An Act To Protect Legislative Intent in Rulemaking
Maine Legislature, Session 125, LD 0543
Committee Amendment CA_B_H688 (House)
Amends: 5 MRSA §8053, 5 MRSA §8053-A

COMMITTEE AMENDMENT;B" to H.P. 426, L.D. 543, Bill, "An Act To 
Protect Legislative Intent in Rulemaking" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRS A §8053, sub-§I, ~, as amended by PL 2003, c. 207, §l, is 
further amended to read: 
B. 
Any person who has filed within the past year a written or electronic request 
with the agency for notice of rulemaking; arul 
Sec. 2. 5 MRS A §8053, sub-§I, ~C, as amended by PL 1995, c. 373, §4, is 
further amended to read: 
C. Any trade, industry, professional, interest group or regional publication that the 
agency considers effective in reaching the persons affected~; and 
Sec.3. 5 MRSA §8053, sub-§I, ~ 
is enacted to read: 
E. 
The primary sponsor of the legislation that was enacted and authorized the 
rulemaking, as long as the legislation was enacted within the previous 2 years. 
Sec. 4. 5 MRSA §8053-A, sub-§§5 and 6 are enacted to read: 
5. 
Annual lists of rule-making activity. 
By February 1st of each year, the 
Secretary of State shall provide the Executive Director of the Legislative Council lists by 
agency of all rules adopted by each agency in the previous calendar year. The Executive 
Director of the Legislative Council shall refer each list to the appropriate joint standing 
committee or committees of the Legislature for review. Each list must include for each 
rule the following information, which must be submitted by each agency to the Secretary 
of State: 
A. The statutory authority for the rule and the rule chapter number and title; 
B. The principal reason or purpose for the rule; 
COMMITTEE AMENDMENT 
'. 
COMMITTEE AMENDMENT:B" to H.P. 426, ·L.D. 543 
Co A written statement explaining the factual and policy basis for each rule adopted 
pursuant to section 8052, subsection 5; 
D. If the rule adopted was routine technical or major substantive; 
E. If the rule was adopted as an emergency; and 
F. The fiscal impact of the rule. 
6. 
Authority to report out legislation. 
After each appropriate joint standing 
committee of the Legislature has received a list of rule-making activity pursuant to 
subsection 5, the committee may require an agency to appear before the committee, and 
the committee may report out legislation in the same legislative session in which the 
report is received to adjust rule-making authority related to the rules adopted in the 
previous calendar year.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, 
which was a concept draft. The amendment requires a state agency to notify the primary 
sponsor of the legislation that authorized the rulemaking, as long as the rulemaking 
occurs within 2 years of the enactment of the legislation. The amendment also requires 
that by February 1st of each year the Secretary of State must provide the Executive 
Director of the Legislative Council with a list of all rules adopted by each agency in the 
previous calendar year. The Executive Director of the Legislative Council must forward 
the list to the joint standing committee or committees of the Legislature having 
jurisdiction over those rules. The list must include the statutory authority for the rule, the 
rule chapter number and title, the principal reason or purpose for the rule, a written 
statement explaining the factual and policy basis for the rule, whether the rule was major 
substantive or routine technical, whether the rule was adopted as an emergency and the 
fiscal impact of the rule. Each committee may require an agency to appear before it, and 
the committee is authorized to report out legislation in the same legislative session to 
adjust the rule-making authority of the agency if the committee considers it necessary. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 01123112 ;!vac 
LD543 
LR 1294(06) 
An Act To Protect Legislative Intent in Rulemaking 
Fiscal Note for Bill as Amended by Committee Amendment~' 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Secretary of State associated with submitting lists of rules adopted by each 
agency to the Executive Director of the Legislative Council can be absorbed within existing budgeted resources. 
The additional workload for the Executive Director of the Legislative Council to distribute the list of adopted rules to 
the appropriate joint standing committees can be implemented by existing staff of the Legislature. 
LR1294(06) - Fiscal Note - Page 1 of 1