An Act To Increase Access to State Rule-making Notices
Maine Legislature, Session 125, LD 0940
Committee Amendment CA_A_H445 (House)
Amends: 5 MRSA §8052, 5 MRSA §8056

COMMITTEE AMENDMENT "A" to H.P. 700, L.D. 940, Bill, "An Act To 
Increase Access to State Rule-making Notices" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §8052, sub-§5, ,B, as amended by PL 1993, c. 446, Pt. A, § 19, 
is further amended to read: 
B. 
A rule may not be adopted unless the adopted rule is consistent with the terms of 
the proposed rule, except to the extent that the agency determines that it is necessary 
to address concerns raised in comments about the proposed rule, or specific findings 
are made supporting changes to the proposed rule. The agency shall maintain a file 
for each rule adopted that must include, in addition to other documents required by 
this Act, testimony, comments, the names of persons who commented and the 
organizations they represent and information relevant to the rule and considered by 
the agency in connection with the formulation, proposal or adoption of a rule. If an 
agency detennines that a rule that the agency intends to adopt is substantially 
different from the proposed rule, the agency shall request comments from the public 
concerning the changes from the proposed rule. The agency may not adopt the rule 
for a period of 30 days from the date comments are requested pursuant to this 
paragraph. Notice of the request for comments must be published by the Secretary of 
State in the same manner as notice for proposed or adopted rules. 
Sec. 2. 5 MRSA §8056, sub-§l, ,n, as enacted by PL 1981, c. 524, § 12, is 
amended to read: 
D. Publish, pursuant to the procedures set forth in section 8053, subsection ~ Q, a 
notice containing the following information: A statement that the rule has been 
adopted, its effective date, a brief description of the substance of the rule, and the 
address where a copy may be obtained. 
Sec. 3. Secretary of State to use General Fund savings to develop a plan 
for the website. General Fund savings from the reduction in newspaper advertising 
COMMITTEE AMENDMENT 
:< Cb· 
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to 
II 
COMMITTEE AMENDMENT A" to H.P. 700, L.D. 940 
resulting from posting notices of adopted rules on a publicly accessible website 
maintained by the Secretary of State pursuant to this Act must be allocated to the 
Secretary of State to be used solely for developing and implementing a plan to improve 
the website. The website must be made more user-friendly with easy searchability of 
agency rules and archival capability. The Secretary of State shall report to the Joint 
Standing Committee on State and Local Government by January 15,2012 on the progress 
in developing and implementing the plan. 
Sec. 4. Calculation and transfer. Notwithstanding any other provision of law, 
the State Budget Officer shall calculate the amount of savings in section 3 of this Part that 
applies against each General Fund account for all departments and agencies from savings 
associated with eliminating the requirement to publish all adopted rule notices in 
newspapers and shall transfer the amounts by financial order upon the approval of the 
Governor. These transfers are considered adjustments to appropriations in fiscal year 
2011-12 and fiscal year 2012-13. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Departments and Agencies - Statewide 0016 
Initiative: Reduces funding for the advertising of adopted rule notices in newspapers. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
($75,000) 
($75,000) 
2012-13 
($100,000) 
($100,000) 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Bureau of Administrative Services and Corporations 0692 
Initiative: Provides funding for updating the publicly accessible website. 
This 
appropriation must be used solely for this purpose. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2011-12 
$75,000 
$75,000 
2012-13 
$100,000 
$100,000 
This amendment replaces the bill. 
It requires the Secretary of State to publish 
adopted rule notices only on the publicly accessible website maintained by the Secretary 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 700, L.D. 940 
of State. 
The bill removes all proposed and adopted rules from publication in the 
newspaper beginning July 1, 2012. 
The amendment also requires the General Fund 
savings from reducing newspaper publication to be allocated to the Secretary of State to 
be used for improving the website and requires the Secretary of State to submit a progress 
report to the Joint Standing Committee on State and Local Government by January 15, 
2012. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/27111 
~ac. 
LD940 
LR 640(02) 
An Act To Increase Access to State Rule-making Notices 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: State and Local Government 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$0 
$0 
$0 
$0 
Projections 
FY2013-14 
$0 
$0 
Projections 
FY 2014-15 
$0 
$0 
This legislation eliminates the requirement for agencies to publish adopted rule notices in the newspapers. The bill 
includes a General Fund deapprpriation to the Department of Financial and Administrative Services, Department and 
Agencies - Statewide account of$75,000 in fiscal year 2011-12 and $100,000 in fiscal year 2012-13. It also includes a 
General Fund appropriation to the Department of Secretary of State in the same amounts to update the publicly 
accessible website. 
LR0640(02) - Fiscal Note - Page 1 of 1