An Act To Protect Legislative Intent in Rulemaking
Maine Legislature, Session 125, LD 0543
Committee Amendment CA_C_H689 (House)
Amends: 5 MRSA §8053, 5 MRSA §8053-A

COMMITTEE AMENDMENT ,,~, 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 MRSA §8053, sub-§l, ~B, as amended by PL 2003, c. 207, §1, 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; afl:d 
Sec. 2. 5 MRSA §8053, sub-§l, ~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-§l, ~ 
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, an agency 
that was authorized to adopt rules in the previous calendar year shall provide a 
consolidated list of all rules that the agency adopted in the previous calendar year to the 
Executive Director of the Legislative Council, who shall refer each list to the appropriate 
joint standing committee or committees of the Legislature. The consolidated list must 
include for each rule the following information: 
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" (!';to H.P. 426, L.D. 543 
C. 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 the consolidated list of rule-making activity 
pursuant to subsection 5, 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 minority 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 an agency that was authorized to adopt rules in the 
previous calendar year must provide a consolidated list of all rules adopted in that year to 
the Executive Director of the Legislative Council, who is required to refer the list to the 
joint standing committee or committees of the Legislature having jurisdiction over those 
rules. The consolidated 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 nile was major 
substantive or routine technical, whether the rule was adopted as an emergency and the 
fiscal impact of the rule. Each 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: 0 1/23/12 
~a:c.. 
LD543 
LR 1294(07) 
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 associated with submitting lists of the rules adopted by each agency in the previous calendar year to 
the Executive Director of the Legislative Council can be absorbed within the existing budgeted resources of each 
agency adopting rules. 
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(07) - Fiscal Note - Page 1 of 1