An Act To Ensure the Periodic Review and Revision of Statutory Provisions
Maine Legislature, Session 126, LD 0785
Committee: Judiciary
Sponsors: PRIEST, VALENTINO, BEAULIEU, GUERIN, MOONEN, MORIARTY, PEAVEY HASKELL, VILLA, BURNS
Amends: 3 MRSA §956

Legislative Document 
No. 785 
H.P. 536 
House of Representatives, February 28, 2013 
An Act To Ensure the Periodic Review and Revision of Statutory 
Provisions 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PRIEST of Brunswick. 
Cosponsored by Senator VALENTINO of York and 
Representatives: BEAULIEU of Auburn, DeCHANT of Bath, GUERIN of Glenburn, 
MOONEN of Portland, MORIARTY of Cumberland, PEAVEY HASKELL of Milford, 
VILLA of Harrison, Senator: BURNS of Washington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA c. 33 is enacted to read: 
CHAPTER 33 
PERIODIC REVIEW AND REVISION OF STATUTORY PROVISIONS 
§2701.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Agency.  "Agency" has the same meaning as in Title 3, section 953, subsection 1. 
2.  Committee of jurisdiction.  "Committee of jurisdiction" has the same meaning as 
in Title 3, section 953, subsection 2. 
3.  Independent agency.  "Independent agency" has the same meaning as in Title 3, 
section 953, subsection 3. 
4.  Program evaluation report.  "Program evaluation report" means the report 
submitted to the Legislature by an agency or an independent agency in accordance with 
Title 3, section 956. 
§2702.  Report to committee 
The Office of the Revisor of Statutes and the Office of Policy and Legal Analysis, 
referred to in this section as "the offices," shall review each program evaluation report 
submitted to the Legislature under Title 3, chapter 35, and any legislation recommended 
by a committee of jurisdiction as a result of the committee's review, analysis and 
evaluation of the program evaluation report.  The offices shall identify those statutory 
provisions that are: 
1.  Identified for review.  Identified, pursuant to Title 3, section 956, subsection 2, 
paragraph O, in a program evaluation report as potentially requiring legislative review 
regarding the necessity of amendment to align the statute with federal law, other state law 
or judicial decisions; and 
2.  Not addressed in legislation.  Not addressed in legislation recommended by a 
committee of jurisdiction as a result of the committee's review, analysis and evaluation of 
the program evaluation report. 
No later than November 1st prior to each first regular session of the Legislature, the 
offices shall develop a report that lists the provisions identified under this section and 
shall submit the report to each joint standing committee of the Legislature having 
jurisdiction over any of the statutory provisions identified under this section and to the 
joint standing committee of the Legislature having jurisdiction over judiciary matters. 
§2703.  Committee authority 
During the first regular session of the Legislature following submission of a report 
pursuant to section 2702, each joint standing committee of the Legislature that receives a 
report pursuant to section 2702 shall review the report and shall make recommendations 
to the joint standing committee having jurisdiction over judiciary matters.  The joint 
standing committee having jurisdiction over judiciary matters shall review the report, and 
may report out a bill to the first or second regular session of the Legislature to make 
statutory changes the committee determines necessary to align the statutes with federal 
law, other state law or decisions of the United States Supreme Court or the Supreme 
Judicial Court. 
Sec. 2.  3 MRSA §956, sub-§2, ¶M, as amended by PL 2001, c. 495, §2, is 
further amended to read: 
M.  Agency policies for collecting, managing and using personal information over the 
Internet and nonelectronically, information on the agency's implementation of 
information technologies and an evaluation of the agency's adherence to the fair 
information practice principles of notice, choice, access, integrity and enforcement; 
and 
Sec. 3.  3 MRSA §956, sub-§2, ¶N, as enacted by PL 2001, c. 495, §3, is 
amended to read: 
N.  A list of reports, applications and other similar paperwork required to be filed 
with the agency by the public.  The list must include: 
(1)  The statutory authority for each filing requirement; 
(2)  The date each filing requirement was adopted or last amended by the agency; 
(3)  The frequency that filing is required; 
(4)  The number of filings received annually for the last 2 years and the number 
anticipated to be received annually for the next 2 years; and 
(5)  A description of the actions taken or contemplated by the agency to reduce 
filing requirements and paperwork duplication.; and 
Sec. 4.  3 MRSA §956, sub-§2, ¶O is enacted to read: 
O.  Identification of provisions contained in the agency's or independent agency's 
enabling or authorizing statutes that may require legislative review to determine the 
necessity of amendment to align the statutes with federal law, other state law or 
decisions of the United States Supreme Court or the Supreme Judicial Court. 
SUMMARY 
This bill requires that program evaluation reports filed by state agencies pursuant to 
the State Government Evaluation Act identify provisions contained in the agency's or 
independent agency's enabling or authorizing statutes that may require legislative review 
to determine the necessity of amendment to align the statutes with federal law, other state 
law or judicial decisions.  The bill directs the Office of the Revisor of Statutes and the 
Office of Policy and Legal Analysis to review the program evaluation reports and any 
resulting legislation and to submit a report that lists statutory provisions that are identified 
as potentially requiring legislative review regarding the necessity of amendment to align 
the statute with federal law, other state law or judicial decisions to the relevant joint 
standing committees, as well as to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters.  Under the bill, each joint standing committee of the 
Legislature receiving a report is directed to make recommendations to the joint standing 
committee of the Legislature having jurisdiction over judiciary matters, which is 
authorized to report out a bill to make statutory changes to align the statutes with federal 
law, other state law or decisions of the United States Supreme Court or the Supreme 
Judicial Court.