An Act To Improve the Maine Administrative Procedure Act
Maine Legislature, Session 127, LD 1354
Committee Amendment CA_A_H301 (House)
Amends: 5 MRSA §8056

COMMITTEE AMENDMENT "A" to H.P. 922, L.D. 1354, Bill, "An Act To 
Improve the Maine Administrative Procedure Act" 
Amend the bilI by striking out all of sections I and 2 (page 1, lines 2 to 12 in L.D.) 
Amend the bilI by striking out all of sections 5 to 10 (page 2, lines 3 to 38 and page 3, 
lines 1 to 10 in L.D.) and inserting the following: 
'Sec. 5. 5 MRSA §8056, sub-§l-A is enacted to read: 
1-A. 
Incorporation of subsequently adopted amendments. 
Notwithstanding 
subsection 1, paragraph B, an agency may specifY through rulemaking that an 
incorporated code, standard, rule or regulation also incorp'orates any subsequently 
adopted amendment of the incorporated code, standard, rule or regulation. In order for 
the subsequently adopted amendment of the incorporated code, standard, rule or 
regulation to take effect as part of the rule, the agency must provide notice to the 
Legislature, the Secretary of State and the persons specified in section 8053 of any 
amendment incorporated pursuant to this subsection and shall include in the notice the 
exact title, edition or version and the date of publication containing the amendment and 
shall certifY to the Secretary of State that the agency has provided the notice to the 
general public on the agency's publicly accessible website and indicated where copies of 
the amended material may be obtained at cost. The subsequently adopted amendment 
takes effect 5 days after the notice and certification required in this subsection is filed 
with the Secretary of State.' 
Amend the bilI by striking out all of section 12 (page 3, lines 24 to 30 in L.D.) 
Amend the bilI by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, retains the provision 
in the bilI that allows an agency to incorporate by reference subsequent amendments to a 
code, standard, rule or regulation and adds a requirement that the exact title, edition or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 922, L.D. 1354 
version and date of publication contaihing the subsequently incorporated amendment are 
included in notification materials provided to required parties. The amendment also 
requires the agency to certify to the Secretary of State that the agency has provided notice 
to the general public on its publicly accessible website and indicated where copies of the 
amended material may be obtained at cost. 
It also specifies that the subsequently 
incorporated amendment will take effect 5 days after notice is filed with the Secretary of 
State. 
The amendment removes provisions in the bill that removed the Attorney 
General's authority in the rule-making process. The provisions in the bill that are retained 
in the amendment include provisions that change notice requirements to provide that 
notice and copies of proposed rules be provided electronically unless the requestor 
specifies they be provided by mail and allow for electronic submission of certain rule-
making information. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/29/15 
;W'ac: 
LD 1354 
LR 1898(02) 
An Act To Improve the Maine Administrative Procedure Act 
Fiscal Note for Bill as Amended by Committee Amendment A" 61 ~ 30 I) 
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 this legislation are expected to be minor and 
can be absorbed within existing budgeted resources. Additional costs to the Legislature to make and distribute copies 
of electronically submitted rules are expected to be minor and can be absorbed within existing budgeted resources. 
LR1898(02) - Fiscal Note - Page 1 of 1