An Act To Ensure Proper Adoption of Rules by All Departments, Agencies and Boards
Maine Legislature, Session 127, LD 0999
Committee Amendment CA_A_H300 (House)

COMMITTEE AMENDMENT ,A " to H.P. 694, L.D. 999, Bill, "An Act To 
Ensure Proper Adoption of Rules by All Departments, Agencies and Boards" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Establish the Commission on Rulemaking Oversight' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, some state agencies, boards and commissions may not have their rule-
making authority overseen by a department; and 
Whereas, the Commission on Rulemaking Oversight is tasked with reviewing rule-
making authority for state agencies, boards and commissions; and 
Whereas, the review must be initiated before the 90-day period expires in order that 
the review may be completed and a report submitted in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Commission established. Resolved: 
That the Commission on 
Rulemaking Oversight, referred to in this resolve as "the commission," is established to 
study rule-making authority for independent state agencies; and be it further 
Sec. 2. Membership. Resolved: That the commission consists of 10 members as 
follows: 
1. Four members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
COMMITTEE AMENDMENT 
, 17 
COMMITTEE AMENDMENT "Au to H.P. 694, L.D. 999 
2. Four members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; 
3. 
The Commissioner of Administrative and Financial Services, or the 
commissioner's designee; and 
4. A representative from the Governor's office, appointed by the Governor; and be it 
further 
Sec. 3. Commission chairs. Resolved: 
That the first-named Senator is the 
Senate chair of the commission and the first-named House of Representatives member is 
the House chair of the commission; and be it further 
Sec. 4. 
Appointments; convening of commission. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been made. When the appointment of all members 
has been completed, the chairs of the commission shall call and convene the first meeting 
of the commission. If 30 days or more after the effective date of this resolve a majority 
of but not all appointments haye been made, the ch1!jrl' may request authority and the 
Legislative Council may grant authority for the commission to meet and conduct its 
business; and be it further 
Sec. 5. Duties. Resolved: That the commission shall review the rule-making 
authority for all independent state agencies. The review must: identify current rule-
making authority and the statutory references th,at provide the authority for each 
independent state agency; categorize each independent state agency based on whether or 
not a department provides oversight of the independent state agency's rule-making 
process; and identify the department that provides oversight of the rule-making process of 
the independent state agency for those independent state agencies overseen by a 
department. The commission shall develop recommendations for any changes to routine 
technical rule-making authority of independent state agencies. 
For purposes of this 
section, "independent state agency" means any agency, board or commission with rule-
making authority that is not a department with a cabinet-level commissioner; and be it 
further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7. Report. Resolved: That, no later than December 2,2015, the commission 
shall submit a report that includes its findings and recommendations, induding suggested 
legislation, for presentation to the joint standing committee of the Legislature having 
jurisdiction over state and local government matters. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report of the committee: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 694, L.D. 999 
1. Strikes and replaces the bill with a resolve and changes the title; 
2. 
Establishes the Commission on Rulemaking Oversight to study rule-making 
authority for independent state agencies; 
3. 
Sets up the membership of the commission, which consists of 10 members, 
including 4 members of the Senate, 4 members of the House of Representatives, the 
Commissioner of Administrative and Financial Services or the commissioner's designee 
and a representative from the Governor's office appointed by the Governor; 
4. 
Requires that the commission identify current rule-making authority and the 
statutory references that provide the authority for each independent state agency; 
categorize each independent state agency based on whether or not a department provides 
oversight of the independent state agency's rule-making process; and identify the 
department that provides oversight of the independent state agency's rule-making process 
for those independent state agencies overseen by a department; 
5. Requires the commission to develop recommendations for any changes to routine 
technical rule-making authority of independent state agencies; 
6. 
Requires the Legislative Council to provide necessary staffing services to the 
commission; and 
7. Requires the commission to submit a report by December 2, 2015 with its findings 
and recommendations, including suggested legislation, to the joint standing committee of 
the Legislature having jurisdiction over state and local government matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/15 
;:Wac 
LD999 
LR 1388(02) 
An Act To Ensure Proper Adoption of Rules by All Departments, Agencies and Boards 
Fiscal Note for Bill as Amended by Committee Amendment A'{~ -3C6 '\ 
Committee: State and Local Government 
) ) 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Legislative Cost/Study 
The general operating expenses of this stUdy are projected to be $4,250 in fiscal year 2015-16. The Legislature's 
proposed budget includes $10,000 in fiscal year 2015-16 for legislative studies. Whether this amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. The 
additional costs of providing staffing assistance to the study during the interim can be absorbed utilizing existing 
budgeted staff resources. If more than 4 meetings are held during the interim the estimated cost for each additional 
meeting is projected to be $1,000 for legislative per diem and expenses. 
Fiscal Detail and Notes 
The additional costs to the Governor's Office and the Department of Administrative and Financial Services are 
expected to be minor and can be absorbed utilizing existing budgeted resources. 
LR1388(02) - Fiscal Note - Page 1 of 1