LD 1839
pg. 1
LD 1839 Title Page Resolve, To Provide for Legislative Review of Certain Agency Rules and Submissi... Page 2 of 2
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LR 2743
Item 1

 
Emergency preamble. Whereas, Acts and resolves of the Legislature do
not become effective until 90 days after adjournment unless
enacted as emergencies; and

 
Whereas, certain actions under the State Government Evaluation
Act required in the second regular session must be authorized for
a special session; and

 
Whereas, in order for the Legislature to retain its opportunity
for meaningful review of certain agency rules, this legislation
must be enacted as an emergency measure; and

 
Whereas, the authority or requirement that the Legislature has
extended to any entity within or outside the Legislature for the
duration of the Second Regular Session of the 121st Legislature
may be continued to a special session only by emergency enactment
of this legislation; 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. State Government Evaluation Act. Resolved: That, notwithstanding
the Maine Revised Statutes, Title 3, section 955, any committee
of jurisdiction that is required under the State Government
Evaluation Act to take action or submit a report in the Second
Regular Session of the 121st Legislature and has not done so on
the effective date of this resolve is subject to the same
requirement under that Act for a special session of the 121st
Legislature that convenes before the statutory adjournment date
of April 21, 2004; and be it further

 
Sec. 2. Agency rules. Resolved: That, notwithstanding the Maine
Revised Statutes, Title 5, section 8072, subsection 7, any major
substantive rule submitted for review to the Second Regular
Session of the 121st Legislature for legislative review and not
finally acted upon by the Second Regular Session of the 121st
Legislature prior to adjournment must be held over to any special
session of the 121st Legislature that convenes before the
statutory adjournment date of April 21, 2004 for review during
that session; and be it further

 
Sec. 3. Reports and legislation authorized. Resolved: That, notwithstanding
any other law to the contrary, any action, report or legislation
that is required or authorized to be performed during or
submitted to the Second Regular Session of the 121st Legislature
that has not been performed or submitted on the effective date of
this resolve is by virtue of this resolve


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