3. In those states which do not permit automatic effectiveness of later amendments and that follow Section 12(d) of the Uniform Statute and Rule Construction Act, this problem has been addressed by either giving the administrator the power to update by rule or the duty to notify the legislature when amendment is necessary. When the legislature notification approach is adopted, to prevent a gap period, the administrator might be given the power to act by rule until the legislature has acted.

4. After enactment, amendments to a preemptive federal statute, to rules adopted by a federal agency under a preemptive provision of a federal statute, or to amendments to such rules should be enforced in all states under the Supremacy Clause of the United States Constitution. A number of such references are in this Act.

Maine Comments

1. Maine courts have held that it is unconstitutional for the Legislature, when incorporating federal laws and standards into state legislation, to incorporate any future Congressional revisions or amendments to those federal laws and standards. By citing the federal acts, and rules and regulations adopted under them, "as amended," the intent is to include the version of the act and those amendments existing at the time this Act is enacted. It is also the intent of the administrator to notify the Legislature when amendments are necessary to conform provisions of this Act to revised or amended provisions of relevant federal laws.

§16104.__References to federal agencies

A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.

Official Comment

No Prior Provision.

§16105.__Electronic records and signatures