HP0536
LD 785
Session - 126th Maine Legislature
 
LR 1707
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Ensure the Periodic Review and Revision of Statutory Provisions

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.


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