CHAPTER 101
H.P. 1365 - L.D. 1839
Resolve, To Provide for Legislative Review of Certain Agency Rules and Submission of Certain Authorized Reports and Legislation
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 required or authorized, as applicable, for performance during or submission to any special session of the 121st Legislature that convenes before the statutory adjournment date of April 21, 2004.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective February 2, 2004.
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