By Helen Hanlon
The session began with many motions, corrections, retractions of motions and confusion about what the Committee was being asked to decide today. It demonstrated to me – once again – the lack of preparation, communication and research in the development and drafting of some of these bills. So often it’s déjà vu all over again because many of these measures have been proposed and reworked for years. I get flashbacks of a comic strip from my youth called, “There Ought to Be a Law” and then envision a bunch of Mainers hard at work to make this a reality show.
After much debate about the process of today’s scheduled work, the Committee unanimously decided to form a 3-member subgroup to draft acceptable language that would allow the bills to pass rather than carrying them through into next session. I should note that Reps. Turner, Babbidge, and Evangelos seemed exceptionally thoughtful and practical throughout today’s work sessions.
Debate continued into the bill discussion… with questions about the rationale for legislating an issue that is probably covered by existing rules and regulations in State, County and Departmental entities. The Committee was unsure how to proceed after Rep. Evangelos stated that he felt there was a conflict at issue since they had been asked to decide on the popular election of an Attorney General (LD743) and to weigh in on LD857.
It was proposed that Committee vote ONTP with a letter asking the Secretary of State to review existing regulations for any conflicts or loopholes, but Rep. Evangelos made the sensible suggestion that the Chair and Co-chair simply send a letter seeking advice from the Sec. of State on how or if to proceed. Phew!
This bill repeals a requirement that rules be approved for form and legality by the Attorney General and adds a requirement that rules be submitted to the Attorney General for advice as to form and legality. It changes a statutory provision regarding the taking of private property and notice requirements; allows for electronic submission of certain rule-making information; and enacts a provision that allows an agency to choose to incorporate by reference certain amendments to a code, standard, rule or regulation.
Rep. Martin forcefully maintained that there should be no change to the existing process and suggested the bill stemmed from the “Governor’s major heartburn with the Attorney General.” Rep. Turner, however, felt that they “should not throw the baby out with the bathwater.” She urged the Committee to work on parts of the bill that made sense and keep provisions 3, 4, 5, 6.
On the ONTP motion, the vote was split 6-6 with one absent.