Resolve, Regarding Legislative Review of Portions of Chapter 4: Maine Motor Carrier Safety Regulation, a Major Substantive Rule of the Department of Public Safety, Bureau of State Police

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

Whereas,  the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

Whereas,  the above-named major substantive rule has been submitted to the Legislature for review; and

Whereas,  immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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. Adoption. Resolved: That final adoption of portions of Chapter 4: Maine Motor Carrier Safety Regulation, a provisionally adopted major substantive rule of the Department of Public Safety, Bureau of State Police that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following change is made:

1. The rule must be amended in section 4, paragraph B-1 to provide that intrastate vehicles to which Chapter 4 applies that have a gross vehicle weight rating of 10,001 pounds to 26,000 pounds and that neither meet the definition of a "bus" nor transport hazardous materials are exempt from 49 Code of Federal Regulations, Sections 390.19 and 390.21.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.