An Act To Increase Access to State Rule-making Notices
PART A
Sec. A-1. 5 MRSA §8002, sub-§8-A, as enacted by PL 1997, c. 110, §1, is amended to read:
Sec. A-2. 5 MRSA §8052, sub-§7, as amended by PL 1995, c. 373, §3, is further amended to read:
The final date for comments may be extended if notice of doing so is published within 14 days after the most recently published comment deadline , in the consolidated notice referred to in section 8053.
Sec. A-3. 5 MRSA §8053, sub-§1, as amended by PL 2003, c. 207, §1, is further amended to read:
Notification to subscribers under paragraph B must be by mail or, with written or electronically submitted agreement of the subscriber, electronic notice or otherwise in writing to the last address provided to the agency by that person. Subscribers under paragraph B may request to receive a copy of each proposed rule with the written notice. The agency shall provide the copy at the same time the notice is sent.
Written or electronic notice must also be given to the Secretary of State, by the deadline established by the Secretary of State, for publication in accordance with subsection 5 6. This notice must be in a format approved by the Secretary of State.
Sec. A-4. 5 MRSA §8053, sub-§2, as repealed and replaced by PL 1979, c. 425, §5, is amended to read:
Sec. A-5. 5 MRSA §8053, sub-§3, as amended by PL 2009, c. 256, §1, is further amended to read:
Sec. A-6. 5 MRSA §8053, sub-§5, as amended by PL 2009, c. 256, §2, is repealed.
Sec. A-7. 5 MRSA §8053, sub-§6, as amended by PL 2009, c. 256, §3, is further amended to read:
The Secretary of State must be reimbursed for the cost of electronic publication of rule-making notices by the agencies proposing the rulemaking. The total costs must be prorated by the Secretary of State among all agencies submitting notices.
Sec. A-8. 5 MRSA §8053, sub-§7, as enacted by PL 2009, c. 256, §4, is repealed.
Sec. A-9. 5 MRSA §8056, sub-§1, ¶D, as enacted by PL 1981, c. 524, §12, is amended to read:
Sec. A-10. 12 MRSA §6194, as enacted by PL 2007, c. 692, §2, is amended to read:
§ 6194. Shellfish area closure status notification
Notwithstanding Title 5, section 8053, the notification of rulemaking relating to the status of a shellfish area is not required to be published in a newspaper. The department shall place any information concerning the opening or closing of a shellfish area on the department's shellfish sanitation hotline and on the department's publicly accessible website. The commissioner may, in the case of an emergency as determined by the commissioner, advertise a change in the status of a shellfish area in the newspaper.
Sec. A-11. 25 MRSA §2103-A, sub-§2, ¶C, as enacted by PL 1989, c. 754, Pt. C, §1, is amended to read:
(1) A statement that the state rule has been adopted and its effective date;
(2) A brief description of the substance of the state rule and the referenced federal regulations or amendments; and
(3) The addresses where copies of the state rule and the federal regulations and amendments may be obtained; and
Sec. A-12. 29-A MRSA §555, sub-§2, ¶D, as amended by PL 2005, c. 679, §1, is further amended to read:
(1) A statement that the rule has been adopted and its effective date;
(2) A brief description of the substance of the rule and the referenced federal regulation or amendment; and
(3) The addresses at which copies of the rule and the federal regulation or amendment may be obtained.
Sec. A-13. 30-A MRSA §2357, sub-§1, as amended by PL 1995, c. 655, §1, is further amended to read:
Sec. A-14. 38 MRSA §344-B, sub-§1, as amended by PL 2001, c. 212, §1, is further amended to read:
Except as provided in this section, the deadline governing the processing of an application is determined by the timetable in effect on the date the application is determined to be complete.
Sec. A-15. 38 MRSA §1696, sub-§1, as enacted by PL 2007, c. 643, §2, is amended to read:
If there are several available safer alternatives to a priority chemical, the board may prohibit the sale of children's products that do not contain the safer alternative that is least toxic to human health or least harmful to the environment.
A rule established pursuant to this subsection must specify the effective date of the prohibition, which may not be sooner than 12 months after notice of the proposed rule is published as required under Title 5, section 8053, subsection 5 6. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. A-16. Effective date. This Part takes effect July 1, 2012.
PART B
Sec. B-1. Competitive bids. In accordance with the competitive bid process pursuant to the Maine Revised Statutes, Title 5, chapter 155, the Department of Administrative and Financial Services shall issue a contract to provide a publicly accessible website through the office of the Secretary of State to post notices of all proposed and adopted rules pursuant to Title 5, section 8053. The website must be user-friendly, allow for easy searchability of agency rules and have archival capability. The website must be fully operational no later than July 1, 2012.
summary
This bill eliminates the requirement that the Secretary of State publish proposed and adopted rules in the newspaper beginning July 1, 2012. It requires the Department of Administrative and Financial Services to issue a contract to provide a website for rule-making notices in accordance with the competitive bid process pursuant to the Maine Revised Statutes, Title 5, chapter 155. The website must be fully operational no later than July 1, 2012.