SP0407
LD 1213
Session - 128th Maine Legislature
C "A", Filing Number S-289, Sponsored by
LR 1147
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill in section 3 in chapter 21 in §482 in subsection 2 in the 8th line (page 2, line 39 in L.D.) by striking out the following: " State Auditor" and inserting the following: ' Attorney General'

Amend the bill in section 3 in chapter 21 in §482 in subsection 5 in the 2nd to last line (page 4, line 3 in L.D.) by striking out the following: " State Auditor" and inserting the following: ' Attorney General'

Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the first paragraph in the first line (page 4, line 32 in L.D.) by striking out the following: " State Auditor" and inserting the following: ' Attorney General'

Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the first paragraph in the 3rd line (page 4, line 34 in L.D.) by striking out the following: " State Auditor" and inserting the following: ' Attorney General'

Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the last paragraph in the last line (page 5, line 10 in L.D.) by striking out the following: " State Auditor" and inserting the following: ' Attorney General'

Amend the bill in section 3 in chapter 21 in §482 in subsection 9 in the last line (page 5, line 14 in L.D.) by inserting after the following: " 1825-B." the following: ' Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.'

Amend the bill in section 3 in chapter 21 by striking out all of §483 (page 5, lines 15 to 41 in L.D.) and inserting the following:

§ 483 Review by Attorney General

1 Review by Attorney General.   A privatization contract submitted to the Attorney General becomes valid 30 business days after receipt of the certification for the contract required by section 482, subsection 8 unless the Attorney General notifies the agency of an objection to the contract within 30 business days of receipt of the certification. An objection by the Attorney General under this subsection must be in writing and state specifically the Attorney General's finding that the agency has failed to comply with one or more of the requirements of section 482, including that based on independent review of all the relevant facts the Attorney General finds incorrect any of the information in the certification required by section 482, subsection 8. The Attorney General may extend the time for objections for an additional period of 30 business days beyond the original 30 business days by written notice to the agency stating the reason for the extension.
2 Summonses by Attorney General.   For the purpose of reviewing an agency's compliance and certification pursuant to section 482, the Attorney General or the Attorney General's designee may require by summons the attendance and testimony under oath of witnesses and the production of books, papers and other records relating to the review. All provisions of law relative to summonses in Title 14, chapter 203 apply to a summons under this subsection.
3 Forms; rules.   The Attorney General may prescribe forms and adopt rules to carry out the provisions of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
4 Finality of Attorney General objection.   An objection of the Attorney General pursuant to subsection 1 is final and binding, unless the Attorney General in writing withdraws the objection. If the Attorney General objects to a contract under subsection 1, the privatization process under section 482 is terminated unless the agency submits a revised certified contract to the Attorney General within 30 days of the date of the objection. The Attorney General shall review a revised certified contract in the same manner as a certified contract under subsection 1.

summary

This amendment is the majority report of the committee. The amendment requires the Attorney General, rather than the State Auditor, to conduct the review of privatization contracts specified in the bill. The amendment identifies the rules authorized to be adopted as routine technical rules.


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