CHAPTER 56
H.P. 1101 - L.D. 1508
Resolve, Regarding Legislative Review of Chapter 7: Rules Advancing the Performance of Sound Student Safety Practices in Maine's Public Schools and Colleges, a Major Substantive Rule of the Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
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 Chapter 7: Rules Advancing the Performance of Sound Student Safety Practices in Maine's Public Schools and Colleges, a provisionally adopted major substantive rule of the Department of Labor, Bureau of LaborStandards, Board of Occupational Safety and Health 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 rule is amended as follows.
1. The rule must be amended in the part designated "I. Summary of purpose" by deleting the 2nd sentence, which summarizes parts of the rule that are not authorized for final adoption.
2. The rule must be amended by deleting the part designated "III. Educational institution's duty to respond."
3. The rule must be amended by deleting the part designated "V. Board of Occupational Safety and Health oversight of this rule."
4. The rule must be amended by deleting the part designated "VI. Educational institutions' additional duties to advance student safety through sound student safety practices initiatives."
5. The rule must be amended by deleting the part designated "VII. Enforcement"; and be it further
Sec. 2. Finding. Resolved: That the Legislature has determined that the portions of Chapter 7: Rules Advancing the Performance of Sound Student Safety Practices in Maine's Public Schools and Colleges that are not authorized for final adoption as provided in section 1 would add new requirements to the existing health and safety requirements already mandated to school administrative units and that these new requirements could have a significant fiscal impact on school administrative units. The Legislature has also determined that the portions of the provisionally adopted major substantive rule that are authorized for final adoption as provided in section 1 are sufficient to permit the Department of Labor, Bureau of Labor Standards to communicate allegations of unsafe student conditions in educational institutions and to provide any technical assistance that may be necessary to these educational institutions. The Board of Occupational Safety and Health is not required to hold hearings or conduct other formal proceedings prior to finally adopting this rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 2, 2003.
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