OPLA~Notes

A. That the Legislature authorize final adoption of the rule;

B. That the Legislature authorize final adoption of a specified part of the rule;

C. That the Legislature authorize final adoption of the rule with certain specified amendments; or

D. That the Legislature disapprove final adoption of the rule.

The committee report is in the form of a resolve. The report must include a copy of the rule, the committee's recommendation, the reasons for a recommendation to disapprove or modify the rule and legislation to implement its recommendation. If the Legislature fails to act on a provisional rule before the end of the legislative session in which it is submitted for review, an agency may finally adopt and implement the rule.

If the Legislature authorizes adoption or modification of a major substantive rule, the agency must finally adopt the rule within 60 days of the effective date of the legislation or of adjournment if no legislation is adopted. If finally adopted within 60 days, the rule does not require further rule-making proceedings so long as the final rule reflects the Legislature's decision and is properly filed with the Secretary of State.

Status of Major Substantive Rules filed in the 118th Legislature, First Regular and First Special Sessions

As was discussed in the previous edition of OPLA~Notes, the Legislature has embarked on a new strategic planning and performance budgeting process designed to improve the direction and operations of state agencies. The law calls for full implementation of performance budgeting by the FY 2000-2001 biennium. Because the legislation provides for policy committees to play a crucial role in reviewing and shaping strategic plans of agencies, members of the Office of Policy and Legal Analysis and the Office of Fiscal and Program Review conducted an orientation session for all legislators on February 13, 1997. This orientation reviewed the general principles of strategic planning, the legal requirements and timeline for implementation, the role of policy committees, and the characteristics of a performance budget.

The performance budgeting law required agencies to file their strategic plans and pilot performance budgets by February 1, 1997. To date, 28 executive agencies and 19 non-executive agencies have prepared their final strategic plans. The policy committees are reviewing agency strategic plans this session.

LD 430: "An Act to Clarify the Provisions that Implement Performance Budgeting in State Government"

Legislation was filed this session to amend the performance budgeting law. LD 430, "An Act to Clarify the Provisions that Implement Performance Budgeting in State Government," was enacted by the House and Senate on May 6, 1997 and signed by the Governor on May 15, 1997. This legislation makes technical amendments to PL 1996, chapter 705, the law that provides the framework for Maine's performance budgeting process.

The following provides an overview of how LD 430 amends Maine's performance budgeting process:

Section 2 of the bill exempts public instrumentalities from the requirements of performance budgeting. These public instrumentalities include the Maine Sardine Council, the Lobster Promotion Council, the Potato Board, the Blueberry Commission, the Dairy Promotion Board and Dairy Nutrition Council.

Section 4 of the bill adds a member of the Judicial Department to the Commission on Performance Budgeting. It also extends the term of initial commission members by six months. Current members of the commission were appointed in August 1995 and their terms are extended to January 1998.

Section 5 of the bill clarifies the duties of the Commission on Performance Budgeting. Under the current law, the commission is charged with providing guidance and advice to the Legislature and the Governor regarding performance budgeting in state government. LD 430 adds language that charges the commission with providing guidance and advice on the methods and strategies for implementing performance budgeting.

Section 6 of the bill adds a provision that the chair of the commission can call meetings. Currently, meetings of the commission can be called only by a majority vote of the commission.

Section 7 of the bill clarifies that the State Planning Office is to receive copies of both final strategic plans and pilot budget proposals.

Section 8 of the bill clarifies that pilot performance budgets will not be the basis for appropriations or allocations. It further clarifies that the pilot budgets would be used for purposes of designing and evaluating the performance budgeting system.

Section 9 of the bill clarifies that legislative oversight committees be consulted in the development of joint goals and objectives for interagency strategic planning. Under the current law, agencies are required to consult legislative policy committees in the development of their strategic plan. However, there is no language that applies to the interagency selection of policy areas.

Section 10 of the bill clarifies that "job training" is not a policy area, but a strategy for which joint goals and objectives are to be developed. It requires the Department of Labor, the Department of Education, the Department of Human Services, the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Maine Technical College System to develop common goals and objectives and that they coordinate the development of job training strategies for achieving these goals and objectives.

The first ship launched in North America was the Virginia of Sagadahoc, which was built in 1608 by members of the Popham Colony living near Popham Beach.

Granite from the state of Maine graces numerous prominent buildings located in our nation's capital, including: the John F. Kennedy Memorial, the Washington Monument, the U.S. State Department, the Library of Congress, the United States Mint, and even the White House. Pink, green, white, and black shades of this magnificent stone can be found within the various regions of Maine.

Recent Legal Developments

Maine's Term Limits Law Upheld by State and Federal Courts

The Maine Supreme Judicial Court's Decision

In the decision, League of Women Voters v. Secretary of State, the U.S. District Court for the District of Maine certified the following two questions to the Law Court relating to the state term limits law:

1. "Under the Maine Constitution, may limits on the number of consecutive terms that may be served by Maine legislators be enacted by legislation or do such limits require an amendment to the Maine Constitution?"

According to the decision, the Legislature's power is plenary and subject only to those limits placed on it by the Constitution of Maine and the federal government. The court viewed the initiative process granted under the Maine Constitution as an extension of the Legislature's plenary power and focused on whether or not the enactment of term limits was a proper exercise of legislative power of Maine people. The court concluded that although the Maine Constitution provides for term limits in the office of Governor and in the past imposed term limits on the office of State Treasurer, there was no "compelling evidence that the Framers of our [Maine] Constitution intended amendment of that document to be the only means of imposing qualifications on those who would serve in the Legislature." The Court also declined to look at the United States Supreme Court case U.S. Term Limits v. Thornton, 115 S.Ct 1842 (1995), that held that the U.S. Constitution is the exclusive source of qualifications for Congressional office. In that case, the Supreme Court's analysis concerned the history of the U.S. Constitution and the Framers' intent to ensure that federal elections be uniform throughout the states. Finding that the need for uniformity was not present in the statewide elections, the Maine Law Court declined to apply the Supreme Court's analysis in Thornton.

2. "Do the provisions of 21-A M.R.S.A. §§ 553-54, Limitation of Terms, disqualify legislators who are currently serving the last of four or more consecutive terms from appearing on the ballot in the 1996 election and from serving in the Legislature during 1997 and 1998?"

In looking at the legislative history, particularly the Transition Statement that accompanied the bill on the ballot, the court concluded that these statements supported the reading of the provision that the term limits were intended to apply to legislators serving terms at the time of enactment.

The U.S. District Court's Decision

Since the Law Court determined the state law matters, the U.S. District Court of Maine was faced with federal constitutional claims that the imposition of Maine's term limits law violated the First and Fourteenth Amendments. Because the United States Supreme Court has not decided the issue of whether state term limits laws violate voters' and lawmakers' constitutional rights, the court relied on prior judicial precedent evaluating restrictions on voting rights. Recognizing that all election laws impose some burden or limit on voters' and lawmakers' right to vote, the court held that the Term Limitation Act did not violate the First and Fourteenth Amendments. Although the court did not take a position on the merits of term limits, it held that the Act served a legitimate regulatory interest. Further, the Act did not unduly restrict the rights of voters under the Constitution since there was no complete prohibition on the election of incumbents to office and the Act made no distinctions among lawmakers on the basis of wealth, party affiliation, race or ideas.

118th Legislative Session Bill Status

You can access state legislative information by pointing your Web browser to the Library of Congress' State and Local Government section (see Internet Intersection sites). Forty-four states currently have at least some combination of legislative information on the Internet.

*Under development

The 117th Legislature authorized several studies during its Second Regular Session. Among them were the Commission to Study Poverty Among Working Parents and the Commission on Judicial Compensation. These Commissions completed their studies and issued reports that included recommendations for change.

The Commission to Study Poverty Among Working Parents recommended changes in several broad categories. These recommendations resulted in proposed legislation that included the following:

Removing Barriers to Work

• LD 572 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents Concerning Medicaid Eligibility (status: ONTP)
• LD 1574 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents Regarding Threshold for Filing Personal Income Tax (status: ONTP)
• LD 564 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to State Earned Income Tax Credit (status: ONTP)
• LD 333 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Child Care Funding (status: ONTP)

• LD 332 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Unemployment Compensation (status: LAB Committee, OTP-AM)
• LD 568 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Raising the Minimum Wage (status: LAB Committee voted to carry over)

• LD 330 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Microenterprise Needs (status: Signed into law, Resolve 23)

• LD 334 - An Act to Implement Recommendations of the Commission to Study Poverty Among Working Parents with Regard to an Annual Report Card on Poverty (status: Enacted on May 15, 1997)

The Office of Policy and Legal Analysis (OPLA) is one of several nonpartisan offices of the Maine State Legislature. It operates under the auspices of the Legislative Council. The office provides professional staff assistance to the joint standing and select committees, including provision of policy and legal research and analysis, coordination of the committee process, drafting of bills and amendments, statutory analysis of budget bills in cooperation with the Office of Fiscal and Program Review and preparation of legislative proposals, reports and recommendations. Following is the mission of the office:

The Office of Policy and Legal Analysis assists, in a nonpartisan and responsive manner, the Maine Legislature, its committees and its members in fulfilling the Legislature's mission by providing objective information, impartial legal and policy analysis, and assisting in formulating and drafting legislative proposals, reports and recommendations.