The Legislative Process In Maine: From Bill To Law

how does a bill become a law in maine

The process of a bill becoming a law in Maine involves several stages. First, a legislator decides to sponsor a bill, which can be at the suggestion of a constituent, interest group, public official, or the governor. The legislator may then ask other legislators to join as co-sponsors. The bill is then drafted with the help of non-partisan staff, after which it is introduced and assigned a Legislative Document (LD) number. The bill is then referred to a committee, which holds a public hearing to gather testimony from various parties. Following this, the committee holds a work session to discuss the bill and vote on it. If the bill passes the committee stage, it moves to the House and Senate for consideration, where it can be debated, amended, and voted on. If the bill passes both chambers, it is sent to the governor, who can sign it into law, veto it, or let it become law without their signature. If the governor vetoes the bill, the legislature can override the veto with a two-thirds vote in both chambers. Once a bill is enacted into law, it is assigned a chapter number and published in the Laws of Maine.

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Bill drafting and signing

The first step in the legislative process in Maine is for a legislator to decide to sponsor a bill. This can be at the suggestion of a constituent, interest group, public official, or the governor. The legislator may then ask other legislators in either chamber to join as co-sponsors. The legislator works with non-partisan staff to draft the bill. This includes the Revisor's Office, the Office of Policy and Legal Analysis, and the Office of Fiscal and Program Review, which provide research and drafting assistance and prepare the bill in proper technical form.

Once a request is made to draft legislation, it is assigned a Legislative Reference (LR) number, which is used to track the request until it is printed as a Legislative Document (LD). The Revisor of Statutes reviews all proposed bills and either drafts them or edits any initial drafts to make them conform to proper form, style, and usage.

The bill is then given to the Clerk of the House of Representatives or the Secretary of the Senate, depending on whether the bill sponsor is a representative or a senator. The bill is numbered, a suggested committee recommendation is made, and the bill is printed and placed on the respective body's calendar.

After processing by the Revisor's Office, a bill must be signed by the sponsor and any cosponsors within deadlines established by the presiding officers. The signed bill draft is then sent for printing and distributed to members of the Legislature and to all town and city clerks. It is also made available to the public through the Legislative Document Room.

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Committee assignment

The committee assignment is initially suggested by the Clerk of the House of Representatives and the Secretary of the Senate. If they disagree, they refer the assignment to the President of the Senate and the Speaker of the House. If the Speaker and President fail to reach an agreement, the matter is settled by the Legislative Council. Both chambers must agree on committee assignment because most legislative committees in Maine are Joint Standing Committees composed of members from both the House and the Senate.

Each committee considers bills in different subject areas. For instance, the Joint Standing Committee on Veterans and Legal Affairs may consider legislation affecting election processes, while the Joint Standing Committee on Health and Human Services may consider legislation to increase funding for substance use disorder treatment.

Once a bill is assigned, it is placed on the calendar in the House or the Senate, depending on whether the bill sponsor is a representative or a senator. The chamber considering the bill will vote to approve its committee assignment or refer it to another committee. The other chamber then votes on the same matter. This is typically a formality that is settled quickly. If the House and the Senate do not reach an agreement, that piece of legislation cannot go any further in the process.

The chairs of a committee schedule its meetings. When considering legislation, they first conduct a public hearing. This is an opportunity for people, experts, and advocacy groups to share what they think about a bill. After conducting a public hearing, the committee will hold a work session. During work sessions, lawmakers discuss bills, and can call on subject matter experts and other lawmakers to answer questions. Committee members vote on the bill during the work session.

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Committee reference

Once a bill is assigned, it is placed on the calendar in the House or the Senate, depending on whether the bill sponsor is a representative or a senator. The chamber considering the bill will vote to approve its committee assignment or refer it to another committee. The other chamber then votes on the same matter. This is typically a formality that is settled quickly. If the House and the Senate do not reach an agreement, that piece of legislation cannot go any further in the process.

The Secretary and Clerk suggest the committee of reference, assign the bill a Senate or House Paper number and L.D. number, and place it on the next Calendar for consideration in that legislative body. Bills are usually identified and referred to throughout the rest of the session by their L.D. numbers.

The suggested reference is made to the committee that seems most appropriate based on the bill's subject matter. For example, most bills that deal with farming are reviewed by the Agriculture, Conservation and Forestry Committee. However, a bill making tax changes for farmers could be referred to either the Agriculture, Conservation and Forestry Committee or the Taxation Committee.

On occasion, a special committee is temporarily established to consider a bill or bills that cut across committee jurisdictional lines. Occasionally, two committees will jointly work on a bill that crosses jurisdictional lines. Usually, this is an agreement worked out between the committees, with the committee to whom the bill was actually referred to including the other committee in its deliberations.

The bill is referred to one of the Joint Standing or Joint Select committees in the originating branch and then sent to the other body for concurrence.

The vote on reference is the first floor vote taken on a bill. In most cases, approval of the suggested committee reference is a matter of form. Occasionally, the reference is debated and the House and Senate may vote against the suggested reference and refer the bill to a different committee. If the House and Senate cannot agree on which committee will hear the bill, that piece of legislation can go no further in the process.

In a few circumstances, a bill may be engrossed without reference to a committee under suspension of the Joint Rules by a 2/3 vote taken by a division. That means that the bill goes directly to the floor of the appropriate body for discussion and action. Engrossing without reference usually occurs when the bill is of an emergency nature and the time to go through the public hearing process is not available.

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Floor consideration

Once a bill has been drafted, it is given to the Clerk of the House of Representatives or the Secretary of the Senate, depending on whether the bill's sponsor is a representative or a senator. At this stage, the bill becomes a Legislative Document (LD) and is assigned a number. The Clerk and Secretary then recommend which committee should consider the bill. If they disagree, they refer the assignment to the President of the Senate and the Speaker of the House. If the Speaker and President fail to reach an agreement, the matter is settled by the Legislative Council.

Both chambers must agree on committee assignments because most legislative committees in Maine are Joint Standing Committees composed of members from both the House and the Senate. Each committee considers bills in different subject areas. For instance, the Joint Standing Committee on Veterans and Legal Affairs may consider legislation affecting election processes, while the Joint Standing Committee on Health and Human Services may consider legislation to increase funding for substance use disorder treatment.

Once a bill is assigned, it is placed on the calendar in the House or the Senate, depending on whether the bill sponsor is a representative or a senator. The chamber considering the bill will vote to approve its committee assignment or refer it to another committee. The other chamber then votes on the same matter. This is typically a formality that is settled quickly. If the House and the Senate do not reach an agreement, that piece of legislation cannot go any further in the process.

The chairs of a committee schedule its meetings. When considering legislation, they first conduct a public hearing. This is an opportunity for people, experts, and advocacy groups to share what they think about a bill. After conducting a public hearing, the committee will hold a work session. During work sessions, lawmakers discuss bills and can call on subject matter experts and other lawmakers to answer questions. Committee members vote on the bill during the work session.

Bills are considered by the full House and Senate after the committee votes during a work session. Even if a majority of the committee opposes a bill, it must still be considered by the full legislature. This allows all legislators to consider, debate, and vote on the matter.

  • "Ought to pass" or "ought to pass as amended": If a committee has voted unanimously that a bill should pass, it is typically added to a "consent calendar" and moved relatively quickly through the full House and Senate. Items on the consent calendar are adopted unless a lawmaker objects.
  • "Ought not to pass": If a committee has voted unanimously that a bill should not pass, the committee chairs share this with the House and Senate and the bill is placed in the legislative file. No further action can happen on that bill unless two-thirds of each chamber vote to recall it.
  • Divided report: When committees are divided over a bill, the House and Senate typically take a roll call vote. This means each member records a "yes" or "no" vote for that bill.

If a bill passes the House and Senate and there are differences between each chamber's versions of the bill, a conference committee may be appointed to resolve them. Once a bill has completed all steps in both chambers, it is enacted and sent to the governor.

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Action by the governor

Once a bill has been enacted by the Legislature, it is sent to the Governor, who has several options. The Governor can:

  • Sign a bill into law: If the Governor supports a bill, they can simply sign it into law. If the bill is an emergency measure, it takes effect upon the Governor's signing or on a date specified in the bill. Otherwise, the bill becomes law 90 days after the adjournment of the legislative session in which it was passed.
  • Veto a bill: The Governor can veto a bill, declining to sign it into law and returning it to the Legislature with a "veto message" explaining their opposition. If the Legislature is still in session, lawmakers can override the veto with a two-thirds vote in both chambers.
  • Allow a bill to become law without a signature: If the Governor does not sign the bill and the Legislature is still in session during the 10-day period, the bill becomes law once ten days have passed. This may be done for political reasons, such as avoiding tension with the Legislature or avoiding openly opposing a popular bill.
  • Pocket veto a bill: If the Legislature adjourns for the year during the 10-day period and the Governor does not sign the bill, it does not become law. This is called a "pocket veto."

If a bill is vetoed, it can still become law if the Legislature overrides the veto by a two-thirds vote of those members present and voting in both chambers.

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