About the 123rd Maine Legislature
The Senate has 35 members. The House has 151 members.
There are 90 Democrats, 59 Republicans and two unenrolled in the House.
The Senate has 18 Democrats, 17 Republicans. Maine has a Democratic
Governor.
Representation
Each Senator represents a district including approximately 32,100 constituents.
Each House member represents a district which has approximately 7,500
people. Some Senate districts cross county, town and city lines as do
some House districts.
Election of Legislative Leadership
The Senate and House each elect its presiding officer. The Majority
Leaders and Assistants are chosen by the members of the respective majority
and minority parties in each branch. The Senate elects its own Secretary
and Assistant Secretary and the House elects its own Clerk and Assistant
Clerk.
The Senate and the House jointly ballot to elect the
constitutional officers, who include the Secretary of State, the Attorney
General, and the Treasurer, all elected to two-year terms. The Senate
and House also jointly elect the State Auditor for a four-year term.
Usually the constitutional officers are members of the Majority party
and in the total Legislature.
Committee Assignments
Legislative committees generally have 13 members, 10 from the House
and three from the Senate. The committees are co-chaired by a Senator
and a Representative. The Senate President and Speaker of the House
of Representatives make the appointments, asking for recommendations
from the Majority and Minority leaders.
Legislative Session
The first regular session convenes on the first Wednesday in January
after the state election. Adjournment is mandatory not later than the
third Wednesday in June of the odd numbered years. However, during both
the first and second regular sessions the Legislature may vote up to
two short extensions when necessary. The second regular session convenes
the first Wednesday after the first Tuesday in the even numbered year
and must adjourn not later than the third Wednesday in April. The Legislature
can meet in special session on the call of the Governor. It can also
call itself into session with the consent of the majority of each political
party, all members having been polled.
Legislative Council
The Legislative Council conducts routine business of the Legislature
when the Legislature is not in session, but does not enact legislation.
The Legislative Council includes the President of the Senate and the
Speaker of the House, the Majority and Minority Leaders and the Assistant
Majority and Minority Leaders in each body and total 10 in number.
Floor Amendments
Amendments to a committee's action may be offered by House and Senate
members after second reading. If an amendment affects the appropriation
in any way or causes an increase or decrease in state revenues, it must
also include an amended appropriation or fiscal note.
Passage to be Engrossed
After the Debating and amending processes are completed, a vote is taken
in both houses to pass the measure to be engrossed. "Engrossing"
means printing the bill and all adopted amendments together in an integrated
document for enactment.
Enactment
After being engrossed, all bills must be considered for final passage
first in the House and then in the Senate. The necessary vote for enactment
is usually a simple majority, but emergency bills require a 2/3 majority
of the membership of the body and, referenda for bond issues and constitutional
amendments require a 2/3 vote of those present. When a bill is enacted
by both the House and Senate, it is sent to the Governor. If it fails
enactment in both houses, it goes no further in the process. If the
House and Senate disagree on enactment, additional votes may be taken.
These give each house the opportunity to recede and concur (backup and
agree) with the other house or to adhere to their original vote. If
the disagreement cannot be resolved, the bill is said to have failed
of enactment between the houses.
Appropriations Bills
Bills which would require the expenditure of state funds are called
appropriations or allocations bills, and fall into a special category.
Once bills that affect the General Fund, Highway Fund, or Inland Fisheries
and Wildlife Fund have been acted in the House (having been passed to
be engrossed in the Senate), they are customarily assigned in the Senate
to one of the following "tables": to the Special Appropriations
Table (if they involve the General Fund), to the Special highways Table
(highway funds), or to the Special Inland Fisheries and Wildlife Table.
They are listed daily on the Senate Calendar and are held in the senate
for consideration late in the session. At that time, committee chairmen
and other legislators inform the Appropriations Committee and members
of leadership of their priorities among those bills which have been
placed on the special appropriations tables.
When it is known how much money is estimated to be available
for proposed bills, motions are made in the Senate, usually by the Senate
chairs of the Appropriations, Transportation and Inland Fisheries and
Wildlife committees, to remove bills from the three special tables and
to enact or indefinitely postpone them.
Governor's Options
After a bill has been enacted by the Legislature, it is sent to the
Governor, who has 10 days (not counting Sundays) to exercise on of three
options. He can sign the bill, veto it, or allow it to become law without
his signature.
If the Governor signs it, the bill ordinarily becomes
law 90 days after the adjournment of that legislative session - unless
it is an emergency measure, in which case it takes effect on an earlier
date specified in the bill. If he vetoes the bill, it is returned to
the Legislature, where a 2/3 vote of the membership of both the House
and the Senate is required to override. If the Legislature overrides
the Governor's veto, the bill becomes law without his approval.
If the Governor does not support a bill, but does not
wish to veto it, he may let it become law without his signature, by
not signing it and not returning it to the Legislature within 10 days.
A complicated situation occurs when the Legislature
adjourns before the 10-day time limit has expired. In such a case, a
bill on which the Governor has not acted prior to the adjournment of
the session becomes law unless he returns it within three days after
the reconvening of that Legislature. If there is not another meeting
of that particular Legislature lasting more than three days, the bill
does not become law.
Further Action
After a bill is enacted, it may be affected by subsequent actions, including
referenda, regulatory interpretations and court action.
Referenda
If the Legislature passes a resolution proposing a constitutional amendment,
that resolution must be submitted at the next general election. A referendum
can also result from a successful direct initiative petition by the
voters to either enact or repeal a law.
A third type of referendum is triggered by a successful
petition to exercise the people's veto. Voters may petition for a referendum
to approve or disapprove any law enacted by the Legislature but not
yet in effect. Finally, the Maine Constitution requires that referenda
be held for all bond issues.
Agency Rulemaking
Many laws authorize state agencies to adopt rules to implement laws.
These rules must be adopted in accordance with the Maine Administrative
Procedure Act
Court Action
Court decisions may clarify the purpose of a law, its application, or
the meaning of certain words in the context of the statute. The courts
also may determine the basic issue of whether a law conforms to the
provisions of the United States Constitution or the Maine Constitution.
Legislative Oversight
The Maine Legislature, through its Joint Standing Committees, joint
Select committees, and Commissions authorized by law, carries out inquiries,
investigations, reviews and studies on subjects of interest and concern.
Some of the work especially review of agencies and rules, is frequently
undertaken during the session, but studies and lengthier investigations
usually take place during the interim period between legislative sessions.
Studies
All Joint Standing Committees may conduct studies that include agency
or program review and analysis of problems or proposed solutions to
bills that have been before the Legislature. Committee studies are often
undertaken to review controversial problems and to seek solutions to
them rather than to hastily adopt the first proposed solution that may
be offered. Studies also address issues for which there was insufficient
time for a committee of the full Legislature to consider. Joint Select
Committees and Commissions also may conduct studies.
Near the end of the legislative session, each
committee submits its list of studies in order of priority to the Legislative
Council. The Council determines which of the studies it deems advisable,
and provides a budget for each committee to conduct the approved studies.
These is no prohibition against a committee conducting a study without
Council approval, however, the committee members would not receive a
per diem or reimbursement for expenses incurred. Studies are also assigned
to committee by joint orders by the Legislative Council and by legislation.
