Following the swearing in of the 132nd Maine State Legislature on Wednesday, Sen. Rick Bennett (R-Oxford) was set to introduce an order directing the Joint Rules Committee to consider and report on a number of recommendations made by lawmakers at the close of the previous session, including serious reforms to the use of “concept draft” bills.
The order also asks the Committee to think about adjusting cloture dates, limiting sponsorship and co-sponsorship, reworking the issuance of notices for public hearings, making sponsor amendments more readily available, and improving the consistency of such processes across all committees.
In addition to this, the order includes a request for the Committee to make changes to the “process of submitting joint resolutions, including reducing the vote to request the calling of an Article V constitutional convention to propose and amendment to the United States Constitution to a majority vote.”
[RELATED: Maine Senate Kills “Article V” Convention Bid]
Under this order, this Joint rules Committee must convene no later than January 9 to “review, consider and report” on these items.
Generally speaking, “concepts drafts” serve as placeholder legislation that lawmakers can introduce with very few details aside from a vague statement regarding the bill’s intent.
A concept draft bill could come with only a generic title, such as “An Act Related to Water.”
The actual language of these bills is introduced as sponsor amendments on the day of the public hearing, meaning that they are not made immediately or easily available online for public scrutiny prior to the opportunity for public comment.
The effect, whether intended or not, is that impacted communities and industries are often unable to show up to the hearing on time to defend their interests or comment on a given piece of legislation.
The use of concept drafts to introduce complex pieces of legislation on very short notice has become increasingly commonplace in recent years, with many in Augusta arguing that the practice is counter to transparent government.
[RELATED: Increasing Use of “Concept Draft” Reduces Legislature’s Transparency, Undermines Public Hearings]
One notable example occurred in the most recent legislative session with an extremely controversial bill that ultimately became law.
This legislation sought to institute legal protections for those seeking or providing “gender-affirming health care” and “reproductive health care services” in Maine, two hot-button issues which had previously drawn massive crowds of protesters to the State House.
However, the text of the legislation — and the sponsor’s intentions — remained unavailable and unknown until just before the public hearing because it was originally introduced as a concept draft.
Rep. Anne C. Perry (D-Calais) introduced the bill during the first legislative session as a concept draft titled “An Act Regarding Health Care in the State.”
She proposed a sponsor amendment with the final language about a week before the public hearing was held, but due to the nature of the process, this text was not readily available for public review, frustrating members of the public who wished to make their voices heard.
The recommendation to eliminate or substantially limit the use of concept drafts, as well as many of the other suggestions outlined in the order, were discussed by members of the 131st Legislature over the summer when the Committee convened for the first time in years.
During this lengthy meeting held near the end of the lawmakers’ term in office, many senators and representatives brought forward their concerns with the state’s legislative process and compiled a list of issues they hoped to see the next wave of lawmakers solve.
[RELATED: Lawmakers Urge Transparency Rules for “Concept Draft” Bills that Frustrate Public Scrutiny]
Because state lawmakers in Maine are up for reelection every two years, the members of the 131st Legislature serving on the Committee at the time did not have the authority to make any changes, only to outline what they hoped to see their successors tackle.
Sen. Bennett’s order appears to be the tangible outcome of these discussions.
“Concept Draft” Bills?!?!? In as few words as possible who’s idiotic idea was this? Another way to screw the people of Maine !!! Submit the complete bill, PERIOD. You have all summer to write it!!! Lord do you legislators in Augusta do anything right?!?! I could have a four year old submit a bill in crayon and it would make more sense and be more complete than this crap.
And then that snake Rachel Hyphen Ross calls for a vote at 1:30 AM and in the middle of a snow storm when all the “ nays “ have gone home .
Priceless .
We need FEWER democrats .
Reminds me of SCOTUS’s Chevron decision.