Rep. Laurel Libby Seeks to Eliminate the Use of Place-holding “Concept Drafts” in Augusta

A Republican lawmaker is looking to legally abolish the controversial practice of introducing placeholder legislation, known as a “concept draft,” with the intention of swapping it out with the text of an actual bill later on down the road.

Under the proposal introduced by Rep. Laurel D. Libby (R-Auburn), any legislation that could not theoretically become law without further amendment may not be referred to Committee for a public hearing.

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Earlier this year, the Democratic majority on the Joint Rules Committee voted to preserve the use of “concept drafts,” albeit with some restrictions.

Under the newly adopted rules, the actual text of a concept draft must be made available at least two days in advance of the bill’s public hearing, ensuring that legislators and members of the public have an opportunity to review the language.

Although the Committee considered a Republican proposal to do away with the practice entirely, it was rejected along partisan lines.

Republican leaders Sen. Trey Stewart (R-Aroostook) and Rep. Billy Bob Faulkingham (R-Winter Harbor) have argued that concept drafts erode public trust and shield lawmakers from accountability.

According to critics of concept drafts, like Committee member Sen. Rick Bennett (R-Oxford), this process enables legislators to introduce major policy changes with little notice, making it nearly impossible for citizen activists or even professional lobbyists to respond effectively.

“The public has no idea what the contents of a concept draft may be until the sponsor presents the final text, often on the same day as the public hearing,” Bennett has said. “It undermines the very purpose of public hearings.”

[RELATED: Lawmakers to Consider Limiting Use of Vague “Concept Draft” Bills That Frustrate Public Scrutiny]

For example, during the most recent legislative session an extremely controversial bill — that ultimately became law — was first introduced as a concept draft, the text of which was not released to the public in advance of the public hearing.

This bill 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, neither the text of the legislation nor the sponsor’s intentions were clear until just before the public hearing due to its origins as a concept draft.

[RELATED: Massive Turnout for Public Hearing on Last-Minute Bill Creating “Legal Right” to Abortion and “Gender-Affirming Care” in Maine]

Rep. Anne C. Perry (D-Calais) introduced the bill during the first legislative session as a concept draft titled simply “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 many of those who wished to make their voices heard.

The use of concept drafts has grown in recent years, with over 200 introduced in the last session alone.

A public hearing on Rep. Libby’s proposal to do away with concepts drafts has not yet been set, but the State and Local Government Committee can be expected to announce one in the near future.