THE JOINT RULES

The 132nd Legislature

PREAMBLE

These Joint Rules are adopted pursuant to the Constitution of Maine to assist in carrying out the responsibilities of the Legislature. These rules take precedence over statutes enacted by a prior Legislature relating to the proceedings of the Legislature. A higher precedence is given to the individual chamber rules, followed by past practices and customs of the chamber.

PART 1 - GENERAL PROVISIONS

Rule 101. Scope

The rules govern the transaction of business by both chambers, between the chambers and by members of both chambers, including many of the activities of joint legislative committees. The business of the separate chambers and most actions of members are governed by chamber rules.

Rule 102. Amendment of Rules

Joint Rules may be amended by a majority vote in each chamber on or before the 3rd Friday in January of the first regular session. After that, a vote of 2/3 of the members present in each chamber is required.

Rule 103. Suspension of Rules

Except as provided in Joint Rule 308, a joint rule or order may be suspended only with the consent of 2/3 of the members present in each chamber.

Rule 104. Conflict of Interest

A member may not vote on any question in committee when that question immediately involves that member's private right, as distinct from the public interest.

Rule 105. Salary and Benefits of Legislative Employees is Public Information

Salary and benefit information regarding employees and officers of the Legislature is public information and when requested must be provided within a reasonable time by the Secretary of the Senate for Senate employees, the Clerk of the House for House employees and the Executive Director of the Legislative Council for other legislative employees.

Rule 106. Records of Certain Legislator Expenses

Upon request, the presiding officer of each chamber shall provide the monthly total or annual total cost of postage expenses for all members in the chamber.

The presiding officers shall also provide monthly total and annual total postage expenses of individual members upon request.

Rule 107. Notice of Legislative Council Meetings

Meeting times of the Legislative Council must be publicized, at a minimum, by posting notice on the door of the meeting room in a timely fashion. When feasible, other advance notice of Legislative Council meetings must be given.

Rule 108. Annual Harassment Training

Each member must attend in-person training on harassment at the beginning of each regular session. The Presiding Officers must arrange sufficient opportunities for each member to attend this in-person training on harassment. Each member must sign an affidavit stating that the member has attended the in-person training on harassment and must file that form with the office of the Executive Director of the Legislative Council. The Executive Director of the Legislative Council shall provide a report to the Presiding Officers listing the members who have not attended the required training and submitted the affidavit.

PART 2 - LEGISLATION

Rule 201. Prefiling

A member-elect may file bills and resolves for introduction with the Revisor of Statutes prior to the convening of each first regular session.

Rule 202. Cloture for Legislators at the First Regular Session

All requests for bills and resolves submitted by Legislators for a first regular session must be submitted in complete form, as provided in Joint Rule 208, to the Revisor of Statutes by 4:00 p.m. on January 10, 2025.

Rule 203. Cloture at the Second Regular Session

The Legislative Council shall set a cloture date and establish procedures for submission of legislation to the Revisor of Statutes at a second regular session. Procedures established for each second regular session must ensure compliance with the requirements of the Constitution of Maine, Article IV, Part Third, Section 1.

Any vote of the Legislative Council to accept or reject a bill or resolve proposed for introduction under the procedures established under this Joint Rule must be taken by the yeas and nays, and that vote must be recorded and made available for public inspection.

Rule 204. Cloture for State Department, Agency or Commission Bills and Resolves at the First Regular Session

1. Deadlines for Requests.

All requests for bills and resolves submitted by a state department, agency or commission for a first regular session must be submitted to the Revisor of Statutes by 4:00 p.m. on the first Wednesday in December.

2. Deadline When Governor Newly Elected.

If the Governor is newly elected and the convening of the first regular session coincides with the beginning of the Governor's first term, then any request for a bill or resolve submitted by a state department, agency or commission must be submitted within 30 days after the Governor is administered the oath of office.

3. Identification of Agency.

Each request for a bill or resolve submitted under this rule must clearly designate, under the title, the department, agency or commission on whose behalf the bill or resolve is submitted.

Rule 205. Filing after Cloture

Any request for a bill or resolve submitted to the Revisor of Statutes by a Legislator, a department, agency or commission after the appropriate cloture date must be transmitted to the Legislative Council. The council shall ascertain from the sponsor the facts supporting the request notwithstanding cloture. If a majority of the council approves, the legislation is eligible for introduction as other legislation that is in compliance with Rule 202 or 203.

Rule 206. Sponsorship

1. Number; Governor's Bills.

A bill, resolve, order, resolution or memorial may have up to 10 sponsors: one primary sponsor, one lead cosponsor from the other chamber and 8 cosponsors from either chamber. By mutual agreement the presiding officers may authorize additional cosponsors on a case-by-case basis. Each bill or resolve requested by the Governor or a department, agency or commission must indicate the requestor below the title.

2. Duplicate Requests; Chamber of Origin.

For duplicate or closely related bills or resolves, the Legislative Council may establish a policy for combination of requests and the number of cosponsors permitted on combined requests. A bill, resolve, order, resolution or memorial having cosponsors must originate in the chamber of the primary sponsor.

3. Wabanaki Tribal Representatives.

The member of the Penobscot Nation, the member of the Passamaquoddy Tribe and the member of the Houlton Band of Maliseet Indians elected to represent their people at each biennial Legislature may sponsor legislation specifically relating to Indians and Indian land claims, may offer floor amendments to this legislation, may cosponsor any other legislation and may sponsor and cosponsor expressions of legislative sentiment in the same manner as other members of the House.

PART 3 - LEGISLATIVE COMMITTEES

Subpart A - Joint Standing Committees

Rule 301. Joint Standing Committee Responsibilities and Jurisdiction

Joint standing committees are formed to assist the Legislature in the performance of its constitutional duties and are vested with the general authority granted in the Maine Revised Statutes, Title 3, section 165 and certain other specific authority granted from time to time by the Legislature. The responsibilities of joint standing committees include, but are not limited to:

  • 1. Pending Legislation. Considering and reporting to both chambers on legislation pending before the Legislature;
  • 2. Budget and Fiscal Policy Issues. Reviewing and making recommendations on budgeting and fiscal policy issues concerning State Government;
  • 3. Actions of Departments and Agencies. Conducting oversight and review of the actions of departments and agencies of State Government;
  • 4. Gubernatorial Appointments. Reviewing and making recommendations on gubernatorial appointments that require legislative confirmation;
  • 5. Other Tasks. Performing other tasks assigned to them, including conducting studies on assigned topics and issuing reports.

There are established 17 joint standing committees, which must be appointed at the commencement of the first regular session and which exercise jurisdiction in specific policy areas.

Rule 302. Membership

Each of the joint standing committees consists of 13 members, 3 from the Senate and 10 from the House of Representatives. The first Senate member named is the Senate chair. The first House member named is the House chair. The Senate chair shall preside and in the Senate chair's absence, the House chair shall preside and, thereafter, as the need may arise, the chair shall alternate between the members from each chamber in the sequence of their appointment to the committee.

Rule 304. Procedures for Public Hearings and Work Sessions

At the beginning of each legislative biennium, the presiding officers shall establish procedures that govern public hearings, work sessions and confirmation hearings.

At public hearings, the chair may limit testimony as necessary for the orderly conduct of the hearing. Members may question witnesses to clarify testimony and to elicit helpful and pertinent information. While aggressive and probing questions may sometimes be appropriate, members shall exhibit respect for the witnesses and for one another.

Rule 306. Quorum

A quorum is 7 members, and a quorum must be present to start a meeting or to take a vote. A quorum is not required to continue a meeting. If a quorum is present, but there is not a Senator among those present, the committee may take a vote only with the authorization of the President of the Senate. For purposes of establishing a quorum, only those members physically present at the meeting may be counted.

Rule 310. Reports of Bills from Committee

2. Committee Reports.

The report of the committee must include a recommendation. Recommendations that may be made are:

  • Ought to Pass
  • Ought to Pass as Amended
  • Ought Not to Pass
  • Refer to Another Committee
  • Leave to Withdraw

When the committee recommendation is not unanimous, a minority report or reports are required.

Subpart B - Special Legislative Committees

Rule 351. Joint Select Committees

A joint select committee consists of 3 Senators and 7 members of the House of Representatives, unless the order creating the committee provides a different number.

Rule 352. Committees of Conference

When the chambers do not agree on an action, a committee of conference is in order. A committee of conference consists of 3 members from each chamber who voted on the prevailing side. The committee report may be either accepted or rejected, but no other action may be had except through another committee of conference.

Rule 353. Legislative Studies

To assist in the exercise of its duties, the Legislature may establish legislative study committees or may alternatively refer matters to joint standing committees or subcommittees of joint standing committees for study. This Joint Rule establishes standards that govern the drafting of legislative study instruments and the authorization of legislative studies.

Subpart C - Legislative Oversight of Government Agencies and Programs

Rule 371. Government Oversight Committee

The Government Oversight Committee is established. The committee consists of 6 members of the Senate and 6 members of the House of Representatives and must be evenly divided between the 2 largest political parties represented in each chamber.

PART 4 - FLOOR ACTION ON LEGISLATION

Rule 401. Printing of Bills

Every bill or resolve submitted by a Legislator must be printed unless withdrawn by the sponsor before printing. After it is printed, a bill or resolve is considered to be in the possession of the Legislature and may not be withdrawn by the sponsor.

Every amendment must be printed and distributed before being taken up in either chamber. Every committee amendment must indicate the committee making the report.

The Secretary of the Senate and the Clerk of the House are responsible for the printing and initial distribution of legislative documents and amendments.

Rule 402. Consideration of Bills

When a bill, resolve, order or memorial passes one chamber, if rejected in the other chamber, it must be returned by the Secretary or the Clerk, as the case may be, for further consideration.

Rule 403. Amendment of Bills

A floor amendment is not in order on any bill or resolve until a favorable report of the committee to which the bill or resolve has been referred has been accepted and the bill or resolve is before the Senate in the 2nd reading or before the House in the 2nd reading.

Rule 404. Rejection of Bills

A bill, resolve, constitutional resolution, resolution, memorial or order that is finally rejected may not be recalled from the legislative files except by joint order approved by a vote of 2/3 of both chambers.

Rule 405. Enactment of Bills

Every bill that has passed both chambers to be enacted and all resolutions having the force of law that have finally passed both chambers must be presented by the Secretary of the Senate to the Governor for approval; and the Secretary of the Senate shall enter on the journal of the Senate the day on which those bills or resolutions are presented to the Governor.

Rule 406. Responsibility for Legislative Papers

All endorsements on papers passing between the 2 chambers must be under the signature of the Secretary of the Senate or the Clerk of the House, respectively; but after the final passage of bills and resolves they must be signed by the presiding officer of each chamber.

When one chamber has passed upon a legislative paper and forwarded it to the other, the receiving chamber shall promptly, upon receipt, place that paper on its calendar.

Rule 407. Joint Conventions

Business may be transacted in convention of the 2 chambers only by unanimous consent of the convention, except for such business as may be agreed upon by the 2 chambers before the convention is formed.

Rule 408. Communications

Whenever a message is sent from the Senate to the House, the chair shall appoint a messenger who, after being recognized, shall announce the message respectfully to the chair.

In a like manner, messages from the House must be communicated to the presiding officer of the Senate.

PART 5 - LEGISLATIVE CONFIRMATIONS

Rule 501. Partisan Staff Assistants for Nominations

The members of the Legislative Council representing each party may, within 7 legislative days after the convening of the first regular session, appoint a partisan staff assistant for nominations. Each of these assistants serves at the pleasure of the appointing authority during the biennium for which the assistant is chosen.

Rule 502. Notice of Gubernatorial Appointments

The procedures for legislative confirmation are established in the Maine Revised Statutes, Title 3, chapter 6. Upon receipt by the President of the Senate, the Speaker of the House and the Legislative Information Office of notification from the Governor of the name of a nominee and of the office to which that person is nominated, the Legislative Information Office shall, without delay, forward that notice and copies of accompanying materials to the chairs of the joint standing committee that is charged by law with reviewing nominations to that office.

Rule 503. Committee Preconference Hearing

The joint standing committee must hold a prehearing conference within 21 days of the notification from the Governor unless the committee decides otherwise. The prehearing conference must be consistent with the Maine Revised Statutes, Title 3, section 156.

Rule 504. Committee Public Hearing

The joint standing committee shall hold a public hearing on the nomination in Augusta at a time convenient to the public within 30 days, or 35 days for judicial officers, from the date of the Governor's notice of the nomination to the President of the Senate and the Speaker of the House. At the hearing, the committee shall take written or oral testimony limited to relevant comments and questions regarding the qualifications of the nominee.

Rule 505. Committee Vote

Within 35 days, or 40 days for judicial officers, from the date of the Governor's notice of the nomination to the President of the Senate and the Speaker of the House, the committee shall recommend confirmation or denial by majority vote of the committee members present and voting. The vote of the committee may be taken only upon an affirmative motion to recommend confirmation of the nominee, and a tie vote of the committee is considered a recommendation of denial.

Rule 506. Senate Vote

Within 45 days, or 50 days for judicial officers, from the date of the Governor's notification of the nomination to the President of the Senate and the Speaker of the House, the Senate shall review the recommendation of the committee on the nomination and, after review, shall vote by the yeas and nays on that recommendation.

After vote by the Senate, the committee's recommendation becomes final action of confirmation or denial unless the Senate by a vote of 2/3 of those members present and voting overrides the committee's recommendation.

Rule 507. Withdrawal of Nomination

If the Governor withdraws a nomination at any time prior to the Senate vote by sending a written notice of withdrawal to the President of the Senate, the Legislature may not take any further action on that nomination.

Rule 508. Nomination Made Within 30 Days of Adjournment

If the Governor posts a nomination within 30 days preceding the statutory date of adjournment, a legislative committee to which a nominee is referred for confirmation review may by 2/3 vote request the President of the Senate and the Speaker of the House to delay this review in order to complete the committee's legislative work.

Joint Standing Committees

Current joint standing committees of the Maine Legislature:

Agriculture, Conservation and Forestry

Code: ACF

Appropriations and Financial Affairs

Code: AFA

Criminal Justice and Public Safety

Code: CJPS

Education and Cultural Affairs

Code: EDU

Energy, Utilities and Technology

Code: EUT

Environment and Natural Resources

Code: ENR

Health and Human Services

Code: HHS

Health Coverage, Insurance and Financial Services

Code: HCIFS

Housing and Economic Development

Code: HED

Inland Fisheries and Wildlife

Code: IFW

Judiciary

Code: JUD

Labor

Code: LAB

Marine Resources

Code: MAR

State and Local Government

Code: SLG

Taxation

Code: TAX

Transportation

Code: TRA

Veterans and Legal Affairs

Code: VLA