LD 509
pg. 41
Page 40 of 183 An Act To Adopt the Maine Uniform Securities Act Page 42 of 183
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LR 441
Item 1

 
amendments to statutes and rules referenced in enacted legislation
to become automatically effective. In those states the final
bracketed language in this Section should be included in the Act.

 
3. In those states which do not permit automatic
effectiveness of later amendments and that follow Section 12(d)
of the Uniform Statute and Rule Construction Act, this problem
has been addressed by either giving the administrator the power
to update by rule or the duty to notify the legislature when
amendment is necessary. When the legislature notification
approach is adopted, to prevent a gap period, the administrator
might be given the power to act by rule until the legislature has
acted.

 
4. After enactment, amendments to a preemptive federal
statute, to rules adopted by a federal agency under a preemptive
provision of a federal statute, or to amendments to such rules
should be enforced in all states under the Supremacy Clause of
the United States Constitution. A number of such references are
in this Act.

 
Maine Comments

 
1. Maine courts have held that it is unconstitutional for the
Legislature, when incorporating federal laws and standards into
state legislation, to incorporate any future Congressional
revisions or amendments to those federal laws and standards. By
citing the federal acts, and rules and regulations adopted under
them, "as amended," the intent is to include the version of the
act and those amendments existing at the time this Act is
enacted. It is also the intent of the administrator to notify
the Legislature when amendments are necessary to conform
provisions of this Act to revised or amended provisions of
relevant federal laws.

 
§16104.__References to federal agencies

 
A reference in this chapter to an agency or department of the
United States is also a reference to a successor agency or
department.

 
Official Comment

 
No Prior Provision.

 
§16105.__Electronic records and signatures


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