|
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. |
|
| | 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. |
|
| §16105.__Electronic records and signatures |
|
|