Compiling a Maine Legislative History
Before you begin to compile the legislative history of a Maine law, check to see whether the Maine State Law and Legislative Library (207-287-1600) has already compiled one. A list of compiled legislative histories is available at http://www.state.me.us/legis/lawlib/legishy.htm. These histories are listed in the Ursus catalog (http://130.111.64.3) and can be borrowed.
If no legislative history is available, complete the following steps to compile your own:
1.
Identify
and locate the statute you need to research in the Maine Revised Statutes.
2. Find the derivation of the statute.
3. Look up the session law in the appropriate
volume of the Laws of Maine to verify
the language of the statute.
4. Identify the L.D. number (legislative document
number) for your session law.
5. Locate your L.D. in the bound legislative
documents volumes.
6. Find any amendments proposed for your L.D.
7. Read the Statement of Fact or Summary at
the end of your L.D.
8. Locate the record of House and Senate proceedings
in the Maine Legislative Record.
9. Check the Maine Legislative Record
for any references to the preparation of a
STUDY REPORT for your L.D.
10. Some additional options.
If you have questions about compiling a Maine legislative history, ask a
reference librarian, call the reference desk at the Garbrecht library (207-780-4351),
or send e-mail to lawref@usm.maine.edu.
1. Identify
and locate the statute you need to research in the Maine Revised Statutes:
|
|
Note: Maine statutes are now available on the world wide web at the following address: http://janus.state.me.us/legis/statutes/homepage.htm.
2. Look
at the end of the section to find the derivation of the statute:
| Section
1131. Limitation on requests for certain types of identification
No person accepting a negotiable instrument as payment in full or in part for goods or services may require the payor to use a bank credit card as a form of identification if the payor does not possess a bank credit card. This section does not limit the other reasonable forms of identification a payee may require before accepting a negotiable instrument. 1987, c. 244. |
The derivation statement (e.g., 1987, c. 244), which appears in both the print and web version of the Maine Statutes, refers to the year and chapter of the law in the Laws of Maine (Maine session laws).
|
CHAPTER 244 S.P. 274 --- L.D. 784 AN ACT Relating to Check Cashing. Be it enacted by the People of the State of Maine as follows: 10 MRSA c. 202-A is enacted to read:
CHAPTER 202-A Section 1131. Limitation on requests for certain types of identification No
person accepting a negotiable instrument as payment in full or in part
for goods Effective September 29, 1987. |
4. Identify the L.D. Number (legislative document number; e.g., L.D. 784) for your session law. There are several ways to do this:
a. Current
bills:
For the current legislative session, bill texts including amendments are available
online at http://janus.state.me.us/legis/bills/.
The L.D. Number appears with the Bill Text.
b. 1977-present:
The L.D. Number is published in the session laws (Laws of Maine) at the beginning
of each law. You will also find a Senate or House paper number (SP or H.P.).
c. 1965-1976:
Use the Maine Tables that convert chapter numbers (session law references) to
L.D. numbers.
d. Laws
enacted prior to 1965:
Call the Maine State Law and Legislative Library (207-287-1600). This is the
only law library in the state with a complete collection of legislative history
documents. The Law School Library has a complete collection from 1965 to the
present. Be prepared to give the librarians at the State Law and Legislative
Library a subject to search for; the subject index is the only access to the
L.D. Numbers prior to 1965.
ANOTHER OPTION
Use the
Maine Legislative Documents and Papers: History and Final Disposition
pamphlet for the appropriate legislative session. Use the subject index or the
Public Law Chapter Number list to find L.D. summaries on your topic. When using
the subject index, check each L.D. summary until you find one that was enacted
with your chapter number:
| LD
784 SP0274
AN
ACT Relating to Check Cashing. Presented by Sen. Bustin of Kennebec;
Co-sponsored by Sen. Andrews of Cumberland, Rep. Rydell of Brunswick,
and Rep. Carroll of Gray. Banking and Insurance Hearing 04/21/87. OTP-AM
|
This option can be used for legislative sessions from 1965 to the present. The Maine Legislative Documents and Papers: History and Final Disposition pamphlets from 1977 forward are shelved next to the legislative documents volumes. Earlier pamphlets are bound with the legislative documents or bound together in a separate index volume (1957-1973). History and disposition information from the 118th and 119th Legislatures is available online at http://janus.state.me.us/legis/lio/history.htm.
Bill summaries, arranged by committee and by subject matter, are available online for the last few Maine legislative sessions at http://www.state.me.us/legis/opla/billsumm.htm. Bill summaries describe each bill (LD), primary sponsor(s), committee amendments and other relevant amendments, final action taken on the bill, and, if the bill was enacted, its chaptered law number.
| L.D.
784, 1987, appears in Maine Legislative Documents for the 113th Legislature,
1st Regular Session, Dec. 3 - June 30, 1986-1987, vol. 6, L.D. 676-811 |
6. Find any amendments proposed for your L.D. Often these can be helpful in interpreting the language in question.
a. Before
1990:
Committee Amendments appear on Pink pages in the bound legislative documents
volumes; House Amendments appear on Blue pages; Senate Amendments appear on
Yellow pages
b. 1990-1991:
Original legislation and amendments are on white pages, but amendments are stamped
in color, using the same color scheme as in earlier years: Committee Amendments
are stamped in Pink;
House Amendments in Blue;
Senate Amendments in Yellow
c. 1992-present:
All amendments are stamped in BOLD BLACK TYPE at the bottom of
the amendment page
Note: Amendments are bound with the legislative documents beginning in 1979. For amendments prior to 1979, contact the State Law Library (207-287-1600).
No color
coding is used for online bill texts at the Maine State Legislature web site
http://janus.state.me.us/legis/bills/billtexts/.
However, amendments are identified by C, H, or S as Committee, House or Senate
amendments.
| A Committee Amendment to L.D. 784, 1987, added the language "if the payor does not possess a bank credit card" at the end of the first sentence. |
7. Read
the Statement of Fact or Summary at the end of your L.D. This statement
is written by the sponsor of the bill and often can assist in interpreting the
law. A Statement of Fact or Summary has been appended to every L.D. since 1971
and to every amendment since 1979.
8. Locate the record of House and Senate proceedings in the Maine Legislative Record. This publication includes a transcript of any debate on the floor of the Legislature as well as all administrative actions taken by members of the legislature. To find proceedings for your L.D.:
a. Laws
enacted in the current legislative session:
The Legislative Record is issued in advance sheet format without any indexing.
To find the dates on which your L.D. was considered, call the Maine Legislative
Information Office (207-287-1692). Ask for dates of consideration for your L.D.
Number The Weekly Legislative Report, available online at http://janus.state.me.us/house/wlr_list.htm,
provides the dates on which laws have been enacted in the current legislative
session. However, no topical index is available.
b. Laws
enacted in the last few legislative sessions:
The Maine Legislative Record for the 119th Legislature is available online at
http://janus.state.me.us/senate/Records/record119th.htm
for the Senate and
http://janus.state.me.us/house/hrecindx.htm
for the House.
House and Senate Legislative Records for the 118th Legislature are available
online at ftp://ftp.state.me.us/pub/legis/senate/homepage.htm.
Senate and House records are arranged by date. Usually the State Law Library (207-287-1600) will have some sort of interim indexing. Be prepared to give them the legislative session number (e.g., 119th), an L.D. Number and a House or Senate paper number (H.P. or SP).
c. Prior
legislative sessions:
The Legislative Record is reissued in bound volumes. They include a compiled
index which allows access by subject, sponsor and sometimes by L.D. Number
| The
index for 1987, the 113th Legislature, First Regular Session, provides
entries concerning the Act Relating to Check Cashing under the L.D. Number (L.D. 784), under the subject heading Checks, Identification, and under the name of the act's sponsor, Senator Beverly Bustin. |
9. Check
the Maine Legislative Record for any references to the preparation of a STUDY
REPORT for your L.D. (Do not be confused by references to reporting out
of committee, etc.) If you do find a reference to a STUDY REPORT, use the URSUS
catalog to locate a call number for the report. The reports are arranged by
legislative session and committee.
|
|
10. Transcripts of committee hearings are not available. However you may want to pursue any of the following options:
a. Talk to the committee assistant or committee members.
b. Call the State Law and Legislative Library (207-287-1600) and ask about committee master files and newspaper clippings on your L.D. The library maintains a committee master file for most bills from 1983 forward. These files include written testimony from public hearings, fiscal notes, committee notes, and, sometimes, an analysis by committee staff. The library maintains a file of newspaper coverage of all legislative issues.
c. Check the Maine Attorney General Opinions for information about your L.D. The only print index to the opinions was published in 1975. However, the opinions are available on LEXIS and Westlaw.
d. If your statutory section is part of a Uniform Law, consult the Uniform Laws Annotated for commentary.
Return
to the top
Updated: May 18, 2000