A basic principle of our representative form of government is the coequal position of the three branches of government—the
legislative, the executive and the judicial. Although the separation of powers among the branches is not absolute,
the fundamental function of the legislative branch is to consider, debate and establish public policy, provide
the means and resources for its implementation and review its administration.
1. Membership
The Constitution of Maine states that the Maine Legislature must consist of two sepa-rate houses or chambers:
the Senate and the House of Representatives. The Constitution further provides that the House consist of 151 members
and that the Senate consist of an odd number of members, not less than 31 nor more than 35. The Senate currently
consists of 35 members. The presiding officer of the House is the Speaker of the House, who is elected by the
members of the House. The presiding officer of the Senate is the President of the Senate, who is elected by the
members of the Senate.
In addition to its 151 members, the House seats two tribal representatives. The Pas-samaquoddy Tribe and the
Penobscot Nation each elect a representative to serve in the House. Under the House Rules, the Speaker may grant
the Passamaquoddy Tribal Representative and the Penobscot Nation Representative the privilege of speaking on pending
legislation and other rights and privileges as approved by vote of the House of Representatives. These Indian
representatives may sponsor and cosponsor legislation relating to Indians and Indian land claims and expressions
of legislative sentiment. They are also entitled to sit as nonvoting members of joint standing committees during
com-mittee hearings and deliberations.
2. Terms
Under the Constitution, the legislative term of office is two years. Maine law prohibits legislators from serving
more than four consecutive terms in either the House or the Senate. The law applies to terms beginning on or after
December 3, 1996.
Maine law also limits the number of terms the presiding officers and floor leaders of both chambers may serve.
The law limits the President of the Senate, the Speaker of the House and House and Senate party floor leaders
and assistant party floor leaders to no more than three consecutive legislative bienniums in office.
3. Sessions
The Constitution of Maine establishes the legislative biennium and directs the Legisla-ture to convene in regular
session on the first Wednesday in December in the first year of the biennium and on the first Wednesday after the
first Tuesday of January in the second year. The Legislature, by law and rule, has prescribed limits on the length
of the legislative sessions and other necessary procedural requirements. Title 3, section 2 requires that the
First Regular Session adjourn no later than the third Wednesday in June, and that the Second Regular Session adjourn
no later than the third Wednesday in April. The statute authorizes limited extensions, including a one-day ‘Veto
Day” for the Legislature to deal with any bills the Governor may have vetoed after the Legislature completed its
work. The Legislature may meet in special session if called in by the Governor or if called in by the presiding
officers with the consent of a majority of the members in each party. There is no statutory limit on the length
of a special session.
4. Legislators’ Role and Responsibilities
A legislator is expected to become expert in a number of complex subject areas and familiar with a vast array
of issues raised by pending legislation. A legislator’s duties also involve examination and analysis of the State’s
budget, constituent work, oversight of public agencies, analysis of government programs, review of major agency
rules and review of gubernatorial appointments.
Most legislators are assigned to one or more joint standing committees, which are responsible for analyzing and
making recommendations on bills, making periodic evaluations of agency performance and structure, reviewing major
agency rules and reviewing certain gubernatorial appointments. Generally, a committee holds a public hearing on
each bill referred to it. Committee work sessions are held after the hearing, and committee members vote on each
bill. The vote on a bill is a recommendation for final action that is reported to the full Legislature for consideration.
Legislative staff offices provide legislators and committees with assistance in analyzing the bills and the potential
policy, legal and fiscal implications of enactment.
Many legislators also serve on com-missions and study groups that are established to examine current issues in
depth. For example, school violence, telecommunications equipment for people with disabilities and financing of
long-term care facilities are issues that have been or are currently being examined by study groups. Typically,
such studies are conducted during the interim between regular sessions and the results are reported to the following
session.
5. Legislative Rules and Limits
In order to encourage the prompt and efficient execution of legislative duties, legisla-tors are subject to rules
governing procedure and etiquette. These rules are formally adopted at the convening of each new Legislature.
The presiding officers of each chamber establish re-quirements to ensure decorum and order. At the outset of
each biennium, the President and the Speaker explain the policies of their respective chambers on such matters
as attire, conversations during floor debate and the manner in which legislators address each other. State laws
also govern a legislator’s relationships with the public and lobbyists and a legislator's activities relating to
personal financial interests.