Conflicts between P.L. 1979, c. 434 and P.L. 1979, c. 479

# MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) **This document is from the files of the Office of the Maine Attorney General as transferred to the Maine State Law and Legislative Reference Library on January 19, 2022** RICHARD S. COHEN ATTORNEY GENERAL 79-154 STEPHEN L. DIAMOND JOHN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, MAINE 04333 August 6, 1979 TO: James Henderson, Deputy Secretary of State FROM: Steven Wright, Assistant Attorney General Re: Conflicts between P.L. 1979, c. 434 and P.L. 1979, c. 479 On June 14, 1979, the Governor approved P.L. 1979, c. 434, "AN ACT to Clarify the Requirements Relating to Campaign Reports and Finances." Section 5 of this bill amended 21 MRSA §1397, sub-§7, first sentence, by adding to that sentence language requiring the Secretary of State to send duplicate campaign finance report forms to each candidate. Section 6 appropriated for the Department of Secretary of State a total of $421 for fiscal years 1979-80 and 1980-81 to defray the cost of mailing. On June 20, 1979, the Governor approved P.L. 1979, c. 479, "AN ACT to Amend the Campaign Finance Law." Section 2 of this bill amended 21 MRSA §1397, sub-§7, first sentence (without reference to P.L. 1979, c. 434) by adding to that sentence language requiring the Commission on Governmental Ethics and Election Practices to send campaign finance report forms to candidates at least 7 days prior to the filing date for the report. Section 3 adds a new sentence at the end of this subsection which provides that failure to receive the reports mailed out by the Commission does not excuse anyone from filing. P.L. 1979, c. 479 carries no appropriation. Both of these acts are effective September 14, 1979, 90 days after the recess of the Legislature which enacted them. Your question is whether the Secretary of State or the Commission on Governmental Ethics and Election Practices will have the statutory obligation of mailing out campaign finance report forms. We answer that this responsibility falls to the Commission. P.L. 1979, c. 479, §2 impliedly repeals P.L. 1979, c. 434, §5 to the extent that the two provisions are inconsistent and cannot stand together. -2- While there is a presumption against implied repeals,¹ if two statutory provisions are enacted by the same legislative session and have the same effective date and are irreconcilable, then the provision that was enacted later in time prevails.² Although P.L. 1979, c. 479 does not refer to P.L. 1979, c. 434, the Legislature is presumed to have full knowledge of the body of law with which it deals at any given point.³ Thus, legislation enacted later that is inconsistent with that enacted earlier will prevail over the earlier legislation if the two cannot be given a reasonable construction allowing both to stand together. If you have any further questions on this matter, please feel free to contact me. Steven F. Wright Assistant Attorney General ¹¹A Sutherland, Statutory Construction §§23.09, 23.10 (4th ed. 1974); State v. London, 56 Me. 123, 162 A 2d 150 (1960). ²Sutherland, supra, §23.17. ³Finks v. Maine State Highway Commission (1974) Me., 328 A 2d 791.