LD 1957
pg. 7
Page 6 of 13 An Act To Implement the Recommendations of the Committee To Study Compliance wi... Page 8 of 13
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LR 2823
Item 1

 
unless review and evaluation pursuant to subsection 2 have been
completed.

 
2. Review and evaluation.__ Upon referral of a proposed public
records exception from the joint standing committee of the
Legislature having jurisdiction over the proposal, the review
committee shall conduct a review and evaluation of the proposal
and shall report in a timely manner to the committee to which the
proposal was referred.__The review committee shall use the
following criteria to determine whether the proposed exception
should be enacted:

 
A.__Whether a record protected by the proposed exception
needs to be collected and maintained;

 
B.__The value to the agency or official or to the public in
maintaining a record protected by the proposed exception;

 
C.__Whether federal law requires a record covered by the
proposed exception to be confidential;

 
D.__Whether the proposed exception protects an individual's
privacy interest and, if so, whether that interest
substantially outweighs the public interest in the
disclosure of records;

 
E.__Whether public disclosure puts a business at a
competitive disadvantage and, if so, whether that business's
interest substantially outweighs the public interest in the
disclosure of records;

 
F.__Whether public disclosure compromises the position of a
public body in negotiations and, if so, whether that public
body's interest substantially outweighs the public interest
in the disclosure of records;

 
G.__Whether public disclosure jeopardizes the safety of a
member of the public or the public in general and, if so,
whether that safety interest substantially outweighs the
public interest in the disclosure of records;

 
H.__Whether the proposed exception is as narrowly tailored
as possible; and

 
I.__Any other criteria that assist the review committee in
determining the value of the proposed exception as compared
to the public's interest in the record protected by the
proposed exception.


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