LD 2111
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Page 4 of 11 An Act To Implement the Recommendations of the Freedom of Access Advisory Commi... Page 6 of 11
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LR 3212
Item 1

 
the Legislative Council staff support is not authorized when the
Legislature is in regular or special session. In addition, the
advisory committee may contract for administrative, professional
and clerical services if funding permits.

 
10.__Report.__By January 15, 2007 and at least annually
thereafter, the advisory committee shall report to the Governor,
the Legislative Council, the joint standing committee of the
Legislature having jurisdiction over judiciary matters and the
Chief Justice of the Supreme Judicial Court about the state of
the freedom of access laws and the public's access to public
proceedings and records.

 
Sec. 2. 1 MRSA §431, sub-§3 is enacted to read:

 
3.__Advisory committee.__"Advisory committee" means the Right
To Know Advisory Committee established in Title 5, section 12004-
J, subsection 14 and described in section 411.

 
Sec. 3. 1 MRSA §432, as enacted by PL 2003, c. 709, §3, is amended
to read:

 
§432. Exceptions to public records; review

 
1. Recommendations. During the second regular session of
each Legislature, the review committee shall may report out
legislation containing its recommendations concerning the repeal,
modification and continuation of public records exceptions and
any recommendations concerning the exception review process.
Before reporting out legislation, the review committee shall
notify the appropriate committees of jurisdiction concerning
public hearings and work sessions and shall allow members of the
appropriate committees of jurisdiction to participate in work
sessions.

 
2. Process of evaluation. According to the schedule in
section 434 433, the review advisory committee shall evaluate
each public records exception that is scheduled for review that
biennium. This section does not prohibit the evaluation of a
public record exception by either the advisory committee or the
review committee at a time other than that listed in section 433.
The review committee shall use the following criteria to
determine apply in determining whether each exception scheduled
for review should be repealed, modified or remain unchanged:

 
A. Whether a record protected by the exception still 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 exception;


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