LD 2111
pg. 6
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LR 3212
Item 1

 
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for review should be repealed, modified or remain unchanged: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;

 
C. Whether federal law requires a record to be
confidential;

 
D. Whether the 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 exception is as narrowly tailored as
possible; and

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


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