| HP1579 LD 2212 |
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 3448 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill by striking out all of section 2.
Amend the bill by inserting after section 4 the following:
‘Sec. 5. 5 MRSA §1976, sub-§2, as enacted by PL 2001, c. 388, §14, is amended to read:
Amend the bill by inserting after section 7 the following:
‘Sec. 8. 7 MRSA §607, sub-§5-A, as enacted by PL 2005, c. 620, §6, is amended to read:
Amend the bill by striking out all of section 10 and inserting the following:
‘Sec. 10. 9-B MRSA §226, sub-§1, as enacted by PL 1975, c. 500, §1, is amended to read:
Sec. 11. 9-B MRSA §226, sub-§3, ¶F, as amended by PL 1995, c. 628, §14, is further amended to read:
Sec. 12. 9-B MRSA §226, sub-§4, as enacted by PL 1975, c. 500, §1, is repealed and the following enacted in its place:
Sec. 13. 20-A MRSA c. 304-A is enacted to read:
CHAPTER 304-A
BAXTER COMPENSATION AUTHORITY RECORDS
§ 7451. Baxter Compensation Authority records confidential
All information other than that described in paragraphs A to D supporting or corroborating a claim continues to be confidential until those records are destroyed. This confidential information may be released only to the Attorney General, the Governor and the chairs of the joint standing committee of the Legislature having jurisdiction over judiciary matters and remains confidential in their custody.
Sec. 14. Retroactivity. That section of this Act that enacts the Maine Revised Statutes, Title 20-A, chapter 304-A applies retroactively to July 1, 2007.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment deletes the section of the bill that directs the Joint Standing Committee on Judiciary to review specific public records exceptions and report by December 1, 2008 with recommendations. The committee completed the review and includes the recommendations in this amendment.
This amendment revises the law governing documents created or stored on a State Government computer to clarify that such documents must be made available in accordance with the freedom of access laws. This clarifies that documents created or stored on a State Government computer are public records if they meet the definition of "public record" contained in the Maine Revised Statutes, Title 1, chapter 13.
This amendment narrows the confidentiality of pesticide test results requested by the Board of Pesticides Control to that information that has been determined to be confidential by the Administrator of the United States Environmental Protection Agency in accordance with federal law.
This amendment includes language to continue the confidentiality of records of the former Baxter Compensation Authority consistent with the Baxter Compensation Authority statutes that were repealed upon the termination of the program. That provision is retroactive to the date the Baxter Compensation Authority statutes were repealed to ensure the continuity of protection of the records. The information may be released to the Attorney General, the Governor and the chairs of the joint standing committee of the Legislature having jurisdiction over judiciary matters and must remain confidential in their custody.
This amendment reverses the presumption that information derived by or communicated to the Bureau of Financial Institutions may not be disclosed to the public. This amendment provides that specific categories of information are confidential and may not be disclosed or made public. The existing exceptions to the prohibition on disclosure are retained. The penalty for disclosure in violation of the statute is updated, and the culpable mental state of "intentionally or knowingly" is added.