HP1331
LD 1805
Second Regular Session - 125th Maine Legislature
C "A", Filing Number H-882, Sponsored by
LR 2687
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 1 MRSA §402, sub-§1-B  is enacted to read:

1-B Internal staff of the Governor.   "Internal staff of the Governor" means the Governor's chief of staff, legal counsel, director of policy and employees under their direct supervision. "Internal staff of the Governor" does not include any other person employed in any other executive agency, including those designated by state law as housed in or transferred to the Office of the Governor. This subsection is repealed December 31, 2013.

Sec. 2. 1 MRSA §402, sub-§3, ¶C-2  is enacted to read:

C-2 Records relating to the deliberative process of the Governor, until:

(1) The records are made available to any person or agency outside the internal staff of the Governor;

(2) The records are publicly distributed in accordance with legislative rules;

(3) Adjournment of the session of the Legislature for which the records were prepared occurs; or

(4) Six months from the creation of the records has passed.

This paragraph is repealed December 31, 2013;

Sec. 3. 1 MRSA §402, sub-§5  is enacted to read:

5 Records relating to the deliberative process of the Governor.   "Records relating to the deliberative process of the Governor" means all records containing predecisional advice, opinions, deliberations or recommendations created by the Governor or the internal staff of the Governor, maintained within the exclusive custody and control of the Governor or the internal staff of the Governor and in which the subject matter of the decision or policy under consideration requires legislative action or records concerning budgeting proposals or requests. This subsection is repealed December 31, 2013.

summary

This amendment is the majority report of the Joint Standing Committee on Judiciary. It replaces the bill. It provides a temporary public records exception for records relating to the deliberative process of the Governor for legislative proposals and budgeting proposals and requests.

"Records relating to the deliberative process of the Governor" is defined to mean all records containing predecisional advice, opinions, deliberations or recommendations created by the Governor or the internal staff of the Governor and maintained within the exclusive custody and control of the Governor or the internal staff of the Governor. The internal staff of the Governor consists of the chief of staff, legal counsel, director of policy and employees under their direct supervision. The records become public when the first of the following occurs:

1. The records are made available to any person or agency outside the internal staff of the Governor;

2. The records are publicly distributed in accordance with legislative rules;

3. Adjournment of the Legislature for which the records were prepared occurs; or

4. Six months from the creation of the records has passed.

This amendment provides that the public records exception for the records relating to the deliberative process of the Governor is repealed December 31, 2013.


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