Amend the bill by inserting after the title and before the enacting clause the following:
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 1 MRSA §400 is enacted to read:
This subchapter may be known and cited as "the Freedom of Access Act."
Sec. 2. 1 MRSA §402, sub-§3, ¶M, as amended by PL 2005, c. 381, §1, is further amended to read:
M. Records or information describing the architecture, design, access authentication, encryption or security of information technology infrastructure and , systems and software. Records or information covered by this paragraph may be disclosed to the Legislature or, in the case of a political or administrative subdivision, to municipal officials or board members under conditions that protect the information from further disclosure;
Sec. 3. 1 MRSA §402, sub-§§5 and 6 are enacted to read:
Sec. 4. 1 MRSA §408, as amended by PL 2009, c. 240, §4, is repealed.
Sec. 5. 1 MRSA §408-A is enacted to read:
Except as otherwise provided by statute, a person has the right to inspect and copy any public record in accordance with this section within a reasonable time of making the request to inspect or copy the public record.
Sec. 6. 1 MRSA §409, sub-§1, as amended by PL 2009, c. 240, §5, is further amended to read:
Sec. 7. 1 MRSA §412, as amended by PL 2007, c. 576, §2, is further amended to read:
Sec. 8. 1 MRSA §§413 and 414 are enacted to read:
An agency shall consider, in the purchase of and contracting for computer software and other information technology resources, the extent to which the software or technology will:
Sec. 9. 6 MRSA §174, sub-§5, as enacted by PL 2007, c. 563, §1, is amended to read:
Sec. 10. 12 MRSA §8424, sub-§2, as amended by PL 1981, c. 278, §4, is further amended to read:
Sec. 11. 21-A MRSA §22, sub-§3, as amended by PL 2009, c. 564, §1, is further amended to read:
Sec. 12. 21-A MRSA §22, sub-§5, as enacted by PL 2003, c. 584, §1, is amended to read:
Sec. 13. 21-A MRSA §22, sub-§7, as enacted by PL 2011, c. 342, §5, is amended to read:
Sec. 14. 21-A MRSA §1104, as enacted by PL 1989, c. 802, §1, is amended to read:
The commission shall retain for public inspection all completed code forms accepted by the commission under section 1103. A code subscribed to by a candidate is a public record under Title 1, section 408 408-A.
Sec. 15. 25 MRSA §2006, first ¶, as amended by PL 2011, c. 298, §11, is further amended to read:
Notwithstanding Title 1, sections 401 to 410 chapter 13, subchapter 1, all applications for a permit to carry concealed handguns and documents made a part of the application, refusals and any information of record collected by the issuing agency during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 2003 and 2005 are confidential and may not be made available for public inspection or copying. The applicant may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the issuance, refusal or revocation of a permit to carry concealed handguns are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.
Sec. 16. 25 MRSA §2929, sub-§3, as enacted by PL 1997, c. 291, §3, is amended to read:
Sec. 17. 25 MRSA §2957, as repealed and replaced by PL 1999, c. 790, Pt. A, §33, is amended to read:
Notwithstanding any other provisions of law, the investigative records of the agency are confidential and all meetings of the board are subject to Title 1, sections 401 to 410 chapter 13, subchapter 1, except that those meetings may be held in executive session to discuss any case investigations or any disciplinary actions.
Sec. 18. 29-A MRSA §2251, sub-§7, as amended by PL 2011, c. 390, §1, is further amended to read:
Sec. 19. 29-A MRSA §2251, sub-§7-A, ¶C, as enacted by PL 2011, c. 390, §2, is amended to read:
C. The Department of Public Safety, Bureau of State Police may publicly disseminate nonpersonally identifying accident report data that are contained in an accident report database maintained, administered or contributed to by the Bureau of State Police. The cost of furnishing a copy of such data is not subject to the limitations of Title 1, section 408 408-A.
Sec. 20. 32 MRSA §9418, first ¶, as enacted by PL 1987, c. 170, §19, is amended to read:
Notwithstanding Title 1, sections 401 to 410 chapter 13, subchapter 1, all applications for a license to be a contract security company and any documents made a part of the application, refusals and any information of record collected by the commissioner during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 9405 and 9411-A, and all information of record collected by the commissioner during the process of ascertaining whether a natural person meets the requirements of section 9410-A, are confidential and may not be made available for public inspection or copying. The applicant or natural person may waive this confidentiality by written notice to the commissioner. All proceedings relating to the issuance of a license to be a contract security company are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.
Sec. 21. 33 MRSA §651, last ¶, as enacted by PL 2009, c. 575, §1, is amended to read:
Notwithstanding Title 1, section 408, subsection 3 408-A, this chapter governs fees for copying records maintained under this chapter.
Sec. 22. 34-A MRSA §1216, sub-§1, as amended by PL 2005, c. 487, §§2 to 4, is further amended to read:
Sec. 23. 35-A MRSA §6410, sub-§5, as enacted by PL 1995, c. 616, §10, is amended to read:
Sec. 24. 38 MRSA §640, sub-§4, as enacted by PL 1989, c. 453, §2, is amended to read:
Sec. 25. Appropriations and allocations. The following appropriations and allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Provides funds for one Assistant Attorney General position to serve as a Public Access Ombudsman.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
1.000 |
Personal Services
|
$0 |
$75,420 |
All Other
|
$0 |
$5,178 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
$80,598 |
’
This amendment is the majority report of the Joint Standing Committee on Judiciary. It replaces the bill.
The amendment titles the Maine Revised Statutes, Title 1, chapter 13, subchapter 1 "the Freedom of Access Act."
The amendment adds software to the description of information technology elements that are excepted from the definition of "public records" to clarify that proprietary information, technology infrastructure, systems and software used by governmental entities are not public records.
The amendment repeals and replaces the current section of law that lays out the process and fees concerning inspecting and copying public records, although much of the current language is retained. It allows inspection and copying of public records during reasonable office hours. The reasonable office hours must be posted. It requires the agency or official, when acknowledging the receipt of a request for public records, to provide a good faith estimate of when the response to the request will be complete. Although the time estimate is not binding, the agency or official must make a good faith effort to meet that time target.
The agency or official may not charge for inspection unless the requested public record is such that it cannot be inspected without being compiled or converted. If the agency or official must compile the record for inspection, then the agency or official may charge $15 per hour, after the first hour, for the time it takes to enable inspection. If the agency or official must convert a public record into a form susceptible of visual or aural comprehension or into a usable format, the agency or official may charge for the actual cost to perform the conversion. The amendment increases the per hour cost for compiling a record from $10 to $15, after the first hour.
The amendment clarifies that a request for a public record does not have to be made in writing or in person. The amendment provides that an agency or official is not required to create a record that does not exist in response to a request for a public record.
The amendment clarifies that an agency or official is not required to provide a requester with access to a computer terminal.
The amendment requires an agency or official to provide access to an electronically stored public record either as a printed document of the public record or in the medium in which the record is stored, at the requester's option, except that the agency or official is not required to provide access to an electronically stored public record as a computer file if the agency or official does not have the ability to separate or prevent the disclosure of confidential information contained in or associated with that file.
The amendment creates the position of public access officer and requires each state agency, county, municipality, school administrative unit and regional or other political subdivision to designate an existing employee to serve in that capacity as a resource for freedom of access questions. Requests for public records do not have to be made to the public access officer. The public access officer must undergo the same freedom of access training as elected officials.
The amendment requires government agencies, when making purchases of or contracting for computer software and other information technology resources, to consider maximizing public access to public records, as well as maximizing the exportability of public records while protecting confidential information.
The amendment includes funding for a full-time Assistant Attorney General to serve as a Public Access Ombudsman in the Office of the Attorney General.
The amendment updates cross-references.
The amendment adds an appropriations and allocations section.