An Act To Implement Recommendations of the Right To Know Advisory Committee
Sec. A-1. 1 MRSA §411, sub-§2, ¶¶L and M, as enacted by PL 2005, c. 631, §1, are amended to read:
Sec. A-2. 1 MRSA §411, sub-§2, ¶N is enacted to read:
Sec. B-1. 5 MRSA §200-I, sub-§5, as enacted by PL 2007, c. 603, §1, is amended to read:
(1) State agencies;
(2) County agencies;
(3) Regional agencies;
(4) Municipal agencies;
(5) School administrative units; and
(6) Other public entities;
Sec. C-1. 22 MRSA c. 271, sub-c. 2, as amended, is repealed.
Sec. C-2. 26 MRSA §3, as amended by PL 2011, c. 655, Pt. DD, §10 and affected by §24, is repealed and the following enacted in its place:
§ 3. Confidentiality of records
Sec. C-3. 26 MRSA §934, 4th ¶, as enacted by PL 1985, c. 294, §§2 and 3, is amended to read:
The board shall hear all interested persons who come before it, advise the respective parties what ought to be done by either or both to adjust the controversy, and shall make a confidential written report to the Governor and the Executive Director of the Maine Labor Relations Board. The Governor or executive director may shall make the report public if, after 15 days from the date of its receipt, the parties have not resolved the controversy and the public interest would be served by publication. In addition, either the Governor or the executive director may refer the report and recommendations of the board to the Attorney General or other department for appropriate action when it appears that any of the laws of this State may have been violated.
Sec. C-4. 29-A MRSA §152, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. C-5. 29-A MRSA §257, as enacted by PL 2003, c. 434, §6 and affected by §37, is repealed.
Sec. C-6. 29-A MRSA §517, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Upon receipt of a written request by an appropriate criminal justice official showing cause that it is in the best interest of public safety, the Secretary of State may determine that records of a nongovernment vehicle may be held confidential for a specific period of time, which may not exceed the expiration of the current registration.
Sec. C-7. 35-A MRSA §8703, sub-§5, as enacted by PL 1989, c. 851, §7, is amended to read:
Sec. C-8. 38 MRSA §414, sub-§6, as amended by PL 1997, c. 794, Pt. A, §20, is further amended to read:
Sec. C-9. 38 MRSA §585-B, sub-§6, as amended by PL 2009, c. 535, §2, is further amended to read:
The department may keep information submitted to the department under this subsection confidential as provided under section 1310-B.
The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than March 1, 2009 summarizing the mercury emissions and mercury reduction potential from those emission sources subject to this subsection. In addition, the department shall include an evaluation of the appropriateness of the 25-pound mercury standard established in subsection 5. The evaluation must address, but is not limited to, the technological feasibility, cost and schedule of achieving the standards established in subsection 5. The department shall submit an updated report to the committee by March 1, 2013. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out to the 126th Legislature a bill relating to the evaluation and the updated report.
Sec. C-10. 38 MRSA §585-C, sub-§2, ¶D, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §160, is repealed.
Sec. C-11. 38 MRSA §1310-B, sub-§2, as repealed and replaced by PL 2011, c. 420, Pt. A, §35 and amended by c. 657, Pt. W, §5, is amended to read:
Sec. D-1. 1 MRSA §433, sub-§2, as enacted by PL 2005, c. 631, §5, is repealed.
Sec. D-2. 1 MRSA §433, sub-§2-A is enacted to read:
(1) Title 1;
(2) Title 2;
(3) Title 3;
(4) Title 4;
(5) Title 5;
(6) Title 6;
(7) Title 7; and
(8) Title 7-A;
(1) Title 8;
(2) Title 9-A;
(3) Title 9-B;
(4) Title 10;
(5) Title 11; and
(6) Title 12;
(1) Title 13;
(2) Title 13-B;
(3) Title 13-C;
(4) Title 14;
(5) Title 15;
(6) Title 16;
(7) Title 17;
(8) Title 17-A;
(9) Title 18-A;
(10) Title 18-B;
(11) Title 19-A;
(12) Title 20-A; and
(13) Title 21-A;
(1) Title 22;
(2) Title 22-A;
(3) Title 23;
(4) Title 24; and
(5) Title 24-A;
(1) Title 25;
(2) Title 26;
(3) Title 27;
(4) Title 28-A;
(5) Title 29-A;
(6) Title 30;
(7) Title 30-A;
(8) Title 31; and
(9) Title 32; and
(1) Title 33;
(2) Title 34-A;
(3) Title 34-B;
(4) Title 35-A;
(5) Title 36;
(6) Title 37-B;
(7) Title 38; and
(8) Title 39-A.
Sec. D-3. 1 MRSA §433, sub-§3, as enacted by PL 2005, c. 631, §5, is amended to read:
This bill contains recommendations of the Right To Know Advisory Committee included in its ninth annual report.
Part A adds one additional member to the Right To Know Advisory Committee, to be appointed by the Governor. The new position will bring information technology expertise to the advisory committee.
Current law requires the Public Access Ombudsman within the Department of the Attorney General to submit an annual report to the Right To Know Advisory Committee and the Legislature by March 15th of each year. Part B changes the reporting date to January 15th of each year, which is the same date by which the Right To Know Advisory Committee is required to submit its annual report.
Part C implements the recommendations of the Right To Know Advisory Committee relating to existing public records exceptions in the Maine Revised Statutes, Title 22 and Titles 26 to 39-A.
Section 1 repeals the Community Right-to-Know Act, a program within the Department of Health and Human Services intended to provide disclosure of information about hazardous substances in the community that has never been implemented.
Section 2 makes clear that reports of final bureau action are public records, removing the language in current law that gives the Director of the Bureau of Labor Standards the discretion to release reports.
Section 3 clarifies that a report of the State Board of Arbitration and Conciliation in a labor dispute must be released 15 days after its receipt by the Governor and Executive Director of the Maine Labor Relations Board if the conciliation process is not successful.
Section 4 removes language authorizing the Secretary of State to adopt rules relating to maintenance and use of data processing files concerning motor vehicles as the confidentiality of personal information is already protected under federal law.
Section 5 repeals a provision of law relating to the Secretary of State's motor vehicle information technology system because the confidentiality of the system is already addressed in another provision of law.
Section 6 removes language that is addressed in another section of law.
Section 7 clarifies that it is the responsibility of the providers of telecommunications relay services to keep relay service communications confidential.
Section 8 adds a cross-reference to the definition of "trade secret."
Section 9 removes language making mercury reduction plans for air emission sources emitting mercury confidential.
Section 10 repeals a provision of law making hazardous air pollutant emissions inventory information confidential, and section 11 corrects a cross-reference to that provision.
Part D repeals the public records exceptions review schedule that was completed in 2014 and replaces it with a new review schedule. The Right To Know Advisory Committee will review public records exceptions enacted after 2004 but before 2013 and report its recommendations to the joint standing committee of the Legislature having jurisdiction over judiciary matters over the course of 2 years, with the final review by the joint standing committee completed no later than 2017. The advisory committee will then begin to review all the public records exceptions codified in the statutes over a 12-year period.