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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 176
H.P. 1071 - L.D. 1466

An Act To Relocate the Prohibition of Use of State Government Computer Systems for Political Purposes to the Election Laws

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §1972, sub-§5, as enacted by PL 2001, c. 388, §14, is repealed.

     Sec. 2. 5 MRSA §1976, as enacted by PL 2001, c. 388, §14, is amended to read:

§1976. Use of State Government computer system

     1. Confidentiality. Computer programs, technical data, logic diagrams and source code related to data processing or telecommunications are confidential and are not public records, as defined in Title 1, section 402, subsection 3, to the extent of the identi-fied trade secrets. To qualify for confidentiality under this subsection, computer programs, technical data, logic diagrams and source code must:

     2. Public records. Except as provided in subsection 1, any document created or stored on a State Government computer is a public record and must be made available in accordance with Title 1, chapter 13 unless specifically exempted by that chapter.

     3. Violation. A person is guilty of misuse of a State Government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:

     4. Penalty. Misuse of a State Government computer system is a Class C crime.

     Sec. 3. 21-A MRSA §32, sub-§3 is enacted to read:

     3. Class C crime. A person commits a Class C crime if that person misuses a state government computer system. For purposes of this subsection, a person is guilty of misuse of a state government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:

For purposes of this subsection, "computer system" has the same meaning as in Title 17-A, section 431 and "leadership positions" means the presiding officers of each House of the Legislature, party leaders, the Clerk of the House, the Assistant Clerk of the House, the Secretary of the Senate and the Assistant Secretary of the Senate.

Effective September 13, 2003, unless otherwise indicated.

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