### Title 1, §402: Definitions

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# Maine Revised Statutes ----_-_-_-----_--®-__-_------------__- 401 

## Title 1 : GENERAL

PROVISIONS 402-A 

## Chapter 13: PUBLIC RECORDS AND PROCEEDINGS HEADING: PL 1975, C. 758 (RPR) Subchapter 1 : FREEDOM OF ACCESS HEADING: PL 1975, C . 758 (RPR) §402. Definitions 1. Conditional approval . Approval ofan application or granting

ofa license, certificate or any other type of permit upon conditions not otherwise specifically required by the statute, ordinance or regulation pursuant to which the approval or granting is issued. [ 1975, c . 758, (NEW) .] 1-A. Legislative subcommittee. "Legislative subcommittee" means 3 or more Legislators froma legislative committee appointed for the purpose of conducting legislative business on behalf of the committee. [ 1991, c . 773, §1 (NEW) .] 

### 2 . Public proceedings. The term"public proceedings" as used in this subchapter means the transactions of any functions affecting any or all citizens ofthe State by any ofthe following: A . The Legislature of Maine and its committees and subcommittees; [ 1975, c. 7 58, (NEW) . ] B . Any board or commission of any state agency or authority, the Board of Trustees of the University of Maine Systemand any of its committees and subcommittees, the Board of Trustees of the Maine Maritime Academy and any of its committees and subcommittees, the Board of Trustees of the Maine Community College System and any of its committees and subcommittees; [1989, c. 358, §1 (AMD) ; 1989, c . 443, §1 (AMD) ; 1989, c. 878, Pt . A, §1 (RPR) ; 2003, c. 20, Pt . 00, §2 (AMD) ; 2003, c . 20, Pt . 00, §4 (AFF) .] C . Any board, commission, agency or authority of any county, municipality, school district or any regional or other political or administrative subdivision; [1991, c. 848, § 1 (AMD ) . I 

### D . The full membership meetings of any association, the membership of which is composed exclusively of counties, municipalities, school administrative units or other political or

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administrative subdivisions; of boards, commissions, agencies or authorities of any such subdivisions; or of any combination of any of these entities; [ 1995, c . 608, §1 (AMD ) . ] E. The board of directors of a nonprofit, nonstock private corporation that provides statewide noncommercial public broadcasting services and any of its committees and subcommittees; [ 2009, c . 334, § 1 (AMD) . ] F. Any advisory organization, including any authority, board, commission, committee, council, task force or similar organization of an advisory nature, established, authorized or organized by lawor resolve or by Executive Order issued by the Governor and not otherwise covered by this subsection, unless the law, resolve or Executive Order establishing, authorizing or organizing the advisory organization specifically exempts the organization fromthe application of this subchapter; and [2009, c . 334, §2 (AMD) .] 

### G . The committee meetings, subcommittee meetings and full membership meetings ofany association that: (1) Promotes, organizes or regulates statewide interscholastic activities in public schools or in both public and private schools; and (2) Receives its funding fromthe public and private school members, either through membership dues or fees collected from those schools based on the number of participants of those schools in interscholastic activities. This paragraph applies to only those meetings pertaining to interscholastic sports and does not apply to any meeting or any portion of any meeting the subject of which is limited to personnel issues, allegations of interscholastic athletic rule violations by member schools, administrators, coaches or student athletes or the eligibility of an individual student athlete or coach. [2009, c . 334, §3 (NEW) .] [ 2009, c . 334, §§1-3 (AMD) .] 

### 3 . Public records. The term"public records" means anywritten, printed or graphic matter or any mechanical or electronic data compilation fromwhich information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any ofits political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction ofpublic or governmental business, except : A . Records that have been designated confidential by statute; [1975, c . 758, (NEW) .]

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B . Records that would be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereofwere sought in the course of a court proceeding; [1975, c . 758, (NEW) . ] C . Legislative papers and reports until signed and publicly distributed in accordance with legislative rules, and records, working papers, drafts and interoffice and intraoffice memoranda used or maintained by any Legislator, legislative agency or legislative employee to prepare proposed Senate or House papers or reports for consideration by the Legislature or any of its committees during the legislative session or sessions in which the papers or reports are prepared or considered or to which the paper orreport iscarried over; [1991, c . 773, §2 (AMD) .] D . Material prepared for and used specifically and exclusively in preparation for negotiations, including the development of bargaining proposals to be made and the analysis of proposals received, by a public employer in collective bargaining with its employees and their designated representatives; [1989, c . 358, §4 (AMD) . ] E. Records, working papers, interoffice and intraoffice memoranda used by or prepared for faculty and administrative committees of the Maine Maritime Academy, the Maine Community College Systemand the University of Maine System . The provisions of this paragraph do not apply to the boards of trustees and the committees and subcommittees of those boards, which are referred to in subsection 2, paragraph B; [1989, c . 358, §4 (AMD) ; 1989, c . 443, §2 (AMD) ; 1989, c . 878, Pt . A, §2 MR) ; 2003, c. 20, Pt . 00, §2 (AMD) ; 2003, c . 20, Pt . 00, §4 (AFF) .] F. Records that would be confidential if they were in the possession or custody of an agency or public official of the State or any of its political or administrative subdivisions are confidential if those records are in the possession of an association, the membership ofwhich is composed exclusively of one or more political or administrative subdivisions of the State; of boards, commissions, agencies or authorities of any such subdivisions; or of any combination of any of these entities; [1991, c . 448, §1 (AMD) .] G . Materials related to the development of positions on legislation or materials that are related to insurance or insurance-like protection or services which are in the possession of an association, the membership ofwhich is composed exclusively of one or more political or administrative subdivisions of the State; of boards, commissions, agencies or authorities of any such subdivisions; or of any combination of any of these entities; (1991, c. 448, §1 (AMD) .] 

### H . Medical records and reports of municipal ambulance and httn-//urww_mainelegislature_crg/legis/-,tatutes/1/title] sec402.htm1 12/11/2009

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rescue units and other emergency medical service units, except that such records and reports must be available upon request to lawenforcement officers investigating criminal conduct ; [ 1995, c. 608, §4 (AMD) .] I . Juvenile records and reports of municipal fire departments regarding the investigation and family background of a juvenile fire setter; [1999, c. 96, § 1 (AMD ) . ] J. Working papers, including records, drafts and interoffice and intraoffice memoranda, used or maintained by any advisory organization covered by subsection 2, paragraph F, or any member or staff of that organization during the existence of the advisory organization. Working papers are public records if distributed by a member or in a public meeting of the advisory organization; [ 2001, c . 67 5, § 1 (AMD ) . ] 

### K . Personally identifying information concerning minors that is obtained or maintained by a municipality in providing recreational or nonmandatory educational programs or services, if the municipality has enacted an ordinance that specifies the circumstances in which the information will be withheld from disclosure. This paragraph does not apply to records governed by Title 20-A, section 6001 and does not supersede Title 20-A, section 6001-A

; [2003, c . 392, §1 (AMD) . ] L. Records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism, but only to the extent that release of information contained in the record could reasonably be expected to jeopardize the physical safety of government personnel or the public. Information contained in records 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. For purposes of this paragraph, "terrorism" means conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure; [2003, c . 614, § 1 (AMD ) . ] M . Records or information describing the architecture, design, access authentication, encryption or security of information technology infrastructure and systems. 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 fromfurther disclosure; [2005, c . 381, §1 (AMD) .] 

### N . Social security numbers inthe possession ofthe Department of Inland Fisheries and Wildlife; [2009, c . 176, §1 (AMD) ;

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### Title l, §402: Definitions Page 5of 6 2009, c. 339, §1 . (AMD) .] O . Personal contact information concerning public employees, except when that information is public pursuant to other law . For the purposes of this paragraph: 

### (1) "Personal contact information" means home address, home telephone~number, home facsimile number, home email address and personal cellular telephone number and personal pager number; and (2) "Public employee" means an employee as defined in Title 14, section 8102, subsection 1, except that "public employee" does not include elected officials; [RR 2009, c . 1, §1 (COR) . ] P. Geographic information regarding recreational trails that are located on private land that are authorized voluntarily as such by the landowner with no public deed or guaranteed right of public access, unless the landowner authorizes the release of the information; and [RR 2009, c . 1, §2 (COR) . ] 

### (Paragraph P as enacted by PL 2009, c . 339, §3 is REALLOCATED TO TITLE 1, SECTION402, SUBSECTION 3, PARAGRAPHQ) Q . (REALLOCATED FROMT. 1, §402, sub-§3, TP) Security plans, staffing plans, security procedures, architectural drawings or risk assessments prepared for emergency events that are prepared for or by or kept in the custody of the Department of Corrections or a county jail if there is areasonable possibility that public release or inspection of the records would endanger the life or physical safety of any individual or disclose security plans and procedures not generally known by the general public. Information contained in records covered by this paragraph may be disclosed to state and county officials if necessary to carry out the duties of the officials, the Department of Corrections or members of the State Board of Corrections under conditions that protect the information from further disclosure. [ . ] [RR2009, c

. 1, § 3 (RAL) .] [ RR 2009, c . 1, §§1-3 (COR) .] 

### 3-A . Public records further defined. "Public records" also includes the following criminaljustice agency records: A . Records relating to prisoner furloughs to the extent they pertain to a prisoner's identity, conviction data, address of furlough and dates offurlough; [ 1997, c . 714, § 1 (NEW) . ] B. Records relating to out-of-state adult probationer or parolee supervision to the extent they pertain to a probationer's or parolee's identity, conviction data, address of residence and dates of supervision; and [2001, c . 477, §1 (AMD) . ] 

### C . Records to the extent they pertain to a prisoner's, adult

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### Title l, §402: Definitions Page 6 of 6 probationer's or parolee's identity, conviction data and current address or location, unless the Commissioner of Corrections determines that it would be detrimental to the welfare of a client to disclose the information. [2001, c. 477, §1 (AnD) - l [ 2001, c. 477, §1 (AMD) .1 

### 4 . Public records of interscholastic athletic organizations. Any records or minutes of meetings under subsection 2, paragraph G are public records. [ 2009, c . 334, §4 (NEW) .] SECTION HISTORY 1973, c . 433, §1 (AMD) . 1975, c . 483, §2 (AMD) . 1975, c . 243, (RPR) . 1975, c . 758, (RPR) . 1977, c . 164, §§1,2 (AMD) . 1977, c . 696, §9 (AMD) . 1985, c . 695, §§1,2 (AMD) . 1985, c . 779, §§1,2 (AMD) . 1987, c . 20, §1 (AMD) . 1987, c . 402, §A1 (AMD) . 1987, c . 477, §1 (AMD) . 1989, c . 358, §§1-4 (AMD) . 1989, c . 443, §§1,2 (AMD) . 1989, c . 878, §§A1,2 (AMD) . 1991, c . 448, §§1,2 (AMD) . 1991, c . 773, §§1,2 (AMD) . 1991, c . 848, §1 (AMD) . 1995, c . 608, §§1-5 (AMD) . 1997, c . 714, §1 (AMD) . 1999, c . 96, §§1-3 (AMD) . 2001, c . 477, §1 (AMD) . 2001, c . 675, §§1-3 (AMD) . 2003, c . 20, §002 (AMD) . 2003, c . 392, §§1-3 (AMD) . 2003, c . 614, §§1-3 (AMD) . 2003, c . 20, §004 (AFF) . 2005, c . 381, §§1-3 (AMD) . 2007, c . 597, §1 (AMD) . 2009, c . 176, §§1-3 (AMD) . 2009, c . 334, §§1-4 (AMD) . 2009, c . 339, §§1-3 (AMD) . RR 2009, c . 1, §§1-3 (COR) . Dataforthis page extractedon 10/27/2009 09:55 :46 . 

### The Revisor's Office cannot provide legal advice or interpretation of Maine lawto the public. If you need legal advice, please consult a qualified attorney.

Office of the Revisor ofStatutes 7 State House Station State House Room108 Augusta, Maine 04333-0007

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### Title 1, §408: Public records available for public inspection and copying

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PROVISIONS STATUTE SEARCH O CH. 1 3 CON

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## ------------_ ._-- ----- O DISCLAIMER UMAI_NE LAW O REVISOR~S OFFICE M AINE LEGISLA

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## Chapter 13: PUBLIC RECORDS AND PROCEEDINGS HEADING: PL 1975, C. 758 (RPR) Subchapter 1 : FREEDOMOF ACCESS HEADING:

PL 1975, C. 758 (RPR) §408. Public records available for public inspection and copying 1 . Right to inspect and copy. Except as otherwise provided by

statute, every person has the right to inspect and copy any public record during the regular business hours of the agency or official having custody of the public record within a reasonable period of time after making a request to inspect or copy the public record. An agency or official may request clarification concerning which public record or public records are being requested, but in any case the agency or official shall acknowledge receipt of the request within a reasonable period of time. [ 2007, c . 501, §1 (ANIID) . ] 

### 2. Inspection, translation and copying scheduled . Inspection, translation and copying may be scheduled to occur at such time as will not delay or inconvenience the regular activities ofthe agency or official having custody of thepublic record sought . [ 2003, c . 709, §2 (NEW) .] 

### 3. Payment ofcosts. Except as otherwise specifically provided by law or court order, an agency or official having custody ofa public record may charge fees as follows. A . The agency or official may charge a reasonable fee to cover the cost of copying. [2003, c. 709, § 2 (NEW) . ] B. The agency or official may charge a fee to cover the actual cost of searching for, retrieving and compiling the requested public record of not more than $10 per hour after the first hour of staff time per request. Compiling the public record includes reviewing and redacting confidential information. [2003, c . 709, §2 (NEW) .] C . If translation is necessary, the agency or official may charge a fee to cover the actual cost of translation. [ 2 003, c . 709, § 2 (NEW) .] 

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D . An agency or official may not charge for inspection. [2003, c . 709, §2 (NEW) .] [ 2003, c . 709, §2 (NEW) .] 

### 4 . Estimate. The agency or official shall provide to the requester an estimate of the time necessary to complete the request and of the total cost. If the estimate of the total cost is greater than $20, the agency or official shall inform the requester before proceeding. If the estimate of the total cost is greater than $100, subsection 5 applies. [ 2003, c. 709, §2 (NEW) .] 

### 5. Payment in advance. The agency or official may require a requester to pay all or a portion ofthe estimated costs to complete the request prior to the translation, search, retrieval, compiling and copying of thepublic record if : A . The estimated total cost exceeds $100 ; or [2003, c. 709, §2 (NEW) .] B . The requester has previously failed to pay a properly assessed fee under this chapter in a timely manner . [2003, c. 709, § 2 (NEW) .] [ 2003, c . 709, §2 (NEW) .] 

### 6. Waivers. The agency or official maywaive part or all ofthe total fee if:

. ] A . The requester is indigent ; or [ 2003, c. 709, §2 (NEW) B . Release of the public record requested is in the public interest because doing so is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester. [2009, c . 240, §4 (AND) .] [ 2009, c . 240, §4 (Abm) .] SECTION HISTORY 1975, c . 758, (NEW) . 2003, c . 709, §2 (RPR) . 2007, c . 501, §1 (AMD) . 2009, c. 240, §4 (AND) . Dataforthispage extractedon I0/27/200909 :55 :46 . 

### The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. Ifyou need legal advice, please consult a qualified attorney.

Offi ce of the Revi sor of Statutes 7 State House Station State House Room108 Augusta, Maine 04333-0007

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