Resolve, the Committee To Study Compliance with Maine's Freedom of Access Laws
Maine Legislature, Session 121, LD 1079
Committee Amendment CA_A_H326 (House)

To 
COMMITTEE 
Establish 
AMENDMENT "11,, to H.P. 797, L.D. 1079, "Resolve, 
the 
Committee 
To 
Study Compliance with Maine's 
Freedom of Access Laws" 
Amend the resolve in the emergency preamble by striking out 
all of the 3rd paragraph (page 1, lines 10 and 11 in L.D.) and 
inserting in its place the following: 
'VVhereas, a 
study 
by 
the 
Maine 
Freedom 
Coalition done in 2002 
revealed evidence that 
citizens' 
access 
to 
public 
records 
is 
often 
contravention of law; and' 
of 
Information 
suggested that 
restricted in 
Further amend the resolve in section 1 in the 2nd line (page 
1, line 25 in L.D.) by striking out the following: 
"laws" and 
inserting in its place the following: 
'Laws' 
Further 
amend 
the 
resolve 
in section 
paragraph in the 2nd line (page 1, line 30 in 
out 
the 
following: 
"12" 
and 
inserting 
in 
following: 
'16' 
in 
the 
first 
L.D.) by striking 
its 
place 
the 
Further amend the resolve in section 2 by inserting after 
subsection 10 the following: 
'II. 
The 
Commissioner 
of 
Public 
Safety, 
or 
the 
commissioner's designee; 
12. 
One member representing county commissioners, appointed 
by the President of the Senate; 
Page l-LR0881(2) 
COMMITTEE AMENDMENT 
~ .• ~' 
COMMITTEE AMENDMENT ,,4, to H.P. 797, L.D. 1079 
13. 
One 
member 
representing 
the 
Maine 
Sheriffs' 
Association, appointed by the President of the Senate; 
14. 
One member representing persons whose privacy interests 
are protected by the freedom of access laws, appointed by the 
President of the Senate;' 
Further amend the resolve in section 2 by renumbering the 
subsections to read consecutively. 
Further amend the resolve in section 4 in subsection 4 in 
the last line (page 3, line 4 in L.D.) 
by striking out the 
following: 
"and" 
Further amend the resolve 
the last line (page 3, line 
following: 
"be it further" 
in section 4 in subsection 5 in 
in L.D.) 
by striking out the 
Further amend the resolve in section 4 by inserting after 
subsection 5 the following: 
'6. 
Study whether and to what extent the freedom of access 
laws may be used as a harassment tool against local governmental 
entities and what remedies may be available and appropriate to 
deter any such harassment; and be it further' 
Further amend the resolve by inserting after section 6 the 
following: 
'Sec. 7. Funding. Resolved: 
That the commi ttee may seek and 
accept outside funds to advance its work. 
Prompt notice of 
solicitation 
and 
acceptance 
of 
funds 
must 
be 
sent 
to 
the 
Legislative Council. 
All funds accepted must be forwarded to the 
Executive Director of the Legislative Council 
along with an 
accounting record that includes the amount of funds, the date the 
funds were received, from whom the funds were received and the 
purpose 
and 
any limitation on 
the 
use 
of 
the 
funds. 
The 
Executive Director of the Legislative Council administers any 
funds received; and be it further' 
Further amend the resolve in 
(page 
3, 
line 
in L.D.) 
by 
"extension." 
and 
inserting 
in 
'extension; and be it further' 
section 8 in 
striking out 
its 
place 
the 
the 
the 
last line 
following: 
following: 
Further amend the resolve by inserting after section 8 the 
following: 
'Sec. 9. Appropriations and allocations. Resolved: 
following appropriations and allocations are made. 
That 
the 
COMMITTEE AMENDMENT 
\\.0\ ~. 
COMMITTEE AMENDMENT .. If., to H,P. 797, L.D. 1079 
LEGISLA"l'URE 
Committee to Study Compliance with 
Maine's Freedom of Access Laws 
Initiative: 
Provides a base allocation of Other Special Revenue 
funds to authorize expenditures from this dedicated account. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$500 
$500 
2004-05 
$0 
$0' 
Further amend the resolve by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
SUMMARY 
This amendment clarifies the emergency preamble, expands the 
membership of the Committee to Study Compliance with Maine's 
Freedom of Access Laws, expands the duties of the study committee 
and authorizes the study committee to seek and accept outside 
funding. 
The emergency preamble is revised to clarify that the study 
on freedom of access laws compliance was conducted by the Maine 
Freedom of Information Coalition. 
The language is also clarified 
to provide that the study revealed evidence that suggested that 
citizens' 
access 
to 
public 
records 
is 
often 
restricted 
in 
contravention of law. 
The membership of the study committee is expanded by 4 for a 
total 
of 
members. 
Added 
to 
the 
membership 
are 
the 
Commissioner of Public Safety or the commissioner's designee, 
representatives of county commissioners and the Maine Sheriffs' 
Association 
and 
a 
representative 
of 
persons 
whose 
privacy 
interests are protected by the freedom of access laws. 
The duties of the study committee are expanded to include 
studying whether and to what extent the freedom of access laws 
may be used as 
a 
harassment tool against local governmental 
entities and what remedies may be available and appropriate to 
deter such harassment. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. if: to H.P. 797. L.D. 1079 
This amendment provides that the study committee may seek 
and accept outside funding. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Legislative Study 
Approved: 04/13/03 ;t:;?ae 
Office of Fiscal and Program Review 
LD 1079 
Resolve, To Establish the Committee To Study Compliance with Maine's 
Freedom of Access Laws 
LR 0881(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
2003-04 
2004-05 
$500 
$0 
Projections 
2005-06 
$0 
Projections 
2005-06 
$0 
The projected costs to fund the general operating expenses of this study are $4,480 in fiscal year 2003-04. Authorizing 
the committee to accept funds from other sources may result in the collection of Other Special Revenue funds in 
fiscal year 2003-04. A base allocation of Other Special Revenue funds in the amount of $500 is included to authorize 
expenditures from this dedicated account. The Legislature has budgeted $30,000 in fiscal year 2003-04 for legislative 
studies. Whether that amount is sufficient to fund all studies will depend on the number of studies authorized by the 
Legislative Council and the Legislature. Costs associated with serving on the committee can be absorbed by the 
Department of the Attorney General and the Department of Public Safety utilizing existing budgeted resources. 
LR0881 (2) - Fiscal Note - Page 1 of 1