Resolve, To Establish the Committee To Study Compliance with Maine's Freedom of Access Laws
Maine Legislature, Session 121, LD 1079
Committee: Judiciary
Sponsors: KOFFMAN, ROTUNDO, BLISS, BUNKER, COLWELL, DUPLESSIE, FAIRCLOTH, FISCHER, LEMOINE

Legislative Document 
No. 1079 
H.P.797 
House of Representatives, March 4, 2003 
Resolve, To Establish the Committee To Study Compliance with 
Maine's Freedom of Access Laws 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator ROTUNDO of Androscoggin and 
'111~ 1I1.17l4C~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Representatives: BLISS of South Portland, BUNKER of Kossuth Township, Speaker 
COLWELL of Gardiner, DUPLESSIE of Westbrook, FAIRCLOTH of Bangor, FISCHER of 
Presque Isle, LEMOINE of Old Orchard Beach, McLAUGHLIN of Cape Elizabeth. 
Prinled on recycled paper 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
and 
resolves 
of 
the 
until 
days 
after 
adjournment unless enacted as emergencies; and 
Whereas, access to public records and public proceedings by 
the people is essential to successful democracy, and the freedom 
of access to the public records and proceedings is governed by 
the Maine Revised Statutes, Title 1, sections 401 to 410; and 
Whereas, a study done in 2002 revealed that citizens' access 
to public records is often restricted in contravention of law; and 
Whereas. 
citizens 
would 
benefit 
from 
an 
immediate 
comprehensive study of issues relating to state and municipal 
compliance with the 
freedom 
of 
access 
laws 
and 
to 
ensuring 
complete compliance with the laws; and 
Whereas, in the judgment of the Legislature, 
these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Committee established. Resolved: 
That the Committee to 
Study Compliance with Maine's Freedom of Access laws, 
in this resolve as "the committee," is established; 
further 
referred to 
and be it 
Sec. 2. Committee membership. Resolved: 
That the committee 
consists of 12 members appointed as follows: 
1. 
One member of the Senate, appointed by the President o[ 
the Senate; 
2. 
One member of the House of Representatives, appointed by 
the Speaker of the House; 
3. 
One 
member 
representing the Maine Press Association. 
appointed by the President of the Senate; 
4. 
One 
member 
representing 
the 
Maine 
Daily 
Newspapers 
Publishers Association, appointed by the Speaker of the House; 
5. 
One member representing the Maine Municipal Association. 
appointed by the Governor; 
6. 
One 
member 
representing the 
Maine 
Chiefs 
of Police 
Association, appointed by the Governor; 
7. 
One 
Association, 
member 
representing the 
appointed by the Governor; 
Maine 
School 
Management 
8. 
The Attorney General, or the Attorney General's designee; 
9. 
One 
member 
representing 
the 
Maine 
Association 
of 
Broadcasters, appointed by the President of the Senate; 
10. 
One 
member 
representing 
the 
Maine 
Freedom 
of 
Information Coalition, appointed by the Speaker of the House; 
11. 
One member of the public, appointed by the President of 
the Senate; and 
12. 
One member of the public, appointed by the Speaker of 
the House; and be it further 
Sec. 3. Appointments; cochairs. Resolved: 
That all appointments 
must be made no later than 30 days following the effective date 
of this resolve. 
The appointing authorities shall notify the 
Executive Director of the Legislative Council upon making their 
appointments. 
The legislative members 
named to the committee 
shall serve as cochairs. 
When the appointment of all members is 
completed, the cochairs of the committee shall call and convene 
the first meeting of the committee no later than 15 days after 
the last member is appointed; and be it further 
Sec. 4. Committee duties. Resolved: 
That the committee shall 
meet not more than 4 times to study state and local governmental 
compliance with Maine' s freedom of access laws and other issues 
relating 
to 
citizens' 
access 
to 
public 
records 
and 
public 
proceedings. 
In examining these issues, the committee shall: 
1. 
Review and analyze the Report on Public Records Audi t, 
prepared 
by 
the 
Maine 
Freedom 
of 
Information 
Coalition 
November 2002, and the recommendations made in the report; 
2. 
Study 
what 
measures, 
if 
any, 
state 
and 
local 
governmental entities in Maine and in other states have taken to 
ensure their employees aloe knowledgeable about and comply wi th 
Maine's freedom of access laws or other comparable state laws; 
3. 
Investigate and 
recommend ways 
in which governmental 
compliance 
with 
Maine's 
freedom 
of 
access 
laws 
may 
be 
meaningfully improved and calculate what, if any, costs may be 
associated with making such improvements; 
Undertake 
exceptions 
a comprehens i ve 
to public access 
inventory and 
to records 
review of the 
and proceedings 
found within the freedom of access laws and identify possible 
changes to these exceptions in order to streamline Maine law and 
thereby make it more easily understood and 
complied with by 
governmental employees; and 
5. 
Reconsider whether the need for any of the statutory 
exceptions, as currently worded, is outweighed by the State's 
general interest in ensuring citizens' access to public records 
and proceedings; and be it further 
Sec. 5. Staff assistance. Resolved: 
That upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the committee; and 
be it further 
Sec. 6. Reimbursement. Resolved: 
That legislative members of 
the committee are entitled to receive legislative per diem, as 
defined in the Maine Revised Statutes, Title 3, section 2, and 
reimbursement for travel and other necessary expenses for their 
attendance 
at authorized meetings 
of 
the 
committee. 
Public 
members not otherwise compensated by their employers or other 
entities 
that 
they 
represent 
are 
entitled 
to 
receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings of the committee; and 
be it further 
Sec. 7. Committee budget. Resolved: 
That the cochairs of the 
committee, 
with 
assistance 
from 
the 
committee 
staff, 
shall 
administer the committee's budget. 
Within 10 days after its 
first meeting, 
the 
committee 
shall present 
a 
work 
plan 
and 
proposed budget to the Legislative Council for its approval. 
The 
committee 
may 
not 
incur 
expenses 
that 
would 
result 
in 
the 
committee's exceeding its approved budget; and be it further 
Sec. 8. Report. Resolved: 
That the committee shall submit 
2\ 
report that includes its findings and recommendations includinq 
suggested legislation for presentation to 
the Joint Standing 
Committee on Judiciary and the Legislative Council by December 
15, 2003. 
Following receipt and review of the report, the Joint 
Standing Committee on Judiciary may report out a bill to the 
committee's recommendations. 
If the committee requires a limited 
extension of time to conclude its study and to make its report, 
it may apply to the Legislative Council, which may grant the 
extension. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve establishes the Committee to Study Compliance 
wi th Maine's Freedom of Access Laws, consisting of Legislators, 
municipal officials, media representatives, the Attorney General 
and members of the public to address issues relating to state and 
governmental compliance with Maine's freedom of access laws. 
The 
study committee is required to issue 
a 
report to the Joint 
Standing 
Committee 
on 
Judiciary, 
including 
findings 
and 
recommendations, by December 15, 2003.