An Act To Implement the Recommendations of the Committee To Study Compliance with Maine's Freedom of Access Laws
Maine Legislature, Session 122, LD 0301
House Amendment HA_A_H713 (House)

HOUSE AMENDMENT ,A" to H.P. 226, L.D. 301, Bill, "An Act To 
Implement 
the 
Recommendations 
of 
the 
Committee 
To 
Study 
Compliance with Maine's Freedom of Access Laws" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, To Implement the Recommendations of the Coanittee To 
Study Compliance with Maine's Freedom of Access Laws' 
Further amend the bill by striking out everything after the 
ti tIe and before the summary and inserting in its place the 
following: 
'Sec. 1. Advisory committee established. Resolved: 
That 
the 
Freedom of Access Advisory Committee, referred to in this resolve 
as "the committee," is established to serve as a resource for 
ensuring compliance with the Maine Revised Statutes, Title 1, 
chapter 13, subchapters 1 and I-A and upholding the integrity of 
the purposes underlying subchapter 1 as it applies to all public 
entities in the conduct of the public's business; 
and be it 
further 
Sec. 2. Membership. Resolved: 
That the committee consists of 
the following 13 members: 
1. 
One Senator, appointed by the President of the Senate, 
who serves as Senate chair; 
2. 
One member of the House of Representatives, appointed by 
the Speaker of the House, who serves as House chair; 
3. 
One representative of municipal interests, appointed by 
the Governor; 
4. 
One representative of 
county or 
regional interests, 
appointed by the President of the Senate; 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,~, to H.P. 226, L.D. 301 
5. 
One representative of school interests, appointed by the 
Governor; 
6. 
One 
representative 
of 
law 
enforcement 
interests, 
appointed by the President of the Senate; 
7. 
One representative of the interests of State Government, 
appointed by the Governor; 
8. 
One representative of a statewide coalition of advocates 
of freedom of access, appointed by the Speaker of the House; 
9. 
One 
representative 
of 
newspaper 
and 
other 
press 
interests, appointed by the President of the Senate; 
10. 
One representative of broadcasting interests, appointed 
by the Speaker of the House; 
11. 
One representative of the public, 
appointed by the 
Speaker of the House; 
12. 
The 
Attorney 
General 
or 
the 
Attorney 
General's 
designee; and 
13. 
The committee shall invite the Chief Justice of the 
Supreme Judicial Court to designate a 
member of the judicial 
branch to serve as a member of the committee; and be it further 
Sec. 3. Appointments; convening first meeting. Resolved: 
That all 
appointments must be made no later than 15 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members the chairs shall call and convene the 
first meeting of the committee, which must be no later than 
October 1, 2005; and be it further 
Sec. 4. Meetings. Resolved: 
That the committee may meet up to 
times; and be it further 
Sec. 5. Duties and powers. Resolved: 
That the committee: 
1. 
Shall provide to the review committee under the Maine 
Revised Statutes, Title 1, chapter 13, subchapter I-A information 
and advice concerning the review of exceptions to public records 
under subchapter I-A and shall assist the review committee in 
ensuring 
that 
the 
schedule 
for 
review 
is 
maintained, 
that 
proposed exceptions are subject to the review process and that 
the criteria for review are appropriately applied; 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,~ to H.P. 226, L.D. 301 
2. 
Shall review the public's access to public proceedings 
and records; and 
3. 
Shall 
make 
recommendations 
to 
the 
Governor, 
the 
Legislature, the Chief Justice of the Supreme Judicial Court and 
local and regional governmental entities for changes in law and 
practice that are appropr iate to maintain the integr i ty of the 
freedom of access laws and their underlying principles; and be it 
further 
Sec. 6. 
Reimbursement for expenses. 
Resolved: 
Tha t 
the 
legislative members of the committee are entitled to receive the 
legislative per diem, as defined in the Maine Revised Statutes, 
Title 3, 
section 2, 
and reimbursement 
for 
travel 
and other 
necessary expenses related to 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. Assistance. Resolved: 
That the committee may request 
from any public agency or official assistance and information to 
enable 
the 
committee 
to 
effectively 
carry 
out 
the 
responsibilities described in this section; and be it further 
Sec. 8. Report. Resolved: 
That 
by 
December 
7, 
2005 
the 
committee shall report to the Governor, the Legislative Council, 
the Joint Standing Committee on Judiciary and the Chief Justice 
of the Supreme Judicial Court about the state of the freedom of 
access laws and the public's access to public proceedings and 
records. 
The joint standing committee may report out a bill to 
make necessary changes in law.' 
SUMMARY 
This amendment changes the bill to a 
resolve, makes the 
Freedom 
of 
Access 
Advisory 
Committee 
temporary 
rather 
than 
permanent, adjusts the duties of the advisory committee and makes 
changes to conform to the drafting standards for studies approved 
by the Legislative Council and the Joint Rules. 
SPONSORED BY: ~,!!J-~ 
\ 
(Representative DUPLESSIE) 
TOWN: 
Westbrook 
HOUSE 
; is('.\L \OTE REQUIRED 
(See attached) 
AMENDMENT 
Approved: 06/16/05 .::tvac 
LD301 
LR 0113(04) 
Resolve, To Implement the Recommendations of the Committee To Study Compliance with Maine's 
Freedom of Access Laws 
Fiscal Note for House Amendment ~ 
Sponsor: Rep. Duplessie 
Fiscal Note Required: Yes 
Fiscal Note 
Reduced Cost - Legislative Study 
Legislative Study 
This amendment decreases the cost of the study by $3,000 in fiscal year 2005-06 and $6,240 in fiscal year 2006-07. 
As amended, the total cost of this study is $3,240 in fiscal year 2005-06 and will be funded within the Legslature's 
current study budget. 
LROl13(4) - Fiscal Note - Page 1 of 1