An Act To Implement the Recommendations of the Freedom of Access Advisory Committee
Maine Legislature, Session 122, LD 2111
Amends: 1 MRSA §431, 1 MRSA §432, 1 MRSA §433, 5 MRSA §12004-J, 1 MRSA §411

Legislative Document 
No. 2111 
H.P.1503 
House of Representatives, April 14,2006 
An Act To Implement the Recommendations of the Freedom of 
Access Advisory Committee 
Reported by Representative SIMPSON of Auburn for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2005, chapter 123. 
Printed on recycled paper 
7f/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. I MRSA §411 is enacted to read: 
5411. 
Right To KDow Adyiso~ Committee 
1. 
Adyiso~ Committee established. 
The 
Right 
To 
Know 
Adyisory Committee, referred to in this chapter as "the adyisory 
committee," is established to serye as a resource for ensuring 
compliance with this chapter and upholding the integrity of the 
purposes underlying this chapter as it applies to all public 
entities in the conduct of the public's business. 
2. 
MemMrebjp. 
The 
adyisory committee consists of the 
following members: 
A. 
One Senator who is a 
member of the joint standing 
committee 
of 
the 
Legislature 
haying 
jurisdiction 
oyer 
judiciary matters, appointed by the President of the Senate: 
B. 
One member of the House of Representatives who is a 
member of the joint standing committee of the Legislature 
haying jurisdiction oyer judiciary matters. appointed by the 
Speaker of the House: 
C. 
One representatiye of municipal interests. appointed by 
the Governor; 
D. 
One 
representative of county or regional interests. 
appointed by the President of the Senate; 
E. 
One representative of school interests, appointed by the 
Goyernor; 
F. 
One 
representative 
of 
law 
enforcement 
interests, 
appointed by the President of the Senate; 
G. 
One representatiye of the interests of State Government, 
appointed by the Governor; 
H. 
One representatiye of a statewide coalition of advocates 
of freedom of access. appointed by the Speaker of the House: 
I. 
One 
representative 
of 
newspaper 
and 
other 
press 
interests, appointed by the President of the Senate; 
J. 
One representative of newspaper publishers. appointed by 
the Speaker of the House: 
Page l-LR3212{1} 
K. 
Two 
representatives 
of 
broadcasting 
interests. 
one 
appointed by the President of the Senate and one appointed 
by the Speaker of the House: 
L. 
Two representatiyes of the public. one appointed by the 
President of the Senate and one appointed by the Speaker of 
the House: and 
M. 
The Attorney General or the Attorney General's designee. 
The adyisory committee shall inyite the Chief Justice of the 
Supreme Judicial Court to designate a 
member of the judicial 
branch to serye as a member of the committee. 
3. 'letIDS of iIPROint:meD.t. 
The terms of appointment are as 
follows. 
A. 
Except as proyided in paragraph a. members are appointed 
for terms of 3 years. 
a. 
Members 
who 
are 
Legislators 
are 
appointed 
for 
the 
duration of the legislative terms of office in which they 
were appointed. 
C. 
Members may serye beyond their designated terms until 
their successors are appointed. 
4. 
First Metjng: chair. 
The Executiye Director of the 
Legislatiye Council shall call the first meeting of the adyisory 
committee as soon as funding permits. 
At the first meeting. the 
advisory committee shall select a chair from among its members 
and may select a new chair annually. 
5. Meetings. 
The advisory committee may meet as often as 
Mcessary but not fewer than 4 times a year. 
A meeting may be 
called by the chair or by any 4 members. 
6. Duties and powers. 
The advisory committee: 
A. 
Shall provide guidance in ensuring access to public 
records and proceedings and help to establish an effective 
process to address general compliance issues and respond to 
requests for interpretation and 'clarification of the laws: 
B. 
Shall serve as the central source and coordinator of 
information 
about 
the 
freedom 
of 
access 
laws 
and 
the 
people's 
right 
to 
know. 
The 
advisory 
committee 
shall 
provide the basic information about the requirements of the 
law 
and 
the 
best 
practices 
for 
agencies 
and 
public 
officials. 
The 
advisory 
committee 
shall 
also 
provide 
general information about the freedom of access laws for a 
wider and deeper understanding of citizens' rights and their 
role 
in open 
government. 
The 
advisory 
committee 
shall 
coordinate the education efforts by providing information 
about the freedom of access laws and who to contact for 
specific inquiries: 
C. 
Shall serve as a resource to support the establishment' 
and maintenance of 
a 
central publicly accessible website 
that provides the text of the freedom of access laws and 
provides specific guidance on how a member of the public can 
use the law to be a better informed and active participant 
in open government. 
The website must include the contact 
information for agencies, as well as who to contact with 
complaints and concerns. 
The website must also include, or 
contain a link to, a list of statutory exceptions to the 
public records laws: 
D. 
Shall 
serve 
as 
a 
resource to support training and 
education about the freedom of access laws. 
Although each 
agency is responsible for training for the specific records 
and 
meetings 
pertaining 
to 
that 
agency's 
mission, 
the 
advisory committee shall provide core resources 
for the 
training, share best practices experiences and support the 
establishment and maintenance of online training as well as 
written question-and-answer summaries about specific topics: 
E. 
Shall serve as a resource for the review committee under 
subchapter I-A in examining public records exceptions in 
both existing laws and in proposed legislation; 
F. 
Shall examine inconsistencies in statutory language and 
may 
recommend 
standardized 
language 
in the 
statutes 
to 
clearly delineate what information is not public and the 
circumstances under which that information may appropriately 
be released: 
G. 
May make recommendations for changes in the statutes to 
improve 
the 
laws 
and 
may 
make 
recommendations 
to 
the 
Governor, the Legislature, the Chief Justice of the Supreme 
Judicial Court and local and regional governmental entities 
with regard to best practices in providing the public access 
to records and proceedings and to maintain the integrity of 
the freedom of access laws and their underlying principles. 
The 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
judiciary 
matters 
may 
report 
out 
legislation 
based 
on 
the 
advisory 
committee's 
recommendations: 
H. 
Shall serve 
as 
an adyiser to the Legislature when 
legislation affecting public access is considered; 
I. 
May conduct public hearings, conferences, workshops and 
other 
meetings 
to 
obtain 
information 
about. 
discuss. 
publicize the needs of and consider solutions to problems 
concerning access to public proceedings and records; 
J. 
Shall review the collection. maintenance and use of 
records 
by 
agencies 
and 
officials 
to 
ensure 
that 
confidential 
records 
and 
information 
are 
protected 
and 
public records remain accessible to the public; and 
K. 
May 
undertake other activities consistent with its 
listed responsibilities. 
7. 
Outside funding for adyisoq cowj ttee actiyities. 
The 
adyisory committee may seek outside funds to fund the cost of 
public hearings. conferences. workshops, other meetings. other 
activities of the advisory committee and educational and training 
materials. 
Contributions to support the work of the advisory 
committee may not be accepted from any party haying a pecuniary 
or other vested interest in the outcome of the matters being 
studied. 
Any person, other than a state agency, desiring to make 
a 
financial 
or 
in-kind 
contribution 
shall 
certify 
to 
the 
Legislative Council that it has no pecuniary or other vested 
interest in the outcome of the advisory committee' s actiyities. 
Such a certification must be made in the manner prescribed by the 
Legislative Council. 
All contributions are subject to approval 
by the Legislative Council. 
All funds accepted must be forwarded 
to the Executive Director of the Legislatiye Council along with 
an accounting record that includes the amount of funds. the date 
the funds were receiyed, from whom the funds were received and 
the purpose of and any limitation on the use of those funds. 
The 
Executive Director of the Legislative Council shall administer 
any funds received by the advisory committee. 
8. 
Compensation. 
Legislative 
members 
of 
the 
advisory 
committee 
are entitled to receive the legislative per diem. as 
defined in Title 3. section 2. and reimbursement for travel and 
other 
necessary 
expenses 
for 
their 
attendance at 
authorized 
meetings of the advisory 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 advisory committee. 
9. 
Staffing. 
The Legislative Council shall provide staff 
support for the operation of the advisory committee. except that 
the Legislative Council staff support is nQtautnorized when the 
Legislature is in regular or special session. In addition, the 
advisory committee may contract for administrative, professional 
and clerical services if funding permits. 
10. 
Re})Ort. 
By January 15, 
2007 
and at least annually 
thereafter, the advisory committee shall report to the Governor, 
the Legislative Council, 
the joint standing committee of the 
Legislature having jurisdiction over judiciary matters 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. 
Sec. 2. 1 MRSA §431, sub-§3 is enacted to read: 
3. 
AdyisoU co_ittee. 
"Advisory 
cOIlUDittee" 
means 
the 
Right To Know Advisory Committee established in Title 5, section 
12004-J, subsection 14 and described in section 411. 
Sec. 3. 1 MRSA §432, as enacted by PL 2003, c. 709, §3, is 
amended to read: 
§432. Exceptions to public records; review 
1. 
Reca.endations. 
During the second regular session of 
each Legislature, 
the 
review committee shall 
mgy report out 
legislation containing its recommendations concerning the repeal, 
modification and continuation of public records exceptions and 
any 
recommendations 
concerning 
the 
exception 
review process. 
Before reporting out legislation, 
the 
review 
committee shall 
notify 
the 
appropriate 
committees 
of 
jurisdiction concerning 
public hearings and work sessions and shall allow members of the 
appropriate committees of jurisdiction to participate in work 
sessions. 
2. 
Process of evaluation. 
According to the schedule in 
section 
4~4 433, 
the teY'iew advisory committee shall evaluate 
each public records exception that is scheduled for review that 
biennium. 
This section does not prohibit the evaluation of a 
public record exception by either the advisory committee or the 
review committee at a 
time other than that listed in section 
~ 
The 
teY'iew--GOfRffioi..t-t-ee--shall-~-t:he following cr iter ia t:e 
Eiet:eFlRiae apply in determining whether each exception scheduled 
for review should be repealed, modified or remain unchanged: 
A. 
Whether a record protected by the exception still needs 
to be collected and maintained; 
B. 
The value to the agency or official or to the public in 
maintaining a record protected by the exception; 
C. 
Whether federal law requires a record to be confidential; 
D. 
Whether the exception protects an individual's privacy 
interest and, if so, 
whether that interest substantially 
outweighs the public interest in the disclosure of records; 
E. 
Whether 
public 
disclosure 
puts 
a 
business 
at 
a 
competitive disadvantage and, if so, whether that business's 
interest substantially outweighs the public interest in the 
disclosure of records; 
F. 
Whether public disclosure compromises the position of a 
public body in negotiations and, if so, whether that public 
body's interest substantially outweighs the public interest 
in the disclosure of records; 
G. 
Whether public disclosure jeopardizes the safety of a 
member of the public or the public in general and, if so, 
whether that safety interest substantially outweighs the 
public interest in the disclosure of records; 
H. 
Whether 
the 
exception is 
as 
narrowly 
tailored 
as 
possible; and 
I. 
Any other criteria that assist the review committee in 
determining the value of the exception as compared to the 
public's interest in the record protected by the exception. 
2-A. 
Accountability review of 
agenGr or official. 
In 
evaluating each public records exception, the advisory committee 
shalL in addition to applying the criteria of subsection 2, 
determine whether there is a publicly accountable entity that has 
authority 
to 
review 
the 
agency 
or 
official 
that 
collects, 
maintains or uses the record subject to the exception in order to 
ensure 
that 
information collection, 
maintenance 
and 
use 
are 
consistent with the purpose of the exception and that public 
access to public records is not hindered. 
2-B. 
Recoanendations to review coaaittee. 
The advisory 
committee shall report its recommendations under this section to 
the review committee no later than the convening of the second 
regular session of each Legislature. 
3. 
Assistance from committees of jurisdiction. 
The Feview 
advisory committee 6Rall may seek assistance in evaluating public 
records exceptions from the joint standing committees of the 
Legislature having jurisdiction over the subject matter related 
to the exceptions being reviewed. 
The Feview advisory committee 
may 
hold 
~eiB~ public 
hearings 
wi~R after 
notice 
to 
the 
appropriate committees of jurisdiction. 
~e--~eview--eeMffii~~ee 
shall---&e&i~y---~--~~~~--~~~~--e~---jQFisQie~ieR 
eeReeFRiR~--~~---&&&&ie&&--aBQ--~~~--allew--~~--~--~he 
appFepFia~e-~~&~-~--~~~i5Qi€~ieB--~e-~~~ipat~-~~-weFk 
sessieRs ... 
Sec. 4. 1 MRSA §433, sub-§l, as enacted by PL 2003, c. 709, 
§3, is repealed. 
Sec. 5. 1 MRSA §433, sub-§§2 and 3 are enacted to read: 
2. 
Scheduling guidelines. 
The advisory committee shall use 
the following list as 
a 
guideline for 
scheduling reviews of 
public records exceptions. 
A, 
Exceptions 
codified 
in 
the 
following 
Titles 
are 
scheduled for review in 2008: 
(1) 
Title l' 
I 
( 2 ) 
Title 2 . 
I 
(3) 
Title 3 . 
I 
(4) 
Title 4 . , 
(5 ) 
Title 5' 
I 
(6 ) Title 6: 
(7) 
Title 7 . , 
(8 ) 
Title 8: 
( 9) 
Title 9-A: and 
{lQ} 
Title !;!-B. 
B. 
Exceptions 
codified 
in 
the 
following 
Titles 
are 
scheduled for review in 2010: 
(1) 
Title 10; 
( 2) 
Title 11: 
( 3 } Title 12: 
(4) 
Title 13; 
U2} 
Titl~ l3-B, 
(6 ) 
Title 13-C: 
(7) 
Title 14: 
(S) 
Title IS: 
( 9) 
Title 16: 
(10) 
Title 17: 
( ll) Title 17-A: 
(12 ) 
Title lS-A: 
(13 ) 
Title lS-B: 
(14) 
Title 19-A: 
(15) 
Title 20-A: and 
(16) 
Title 21-A. 
C. 
Ex!:;e];!tiQns 
!:;QQifi£lQ 
in 
th£l 
fQllQwing 
Titl£ls 
are 
S!:;h£lQyl£lQ fQr revi£lw in 2012: 
(l} 
Title 22; 
(2 } Title 23; 
en 
Title 24; 
(4} 
Title 24-A; and 
( 5} 
Title 25. 
D. 
EX!:;£l12tiQns 
CQQifi£lQ 
in 
th£l 
fQllQwing 
Ii tJ,£l S 
a,r£l 
S!:;h£lQybQ fQr r£lvi£lw in 2014: 
(1} 
Title 26; 
( 2) 
Title 27: 
(3} 
Title 28-Ai 
( 4} 
Title 29-A: 
( 5} 
Title 30; 
(Q} 
Titl£l 3Q-A; 
(7) 
Title 31: 
(8 ) 
Title 32: 
(9 ) 
Title 33: 
(10) 
Title 34-A: 
( 11) 
Title 34-B: 
(12) 
Title 35-A: 
(13 ) 
Title 36: 
(14) 
Title 37-B: 
(15) 
Title 38: and 
(lQ} 
Title 32-A. 
3. 
Scheduling changes. 
The advisory committee may make 
adjustments to the scheduling guidelines provided in subsection 2 
as 
it 
determines 
appropriate 
and 
shall 
notify 
the 
review 
committee of such adjustments. 
Sec. 6. 1 MRS A §434, sub-§2-A are enacted to read: 
2-A. 
Accountability review of agency or official. 
In 
evaluating each proposed public records exception. 
the review 
committee 
shall, 
in 
addition 
to 
applying 
the 
criteria 
of 
subsection 2. determine whether there is a publicly accountable 
entity that has authority to review the agency or official that 
collects, maintains or uses the record subject to the exception 
in order to ensure that information collection, maintenance and 
use are consistent with the purpose of the exception and that 
public access to public records is not hindered. 
4.6 
Sec. 7. 5 MRSA §12004-J, sub-§14 is enacted to read: 
14. 
Freedom of 
Access 
Right To 
Know 
Advisory 
Committee 
Legislative 
Per Diem 
and Ex-
penses for 
Legislators 
and Expenses 
Only for 
Certain 
Members 
MRSA 
§411 
Sec. 
8. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
LEGISLATURE 
Leqislature 0081 
The 
following 
Initiative: 
Provides. a base. allocation of $500 in fiscal year 
2006-07 in the event outside funding is received to fund certain 
expenses of the Right To Know Advisory Committee. 
OTHER SPECIAL REVENUE FORDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2005-06 
$0 
$0 
2006-07 
$500 
$500 
This bill includes recommendations of the Freedom of Access 
Advisory Committee, established by Resolve 2005, chapter 123, and 
recommendations 
of the Joint Standing Committee 
on JUdiciary 
pursuant to the Maine Revised Statutes, Title 1, section 432. 
This bill establishes the Right To Know Advisory Committee, 
a permanent advisory council representing all levels and branches 
of government. 
The advisory committee has oversight authority 
and responsibility for a broad range of activities associated 
with the purposes and principles underlying the freedom of access 
laws. 
The responsibility for reviewing existing public records 
exceptions, 
currently a 
task assigned to 
the Joint Standing 
Committee on Judiciary, is shifted to the advisory committee. 
Flexibility for 
review of 
exceptions 
outside 
of 
the 
listed 
schedule 
is 
provided. 
The 
advisory 
committee 
may 
make 
recommendations for changes in the statute to improve the laws 
and may make recommendations to the Governor, the Legislature, 
the Chief Justice of the Supreme Judicial Court and local and 
regional governmental entities with regard to best practices in 
providing the public access to records and proceedings and to 
maintain the integrity of the freedom of access laws and their 
underlying principles. 
The 
joint standing 
committee 
of 
the 
Legislature having jurisdiction over judiciary matters may report 
out legislation based on the advisory committee's recommendations. 
This bill revises the schedule for review of existing public 
records exceptions and includes in the review the question of 
wqether there is a publicly accountable entity with authority to 
review the activities of the agency or official that collects, 
maintains and uses confidential information. 
FISCAL NOTE REQUIRED 
(See attached) 
Page ll-LR3212(1) 
• 
Revised: 04/11106 ;t;?ac:.. 
LD & / / / 
LR 3212(01) 
An Act to Implement the Recommendations of the Freedom of Access Advisory Committee 
Fiscal Note for Committee Bill 
Committee: Freedom of Access Advisory Committee 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
2005-06 
2006-07 
Projections 
2007-08 
Projections 
2008-09 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Legislative Study 
$0 
$0 
$500 
$0 
$0 
$500 
$0 
$0 
The projected annual costs to fund the ongoing per diem and expenses ofthe Right To Know Advisory Committee are 
$4,040 beginning in fiscal year 2006-07. The Legislature's budget includes $20,000 in fiscal year 2006-07 for 
legislative studies and other legislative requests. Whether the amount is sufficient to fund all legislative requests will 
depend on the number of requests approved by the Legislative Council and the Legislature. 
The bill includes an allocation of Other Special Revenue Funds to the Legislature in fiscal year 2006-07 in the amount 
of $500 in the event outside funding is received for the Right To Know Advisory Committee. If further funding is 
received to conduct public hearings, conferences, workshops and other meetings or to contract for administrative, 
professional and clerical services, the Legislature will require additional allocation for those purposes in an amount 
that can not be determined at this time. 
The additional costs associated with providing staffing assistance to the committee during the interim between 
legislative sessions can be absorbed by the Legislature utilizing existing budgeted resources. 
LR3212(1) - Fiscal Note - Page 1 of 1