An Act To Implement the Recommendations of the Right To Know Advisory Committee
Maine Legislature, Session 125, LD 1154
Committee: Judiciary
Amends: 22 MRSA §1065, 24 MRSA §2329, 24-A MRSA §225, 24-A MRSA §226, 24-A MRSA §227, 24-A MRSA §952-A, 24-A MRSA §2315, 24-A MRSA §2323, 24-A MRSA §2325-B, 24-A MRSA §2842, 1 MRSA §401, 1 MRSA §403, 1 MRSA §432, 1 MRSA §434, 1 MRSA §402

Legislative Document 
No. 1154 
H.P. 852 
House of Representatives, March 17, 2011 
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee 
Reported by Representative NASS of Acton for the Joint Standing Committee on Judiciary 
pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G. 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  22 MRSA §1065, as enacted by PL 2005, c. 628, §1, is repealed. 
Sec. A-2.  24 MRSA §2329, sub-§8, as enacted by PL 1983, c. 527, §1, is 
amended to read: 
8.  Confidentiality.  The confidentiality of all alcoholism Alcoholism and drug 
treatment patient records shall be protected are confidential. 
Sec. A-3.  24-A MRSA §225, sub-§3, as enacted by PL 1991, c. 828, §10, is 
amended to read: 
3.    All working papers, recorded information, documents and copies of any of these 
media produced by, obtained by or disclosed to the superintendent or any other person in 
the course of an examination made under this chapter must be given are confidential 
treatment, are not subject to subpoena and may not be made public by the superintendent 
or any other person, except to the extent provided in sections 226 and 227.  Access may 
be granted to the National Association of Insurance Commissioners.  Any parties granted 
access must agree in writing prior to receiving the information to provide the information 
with the same confidential treatment as required by this section unless prior written 
consent of the insurer to which the information pertains has been obtained. 
Sec. A-4.  24-A MRSA §226, sub-§2, as amended by PL 1999, c. 113, §15, is 
further amended to read: 
2.    If requested by the person examined, within the period allowed under subsection 
1, or if determined advisable by the superintendent without such request, the 
superintendent shall hold a hearing relative to the report and may not file the report in the 
bureau until after the hearing and the superintendent's order on the report; except that the 
superintendent may furnish a copy of the report to the Governor, Attorney General or 
Treasurer of State pending final decision and, if the copies are so furnished, they are 
deemed confidential information until the other requirements of this section with regard 
to examination reports have been satisfied.  In lieu of convening a hearing, the 
superintendent may reopen the examination or, if supported by the information obtained, 
may adopt some or all of the modifications proposed by the person examined. 
Sec. A-5.  24-A MRSA §227, as amended by PL 1991, c. 828, §12, is further 
amended to read: 
§227.  Examination report 
The report of examination of those persons, partnerships, corporations or other 
business associations that are subject to examination by the superintendent as provided 
for in sections 221 and 222 shall must, upon satisfaction of the requirements of section 
and so long as no court of competent jurisdiction has stayed its publication, be filed 
in the bureau as a public record, except for that any information relating to an individual 
insured or individual applicant for insurance, which is deemed confidential. 
Sec. A-6.  24-A MRSA §952-A, sub-§4, ¶H, as repealed and replaced by PL 
2001, c. 89, §1, is amended to read: 
H.  Except as provided in paragraphs K, L and M, any memorandum in support of the 
opinion and any other documents, materials or other information provided by the 
insurer to the superintendent in connection with the memorandum are confidential, 
must be kept confidential by the superintendent and are not public records within the 
meaning of the freedom of access laws and are not subject to subpoena or discovery, 
nor admissible in evidence in any private civil action.  The superintendent is 
authorized to use the documents, materials or other information in the furtherance of 
any regulatory or legal action brought as a part of the superintendent's official duties. 
Sec. A-7.  24-A MRSA §2315, as amended by PL 1989, c. 797, §17 and affected 
by §§37 and 38, is repealed. 
Sec. A-8.  24-A MRSA §2323, sub-§4, as amended by PL 1989, c. 797, §27 and 
affected by §§37 and 38, is further amended to read: 
4.    Each insurer shall report its loss or expense experience to the lawful rating 
organization, advisory organization or agency of which it is a member or subscriber, but 
shall is not be required to report its loss or expense experience to any rating organization, 
advisory organization or agency of which it is not a member or subscriber.  Any insurer 
not reporting such experience to a rating organization, advisory organization or other 
agency may be required to report such experience to the superintendent. Any report of 
such experience of any insurer filed with the superintendent shall be deemed is 
confidential and shall may not be revealed by the superintendent to any other insurer or 
other person, but the superintendent may make compilations including such experience. 
Sec. A-9.  24-A MRSA §2325-B, sub-§9, as enacted by PL 2003, c. 671, Pt. B, 
§2, is amended to read: 
9.  Modified policy form and rate filings.  A modified policy form and modified 
rate developed by a member insurer must be filed with the superintendent.  A modified 
rate to be used in connection with an existing policy form that consists solely of a 
permissible surcharge not in excess of the maximum allowable cap contained in rules 
adopted under subsection 8 may be used by a member insurer immediately upon filing 
that modified rate with the superintendent.  For any other modified filings, a modified 
policy form and modified rate must be filed with the superintendent not less than 30 days 
in advance of the stated effective date.  A modified rate filing subject to the 30-day 
advance filing requirement must include any supplementary rating information to be used 
in conjunction with a rate and, to the extent available, sufficient supporting information to 
support a rate.  A modified rate may not be excessive, inadequate or unfairly 
discriminatory with respect to risks written through the program.  A modified policy form  
may only be disapproved for the grounds specified in section 2413.  All modified policy 
form and rate filings are confidential until effective or approved in accordance with 
applicable law. 
Sec. A-10.  24-A MRSA §2842, sub-§8, as enacted by PL 1983, c. 527, §2, is 
amended to read: 
8.  Confidentiality. The confidentiality of all alcoholism Alcoholism and drug 
treatment patient records shall be protected are confidential. 
PART B 
Sec. B-1.  1 MRSA §401,  as repealed and replaced by PL 1975, c. 758, is 
amended by adding after the first paragraph a new paragraph to read: 
This subchapter does not prohibit communications outside of public proceedings 
between members of a public body unless those communications are used to defeat the 
purposes of this subchapter. 
PART C 
Sec. C-1.  1 MRSA §403, as amended by PL 2009, c. 240, §1, is repealed and the 
following enacted in its place: 
§403.  Meetings to be open to public; record of meetings 
1.  Proceedings open to public.  Except as otherwise provided by statute or by 
section 405, all public proceedings must be open to the public and any person must be 
permitted to attend a public proceeding. 
2.  Record of public proceedings.  Unless otherwise provided by law, a record of 
each public proceeding for which notice is required under section 406 must be made 
within a reasonable period of time after the proceeding and must be open to public 
inspection.  At a minimum, the record must include: 
A.  The date, time and place of the public proceeding; 
B.  The members of the body holding the public proceeding recorded as either present 
or absent; and 
C.  All motions and votes taken, by individual member, if there is a roll call. 
3.  Audio or video recording.  An audio, video or other electronic recording of a 
public proceeding satisfies the requirements of subsection 2. 
4.  Maintenance of record.  Record management requirements and retention 
schedules adopted under Title 5, chapter 6 apply to records required under this section. 
5.  Validity of action.  The validity of any action taken in a public proceeding is not 
affected by the failure to make or maintain a record as required by this section. 
6.  Advisory bodies exempt from record requirements.  Subsection 2 does not 
apply to advisory bodies that make recommendations but have no decision-making 
authority. 
PART D 
Sec. D-1.  1 MRSA §432, sub-§1, as amended by PL 2005, c. 631, §3, is further 
amended to read: 
1.  Recommendations.  During the second regular session of each Legislature, the 
review committee may report out legislation containing its recommendations concerning 
the repeal, modification and continuation of public records exceptions and any 
recommendations concerning the exception review process and the accessibility of public 
records.  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. 
Sec. D-2.  1 MRSA §432, sub-§2-C is enacted to read: 
2-C.  Accessibility of public records.  The advisory committee may include in its 
evaluation of public records statutes the consideration of any factors that affect the 
accessibility of public records, including but not limited to fees, request procedures and 
timeliness of responses. 
Sec. D-3.  1 MRSA §434, as amended by PL 2005, c. 631, §6, is further amended 
to read: 
§434.  Review of proposed exceptions to public records; accessibility of public 
records 
1.  Procedures before legislative committees.  Whenever a legislative measure 
containing a new public records exception is proposed or a change that affects the 
accessibility of a public record is proposed, the joint standing committee of the 
Legislature having jurisdiction over the proposal shall hold a public hearing and 
determine the level of support for the proposal among the members of the committee.  If 
there is support for the proposal among a majority of the members of the committee, the 
committee shall request the review committee to review and evaluate the proposal 
pursuant to subsection 2 and to report back to the committee of jurisdiction.  A proposed 
exception or proposed change that affects the accessibility of a public record may not be 
enacted into law unless review and evaluation pursuant to subsection subsections 2 and 
2-B have been completed. 
2.  Review and evaluation.  Upon referral of a proposed public records exception 
from the joint standing committee of the Legislature having jurisdiction over the 
proposal, the review committee shall conduct a review and evaluation of the proposal and 
shall report in a timely manner to the committee to which the proposal was referred.  The 
review committee shall use the following criteria to determine whether the proposed 
exception should be enacted: 
A.  Whether a record protected by the proposed exception 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 proposed exception; 
C.  Whether federal law requires a record covered by the proposed exception to be 
confidential; 
D.  Whether the proposed 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 proposed exception is as narrowly tailored as possible; and 
I.  Any other criteria that assist the review committee in determining the value of the 
proposed exception as compared to the public's interest in the record protected by the 
proposed exception. 
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. 
2-B.  Accessibility of public records.  In reviewing and evaluating whether a 
proposal may affect the accessibility of a public record, the review committee may 
consider any factors that affect the accessibility of public records, including but not 
limited to fees, request procedures and timeliness of responses. 
3.  Report.  The review committee shall report its findings and recommendations on 
whether the proposed exception or proposed limitation on accessibility should be enacted 
to the joint standing committee of the Legislature having jurisdiction over the proposal. 
Sec. D-4.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 1, chapter 13, subchapter 1-A, in the subchapter 
headnote, the words "exceptions to public records" are amended to read "public records 
exceptions and accessibility" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
PART E 
Sec. E-1.  1 MRSA §402, sub-§3, ¶N, as amended by PL 2009, c. 176, §1 and c. 
339, §1, is further amended to read: 
N.  Social security numbers in the possession of the Department of Inland Fisheries 
and Wildlife;  
SUMMARY 
This bill implements the recommendations of the Right to Know Advisory 
Committee as included in the advisory committee's 5th annual report. 
PART A 
The recommendations resulting from the review of existing public records exceptions 
are contained in Part A.  The Maine Revised Statutes, Title 1, section 433 directs the 
advisory committee to review existing public records exceptions found in Titles 22 to 25 
in 2012. 
Part A: 
1.  Repeals Title 22, section 1065 to eliminate reporting requirements regarding 
influenza immunization agents because the information is no longer collected; 
2.  Makes changes to achieve language consistency.  These changes are not intended 
to change the effect of the law; 
3.  Repeals Title 24-A, section 2315 to eliminate obsolete language referring to 
"stamping bureaus," which are no longer in existence; and 
4.  Makes a substantive change to provide that specific modified property and 
casualty policy form and rate filings are confidential until approved in accordance with 
applicable law.  Current law refers to confidentiality until the filings are effective. 
PART B 
Part B is in response to Resolve 2009, chapter 171, which, among other charges, 
directed the advisory committee to examine the use of technologies to ensure that 
decisions are made in public proceedings that are open and accessible to the public.  Part 
B amends the public policy section of the freedom of access laws to specifically allow 
communications outside of public proceedings between members of a public body if 
those communications are not used to defeat the purposes of the freedom of access laws. 
PART C 
Part C contains the advisory committee's recommendations pursuant to Resolve 2009, 
chapter 186.  Part C requires that public bodies keep records of their meetings if they are 
required under the freedom of access laws to give notice of their meetings and the public 
body is not purely advisory in its authority. 
The meeting records must include: 
1.  The date, time and place of the public proceeding; 
2.  The members of the body holding the public proceeding recorded as either present 
or absent; and 
3.  All motions and votes taken, by individual member, if there is a roll call. 
An audio, video or other electronic recording of a public proceeding is an acceptable 
record.  Record management requirements and retention schedules adopted under Title 5, 
chapter 6 apply to these meeting records. The validity of any action taken in a public 
proceeding is not affected by the failure to make or maintain a record as required. 
PART D 
Part D consists of the advisory committee's recommendations to broaden the review 
requirements for both existing public records exceptions and the Legislature's review of 
proposed public records exceptions.  Part D provides that the review and evaluation 
process includes language that affects the public accessibility of a public record.  Any 
factors that affect the accessibility may be considered, including but not limited to fees, 
request procedures and timeliness of responses. 
PART E 
Part E exempts social security numbers from the definition of "public records" under 
the freedom of access laws.