An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning a Public Records Exception for Proposed Legislation, Reports and Working Papers of the Governor
Maine Legislature, Session 125, LD 1805
Committee Amendment CA_A_H882 (House)
Committee: Judiciary
Amends: 1 MRSA §402

COMMITTEE AMENDMENT "A " to H.P. 1331, L.D. 1805, Bill, "An Act To 
Implement Recommendations of the Right To Know Advisory Committee Concerning a 
Public Records Exception for Proposed Legislation, Reports and Working Papers of the 
Governor" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 1 MRSA §402, sub-§l-B is enacted to read: 
I-B. Internal staff of the Governor. "Internal staff of the Governor" means the 
Governor's chief of staff, legal counsel, director of policy and employees under their 
direct supervision. "Internal staff of the Governor" does not include any other person 
employed in any other executive agency, including those designated by state law as 
housed in or transferred to the Office of the Governor. This subsection is repealed 
December 31, 2013. 
Sec. 2. 1 MRS A §402, sub-§3, ~C-2 is enacted to read: 
C-2. Records relating to the deliberative process of the Governor, until: 
(1) The records are made available to any person or agency outside the internal 
staff of the Governor; 
(2) The records are publicly distributed in accordance with legislative rules; 
(3) Adjournment of the session of the Legislature for which the records were 
prepared occurs; or 
(4) Six months from the creation of the records has passed. 
This paragraph is repealed December 31, 2013; 
Sec. 3. 1 MRS A §402, sub-§5 is enacted to read: 
5. 
Records relating to the deliberative process of the Governor. 
"Records 
relating to the deliberative process of the Governor" means all records containing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 1331, L.D. 1805 
predecisional advice, opinions, deliberations or recommendations created by the 
Governor or the internal staff of the Governor, maintained within the exclusive custody 
and control of the Governor or the internal staff of the Governor and in which the subject 
matter of the decision or policy under consideration requires legislative action or records 
concerning budgeting proposals or requests. This subsection is repealed December 31, 
2013.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It replaces the bill. It provides a temporary public records exception for records relating 
to the deliberative process of the Governor for legislative proposals and budgeting 
proposals and requests. 
"Records relating to the deliberative process of the Governor" is defined to mean all 
records containing predecisional advice, opinions, deliberations or recommendations 
created by the Governor or the internal staff of the Governor and maintained within the 
exclusive custody and control of the Governor or the internal staff of the Governor. The 
internal staff of the Governor consists of the chief of staff, legal counsel, director of 
policy and employees under their direct supervision. The records become public when 
the first of the following occurs: 
1. The records are made available to any person or agency outside the internal staff 
of the Governor; 
2. The records are publicly distributed in accordance with legislative rules; 
3. Adjournment of the Legislature for which the records were prepared occurs; or 
4. Six months from the creation of the records has passed. 
This amendment provides that the public records exception for the records relating to 
the deliberative process of the Governor is repealed December 31, 2013. 
COMMITTEE AMENDMENT