An Act To Implement the Recommendations of the Right To Know Advisory Committee
Maine Legislature, Session 130, LD 1345
Committee: Judiciary
Amends: 1 MRSA §408-A, 1 MRSA §411, 1 MRSA §412, 1 MRSA §432, 1 MRSA §434

Legislative Document
No. 1345
H.P. 996
House of Representatives, March 30, 2021
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee
Reported by Representative HARNETT of Gardiner 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.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §408-A, sub-§8, ¶A, as enacted by PL 2011, c. 662, §5, is 
amended to read:
A.  The agency or official may charge a reasonable fee to cover the cost of copying.  A 
reasonable fee to cover the cost of copying is no more than 10¢ per page for a standard 
1/2 inches by 11 inches black and white copy of a record.  A per-page copy fee may 
not be charged for records provided electronically.
Sec. 2.  1 MRSA §411, sub-§2, ¶M, as amended by PL 2015, c. 250, Pt. A, §1, is 
further amended to read:
M.  The Attorney General or the Attorney General's designee; and
Sec. 3.  1 MRSA §411, sub-§2, ¶N, as enacted by PL 2015, c. 250, Pt. A, §2, is 
amended to read:
N.  One member with broad experience in and understanding of issues and costs in 
multiple areas of information technology, including practical applications concerning 
creation, storage, retrieval and accessibility of electronic records; use of 
communication technologies to support meetings, including teleconferencing and 
Internet-based conferencing; databases for records management and reporting; and 
information technology system development and support, appointed by the Governor.; 
and
Sec. 4.  1 MRSA §411, sub-§2, ¶O is enacted to read:
O.  One representative having legal or professional expertise in the field of data and 
personal privacy, appointed by the Governor.
Sec. 5.  1 MRSA §412, sub-§1, as amended by PL 2019, c. 300, §1, is further 
amended to read:
1.  Training required.  A public access officer and an official subject to this section 
shall complete a course of training on the requirements of this chapter relating to public 
records and proceedings.  The official or public access officer shall complete the training 
not later than the 120th day after the date the official takes the oath of office to assume 
assumes the person's duties as an official or the person is designated as a public access 
officer pursuant to section 413, subsection 1.
Sec. 6.  1 MRSA §412, sub-§4, ¶F, as enacted by PL 2007, c. 576, §2, is amended 
to read:
F.  Municipal officers,; municipal clerks, treasurers, managers or administrators, 
assessors and code enforcement officers and deputies for those positions; and planning 
board members and budget committee members of municipal governments;
Sec. 7.  1 MRSA §412, sub-§4, ¶G, as amended by PL 2011, c. 662, §7, is further 
amended to read:
G.  Officials Superintendents, assistant superintendents and school board members of 
school administrative units; and
Sec. 8.  1 MRSA §432, sub-§2, ¶G-1 is enacted to read:
G-1.  Whether public access to the record ensures or would ensure that members of the 
public are able to make informed health and safety decisions;
Sec. 9.  1 MRSA §434, sub-§2, ¶G-1 is enacted to read:
G-1.  Whether public access to the record ensures or would ensure that members of the 
public are able to make informed health and safety decisions;
SUMMARY
This bill implements recommendations of the Right To Know Advisory Committee 
that were contained in the 2020 annual report.
The bill caps the fee to cover the cost of copying a public record at no more than 10¢ 
per page for a standard 8 1/2 inches by 11 inches black and white copy and clarifies that a 
per-page copy fee may not be charged for records provided electronically.
The bill adds a member to the Right To Know Advisory Committee who has legal or 
professional experience in the field of data and personal privacy, to be appointed by the 
Governor.
The bill makes the following changes to the requirements for training under the 
Freedom of Access Act.
1.  It clarifies that an official must complete training within 120 days of assuming the 
duties of the position.
2.  It expands the list of municipal officials required to complete training to include 
code enforcement officers, town managers and administrators and planning board members 
and clarifies that deputies of municipal clerks, treasurers, managers or administrators, 
assessors and code enforcement officers must also complete the training. 
3.  It clarifies that school superintendents, assistant superintendents and school board 
members are required to complete training.