Resolve, to Ensure That the Independent Commission to Investigate the Facts of the Tragedy in Lewiston Has Necessary Authority to Discharge Its Fact-finding Mission
Maine Legislature, Session 131, LD 2192
Committee Amendment CA_A_H740 (House)

COMMITTEE AMENDMENT " R^" to H,P. 1405, L.D. 2192, "Resolve, to Ensure
That the Independent Commission to Investigate the Facts of the Tragedy in Lewiston Has
Necessary Authority to Discharge Its Fact-finding Mission"
Amend the resolve m section 5 in the last Ime (page 2, line 2 in L.D.) by inserting after
the following: "session, " the following; 'Testimony may be taken in executive session upon
a showing that confidentiality is necessary to fulfill the independent commission's fact-
finding mission,'
Amend the resolve in section 7 in the last line (page 2, line 15 in L,D.) by inserting
after the followmg; "members." the following; 'The transcript of the testimony may be
released over the objection of a witness upon a showmg that the release of the transcript is
necessary to the independent commission's fact-finding mission, outweighs the interests of
the witness and is not in violation of any federal or state laws, rules or regulations,'
Amend the resolve by inserting after section 8 the following:
'See. 9. Compliance with state law and the Maine Rules of Civil Procedure.
Resolved: That any time the independent commission exercises its authority to issue a
subpoena under this resolve, the independent commission shall comply with state law and
the Maine Rules of Civil Procedure,'
Amend the resolve by inserting after section 10 the following;
'See. 11. Cooperation with State Archivist. Resolved: That the independent
commission shall cooperate with the State Archivist to ensure that records of the
independent commission are maintained in compliance with federal and state laws, rules
and regulations.
Sec. 12. Report on use of subpoena issuance. Resolved: That the independent
commission, in completing a final report of its work, shall include a detailed account of
each subpoena issued,
COMMITTEE AMENDMENT
^P ' COMMITTEE AMENDMENT "^"' to H.P. 1405, L.D. 2192
Sec. 13. Establishment of precedent. Resolved: That nothing in this resolve may
be used to establish a precedent authorizing independent commissions to issue subpoenas
in the firture.
Sec. 14. Sunset. Resolved: That the independent commission's authority to issue
subpoenas under this resolve is effective until July 1, 2024. Any subpoena issued by the
independent commission before July 1, 2024 remains valid after that date.'
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment adds language providing clarity that the Independent Commission to
Investigate the Facts of the Tragedy in Lewiston, in exercising its subpoena power, does so
in compliance with federal and state laws, rules and regulations and the Maine Rules of
Civil Procedure, The amendment also adds language clarifying thattestimony may be taken
in executive session upon a showing that confidentiality is necessary to the independent
commission's mission. The amendment adds a standard by which the independent
commission weighs whether to release testunony over the witness's objection. The
amendment requires the independent commission's cooperation with the State Archivist on
record maintenance, requires a report on use of subpoena power and establishes a sunset of
the independent commission's subpoena power on July 1, 2024. The amendment clarifies
that nothing in the resolve establishes a precedent authorizing independent commissions to
issue subpoenas in the future,
FISCAL NOTE REQIHRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/01/24 ^s?^-
LD 2192 LR 3042(03)
Resolve, to Ensure That the Independent Commission to Investigate the Facts of the Tragedy in
Lewiston Has Necessary Authority to Discharge Its Fact-finding Mission
Fiscal Note for Bill as Amended by Committee Amendment 'p^' ^-1^b
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system,
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time,
The collection of additional filing fees will increase General Fund revenue by minor amounts.
LR3042(03) - Fiscal Note - Page 1 of 1