An Act to Strengthen
Maine Legislature, Session 132, LD 0127
Committee Amendment CA_A_S630 (Senate)
Amends: 3 MRSA §994, 3 MRSA §995, 3 MRSA §997

COMMITTEE AMENDMENT "/4 " to S.P. 55, L,D. 127, "An Act to Strengthen
Legislative Oversight of Govenuneut Agencies and Programs by Reaffirming the
Legislature's Access to Confidendal Records"
Amend die bill by striking out the the emergency preamble and substituting the
following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation provides that the Government Oversight Committee may
receive and review information that is privileged or confidential and exempt from public
disclosure; and
Whereas, the Government Oversight Committee requires immediate access to
information concerning children who died in the State in order to complete its evaluation
of the Department of Health and Human Services^ Office of Child and Family Services;
and
Whereas» in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out everything after the enacting clause and before the
emergency clause and inserting the following;
'See. 1. 3 MRSA §994, sub-§7, as enacted by PL 2001,c.702, §2, is amended to
read:
7. Vote on reports. To vote at the committee's discretion to endorse, to endorse in
part or to release a report of the office without endorsement. Notwithstanding any provision
of this chapter to the contrary and pursuant to subsections 11 and 13. the committee may
meet in executive session pursuant to Title 1. section 405 to review, inspect or deliberate
the workine papers that were considered and referenced in a report of the office for the sole
COMMITTEE AMENDMENT
COMMITTBE AMENDMENT " /{-" lo 8.P. 55, L.D. 127
^
/ r ( I puqrose of voting on a report pursuant to this subsection. Personal identifying information
f;;) 2 contained in the workinR papers may not be made available to the committee unless
r:-] 3 necessary to the committee's deliberations as determined by an affirmative vote of 2/3 of
the members of the committee;
Sec. 2. 3 MRSA §994, sub-§ll, as amended by PL 2005, c. 104, §2, is further
amended to read:
11. Information available to committee. To receive eertam and review information.
including information that is otherwise privileged or confidential, that the committee
determines necessary to uroperlv oerfonn its constitutional functions by providine
thoroueh oversieht of eovemment aaencies. oroBratns or other entities identified in section
991 or identified in an annual work plan prepared bv the director. Information that is made
available to the committee is governed by subsection 13 and section 997. subsection 3.
which eovem privileeed or confidential information made available to the office, bv
chapter 21, which governs legislative investigating committees, and by Title 1, chapter 13,
which governs public records and proceedings and executive sessions. Notwithstanding
any orovision of law to the contrary, orivileaed or confidential mformation that is made
available to the committee pursuant to this chapter is and remains orivileBed or confidenttal
and may not be disclosed to any person or released to the public. Any release or disclosure
ofprivileeed or confidential information outside of the executive session in subsection 7 is
not debate within the meanine of the Constitution of Maine. Arricle TV. Part Third. Section
8, is not a part of the legislative process and is not a legislative act as described in Title 14.
section 8104-B. subsection 1 ; md
Sec. 3. 3 MRSA §994, sub-§12, as enacted by PL 2005,c, 104, §3, is amended to
read:
12. Immediate review system, To establish a system to provide immediate review of
a program or function of a state agency or other entity in the event that there is a suspicion
of a major mismanagement of public funds or functions. If the director determines it is
necessary to proceed under the immediate review system and the committee approves
proceeding under that system, qualified auditors and investigators may be retained by the
director for that purpose. The director shall coordinate efforts with the Attorney General,
State Auditor, State Controller and others considered appropriate by the director?; and
See. 4. 3 MR8A §994, sub-§13 is enacted to read:
13. Confidentialitv; committee code of conduct. To orotect information that is
otherwise orivileeed or confidential oursuaat to this chaoter; Title 1. chapter 13: and the
joint rules of the Leeislature.
At the beainnine of each new Legislature, committee members must sieu a code of conduct
presented by the oresidinB officers to the Legislative Council for approval in orderjo
8 receive authorization to meet in executive session pursuant to subsection 7. The Leeislature
has primary resoonsibilitv for ensurine committee member adherence to this code of
conduct. The code of conduct must:
A. Prohibit committee members from takine; possession of any oaoers or records.
includine books, accounts, documents. computer disks or memory or other electronic
media and other materials regardless of the papers' or records' physical or electronic
form. that contain orivileged or confidential information:
Page2"132LROOSl(02)
COMMITTEE AMENDMENT
C ) COMMITTEE AMENDMENT " A-" to S.P. 55, L.D. 127 (. ^' t
^
( ) 1 B. Prohibit committee members from disclosine to any person or releasine to the
'"•' 2 public any Drivileeed or confidential information the committee reviews, inspects or
discusses in executive session:
C. Require committee members to adhere to the confidentiality and nondisclosure
policies, standards and procedures that the office adheres to during oroeram
evaluations pursuant to this chapter: and
D. Provide for determimne and imoosine penalties on a committee member for
violating the code of conduct. UP to and including expulsion from the Legislature.
Sec. 5. 3 MRSA §995, sub-§2, as enacted by PL 2001, c, 702, §2, is amended to
read:
II 2. Duties. The director shall supervise the staff of the office in accordance with
policies adopted by the committee and consistent with the policies of the Legislative
Council. The director shall prepare and present a biennial budget to the committee for its
approval. Money appropriated or allocated to the office must be expended in the discretion
of the director and the committee only. The director shall prepare and present a biennial
briefing to the committee on the confidentiality and nondisclosure oolicies. standards and
procedures that the office adheres to when conductine oroaram evaluations under this
chapter. The director also shall prepare and present an annual work plan to the committee
for its consideration and approval. The director also may contract with private individuals
or entities for the conduct of program evaluations under this chapter. The director may
request the committee to issue subpoenas.
Sec. 6. 3 MRSA §997» sub-§2, as enacted by PL 2001,c, 702, §2, is amended to
read:
2. Submission of final report to committee. The director shall notify the committee
when each final program evaluation report under this chapter is completed. The report
must then be placed on the agenda for a future committee meeting. At the meeting where
a report appears on the agenda for the first time, the director wiU shall release that report
to the committee and to the public simultaneously, except that the director may share a
confidential draft of the report with the committee prior to its public release after the review
and response period of the evaluated aeencv or other entity is completed pursuant to
subsection 1. The committee shall treat the draft of the report as confidential until it is
released to the public by the director. The committee, at its discretion, may vote to endorse,
to endorse in part or to decline to endorse the report submitted by the director, whether or
not the committee has conducted an executive session review of fhe working papers
pursuant to section 994. subsection 7, If the committee determines it is necessary, the
committee may report out to the Legislature legislation to implement the findings and
recommendations of any program evaluation report presented to it by the office.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and the emergency preamble. The amendment
requires the Director of the Office of Program Evaluation and Government Accountability
to prepare and present a biennial briefing to the Government Oversight Committee on the
COMMITTEE AMENDMENT
<^"toS.P.55,L.D.I27( ^
,y? COMMITTEE AMENDMENT " ^ " to S.P. 55, L.D. 1271
fr<
^ 1 confidentiality and nondisclosure policies, standards and procedures that the office adheres
' 2 to when conducting program evaluations. The amendment authorizes the Government
Oversight Committee to meet in executive session to review, inspect or deliberate working
papers that were considered and referenced in a report of the office for the sole purpose of
voting on the report, The amendment requires committee members to sign a code of
conduct in order to be authorized to meet in executive session for the purpose of reviewing
working papers that were considered and referenced in a report of the office. The
amendment authorizes the director of the office to share a confidential draft of a program
evaluation report with the committee before it is released to the public.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LROOSl(02)
COMMITTEE AMENDMENT
Approved; 03/19/26
t^Kt.
LD 127 LR 51(02)
An Act to Strengthen Legislative Oversight of Government Agencies and Programs by Reaffirming
the Legislature's Access to Confidential Records
Fiscal Note for Bill as Amended by Committee Amendment '^(^.(
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Potential current biennium cost increase - General Fund
Potential current biennium revenue decrease - Federal Block Grant Fund
Fiscal Detail and Notes
A potential loss of $72,300,000 in Federal Block Grant Funds to the Department of Health and Human Services may
result from this bill due to the confidentiality requirements for federal compliance the Office of Child and Family
Services is subject to for federal grants related to Title IV-B and Title IV-E. The loss of Federal Block Grant Funds
may need to be backfilled with General Funds.
Any additional costs to the Legislature's Office of Program Evaluation and Government Accountability are expected
to be minor and can be absorbed within existing budgeted resources,
LR0051(02) - Fiscal Note - Page 1 of 1