reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 2: CONSTITUTIONAL AMENDMENTS › 1 §351. Effective date

§351. Effective date
Unless otherwise provided in the resolution submitting it, every constitutional amendment shall take effect and become part of the Constitution, on the first Wednesday of January following its adoption by the people.   [PL 1973, c. 625, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 625, §2 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 2: CONSTITUTIONAL AMENDMENTS › 1 §352. Proclamation and publication

§352. Proclamation and publication
Within 30 days after it appears that a constitutional amendment has been adopted, the Governor shall make proclamation thereof, and the Secretary of State shall forthwith cause such proclamation to be published in the state paper, and it shall be included in the next volume of Acts and resolves.
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 2: CONSTITUTIONAL AMENDMENTS › 1 §353. Explanation of proposed amendments and statewide referenda

§353. Explanation of proposed amendments and statewide referenda
With the assistance of the Secretary of State, the Attorney General shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes for each direct initiative, bond issue, constitutional resolution or statewide referendum that may be presented to the people. The Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact on state revenues, appropriations and allocations of each measure that may appear on the ballot, within the following time frames: for a direct initiative, within 15 business days after the applicant has given consent to the Secretary of State for the final language of the proposed law; and for a statewide referendum, bond issue or constitutional resolution, within 30 days after adjournment of the legislative session in which the measure was passed. The fiscal impact estimate must summarize the aggregate impact that the constitutional resolution, statewide referendum, direct initiative or bond issue will have on the General Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by the State to local units of government.   [PL 2011, c. 342, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 625, §3 (AMD). PL 1979, c. 534, §1 (AMD). PL 1979, c. 541, §A2 (AMD). PL 1979, c. 663, §1 (AMD). PL 1991, c. 837, §A1 (AMD). PL 2005, c. 316, §1 (AMD). PL 2007, c. 695, Pt. A, §2 (AMD). PL 2009, c. 341, §1 (AMD). PL 2009, c. 462, Pt. D, §1 (AMD). PL 2009, c. 538, §1 (AMD). PL 2011, c. 342, §1 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 2: CONSTITUTIONAL AMENDMENTS › 1 §354. Public comment on proposed amendments and statewide referenda; rules; fees

§354. Public comment on proposed amendments and statewide referenda; rules; fees
The Secretary of State shall adopt rules regarding the publication of public comment by proponents and opponents of direct initiatives, bond issues, constitutional resolutions or statewide referenda. These rules must include, but are not limited to, a word limit, the labeling of public comment as supporting or opposing a measure and the identification of the person or persons responsible for the comment. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. Beginning with the November 2006 election and every election thereafter, the Secretary of State shall publish the public comment, along with the explanatory statement and fiscal estimate required under section 353, on a publicly accessible site on the Internet and in pamphlets distributed to the municipalities of the State. A person filing a public comment for publication shall pay a fee of $500 to the Secretary of State. Fees collected pursuant to this section must be deposited in the Public Comment Publication Fund established under Title 5, section 90‑D.   [PL 2011, c. 342, §2 (AMD).]
SECTION HISTORY
PL 2005, c. 316, §2 (NEW). PL 2011, c. 342, §2 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 3: REVISED STATUTES › 1 §361. Positive law

§361. Positive law
The Legislature declares that the Maine Revised Statutes and the Maine Revised Statutes Annotated are identical as to the text of the law. Since the text of the revision has been enacted by the Legislature, it is positive law.   [PL 1965, c. 425, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 425, §1 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 3: REVISED STATUTES › 1 §362. Supplements as part of Revised Statutes

§362. Supplements as part of Revised Statutes
The laws contained in any current pocket parts or supplements to the Revised Statutes, printed and published hereafter under contract or otherwise as may be authorized by law, shall constitute, prima facie, a part of the Revised Statutes if such laws, as so contained, purport to represent reproduction of statutory amendments of the Revised Statutes, as stated in accompanying notes thereto and are so certified by the Secretary of State. If any such pocket parts or supplements are printed and published on a cumulative basis, then only such laws contained in the latest publication thereof shall constitute, prima facie, a part of the Revised Statutes.   [PL 1965, c. 425, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 425, §1 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 11: ACTS, RESOLVES AND CONSTITUTIONAL AMENDMENTS › Subchapter 3: REVISED STATUTES › 1 §363. Secretary of State

§363. Secretary of State
To entitle any copy of a law published in the Revised Statutes of 1964 to be read in evidence, there must be contained in the same book a printed certificate of the Secretary of State that the copy is a correct transcript of the text of the original laws. A facsimile of the signature of the Secretary of State imprinted by or at the Secretary of State's direction upon the certificate has the same validity as the Secretary of State's written signature.   [RR 2023, c. 1, Pt. C, §12 (COR).]
SECTION HISTORY
PL 1965, c. 425, §1 (NEW). RR 2023, c. 1, Pt. C, §12 (COR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §400. Short title

§400. Short title
This subchapter may be known and cited as "the Freedom of Access Act."   [PL 2011, c. 662, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 662, §1 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §401. Declaration of public policy; rules of construction

§401. Declaration of public policy; rules of construction
The Legislature finds and declares that public proceedings exist to aid in the conduct of the people's business. It is the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly. It is further the intent of the Legislature that clandestine meetings, conferences or meetings held on private property without proper notice and ample opportunity for attendance by the public not be used to defeat the purposes of this subchapter.   [PL 1975, c. 758 (RPR).]
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.   [PL 2011, c. 320, Pt. B, §1 (NEW).]
This subchapter shall be liberally construed and applied to promote its underlying purposes and policies as contained in the declaration of legislative intent.   [PL 1975, c. 758 (RPR).]
SECTION HISTORY
PL 1975, c. 483, §1 (AMD). PL 1975, c. 758 (RPR). PL 2011, c. 320, Pt. B, §1 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §402-A. Public records defined (REPEALED)

§402-A. Public records defined
(REPEALED)
SECTION HISTORY
PL 1975, c. 483, §3 (NEW). PL 1975, c. 623, §1 (RPR). PL 1975, c. 758 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §403. Meetings to be open to public; record of meetings

§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.
[PL 2011, c. 320, Pt. C, §1 (NEW).]
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;   [PL 2011, c. 320, Pt. C, §1 (NEW).]
B. The members of the body holding the public proceeding recorded as either present or absent; and   [PL 2011, c. 320, Pt. C, §1 (NEW).]
C. All motions and votes taken, by individual member, if there is a roll call.   [PL 2011, c. 320, Pt. C, §1 (NEW).]
[PL 2011, c. 320, Pt. C, §1 (NEW).]
3.  Audio or video recording.
An audio, video or other electronic recording of a public proceeding satisfies the requirements of subsection 2.
[PL 2011, c. 320, Pt. C, §1 (NEW).]
4.  Maintenance of record.
Record management requirements and retention schedules adopted under Title 5, chapter 6 apply to records required under this section.
[PL 2011, c. 320, Pt. C, §1 (NEW).]
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.
[PL 2011, c. 320, Pt. C, §1 (NEW).]
6.  Advisory bodies exempt from record requirements.
Subsection 2 does not apply to advisory bodies that make recommendations but have no decision-making authority.
[PL 2011, c. 320, Pt. C, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 293 (AMD). PL 1975, c. 422, §1 (AMD). PL 1975, c. 758 (RPR). PL 2009, c. 240, §1 (AMD). PL 2011, c. 320, Pt. C, §1 (RPR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §403-A. Public proceedings through remote access during declaration of state of emergency due to COVID-19 (REPEALED)

§403-A. Public proceedings through remote access during declaration of state of emergency due to COVID-19
(REPEALED)
SECTION HISTORY
PL 2019, c. 617, Pt. G, §1 (NEW). MRSA T. 1 §403-A, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §404. Recorded or live broadcasts authorized

§404. Recorded or live broadcasts authorized
In order to facilitate the public policy so declared by the Legislature of opening the public's business to public scrutiny, all persons shall be entitled to attend public proceedings and to make written, taped or filmed records of the proceedings, or to live broadcast the same, provided the writing, taping, filming or broadcasting does not interfere with the orderly conduct of proceedings. The body or agency holding the public proceedings may make reasonable rules and regulations governing these activities, so long as these rules or regulations do not defeat the purpose of this subchapter.   [PL 1975, c. 758 (RPR).]
SECTION HISTORY
PL 1975, c. 422, §2 (RPR). PL 1975, c. 483, §4 (AMD). PL 1975, c. 758 (RPR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §404-A. Decisions (REPEALED)

§404-A. Decisions
(REPEALED)
SECTION HISTORY
PL 1973, c. 433, §2 (NEW). PL 1973, c. 704, §§1,2 (AMD). PL 1975, c. 758 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §405-A. Recorded or live broadcasts authorized (REPEALED)

§405-A. Recorded or live broadcasts authorized
(REPEALED)
SECTION HISTORY
PL 1975, c. 483, §5 (NEW). PL 1975, c. 758 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §405-B. Appeals (REPEALED)

§405-B. Appeals
(REPEALED)
SECTION HISTORY
PL 1975, c. 483, §5 (NEW). PL 1975, c. 758 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §405-C. Appeals from actions (REPEALED)

§405-C. Appeals from actions
(REPEALED)
SECTION HISTORY
PL 1975, c. 483, §5 (NEW). PL 1975, c. 758 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §406. Public notice

§406. Public notice
Public notice shall be given for all public proceedings as defined in section 402, if these proceedings are a meeting of a body or agency consisting of 3 or more persons. This notice shall be given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned. In the event of an emergency meeting, local representatives of the media shall be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding.   [PL 1987, c. 477, §4 (AMD).]
SECTION HISTORY
PL 1975, c. 483, §6 (AMD). PL 1975, c. 758 (RPR). PL 1987, c. 477, §4 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §407. Decisions

§407. Decisions
1.  Conditional approval or denial.
Every agency shall make a written record of every decision involving the conditional approval or denial of an application, license, certificate or any other type of permit. The agency shall set forth in the record the reason or reasons for its decision and make finding of the fact, in writing, sufficient to appraise the applicant and any interested member of the public of the basis for the decision. A written record or a copy thereof shall be kept by the agency and made available to any interested member of the public who may wish to review it.
[PL 1975, c. 758 (NEW).]
2.  Dismissal or refusal to renew contract.
Every agency shall make a written record of every decision involving the dismissal or the refusal to renew the contract of any public official, employee or appointee. The agency shall, except in case of probationary employees, set forth in the record the reason or reasons for its decision and make findings of fact, in writing, sufficient to apprise the individual concerned and any interested member of the public of the basis for the decision. A written record or a copy thereof must be kept by the agency and made available to any interested member of the public who may wish to review it.
[PL 2009, c. 240, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 758 (NEW). PL 2009, c. 240, §3 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §408. Public records available for public inspection and copying (REPEALED)

§408. Public records available for public inspection and copying
(REPEALED)
SECTION HISTORY
PL 1975, c. 758 (NEW). PL 2003, c. 709, §2 (RPR). PL 2007, c. 501, §1 (AMD). PL 2009, c. 240, §4 (AMD). PL 2011, c. 662, §4 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §409. Appeals

§409. Appeals
1.  Records.
Any person aggrieved by a refusal or denial to inspect or copy a record or the failure to allow the inspection or copying of a record under section 408‑A may appeal the refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, denial or failure to the Superior Court within the State for the county where the person resides or the agency has its principal office. The agency or official shall file a statement of position explaining the basis for denial within 14 calendar days of service of the appeal. If a court, after a review, with taking of testimony and other evidence as determined necessary, determines such refusal, denial or failure was not for just and proper cause, the court shall enter an order for disclosure. Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.
[PL 2015, c. 249, §2 (AMD).]
2.  Actions.
If any body or agency approves any ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official action in an executive session, this action is illegal and the officials responsible are subject to the penalties hereinafter provided. Upon learning of any such action, any person may appeal to any Superior Court in the State. If a court, after a trial de novo, determines this action was taken illegally in an executive session, it shall enter an order providing for the action to be null and void. Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.
[PL 2011, c. 559, Pt. A, §2 (AMD).]
3.  Proceedings not exclusive.
The proceedings authorized by this section are not exclusive of any other civil remedy provided by law.
[PL 2009, c. 240, §6 (AMD).]
4.  Attorney’s fees.
In an appeal under subsection 1 or 2, the court may award reasonable attorney’s fees and litigation expenses to the substantially prevailing plaintiff who appealed the refusal under subsection 1 or the illegal action under subsection 2 if the court determines that the refusal or illegal action was committed in bad faith. Attorney’s fees and litigation costs may not be awarded to or against a federally recognized Indian tribe.
This subsection applies to appeals under subsection 1 or 2 filed on or after January 1, 2010.
[PL 2009, c. 423, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 758 (NEW). PL 1987, c. 477, §5 (AMD). PL 2007, c. 695, Pt. C, §1 (AMD). PL 2009, c. 240, §§5, 6 (AMD). PL 2009, c. 423, §1 (AMD). PL 2011, c. 559, Pt. A, §§1, 2 (AMD). PL 2011, c. 662, §6 (AMD). PL 2013, c. 350, §3 (AMD). PL 2015, c. 249, §2 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §410. Violations

§410. Violations
1.  Civil violation.
An officer or employee of a state government agency or local government entity who willfully violates this subchapter commits a civil violation.
[PL 2019, c. 247, §1 (NEW).]
2.  Penalties.
A state government agency or local government entity whose officer or employee commits a civil violation described in subsection 1 is subject to:
A. A fine of not more than $500 for a civil violation described in subsection 1;   [PL 2019, c. 247, §1 (NEW).]
B. A fine of not more than $1,000 for a civil violation described in subsection 1 that was committed not more than 4 years after a previous adjudication of a civil violation described in subsection 1 by an officer or employee of the same state government agency or local government entity; or   [PL 2019, c. 247, §1 (NEW).]
C. A fine of not more than $2,000 for a civil violation described in subsection 1 that was committed not more than 4 years after 2 or more previous adjudications of a civil violation described in subsection 1 by an officer or employee of the same state government agency or local government entity.   [PL 2019, c. 247, §1 (NEW).]
[PL 2019, c. 247, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 758 (NEW). PL 1987, c. 477, §6 (RPR). PL 2019, c. 247, §1 (RPR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §413. Public access officer

§413. Public access officer
1.  Designation; responsibility.
Each agency, county, municipality, school administrative unit and regional or other political subdivision shall designate an existing employee as its public access officer to serve as the contact person for that agency, county, municipality, school administrative unit or regional or other political subdivision with regard to requests for public records under this subchapter. The public access officer is responsible for ensuring that each public record request is acknowledged within 5 working days of the receipt of the request by the office responsible for maintaining the public record requested and that a good faith estimate of when the response to the request will be complete is provided according to section 408‑A. The public access officer shall serve as a resource within the agency, county, municipality, school administrative unit and regional or other political subdivision concerning freedom of access questions and compliance.
[PL 2015, c. 317, §2 (AMD).]
2.  Acknowledgment and response required.
An agency, county, municipality, school administrative unit and regional or other political subdivision that receives a request to inspect or copy a public record shall acknowledge and respond to the request regardless of whether the request was delivered to or directed to the public access officer.
[PL 2011, c. 662, §8 (NEW).]
3.  No delay based on unavailability.
The unavailability of a public access officer may not delay a response to a request.
[PL 2011, c. 662, §8 (NEW).]
4.  Training.
A public access officer shall complete a course of training on the requirements of this chapter relating to public records and proceedings as described in section 412.
[PL 2011, c. 662, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 662, §8 (NEW). PL 2015, c. 317, §2 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1: FREEDOM OF ACCESS › 1 §414. Public records; information technology

§414. Public records; information technology
An agency shall consider, in the purchase of and contracting for computer software and other information technology resources, the extent to which the software or technology will:   [PL 2011, c. 662, §8 (NEW).]
1.  Maximize public access.
Maximize public access to public records; and
[PL 2011, c. 662, §8 (NEW).]
2.  Maximize exportability; protect confidential information.
Maximize the exportability of public records while protecting confidential information that may be part of public records.
[PL 2011, c. 662, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 662, §8 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1-A: PUBLIC RECORDS EXCEPTIONS AND ACCESSIBILITY › 1 §431. Definitions

§431. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 709, §3 (NEW).]
1.  Public records exception.
"Public records exception" or "exception" means a provision in a statute or a proposed statute that declares a record or a category of records to be confidential or otherwise not a public record for purposes of subchapter 1.
[PL 2003, c. 709, §3 (NEW).]
2.  Review committee.
"Review committee" means the joint standing committee of the Legislature having jurisdiction over judiciary matters.
[PL 2003, c. 709, §3 (NEW).]
3.  Advisory committee.
"Advisory committee" means the Right To Know Advisory Committee established in Title 5, section 12004‑J, subsection 14 and described in section 411.
[PL 2005, c. 631, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 709, §3 (NEW). PL 2005, c. 631, §2 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 1-A: PUBLIC RECORDS EXCEPTIONS AND ACCESSIBILITY › 1 §433. Schedule for review of exceptions to public records

§433. Schedule for review of exceptions to public records
1.  Scheduling guidelines.
[PL 2005, c. 631, §4 (RP).]
2.  Scheduling guidelines.
[PL 2015, c. 250, Pt. D, §1 (RP).]
2-A.  Scheduling guidelines.
The advisory committee shall use the following list as a guideline for scheduling reviews of public records exceptions and reporting its recommendations to the review committee:
A. Exceptions enacted after 2004 and before 2013 are scheduled to be reviewed by the review committee no later than 2017;   [PL 2015, c. 250, Pt. D, §2 (NEW).]
B. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2019:
(1) Title 1;
(2) Title 2;
(3) Title 3;
(4) Title 4;
(5) Title 5;
(6) Title 6;
(7) Title 7; and
(8) Title 7‑A;   [PL 2015, c. 250, Pt. D, §2 (NEW).]
C. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2021:
(1) Title 8;
(2) Title 9‑A;
(3) Title 9‑B;
(4) Title 10;
(5) Title 11; and
(6) Title 12;   [PL 2015, c. 250, Pt. D, §2 (NEW).]
D. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2023:
(1) Title 13;
(2) Title 13‑B;
(3) Title 13‑C;
(4) Title 14;
(5) Title 15;
(6) Title 16;
(7) Title 17;
(8) Title 17‑A;
(9) Title 18‑C;
(10) Title 18‑B;
(11) Title 19‑A;
(12) Title 20‑A; and
(13) Title 21‑A;   [PL 2017, c. 402, Pt. C, §1 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2025:
(1) Title 22;
(2) Title 22‑A;
(3) Title 23;
(4) Title 24; and
(5) Title 24‑A;   [PL 2015, c. 250, Pt. D, §2 (NEW).]
F. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2027:
(1) Title 25;
(2) Title 26;
(3) Title 27;
(4) Title 28‑A;
(5) Title 29‑A;
(6) Title 30;
(7) Title 30‑A;
(8) Title 31; and
(9) Title 32; and   [PL 2015, c. 250, Pt. D, §2 (NEW).]
G. Exceptions codified in the following Titles are scheduled to be reviewed by the review committee no later than 2029:
(1) Title 33;
(2) Title 34‑A;
(3) Title 34‑B;
(4) Title 35‑A;
(5) Title 36;
(6) Title 37‑B;
(7) Title 38; and
(8) Title 39‑A.   [PL 2015, c. 250, Pt. D, §2 (NEW).]
[PL 2017, c. 402, Pt. C, §1 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Scheduling changes.
The advisory committee may make adjustments to the scheduling guidelines provided in subsection 2‑A as it determines appropriate and shall notify the review committee of such adjustments.
[PL 2015, c. 250, Pt. D, §3 (AMD).]
SECTION HISTORY
PL 2003, c. 709, §3 (NEW). PL 2005, c. 631, §§4,5 (AMD). PL 2015, c. 250, Pt. D, §§1-3 (AMD). PL 2017, c. 402, Pt. C, §1 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 2: DESTRUCTION OR MISUSE OF RECORDS › 1 §451. Lawful destruction of records (REPEALED)

§451. Lawful destruction of records
(REPEALED)
SECTION HISTORY
PL 1965, c. 441, §2 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 2: DESTRUCTION OR MISUSE OF RECORDS › 1 §452. Removal, secretion, mutilation of or refusal to return state documents

§452. Removal, secretion, mutilation of or refusal to return state documents
Whoever intentionally removes any book, record, document or instrument belonging to or kept in any state office, except books and documents kept and deposited in the State Library, intentionally secretes, alters, mutilates, defaces or destroys any such book, record, document or instrument or, having possession or control of any such book, record, document or instrument, intentionally fails or refuses to return the same to that state office or to deliver the same to the person in lawful charge of the office where the same was kept or deposited is guilty of a Class D crime.   [RR 2023, c. 1, Pt. C, §13 (COR).]
SECTION HISTORY
PL 1969, c. 318, §1 (RPR). PL 1977, c. 696, §10 (RPR). RR 2023, c. 1, Pt. C, §13 (COR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 3: PRINTING AND PURCHASE OF DOCUMENTS AND LAWS › 1 §501. State agency defined

§501. State agency defined
As used in this subchapter, the word "agency" shall mean a state department, agency, office, board, commission; or quasi-independent agency, board, commission, authority or institution.   [PL 1975, c. 436, §1 (RPR).]
SECTION HISTORY
PL 1975, c. 436, §1 (RPR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 3: PRINTING AND PURCHASE OF DOCUMENTS AND LAWS › 1 §502. Property of State

§502. Property of State
All Maine reports, digests, statutes, codes and laws, printed or purchased by the State and previously distributed by law to the several towns and plantations within the State, shall be and remain the property of the State and shall be held in trust by such towns or plantations for the sole use of the inhabitants thereof.
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 3: PRINTING AND PURCHASE OF DOCUMENTS AND LAWS › 1 §503. Delivery to successor in office

§503. Delivery to successor in office
All revisions of and supplements to the statutes, the session laws and the Maine Reports sold or furnished to any state, county or municipal officer must be held in trust by that officer for the sole use of that officer's office; and at the expiration of that officer's term of office or on that officer's removal from office by death, resignation or other cause, that officer or, if that officer is dead, that officer's legal representatives shall turn those publications over to that officer's successor in office. If there is no successor to the office, that officer, or that officer's legal representatives, shall turn over all of those publications to the state, county or municipal unit that purchased the same.   [RR 2023, c. 1, Pt. C, §14 (COR).]
SECTION HISTORY
PL 1965, c. 425, §2 (RPR). PL 1981, c. 48, §1 (AMD). RR 2023, c. 1, Pt. C, §14 (COR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 3: PRINTING AND PURCHASE OF DOCUMENTS AND LAWS › 1 §504. Source of authority to be shown

§504. Source of authority to be shown
All publications printed or published by the State as a requirement of law shall set forth the authority for the same at an appropriate place on each copy printed or published. Publications printed or published by the State which are not required by law shall set forth the source of funds by which the publication is printed or published at an appropriate place on each copy. This section shall not apply to publications paid for out of the legislative appropriation.
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 3: PRINTING AND PURCHASE OF DOCUMENTS AND LAWS › 1 §505. Mailing lists

§505. Mailing lists
All addressees on mailing lists used for the distribution of all matters printed or distributed at state expense by dedicated or undedicated revenues shall at least once in every 12-month period be contacted in writing to inquire if continuance of delivery to said addressees is desired. Failure of the addressee to affirmatively reply within 30 days of the written inquiry shall cause such addressees to be removed from said mailing list. However, nothing in this section shall prevent any printed matter being distributed where otherwise required by law.   [PL 1973, c. 331 (NEW).]
SECTION HISTORY
PL 1973, c. 331 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 13: PUBLIC RECORDS AND PROCEEDINGS › Subchapter 4: EXECUTIVE ORDERS › 1 §521. Executive orders

§521. Executive orders
1.  Available to public.
The Governor shall maintain in the Governor's office a file containing a copy of every executive order issued by that Governor or by previous governors that is currently in effect. This file must be open to public inspection at reasonable hours.
[PL 2019, c. 475, §4 (AMD).]
2.  Dissemination.
A copy of every executive order must be filed with the Legislative Council and the Law and Legislative Reference Library, and the executive order must be posted in a conspicuous location on the State's publicly accessible website, within one week after the Governor has issued that order.
[PL 2011, c. 380, Pt. III, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 360 (NEW). PL 1977, c. 696, §11 (AMD). PL 2011, c. 380, Pt. III, §1 (AMD). PL 2019, c. 475, §4 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14: ELECTRONIC ACCESS TO PUBLIC INFORMATION › 1 §531. Short title

§531. Short title
This chapter may be known and cited as the "InforME Public Information Access Act."   [PL 1997, c. 713, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 713, §1 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14: ELECTRONIC ACCESS TO PUBLIC INFORMATION › 1 §536. Network manager and data custodian responsibilities

§536. Network manager and data custodian responsibilities
1.  Voluntary cooperation.
All data custodians may voluntarily cooperate with the network manager in providing public information, access to public information and assistance as may be requested for achieving InforME's purposes.
[PL 1997, c. 713, §1 (NEW).]
2.  Duplication of fee services.
Executive branch and semiautonomous state agencies may not provide services that duplicate fee services offered by InforME except as authorized by the board.
[PL 2011, c. 321, §12 (AMD).]
3.  Service level agreements.
Services provided by the network manager and information to be provided by a data custodian are governed by service level agreements between the network manager and the data custodian. A service level agreement may include a provision for the network manager to receive a portion of the agency fee for information or services in return for electronically providing that information or service.
[PL 2011, c. 321, §13 (AMD).]
4.  Data custodian responsibilities.
Data custodians are responsible for:
A. Ensuring that the public information is accurate, complete and current;   [PL 1997, c. 713, §1 (NEW).]
B. Updating the source data bases following verification of suggested corrections that users send to InforME;   [PL 1997, c. 713, §1 (NEW).]
C. Identifying how and from whom the information was acquired by the data custodian; and   [PL 1997, c. 713, §1 (NEW).]
D. Providing reasonable safeguards to protect confidentiality to the level required by law.   [PL 1997, c. 713, §1 (NEW).]
[PL 1997, c. 713, §1 (NEW).]
5.  InforME network manager responsibilities.
The network manager is responsible for:
A. Transmitting or providing access to public information;   [PL 1997, c. 713, §1 (NEW).]
B. Providing reasonable safeguards to protect confidentiality to the level required by law; and   [PL 1997, c. 713, §1 (NEW).]
C. Providing notices and disclaimers that include at least the following:
(1) How to address concerns if the public information appears to be inaccurate; and
(2) That InforME assumes no role for monitoring the information content to determine if it is accurate, complete or current.   [PL 1997, c. 713, §1 (NEW).]
[PL 1997, c. 713, §1 (NEW).]
6.  Redacting data.
When developing new systems, a data custodian shall consult with the network manager regarding current practices for efficiently redacting data.
[PL 1997, c. 713, §1 (NEW).]
7.  Disclaimer.
If the network manager provides public information that is stored, gathered or generated by the legislative branch, the network manager shall include the following disclaimer:
"This data was compiled from information made public by the legislative branch."
The disclaimer is not required if the information is prepared pursuant to a contract between the network manager and the Legislative Council.
[PL 1997, c. 713, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 713, §1 (NEW). PL 2007, c. 37, §6 (AMD). PL 2011, c. 321, §§12,13 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14: ELECTRONIC ACCESS TO PUBLIC INFORMATION › 1 §537. Financial requirements

§537. Financial requirements
1.  Funding.
InforME is self-supporting and may not receive an appropriation or allocation from the General Fund or other state funds.
Revenue is generated through fees on services paid by data custodians, subscribers or users, from contracts with other state departments and agencies and from money, goods or in-kind services donated or awarded to carry out the purposes of this Act.
[PL 2011, c. 321, §14 (AMD).]
2.  Fiscal year.
InforME's fiscal year begins January 1st and ends on December 31st of each calendar year.
[PL 2011, c. 321, §15 (AMD); PL 2011, c. 321, §17 (AFF).]
3.  Annual audit.
The network manager shall submit to the Commissioner of Administrative and Financial Services within 120 days after the close of InforME's fiscal year InforME's annual financial report and audit certified by an independent certified public accountant, who may be the accountant or a member of the firm of accountants who regularly audit the books and accounts of the network manager, selected by the network manager. The audit information forwarded by the network manager to the commissioner must include but is not limited to the audited financial statements, auditor opinions, reports on internal control, findings and recommendations and management letters. InforME is subject to any further audit and review determined necessary by the Governor or the Legislative Council after furnishing reasonable notice to the network manager.
[PL 1997, c. 713, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 713, §1 (NEW). PL 2007, c. 37, §7 (AMD). PL 2011, c. 321, §§14,15 (AMD). PL 2011, c. 321, §17 (AFF).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14: ELECTRONIC ACCESS TO PUBLIC INFORMATION › 1 §538. Copyrights, licensing restrictions and confidentiality

§538. Copyrights, licensing restrictions and confidentiality
1.  Information.
The information developed by the network manager for InforME and public information made available through InforME is owned by the public, and copyright or licensing restrictions may not be fixed to this information by the board, the network manager or data custodians.
[PL 1997, c. 713, §1 (NEW).]
2.  Custody of network manager.
The fact that information is in the custody of the network manager does not by itself make that information a public record.
[PL 1997, c. 713, §1 (NEW).]
3.  User records.
Information in records of the network manager or collected by InforME relating to the identity of or use by users of electronic services is confidential and may be released only with the express permission of the user or pursuant to court order. This subsection does not affect the public record status of any records of data custodians regarding users.
[PL 2011, c. 321, §16 (RPR).]
SECTION HISTORY
PL 1997, c. 713, §1 (NEW). PL 2011, c. 321, §16 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14-A: NOTICE OF INFORMATION PRACTICES › 1 §541. Definitions

§541. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 321, Pt. B, §1 (NEW).]
1.  Personal information.
"Personal information" means information about a natural person that readily identifies that specific person.
[PL 2001, c. 321, Pt. B, §1 (NEW).]
2.  Public entity.
"Public entity" means:
A. The Legislature;   [PL 2001, c. 321, Pt. B, §1 (NEW).]
B. The Judicial Department;   [PL 2001, c. 321, Pt. B, §1 (NEW).]
C. A state agency or authority;   [PL 2001, c. 321, Pt. B, §1 (NEW).]
D. The University of Maine System, the Maine Maritime Academy and the Maine Community College System;   [PL 2001, c. 321, Pt. B, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
E. A county, municipality, school district or any regional or other political or administrative subdivision; and   [PL 2001, c. 321, Pt. B, §1 (NEW).]
F. An advisory organization established, authorized or organized by law or resolve or by executive order issued by the Governor.   [PL 2001, c. 321, Pt. B, §1 (NEW).]
[PL 2001, c. 321, Pt. B, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
SECTION HISTORY
PL 2001, c. 321, §B1 (NEW). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 14-A: NOTICE OF INFORMATION PRACTICES › 1 §542. Notice of information practices

§542. Notice of information practices
Each public entity that has a publicly accessible site on the Internet associated with it shall develop a policy regarding its practices relating to personal information and shall post notice of those practices on its publicly accessible site on the Internet. The policy must include:   [PL 2001, c. 321, Pt. B, §1 (NEW).]
1.  Information collected.
A description of the personal information collected on the publicly accessible site on the Internet;
[PL 2001, c. 321, Pt. B, §1 (NEW).]
2.  Use and disclosure of information.
A summary of how the personal information is used by the public entity and the circumstances under which it may be disclosed to others;
[PL 2001, c. 321, Pt. B, §1 (NEW).]
3.  Choice.
The extent to which the user has a choice of whether to provide personal information via the publicly accessible site on the Internet and the consequences of refusing to give that information;
[PL 2001, c. 321, Pt. B, §1 (NEW).]
4.  Procedures for access and correction.
The procedures, if any, by which the user may request access to that user's personal information and request correction of that information; and
[PL 2001, c. 321, Pt. B, §1 (NEW).]
5.  Security.
The steps taken to protect personal information from misuse or unauthorized access.
[PL 2001, c. 321, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 321, §B1 (NEW).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 15: STATE PAPER; LEGAL NOTICES › Subchapter 1: STATE PAPER › 1 §551. Designation of paper

§551. Designation of paper
The Kennebec Journal is the state paper of this State, in which must be published all advertisements, notices and orders required by law to be published in the state paper.   [PL 2011, c. 691, Pt. A, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 625, §4 (AMD). PL 2011, c. 691, Pt. A, §1 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 15: STATE PAPER; LEGAL NOTICES › Subchapter 2: LEGAL NOTICES › 1 §601. Publication of legal notices and advertising

§601. Publication of legal notices and advertising
To be qualified as a medium for the publication of legal notices, legal advertising and other matter required by law to be published in a newspaper, a newspaper, unless otherwise ordered by the court in the proceedings, must be printed in the English language; must be entered as 2nd class postal matter in the United States mails; and must have general circulation in the vicinity where the notice is required to be published. Any legal notice, legal advertising or other matter required by law to be published in a newspaper must appear in all editions of that newspaper and must appear on any publicly accessible website that the newspaper maintains in accordance with the requirements of section 603.   [PL 2013, c. 368, Pt. YYYY, §1 (AMD).]
Beginning July 1, 2013, a newspaper publishing legal notices may not charge agencies of the executive branch a rate greater than the rate that the newspaper charges the Legislature to publish legal notices.   [PL 2013, c. 368, Pt. YYYY, §1 (NEW).]
SECTION HISTORY
PL 1967, c. 428, §1 (AMD). PL 1987, c. 667, §1 (RPR). PL 1997, c. 405, §1 (AMD). PL 2013, c. 368, Pt. YYYY, §1 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 15: STATE PAPER; LEGAL NOTICES › Subchapter 2: LEGAL NOTICES › 1 §602. Additional media for publication of notices

§602. Additional media for publication of notices
Notwithstanding section 601, all probate notices, notices of foreclosure, other legal notices, legal advertising and other matter required by law to be published in a newspaper that have been published in the Coastal Journal from the date of its first publication on November 3, 1966 and in the Somerset Gazette from the date of its first publication on April 16, 1990 to June 2, 1993, and that would have been valid but for the provision of section 601 that requires a newspaper carrying such notices to be entered as 2nd class postal matter, are declared to be valid.   [RR 1997, c. 2, §2 (COR).]
SECTION HISTORY
PL 1993, c. 239, §1 (NEW). RR 1997, c. 2, §2 (COR).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 17: EMERGENCY INTERIM EXECUTIVE SUCCESSION (REPEALED) › 1 §658. Formalities of taking office for emergency interim successors (REPEALED)

§658. Formalities of taking office for emergency interim successors
(REPEALED)
SECTION HISTORY
PL 1977, c. 207, §1 (RP).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 19: EMERGENCY LOCATION OF GOVERNMENTS › Subchapter 1: EMERGENCY LOCATION OF STATE GOVERNMENT › 1 §711. Proclamation of Governor

§711. Proclamation of Governor
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of State Government at the normal location of the seat thereof in Augusta, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as the Governor considers advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State Government to that emergency temporary location, or locations. The emergency temporary location, or locations, remains as the seat of government until the Legislature by law establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.   [PL 2019, c. 475, §5 (AMD).]
SECTION HISTORY
PL 2019, c. 475, §5 (AMD).
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 19: EMERGENCY LOCATION OF GOVERNMENTS › Subchapter 1: EMERGENCY LOCATION OF STATE GOVERNMENT › 1 §712. Acts performed at emergency location are valid and binding

§712. Acts performed at emergency location are valid and binding
During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this State, including the convening and meeting of the Legislature in regular, extraordinary or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
2023 Maine Revised Statutes › TITLE 1: GENERAL PROVISIONS › Chapter 19: EMERGENCY LOCATION OF GOVERNMENTS › Subchapter 1: EMERGENCY LOCATION OF STATE GOVERNMENT › 1 §713. Application of provisions

§713. Application of provisions
This subchapter shall control and be supreme in the event they shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.