Chapter 13: PUBLIC RECORDS AND PROCEEDINGS HEADING: PL 1975, C. 758 (RPR)
Subchapter 1-A: EXCEPTIONS TO PUBLIC RECORDS HEADING: PL 2003, C. 709, §3 (NEW)
§432. Exceptions to public records; review
1.Recommendations. During the second regular session of each Legislature, the review committee may report out legislation containing its recommendations
concerning the repeal, modification and continuation of public records exceptions and any recommendations concerning the exception
review process. Before reporting out legislation, the review committee shall notify the appropriate committees of jurisdiction
concerning public hearings and work sessions and shall allow members of the appropriate committees of jurisdiction to participate
in work sessions.
[
2005, c. 631, §3 (AMD)
.]
2.Process of evaluation. According to the schedule in section 433, the advisory committee shall evaluate each public records exception that is scheduled
for review that biennium. This section does not prohibit the evaluation of a public record exception by either the advisory
committee or the review committee at a time other than that listed in section 433. The following criteria apply in determining
whether each exception scheduled for review should be repealed, modified or remain unchanged:
A. Whether a record protected by the exception still needs to be collected and maintained; [2003, c. 709, §3 (NEW).]
B. The value to the agency or official or to the public in maintaining a record protected by the exception; [2003, c. 709, §3 (NEW).]
C. Whether federal law requires a record to be confidential; [2003, c. 709, §3 (NEW).]
D. Whether the exception protects an individual's privacy interest and, if so, whether that interest substantially outweighs
the public interest in the disclosure of records; [2003, c. 709, §3 (NEW).]
E. Whether public disclosure puts a business at a competitive disadvantage and, if so, whether that business's interest substantially
outweighs the public interest in the disclosure of records; [2003, c. 709, §3 (NEW).]
F. Whether public disclosure compromises the position of a public body in negotiations and, if so, whether that public body's
interest substantially outweighs the public interest in the disclosure of records; [2003, c. 709, §3 (NEW).]
G. Whether public disclosure jeopardizes the safety of a member of the public or the public in general and, if so, whether
that safety interest substantially outweighs the public interest in the disclosure of records; [2003, c. 709, §3 (NEW).]
H. Whether the exception is as narrowly tailored as possible; and [2003, c. 709, §3 (NEW).]
I. Any other criteria that assist the review committee in determining the value of the exception as compared to the public's
interest in the record protected by the exception. [2003, c. 709, §3 (NEW).]
[
2005, c. 631, §3 (AMD)
.]
2-A.Accountability review of agency or official. In evaluating each public records exception, the advisory committee shall, in addition to applying the criteria of subsection
2, determine whether there is a publicly accountable entity that has authority to review the agency or official that collects,
maintains or uses the record subject to the exception in order to ensure that information collection, maintenance and use
are consistent with the purpose of the exception and that public access to public records is not hindered.
[
2005, c. 631, §3 (NEW)
.]
2-B.Recommendations to review committee. The advisory committee shall report its recommendations under this section to the review committee no later than the convening
of the second regular session of each Legislature.
[
2005, c. 631, §3 (NEW)
.]
3.Assistance from committees of jurisdiction. The advisory committee may seek assistance in evaluating public records exceptions from the joint standing committees of
the Legislature having jurisdiction over the subject matter related to the exceptions being reviewed. The advisory committee
may hold public hearings after notice to the appropriate committees of jurisdiction.
[
2005, c. 631, §3 (AMD)
.]
SECTION HISTORY
2003, c. 709, §3 (NEW).
2005, c. 631, §3 (AMD).
Data for this page extracted on 12/28/2009 02:25:37.