CHAPTER 176
H.P. 1071 - L.D. 1466
An Act To Relocate the Prohibition of Use of State Government Computer Systems for Political Purposes to the Election Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §1972, sub-§5, as enacted by PL 2001, c. 388, §14, is repealed.
Sec. 2. 5 MRSA §1976, as enacted by PL 2001, c. 388, §14, is amended to read:
§1976. Use of State Government computer system
1. Confidentiality. Computer programs, technical data, logic diagrams and source code related to data processing or telecommunications are confidential and are not public records, as defined in Title 1, section 402, subsection 3, to the extent of the identi-fied trade secrets. To qualify for confidentiality under this subsection, computer programs, technical data, logic diagrams and source code must:
A. Contain trade secrets, as defined in Title 10, section 1542, subsection 4, held in private ownership; and
B. Have been provided to a state agency by an authorized independent vendor or contractor under an agreement by which:
(1) All trade secrets that can be protected are identified without disclosing the trade secret;
(2) The vendor or contractor retains all intellectual property rights in those trade secrets; and
(3) The state agency agrees to hold and use the programs, data, diagrams or source code without disclosing any identified trade secrets.
2. Public records. Except as provided in subsection 1, any document created or stored on a State Government computer is a public record and must be made available in accordance with Title 1, chapter 13 unless specifically exempted by that chapter.
3. Violation. A person is guilty of misuse of a State Government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:
A. To prepare materials with the intent to expressly advocate, to those eligible to vote, for the election or defeat of any candidate for a federal office, a constitutional office or any candidate for elective municipal, county or state office, including leadership positions in the Senate and the House of Representatives; or
B. With the intent to solicit contributions reportable under Title 21-A, chapter 13.
4. Penalty. Misuse of a State Government computer system is a Class C crime.
Sec. 3. 21-A MRSA §32, sub-§3 is enacted to read:
3. Class C crime. A person commits a Class C crime if that person misuses a state government computer system. For purposes of this subsection, a person is guilty of misuse of a state government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:
A. To prepare materials with the intent to expressly advocate, to those eligible to vote, for the election or defeat of any candidate for a federal office, a constitutional office or elective municipal, county or state office, including leadership positions in the State Senate and the State House of Representatives; or
B. With the intent to solicit contributions reportable under chapter 13.
For purposes of this subsection, "computer system" has the same meaning as in Title 17-A, section 431 and "leadership positions" means the presiding officers of each House of the Legislature, party leaders, the Clerk of the House, the Assistant Clerk of the House, the Secretary of the Senate and the Assistant Secretary of the Senate.
Effective September 13, 2003, unless otherwise indicated.
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