APPROVED CHAPTER
MAY 29, 2025 37
BY GOVERNOR RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 66 - L.D. 101
Resolve, to Convene a Working Group to Examine the Classification of and
Access to Public Records Maintained by Certain State Agencies
Sec. 1. Definitions. Resolved: That, as used in this resolve, unless the context
otherwise indicates, the following terms have the following meanings.
1. "Department" means the Department of Inland Fisheries and Wildlife.
2. "Right to Know Advisory Committee" means the Right to Know Advisory
Committee established under the Maine Revised Statutes, Title 1, section 411.
Sec. 2. Working group established. Resolved: That the department, in
consultation with the Right to Know Advisory Committee, shall convene a working group
to examine the classification and accessibility of public records maintained by the state
agencies identified in section 3 and the associated fees that may be charged for those public
records, referred to in this resolve as "the working group." The department shall provide
administrative support to the working group as needed.
Sec. 3. Working group members. Resolved: That the working group consists
of the following members:
1. One member from the department, appointed by the Commissioner of Inland
Fisheries and Wildlife, who serves as chair;
2. Two members from the Right to Know Advisory Committee who are not Legislators,
one of whom must be the member appointed to represent law enforcement interests
pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 2, paragraph F,
appointed by the chair of the Right to Know Advisory Committee;
3. One member from the office of the Secretary of State, appointed by the Secretary of
State;
4. One member from the Department of Marine Resources, appointed by the
Commissioner of Marine Resources; and
5. One member from the Department of Public Safety, appointed by the Commissioner
of Public Safety.
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 The chair of the working group may appoint additional members as determined
necessary by a majority of the working group's members. The working group shall consult
with a representative from the Office of the Attorney General, designated by the Attorney
General, to assist the working group in its deliberations as needed.
Sec. 4. Selection of members. Resolved: That, no later than 30 days following
the effective date of this resolve, the Right to Know Advisory Committee and the state
agencies identified in section 3 shall notify the department of the member or members
selected for participation in the working group.
Sec. 5. Duties. Resolved: That the working group shall:
1. Determine the classification and accessibility of public records by:
A. Reviewing the current provisions of the Freedom of Access Act;
B. Determining which records in the possession of the state agencies identified in
section 3 are subject to disclosure under the Freedom of Access Act and which records
are not; and
C. Identifying categories of information that the state agencies identified in section 3
should have the ability to designate as confidential and not subject to public disclosure;
2. Evaluate fees for public records requests by:
A. Examining and recommending appropriate fees for processing large-scale requests
for public records; and
B. Considering a reasonable cost structure that balances public access with
administrative burdens; and
3. Consider additional areas for review by identifying any other issues related to public
records management, retention and disclosure as appropriate.
Sec. 6. Report. Resolved: That, no later than January 14, 2026, the working group
shall submit a report that includes the working group's findings and recommendations,
including suggested legislation, to the Joint Standing Committee on Judiciary; the Joint
Standing Committee on Inland Fisheries and Wildlife; the Joint Standing Committee on
Marine Resources; and the Joint Standing Committee on Criminal Justice and Public
Safety. Each committee that receives a report may report out a bill related to the report to
the Second Regular Session of the 132nd Legislature.
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