LD 127

132nd MAINE LEGISLATURE
  FIRST REGULAR SESSION-2025
Legislative Document  No. 127
S.P. 55  In Senate, January 8, 2025
  An Act to Strengthen Legislative Oversight of Government Agencies
  and Programs by Reaffirming the Legislature's Access to
  Confidential Records
  (EMERGENCY)
   Reference to the Committee on Judiciary suggested and ordered printed.
  DAREK M. GRANT
  Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative ARATA of New Gloucester and
Senators: BAILEY of York, BENNETT of Oxford, DUSON of Cumberland, TIMBERLAKE
of Androscoggin, TIPPING of Penobscot, Representatives: BLIER of Buxton, LEE of Auburn,
STOVER of Boothbay.
  Printed on recycled paper
1    Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3     Whereas, this legislation provides that the Government Oversight Committee may
4 receive information and records that are privileged and confidential and that that
5 information and those records are exempt from public disclosure; and
6     Whereas, the Government Oversight Committee requires immediate access to the
7 records of children who died in the State in order to complete its investigation of the
8 Department of Health and Human Services, Office of Child and Family Services; and
9     Whereas, in the judgment of the Legislature, these facts create an emergency within
10 the meaning of the Constitution of Maine and require the following legislation as
11 immediately necessary for the preservation of the public peace, health and safety; now,
12 therefore,
13 Be it enacted by the People of the State of Maine as follows:
14     Sec. 1. 3 MRSA §994, sub-§11, as amended by PL 2005, c. 104, §2, is further
15 amended to read:
16     11. Information and records available to committee. To receive certain information
17 and records, including information and records that are otherwise privileged or
18 confidential. Information and records that is are made available to the committee is are
19 governed by chapter 21, which governs legislative investigating committees, and by Title
20 1, chapter 13, which governs public records and proceedings, except that, notwithstanding
21 any provision of law to the contrary, privileged or confidential information and records
22 received by the committee under this subsection are confidential; and
23     Emergency clause. In view of the emergency cited in the preamble, this legislation
24 takes effect when approved.
25SUMMARY
26     This bill provides that the Government Oversight Committee may receive information
27 and records that are privileged and confidential and that that information and those records
28 are exempt from public disclosure.
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