Committee advances LD2106 on consent to enter nonpublic areas and access to protected records; emergency preamble removed
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The committee adopted the majority amendment to LD2106 (model AG policies; limited mandated library categories) and removed the emergency preamble. The motion to Ought To Pass as amended carried 7-2 with five members absent; the committee also conducted language reviews of multiple bills including LD2121, LD2163, LD2193, LD2194, LD2207 and LD2195.
The committee conducted a series of preliminary and final language reviews and advanced LD2106, a bill that would limit consent for entry into nonpublic areas and restrict access to protected records maintained by certain public entities.
Janet Stocco, the legislative analyst, described the majority committee amendment for LD2106, which consolidates model policies and guidance from the Office of the Attorney General and clarifies which libraries are mandated to follow the policy (the Maine State Library, the Law and Legislative Reference Library, libraries of the University of Maine System, the community college system, and the Maine Maritime Academy). Other public libraries that are open to the public but privately funded would have the option to adopt the AG’s model policy rather than being required to do so.
Representative Sato moved to remove the emergency preamble and to vote Ought To Pass as amended (with that change); the committee first voted to reconsider and remove the emergency preamble unanimously, then voted on the amended report. The clerk recorded seven members voting in the affirmative and two in the negative (Representatives Henderson and Babin), with five members absent; the committee advanced LD2106 as amended.
Committee members also reviewed additional bills in preliminary or final language-review form. Highlights included:
- LD2121: converted to a resolve to convene a two-year pilot working group to study methods for enhancing safety of judicial and elected officials with specified invited participants and a proposed pilot start date to be confirmed with the Secretary of State.
- LD2163: amendments clarify crime victims' right to notice and opportunity to be heard when third-party subpoenas implicate victim confidentiality; a minority report would add a 15-day written-notice requirement for certain prosecutor requests for medical records.
- LD2193 and LD2195: related changes on court appointment and consent for assigned counsel; the committee clarified that private attorneys appointed to represent indigent clients must consent in advance and that reimbursement rules will follow PDS procedures.
- LD2194: clarified which branch pays for court-appointed attorneys; committee discussed fiscal impacts and a prior judicial request figure cited during discussion.
What happens next: LD2106 moves forward as amended; other bills remain in committee for further language work or fiscal review.
