An Act To Amend the Laws Governing Public Records
Sec. 1. 1 MRSA §402, sub-§3, ¶Q, as amended by PL 2011, c. 149, §2, is further amended to read:
Sec. 2. 1 MRSA §402, sub-§3, ¶R, as enacted by PL 2011, c. 149, §3, is amended to read:
Sec. 3. 1 MRSA §402, sub-§3, ¶S is enacted to read:
Sec. 4. 1 MRSA §408-A, sub-§8, ¶B, as enacted by PL 2011, c. 662, §5, is amended to read:
Sec. 5. 30-A MRSA §4353, sub-§4-A, as repealed and replaced by PL 2009, c. 342, §1, is amended to read:
The board may impose conditions on the variance granted pursuant to this paragraph, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. For the purposes of this paragraph, the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
The person with the permanent disability shall prove by a preponderance of the evidence that the person's disability is permanent.
For purposes of this paragraph, "noncommercial vehicle" means a motor vehicle as defined in Title 29-A, section 101, subsection 42 with a gross vehicle weight of no more than 6,000 pounds, bearing a disability registration plate issued pursuant to Title 29-A, section 521 and owned by the person with the permanent disability.
The board may impose conditions on the variance granted pursuant to this subsection.
For purposes of this subsection, "disability" has the same meaning as a physical or mental disability under Title 5, section 4553-A.
This bill amends the laws governing public records in 3 ways. First, it adds an exception to the definition of "public records" under the Freedom of Access Act for e-mail addresses obtained by a political subdivision of the State for the sole purpose of disseminating noninteractive communications to individuals. Second, the bill eliminates the cap on the hourly rate that a governmental entity may charge to cover the actual cost of searching for, retrieving and compiling a requested public record and establishes a definition of "actual cost" that is tied to the hourly rate paid to employees to fulfill a request. Third, the bill creates an exception to the Freedom of Access Act for documents submitted to a municipal board of appeals that describe or verify the mental or physical disability of a person who is seeking a variance from certain land use regulations in order to accommodate the disability.