‘An Act To Ensure the Confidentiality of Concealed Handgun Permit Holder Personal Information’
| HP0250 LD 345 |
Session - 126th Maine Legislature C "A", Filing Number H-89, Sponsored by
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LR 880 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Ensure the Confidentiality of Concealed Handgun Permit Holder Personal Information’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the lists of all holders of concealed handgun permits in the State, which include personal information of the permit holders such as name, full current address and often date of birth, will revert to being public on April 30, 2013; and
Whereas, the public dissemination of personal information of concealed handgun permit holders may subject a holder to possible identity theft and may put the holder's and the holder's family's well-being at risk; and
Whereas, public access to information about concealed handgun permits that does not include information that personally identifies permit holders is consistent with the underlying principles of the Freedom of Access Act relating to understanding and monitoring how the government carries out its responsibilities; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 25 MRSA §2006, as amended by PL 2011, c. 662, §15, is repealed and the following enacted in its place:
§ 2006. Access to information and proceedings
This subsection does not limit disclosure of confidential information for criminal justice purposes or permitting purposes to law enforcement officers and issuing authorities.
Sec. 2. Statistical information; plan; report. In order to provide meaningful statistical information about concealed handgun permits in this State, the Chief of the State Police shall prepare a plan that meets the requirements of this section. The Chief of the State Police shall submit a report to the Joint Standing Committee on Criminal Justice and Public Safety no later than January 15, 2014 that contains the plan along with any proposed implementing legislation. The Joint Standing Committee on Criminal Justice and Public Safety may report out legislation to the Second Regular Session of the 126th Legislature upon receipt of the report. The plan must include the following elements.
1. Statistical information. The plan must propose a process that results in the availability of statistical information about concealed handgun permits in this State. The information must include at a minimum the following data:
The proposal may include any additional data that may be useful in the analysis of concealed handgun permits and the issuing process, as long as personally identifying information about applicants or permit holders is not disclosed as a public record. The plan must include appropriate reporting periods.
2. Permit. The Chief of the State Police shall review the form of the permits used by issuing authorities and determine if a single model permit form would be desirable. The plan may include a model permit, which may include the integration of a photograph. The plan may recommend the use of a model permit as either advisory or mandatory for all issuing authorities.
3. Statewide information. The plan must include a process for identifying and collecting information from all issuing authorities to provide complete statewide statistical information as required in subsection 1. The Chief of the State Police shall invite issuing authorities to provide suggestions and comments. The plan may eliminate the responsibility of municipal issuing authorities to make information available to the public if the identical information is available from a central state source. The plan must provide for the public availability of statistical information and must provide for an annual report of statewide statistical information.
4. Additional information and recommendations. The Chief of the State Police may include in the report any additional information or recommendations that the chief determines may be useful to the Legislature in addressing issues concerning concealed handgun permits.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect April 30, 2013.’
SUMMARY
This amendment is the majority report of the Joint Standing Committee on Judiciary.
This amendment replaces the bill. It clarifies the current law concerning the confidentiality of concealed handgun permit information. It also provides that the permanent record that an issuing authority is required to make when issuing a concealed handgun permit is confidential, except that the municipality of residence of the permit holder, the date the permit was issued and the date the permit expires are public. The confidential information may be disclosed for criminal justice purposes or permitting purposes to law enforcement officers or issuing authorities.
The amendment directs the Chief of the State Police to develop a plan for the availability of statistical information about concealed handgun permits and the issuing process. The Chief of the State Police shall submit a report to the Joint Standing Committee on Criminal Justice and Public Safety no later than January 15, 2014 that contains the plan along with any proposed implementing legislation. The Joint Standing Committee on Criminal Justice and Public Safety may report out legislation to the Second Regular Session of the 126th Legislature upon receipt of the report. The plan must address specific data elements, whether a model permit would be desirable and a process to collect and make available statewide statistics and may include any other information or recommendations concerning issues about concealed handgun permits.
This amendment includes a mandate preamble to exempt the identified mandate on local government issuing authorities from the finding requirement.
This amendment provides an effective date of April 30, 2013, which is immediately after Resolve 2013, chapter 1 is repealed.