‘An Act Concerning Concealed Handgun Permit Holder Personal Information’
| HP0250 LD 345 |
Session - 126th Maine Legislature C "B", Filing Number H-90, Sponsored by
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LR 880 Item 3 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Concerning Concealed Handgun Permit Holder Personal Information’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
Sec. 1. 25 MRSA §2006, as amended by PL 2011, c. 662, §15, is repealed and the following enacted in its place: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
(1) The applicant is an active or retired law enforcement officer or corrections officer;
(2) The applicant is an active or retired state or federal magistrate, judge or justice;
(3) The applicant is or was a prosecuting attorney;
(4) The applicant is protected by a currently valid protection from abuse order;
(5) The applicant is or was a witness in a criminal proceeding involving a criminal charge; or
(6) The applicant is participating or previously participated as a juror in a criminal proceeding or is or was a member of a grand jury;
This subsection does not prohibit access to the information by law enforcement officers within the scope of their official duties.
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 protected under the Maine Revised Statutes, Title 25, section 2006, subsection 3 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 permit 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.’
SUMMARY
This amendment is the minority report of the Joint Standing Committee on Judiciary.
This amendment replaces the bill and deletes the emergency preamble and emergency clause.
This amendment 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 a public record, except that the personally identifying information about certain individuals may be protected from disclosure upon request. Information about the following permit holders is confidential and may not be released if the permit holder stated in the application the following:
1. The applicant’s life or safety may be endangered by disclosure because:
2. The applicant has reason to believe that the applicant’s life or safety may be endangered by disclosure due to reasons stated by the applicant in an affidavit; or
3. The applicant has reason to believe that the applicant may be subject to unwarranted harassment upon disclosure of such information.
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.