LD 1957
pg. 3
Page 2 of 13 An Act To Implement the Recommendations of the Committee To Study Compliance wi... Page 4 of 13
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LR 2823
Item 1

 
confidential or otherwise not a public record for purposes of
chapter 13, subchapter 1.

 
2.__Review committee.__"Review committee" means the joint
standing committee of the Legislature having jurisdiction over
judiciary matters.

 
§432.__Exceptions to public records; review

 
1.__Recommendations.__During the second regular session of
each Legislature, the review committee shall report out
legislation containing its recommendations concerning the repeal,
modification and continuation of public records exceptions and
any recommendations concerning the exception review process.

 
2.__Process of evaluation.__According to the schedule in
section 434, the review committee shall evaluate each public
records exception that is scheduled for review that biennium.__
The review committee shall use the following criteria to
determine whether each exception scheduled for review should be
repealed, modified or remain unchanged:

 
A.__Whether a record protected by the exception still needs
to be collected and maintained;

 
B.__The value to the agency or official or to the public in
maintaining a record protected by the exception;

 
C.__Whether federal law requires a record to be
confidential;

 
D.__Whether the exception protects an individual's privacy
interest and, if so, whether that interest substantially
outweighs the public interest in the disclosure of records;

 
E.__Whether public disclosure puts a business at a
competitive disadvantage and, if so, whether that business's
interest substantially outweighs the public interest in the
disclosure of records;

 
F.__Whether public disclosure compromises the position of a
public body in negotiations and, if so, whether that public
body's interest substantially outweighs the public interest
in the disclosure of records;

 
G.__Whether public disclosure jeopardizes the safety of a
member of the public or the public in general and, if so,
whether that safety interest substantially outweighs the
public interest in the disclosure of records;


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