(12)__Title 38; and

(13)__Title 39-A.

§434.__Review of proposed exceptions to public records

1.__Procedures before legislative committees.__Whenever a legislative measure containing a new public records exception is proposed, the joint standing committee of the Legislature having jurisdiction over the proposal shall hold a public hearing and determine the level of support for the proposal among the members of the committee.__If there is support for the proposal among a majority of the members of the committee, the committee shall request the review committee to review and evaluate the proposal pursuant to subsection 2 and to report back to the committee of jurisdiction.__A proposed exception may not be enacted into law unless review and evaluation pursuant to subsection 2 have been completed.

2. Review and evaluation.__ Upon referral of a proposed public records exception from the joint standing committee of the Legislature having jurisdiction over the proposal, the review committee shall conduct a review and evaluation of the proposal and shall report in a timely manner to the committee to which the proposal was referred.__The review committee shall use the following criteria to determine whether the proposed exception should be enacted:

A.__Whether a record protected by the proposed exception 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 proposed exception;

C.__Whether federal law requires a record covered by the proposed exception to be confidential;

D.__Whether the proposed 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;