CHAPTER 62
H.P. 1688 - L.D. 2394
An Act to Allow Limited Access to Information Relating to Investigation of Abuse at the Governor Baxter School for the Deaf
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Joint Standing Committee on Judiciary, through its subcommittee, has been reviewing information relating to abuse claims by students of the Governor Baxter School for the Deaf; and
Whereas, much information, including records, relating to previous investigations of abuse at the school is confidential; and
Whereas, it is important that the investigative information be reviewed while the Joint Standing Committee on Judiciary is developing a response to the claims of abuse; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Access to information. Notwithstanding any Maine law prohibiting or limiting access to information, including records, relating to previous investigations or allegations of abuse at the Governor Baxter School for the Deaf, the members of the Joint Standing Committee on Judiciary, referred to in this Act as the "committee," may review such information solely for the purpose of developing a response to the claims of abuse. The Governor Baxter School for the Deaf, any department and any agency having records relating to previous investigations or allegations of abuse at the school shall immediately notify the committee and make those records available for review.
Sec. 2. Process. Review of the records must proceed as follows.
1. The members of the committee may review the information and may not disclose the contents except as provided in this Act. The committee shall treat all the information as confidential, unless otherwise instructed by the Attorney General or the court.
2. The following persons have the same access to the information, including records, subject to this Act as the committee and have the right to be present at executive sessions held by the committee: nonpartisan staff assigned to the committee, the Office of the Attorney General and other persons identified by the committee as being involved in previous investigations. A person who has access to confidential information and records under this Act may not make any disclosure outside of the executive session.
3. The committee may use the information in drafting a report, recommendations and legislation as long as this is done in a manner that does not directly or indirectly identify any Governor Baxter School for the Deaf student or student's family member, unless the student or family member has consented to such use in writing. Discussion of identifying information may occur only in executive session pursuant to the Maine Revised Statutes, Title 1, section 405, subsection 6, paragraph F and this Act.
4. The committee shall at all times keep the records in a safe place to which the public does not have access.
5. The committee shall complete review of the information during the Second Regular Session of the 119th Legislature.
6. When the committee has completed its review of records, the committee shall return the records to the provider of the records.
Sec. 3. Immunity. An employee of the State or of the Governor Baxter School for the Deaf is not civilly or criminally liable for providing access to information in compliance with this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 14, 2000.
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