The Baldacci administration and Penn National Gaming, the company that plans to bring slot machines to Maine, are in league to illegitimately deny access to public information and to do it through a process that violates the intent of the state’s Freedom of Access law.

LD 90, “An Act Regarding the Gambling Control Board,” carves out broad exceptions in state law, all in the name of improving Maine’s competitiveness with other states that allow slot-machine gambling. The bill goes too far, and it is up to the Legislature to rein it in.

Gov. Baldacci and the Legislature approved a strict regulatory climate for gambling and created the Gambling Control Board, which has authority to investigate companies and individuals involved in gaming. If LD 90 passes as written, it would shield much of the board’s work from public scrutiny.

The Maine Freedom of Information Coalition, which the Sun Journal supports, says that LD 90 would take records that are public at the state or federal level and make them confidential once the Gambling Control Board gets them. As an example, the criminal records and litigation histories of racino employees would be off-limits for disclosure. Information that is public and available from other sources would be denied to anyone petitioning the board.

No one is arguing that Social Security numbers or the personal medical history of Penn National executives should become public information. But the public does have a compelling interest in the work done by the Gambling Control Board and the research collected on applicants. That includes significant parts of the background checks it performs.

Last year, the Legislature advanced the state’s freedom of information laws, and established a new procedure for how changes should be considered. Guidelines for exemptions were created, and a committee of jurisdiction was designated. Unfortunately, that law doesn’t take effect until Jan. 1, 2006. But the intent of lawmakers is clear: FOA changes should not be considered hastily and should go before the Judiciary Committee.

LD 90 will be discussed today in a hearing before the Committee on Legal and Veterans Affairs. While this committee has jurisdiction over gambling, FOA issues are best handled by the Judiciary Committee.

The issues at stake are not whether Maine voters approved slot machines at harness racing tracks: They did. The issue is whether the Gambling Control Board should be allowed to subvert the laws of the state that guarantee public access to information. It should not.