An Act To Protect Critical Homeland Security Information
Maine Legislature, Session 121, LD 1582
Committee: Judiciary
Sponsors: ROTUNDO, BRUNO, COLWELL, MOODY
Amends: 1 MRSA §402

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1582 
S.P.541 
In Senate, April 28, 2003 
An Act To Protect Critical Homeland Security Information 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator ROTUNDO of Androscoggin. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: BRUNO of Raymond, Speaker COLWELL of Gardiner, 
McLAUGm...IN of Cape Elizabeth, MOODY of Manchester. 
Prin.ed on m:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §402, sub-§3, 11K, as amended by PL 2001, c. 
675, §2, is further amended to read: 
K. 
Personally identifying 
information 
concerning minors 
that 
is 
obtained 
or 
maintained 
by 
a 
municipality 
in 
providing recreational or nonmandatory educational programs 
or services, if the municipality has enacted an ordinance 
that specifies the circumstances in which the information 
will be withheld from disclosure. 
This paragraph does not 
apply to records governed by Title 20-A, section 6001 and 
does not supersede Title 20-A, section 600l-A; aBe 
Sec. 2. 1 MRS A §402, sub-§3, 1\L, as enacted by PL 2001, c. 
675, §3, is amended to read: 
L. 
Records describing security and information technology 
system 
plans, 
security 
procedures 
or 
risk 
assessments 
prepared specifically for 
the 
purpose 
of 
preventing 
or 
preparing for acts of terrorism, but only to the extent that 
release 
of 
information 
contained 
in 
the 
record 
could 
reasonably be expected to jeopardize the physical safety of 
government personnel or the public. 
Information contained 
in records covered by this paragraph may be disclosed to the 
Legislature or, in the case of a political or administrative 
subdivision, to municipal officials or board members under 
conditions 
that 
protect 
the 
information 
from 
further 
disclosure. 
For purposes of this paragraph, 
"terrorism" 
means 
conduct that is designed to 
cause serious bodily 
injury or substantial risk of bodily injury to multiple 
persons, substantial damage to multiple structures whether 
occupied 
or 
unoccupied 
or 
substantial 
physical 
damage 
sufficient to disrupt the normal functioning of a critical 
infrastructure. 
For 
purposes 
of 
this 
paragraph, 
"information technology system" 
includes 
a 
voice, 
video, 
radio or data system: and 
Sec.3. 1 MRS A §402, sub-§3, 11M is enacted to read: 
M. 
Records or information that may jeopardize the security, 
availability, confidentiality or integrity of, or corrupt 
the data residing in, state and local government information 
technology 
systems, 
including 
records 
describing 
the 
architecture, 
design, 
access, 
encryption or 
security of 
information technology systems and infrastructure. 
"Public 
records" 
also 
does 
not 
include 
records 
or 
information 
related to the risks or threat assessments detailed in 
information 
technology 
business 
continuity 
and 
disaster 
recovery 
planning 
documents. 
Information 
contained 
in 
Page l-LR1979(l) 
documents 
or 
records 
covered 
by 
this paragraph 
may 
be 
disclosed to the Legislature or, in the case of a political 
or administrative SUbdivision, 
to municipal officials or 
board members under conditions that protect the information 
from further disclosure. 
For purposes of this paragraph, 
"information technology system" 
includes 
a 
voice, 
video, 
radio or data system. 
SUMMARY 
This bill adds an exception to the definition of "public 
records" 
in the 
freedom 
of 
access 
laws 
that would protect 
information concerning the security, access to and integrity of 
information 
technology 
systems, 
information 
technology 
plans 
related to homeland security and operating procedures of agencies 
of State Government and local government.