An Act Concerning the Regulation of Certain Information to Protect Privacy
Maine Legislature, Session 122, LD 1638
Committee Amendment CA_A_H516 (House)
Amends: 32 MRSA §16411

Clerk of 
COMMITTEE AMENDMENT .. It. to H.P. 1156, L.D. 1638, Bill, "An 
Act Concerning the Regulation of Certain Information to Protect 
Privacy" 
Amend the bill after the enacting clause (page 1, line 3 in 
L.D.) by striking out the following: "PART A" 
Further amend the bill in Part A by striking out all of 
sections 9, 10, 11 and 12. 
Further amend the bill in Part A by inserting after section 
the following: 
'Sec. A-19. 32 MRSA §16411, sub-§9, as enacted by PL 2005, c. 
65, Pt. A, §1, is amended to read: 
9. 
Privacy 
provisions. 
A 
broker-dealer 
licensed 
or 
required to be licensed under this chapter and an investment 
adviser licensed or required to be licensed under this chapter 
shall 
comply 
with 
the 
privacy 
prov~s~ons 
of 
the 
federal 
Gramm-Leach-Bliley Act, 
United States Code, Section 6801 et 
seq. (1999) and the implementing Regulation S-P, federal Privacy 
of 
Consumer 
Financial 
Information, 
Code 
of 
Federal 
Regulations, 
Part 
(2001) 
adopted 
by 
the 
Securities 
and 
Exchange Commission. This subsection is not intended to permit 
the release of health care information except as permitted by 
Title 22, section 1711-C or Title 24-A, chapter 24. 
A broker-dealer licensed or required to be licensed under this 
chapter and an investment adviser licensed or required to be 
licensed under this chapter may not disclose, directly or through 
an affiliate, to a nonaffiliated 3rd party any nonpublic personal 
COMMITTEE AMENDMENT 
t-t.~ 
COMMITTEE AMENDMENT "Pr to H.P. 1156, L.D. 1638 
information unless the person to whom the information pertains 
has affirmatively consented to the disclosure in writing and has 
not withdrawn that consent. 
This subsection does not prohibit 
the disclosure of nonpublic personal information by 
a 
person 
subject to this chapter to a nonaffiliated 3rd party to the 
extent 
such 
a 
disclosure 
is 
permitted 
by 
the 
federal 
Gramm-Leach-Bliley Act, 
United States Code, 
Section 6802, 
subsection b, paragraph 2 and subsection e. 
As 
used in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
terms 
"affiliate," "nonaffiliated 3rd party" and "nonpublic personal 
information" 
have 
the 
same 
meanings 
as 
in 
the 
federal 
Gramm-Leach-Bliley Act. 15 United States Code, Section 6801 et 
seq. (1999).' 
Further amend the bill in Part A by inserting after section 
the following: 
. Sec. A-20. Effective date. 
That section of 
amends 
the Maine 
Revised Statutes, Title 32, 
subsection 9 takes effect December 31, 2005.' 
this Act that 
section 16411, 
Further amend the bill by striking out all of Part B. 
Further amend the bill 
nonconsecutive 
consecutively. 
Part 
letter 
by relettering 
or 
section 
SUMMARY 
or renumbering 
number 
to 
any 
read 
This amendment is the minority report of the committee. 
The 
amendment removes a provision of the bill that eliminates certain 
opt-in 
requirements 
for 
disclosures 
under 
the 
Insurance 
Information and Privacy Protection Act. 
The amendment adds a 
provision to account for the enactment of the Maine Uniform 
Securities Act effective December 31, 2005. 
The amendment also 
removes the prov1S1on of the bill that required approval of 
voters at a statewide referendum before the Act could take effect. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/16/05 ~aC!-
LD 1638 
LR2052(02) 
An Act Concerning the Regulation of Certain Information to Protect Privacy 
Fiscal Note for Bill as Amended by Committee Amendment 'iJ' 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
LR2052(2) - Fiscal Note - Page 1 of 1