Maine Legislature, Session 122, LD 2055
Committee Amendment CA_A-HA_E_H1110 (House)
Amends: 12 MRSA §6173-A

HOUSE 
AMENDMENT "6,, to COMMITTEE 
1449, 
L.D. 
2055, 
Bill, 
"An 
Act 
To 
Inconsistencies in the Laws of Maine" 
AMENDMENT 
Correct 
"A" 
to H.P. 
Errors 
and 
Amend the amendment by adding after Part E the following: 
'PARTF 
Sec. F-l. 12 MRSA §6173-A is enacted to read: 
§6113-A. 
Maine Working Waterfront Access Pilot Program; 
confidentiality for prQPrieta~ information 
Except 
as 
provided in subsections 
and 
2, 
information 
obtained by the department under this section is a public record 
as provided by Title 1, chapter 13, subchapter 1. 
1. 
Confidential information. 
Information submitted to the 
department under the provisions of the Maine Working Waterfront 
Access Pilot Program established by Public Law 2005, chapter 462 
may be designated by the submittor as proprietary information and 
as being only for the confidential use of the department, its 
agents and employees, 
other agencies of State Government, 
as 
authorized 
by 
the 
Governor, 
and 
the 
Attorney 
General. 
The 
designation must be clearly indicated on each page or other unit 
of information. The commissioner shall establish procedures to 
ensure that information so designated is segregated from J?ublic 
records of the department. The department's public records must 
include the indication that information so designated has been 
submitted to the department, giving the name of the submittor and 
the general 
nature 
of 
the 
information. 
Upon 
a 
reguest 
for 
information 
the 
scope 
of 
which 
includes 
information 
so 
designated, the commissioner shall notify the submittor. Within 
days 
after 
receipt 
of 
the 
notice, 
the 
submittor 
shall 
HOUSE AMENDMENT 
t.'" 
HOUSE 
AMENDMENT "b- to COMMITTEE 
AMENDMENT 
"A" 
L.D. 2055 
to H.P. 1449, 
demonstrate 
to 
the 
satisfaction of 
the 
department 
that 
the 
designated 
information 
should 
not 
be 
disclosed 
because 
the 
information 
is 
proprietary 
information. 
Unless 
such 
a 
demonstration is made, 
the information must be disclosed and 
becomes 
a 
public 
record. 
The 
department 
may 
grant 
or 
deny 
disclosure for all or any part of the designated information 
reguested and within 15 days shall give written notice of the 
decision 
to 
the 
submittor 
and 
the 
person 
reguesting 
the 
designated information. A person aggrieved by a decision of the 
department ynder this sybsection may appeal to the Superior Court. 
2. 
Release information. 
The commissioner may not release 
information designated under subsection 1 prior to the expiration 
of the time allowed for the filing of an appeal or to the 
rendering of the decision on any appeal. 
3. 
liIonconfidential information. 
Any information that 
1S 
collected 
by 
any 
other 
local, 
state 
or 
federal 
agency 
or 
information 
reguired 
by 
the 
department 
for 
the 
purpose 
of 
obtaining a permit, license, certification or other approval may 
not be designated or treated as confidential information under 
subsection 1. 
4. 
Definition. 
For 
the 
purposes 
of 
this 
section, 
"proprietary information" 
means 
information that 
is 
a 
trade 
secret or production, 
commercial or financial information the 
disclosure of which would impair the competitive position of the 
submittor and would 
make 
available information not otherwise 
publicly available .• 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by relettering or renumbering 
or 
section 
number 
to 
read 
SUMMARY 
This amendment provides for the protection of proprietary 
information by the Department of Marine Resources under the Maine 
Working Waterfront Access pilot Program. 
SPONSORED BY: 
(Representative 
TOWN: 
Auburn 
HOUSE 
AMENDMENT