An Act To Amend the Laws Relating to Government Records
Maine Legislature, Session 124, LD 1718
Committee: State and Local Government
Sponsors: ADAMS, SIMPSON, BOLAND
Amends: 5 MRSA §92-A, 5 MRSA §95

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No.I71S 
H.P. 1219 
HouseofRepresentatives, January 6,2010 
An Act To Amend the Laws Relating to Government Records 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative ADAMS of Portland. 
Cosponsored by Senator SIMPSON of Androscoggin and 
Representative: BOLAND of Sanford. 
Printed on recycled paper 
'IJ1~ 1J1.1T!tlC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §92-A, sub-§5, as amended by PL 1997, c.636, §3, is further 
amended to read: 
5. 
Record. 
"Record" means all documentary material, regardless of media or 
characteristics and regardless of when it was created, made or received and or maintained 
by an agency in accordance with law or rule or in the transaction of its official business. 
"Record" does not include extra copies of printed or processed material of which official 
or record copies have been retained, stocks of publications and processed documents 
intended for distribution or use or records relating to personal matters that may have been 
kept in an office for convenience. ' 
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"RecOrd" includes records of historic and archival value to the State, regardless of the 
date of their generation, including all documents determined to have such value to the 
State by statute and, when appropriate, by the State Archivist. 
Sec. 2. 5 MR8A §95-A, sub-§l, as amended by PL 1997, c. 636, §7, is further 
amended to read: 
1. Ownership and possession; notice and demand of return. A record created by 
or belonging to the State, to a local or county government in the State or to any agency of 
the State remains the property of the State until ownership and possession are formally 
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relinquished in accordance with statute and rules. Whenever the State Archivist has 
reasonable grounds to believe that records belonging to the State or to a local government 
or any agency of the State or to which the State or its agencies have a lawful right of 
possession are in the possession of a person or entity not authorized by the State 
Archivist, other lawful custodian or by law to possess those records, the State Archivist 
may issue a written notice and demand to that person or entity for the immediate return of 
the records. The notice and demand must be sent by certified or registered mail, return 
receipt requested. The notice and demand must identify the records claimed to belong to 
the State or local government with reasonable specificity. Upon receipt of the notice and 
demand, the person or entity in the possession of records claimed to belong to the State or 
local government may not destroy, alter, transfer, cOf!vey or otherWise alienate those 
records unless authorized in writing by the State Archivist or by an order issued by a 
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court of competent jurisdiction: The notice and demand must specifically state that any 
transfer, conveyance or other alienation of the records afte~ receipt of the notice and 
demand constitutes a Class E crime in violation of section 97. 
Sec. 3. 5 MRSA §95':'A, sub-§6 is enacted to read: 
6. 
Licensed auctioneer to notify State Archivist. 
A person licensed as an 
auctioneer in accordance with Title 32, chapter 5-B who, in the course of conducting an 
auction or offering to sell property at auction or on consignment, has reasonable suspicion 
to believe that records 'belonging to the State or to'a local government or agency of the 
State are in the possession of a person or entity not authorized by the State Archivist or 
other lawful custodian or by law to possess those records shall promptly notify the State 
Archivist of the nature of the records, where they are located and by whom they 'are 
possessed. If the auctioneer has physical possession of the records, the auctioneer may 
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not sell or transfer the records for a period of 30 days after notification to the State 
Archivist, pending the issuance of the notice and demand by the State Archivist pursuant 
to subsection 1. 
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A licensed auctioneer who fails to comply with the requirements of this subsection is 
subject to the provisions of Title 32, section 291-A. 
Sec. 4. 32 MRS A §291-A, sub-§2, as enacted by PL 2007, c. 402, PLG, §7, is .' 
amended to read: 
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2. Record-keeping violations. Failure to comply with or properly maintain records 
. required by Title 30-A, section 3971; ef 
Sec. 5. 32 MRSA§291-A, sub-§3, as enacted by PL 2007,c. 402, Pt. G, §7, is 
amended to read:' 
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12. 
3. Improper advertising. Advertising an auction without including the name and 
license number oftheauctioneer7,;",Qr 
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Sec. 6. 32 MRS A §291-A, sub-§4 is enacted to read: . 
4. Failure to notify State Archivist. Failure to comply with the requirements of 
Title 5, section 95-A, subsection 6. 
SUMMARY 
This bill clarifies that government records of historic and archival value to the State, 
regardless of the date of their generation, are the property of the State. 
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The bill clarifies that custody of a record rests with the State until ownership and 
possession are formally relinquished. 
The bill also requires a licensed auctioneer to notify the State Archivist if the 
auctioneer believes. that records belonging to the State are in the possession of a person 
not authorized to have those records. If the auctioneer fails to notify the State Archivist, 
the auctioneer may be denied a license or a disciplinary sanction may be imposed 
pursuant to the Maine Revised Statutes, TitIe)2, 'section 291-A.