An Act To Protect Confidential Consumer Records in Self-service Storage Facilities
Maine Legislature, Session 124, LD 0366
Sponsors: BOWMAN, WHEELER
Amends: 10 MRSA §1372, 10 MRSA §1375, 10 MRSA §1377, 10 MRSA §1378

Legislative Document 
No. 366 
S.P.130 
In Senate, February 5, 2009 
An Act To Protect Confidential Consumer Records in Self-service 
Storage Facilities 
Reference to the Committee op. Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BOWMAN of York. 
Cosponsored by Repre,sentative WEAVER of York and 
Representative: WHEELER of Kittery. 
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Printed on recycled paper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1372, imb-§l-A is enacted to read: 
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I-A. 
Bureau. 
"Bureau" means the Department of Professional and Financial 
Regulation, Bureau of Consumer Credit Protection. 
Sec. 2. 10 MRSA §1372, sub-§I-B is enacted to read: 
I-B. Facility. "Facility" means a self-serVice storage facility. 
Sec. 3. 10 MRSA §1372, sub-§6-A is enacted to read: 
6-A. Personal record.. "Personal record" means a document, piece of computer 
hardware, computer disc or information storage deVice or any either medium (J[jl which 
personal information is stored or able to be copied or read. "Personal record" does not 
include a record of an owner or operator of a facility. 
Sec. 4. 10 MRSA §1375, sub-§l, as enacted by PL 1989, c. 62, is amended to 
read: 
1. Sale; use of proceeds. If the occupant is in default for a period of more than 45 
days, the operator may enforce a lien by selling the property, except a personal record, 
stored in the leased space at a public or private sale for cash. Proceeds shall.must then be 
applied to satisfy the lien, with any surplus disbursed as provided in subsection 5. 
Sec. 5. 10 MRSA §1377 is enacted to read: 
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§1377. Personal records 
This section involves a facility's treatment of personal records. 
1. Registration with bureau. A facility must register annually with the bureau. 
The registration must be on a form provided by the bureau and include a copy of the 
facility's personal records disposal policy as required by subsection 3. Notwithstanding 
the provisions of section 1375, the registration and personal records disposal policy must 
be approved by the bureau before the facility can dispose of property in any manner. 
. 2 .. RelrtstratioD form. The bureau shall provide a registration form for a facility 
under subsection r to Fecord all necessary information to identify the facility, its 
ownership and physical' location. The bureau shall provide guidelines sufficient for a 
facility to adopt a personal records disposal policy under subsection 3. A registered 
facility must inform the bureau if any registration information changes. 
3. Personal records disposal policy. A facility must adopt a personal records 
disposal poricy for the treatment of a personal record located at the faCility. Pursuant to 
subsection 2, the policy must conform to bureau 'guidelines and be approved by the 
bureau. 
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4. Release of records. A facility may not auction, sell, give, dispose of or otheIWise 
allow a personal record located at the facility to be released other than to the occupant of 
the leased space who placed the record at the facility or pursuant to the facility's personal 
records disposal policy that has been approved by the bureau. If there has been a security 
breach or other unintentional release of a personal record located at the facility, the 
facility must notify the bureau and otheIWise follow the procedures pursuant to section 
1348. 
5. Fee. The bureau may charge a registration fee that is reasonable and necessary for 
the administration of this section. 
Sec. 6. 10 MRSA §1378 is enacted to read: 
§1378. Administration; rules 
The provisions of Title 9-A, article 6 apply to the administration of this chapter. The 
bureau may adopt rules to carry out the purposes of this section. Rules adopted pursuant 
to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires self-service storage facilities to register with the Department of 
Professional and Financial Regulation, Bureau of Consumer Credit Protection. As part of 
this registration, self-service storage facilities must give identifying information and 
submit a personal records disposal plan subject to the Bureau of Consumer Credit 
Protection's approval. Self-service storage facilities may not dispose of property left by 
an occupant in any manner that does not comply with their personal records disposal 
plan. Self-service storage facilities are required to notify the bureau and follow the 
security breach notification laws if there is a security breach or if personal records are 
otheIWise unintentionally released to the public. This bill gives the Bureau of Consumer 
Credit Protection administrative authority over self-service storage facilities.