An Act To Protect the Privacy of Persons Involved in Reportable Motor Vehicle Accidents
Maine Legislature, Session 125, LD 1167
Committee Amendment CA_A_H405 (House)
Amends: 29-A MRSA §2251

COMMITTEE AMENDMENT" /1" to H.P. 865, L.D. 1167, Bill, "An Act To 
Protect the Privacy of Persons Involved in Reportable Motor Vehicle Accidents" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRS A §2251, sub-§7, as amended by PL 2003, c. 709, §4, is 
repealed. 
Sec. 2. 29-A MRS A §2251, sub-§7-A is enacted to read: 
7-A. Report information; dissemination of reports and report information. 
Information contained in accident reports must be treated as follows. 
A. An accident report made by an investigating officer or a report made by a person 
as required by subsection 2 is for the purposes of statistical analysis and accident 
prevention. 
A repOlt or statement contained in the accident report, or a report as 
required by subsection 2, a statement made or testimony taken at a hearing before the 
Secretary of State held under section 2483 or a decision made as a result of that 
report. statement or testimony may not be admitted in evidence in any trial, civil or 
criminal, arising out of the accident. A report may be admissible in evidence solely 
to prove compliance with this section. 
B. Notwithstanding subsection 7-B, a law enforcement officer may publicly disclose 
the date, time and location of the accident and the names and municipalities of 
residence of operators, owners, injured persons, witnesses and the investigating 
officer. 
C. Accident reports and, except as provided in paragraph B, infonnation contained in 
accident reports are confidential and may be released only to a person who was 
involved in the accident that is the subject of the report, as well as to: 
(1) 
The person's licensed attorney, licensed insurance representative or 
authorized agent if the authorization is evidenced in writing; 
(2) The person's insurance carrier or insurance producer; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to H.P. 865, L.D. 1167 
(3) The person's family or household members, as long as no temporary or 
permanent protection from abuse or protection from harassment order against the 
requesting family or household member is in effect at the time the request is 
made. For the purposes of this paragraph, "family or household members" has 
the same meaning as in Title 19-A, section 4002, subsection 4; 
(4) If the person is a minor, the person's parent or legal guardian, as long as no 
temporary or permanent protection from abuse or protection from harassment 
order against the requesting parent or legal guardian is in effect at the time the 
request is made; 
(5) An attorney licensed to practice law in this State, but only if the request is 
made for the purpose of informing a potential or pending criminal or civil case, 
or for use in such a case, if the case involves a specifically identified person who 
may be or is a party to the potential or pending case. 
Except to the extent 
necessary to use a report or report information in the context of potential or 
pending criminal or civil litigation, further dissemination of reports or report 
information provided to a person pursuant to this subparagraph is prohibited; 
(6) Another criminal justice agency. For the purposes of this subparagraph, 
"criminal justice agency" has the same meaning as in Title 16, section 611, 
subsection 4; 
(7) The bureau; and 
(8) An insurance support organization. Except to the extent necessary to use a 
report or report information in carrying out the services of an insurance support 
organization, further dissemination of reports or report information provided to 
an insurance support organization pursuant to this subparagraph is prohibited. For 
purposes of this sub~aragraph, "insurance support organization" has the same 
meaning as in Title 24-A, section 2204, subsection 17. 
The cost of furnishing a copy of a report is not subject to the limitations of Title 1, 
section 408, subsection 3. 
Sec. 3. 29-A MRSA §2251, sub-§7-B is enacted to read: 
7-B. Accident report database; public dissemination of accident report data. 
Data contained in an accident report database maintained, administered or contributed to 
by the Department of Public Safety, Bureau of State Police must be treated as follows. 
A. For purposes of this subsection, the following terms have the following meanings. 
(1) "Data" means information existing in an electronic medium and contained in 
an accident report database. 
(2) 
"Nonpersonally identifying accident report data" means any data in an 
7 
accident report that are not personally identifying accident report data. 
(3) "Personally identifying accident report data" means: 
(a) An individual's name, residential and post office box mailing address, 
social security number, date of birth and driver's license number; 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT 'A .. to H.P. 865, L.D. 1167 
(b) A vehicle registration number; 
(c) An insurance policy number; 
Cd) Information contained in any free text data field of an accident report; 
and 
eel Any other information contained in a data field of an accident report that 
may be used to identify a person. 
B. 
The Department of Public Safety, Bureau of State Police may not publicly 
disseminate personally identifying accident report data that are contained in an 
accident report database maintained, administered or contributed to by the Bureau of 
State Police. Such data are not public records for the purposes of Title 1, chapter 13. 
C. 
The Department of Public Safety, Bureau of State Police may publicly 
disseminate nonpersonally identifying accident report data that are contained in an 
accident report database maintained, administered or contributed to by the Bureau of 
State Police. The cost of furnishing a copy of such data is not subject to the 
limitations of Title 1, section 408. 
Sec. 4. 29-A MRSA §2251, sub-§8, as amended by PL 2001, c. 360, § 15, is 
further amended to read: 
8. Violation. A person commits a Class E crime if that person: 
A. Is required to make an oral or written report and knowingly fails to do so within 
the time required; 
B. Is an operator involved in a reportable accident and knowingly fails to give a 
correct name and address when requested by an officer at the scene; ef 
C. 
Is the operator involved in a reportable accident or the owner of a vehicle 
involved in a reportable accident and knowingly fails to produce the vehicle or, if the 
vehicle is operational, return it to the scene when requested by the investigating 
officer.,.~ 
D. 
Intentionally or knowingly makes a material misstatement of fact on any 
application or document, including, but not limited to, an electronic application or 
document, submitted either in support of or asa request made for a copy of an 
accident report under this section; or 
E. Intentionally or knowingly further disseminates a report or report information that 
has been provided to a person pursuant to subsection 7-A, paragraph C, subparagraph 
(5), except to the extent permitted by that subparagraph.' 
SUMMARY 
This amendment, which is the majority report, strikes and replaces the bill. The 
amendment reorganizes the provision of law relating to accident report information and 
makes technical changes. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 11" to H.P. 865, L.D. 1167 
The amendment provides that accident reports and information contained in accident 
reports, except as otherwise provided, are confidential and may be released only to a 
person who was involved in the accident that is the subject of the report as well as to: 
1. That person's licensed attorney, licensed insurance representative or authorized 
agent if authorization is evidenced in writing; 
2. That person's insurance carrier or insurance producer; 
3. That person's family or household members, as long as no temporary or permanent 
protection from abuse or protection from harassment order against the requesting family 
or household member is in effect at the time the request is made; 
4. If the person is a minor, that person's parent or legal guardian, as long as no 
temporary or permanent protection from abuse or protection from harassment order 
against the requesting parent or legal guardian is in effect at the time the request is made; 
5. An attorney licensed to practice law in this State, but only if the request is made 
for the purpose of informing a potential or pending criminal or civil case, or for use in 
such a case, if the case involves a specifically identified person who may be or is a party 
to the potential or pending case; 
6. Another criminal justice agency; 
7. The Department of the Secretary of State, Bureau of Motor Vehicles; and 
8. An insurance support organization. 
The amendment provides that the Department of Public Safety, Bureau of State 
Police may not publicly disseminate personally identifying accident report data that are 
contained in an accident report database maintained, administered or contributed to by the 
Bureau of State Police, but may publicly disseminate nonpersonally identifying accident 
report data. 
The amendment also provides that a person commits a Class E crime if that person 
intentionally or knowingly makes a material misstatement of fact on any application or 
document submitted either in support of or as a request made for a copy of an accident 
report or intentionally or knowingly further disseminates a report or report information 
that has been provided to an attorney pursuant to law. 
The amendment also defines "data" as information existing in an electronic medium 
and contained in an accident report database. 
FISCAL NOTE REQL"lRED 
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(See attached) 
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COMMITTEE AMENDMENT 
Approved: OS/28111 
;!!:vac.=. 
LD 1167 
LR2038(02) 
An Act To Protect the Privacy of Persons Involved in Reportable Motor Vehicle Accidents 
Fiscal Note for Bill as Amended by Committee Amendment "Pr' 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2038(02) - Fiscal Note - Page 1 of 1