An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Records Exceptions
Maine Legislature, Session 126, LD 0420
Committee: Judiciary
Amends: 22 MRSA §1696-D, 22 MRSA §1696-E, 22 MRSA §1696-F, 26 MRSA §3, 26 MRSA §934, 29-A MRSA §152, 29-A MRSA §257, 29-A MRSA §517, 38 MRSA §585-B, 38 MRSA §585-C, 38 MRSA §1310-B

Legislative Document 
No. 420 
H.P. 292 
House of Representatives, February 14, 2013 
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Public Records Exceptions 
Reported by Representative PRIEST of Brunswick for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G. 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1696-D, as amended by PL 1999, c. 57, Pt. B, §3, is further 
amended to read: 
§1696-D.  Response to requests 
When requested under this subchapter, the director shall provide, at a minimum, the 
identity of information about chemical substances in use or present at a specific location, 
unless the substance is a trade secret.  For purposes of this section, "trade secret" means 
any confidential formula, pattern, process, device, information or compilation of 
information, including chemical name, that is used in any employer's business that gives 
the employer an opportunity to obtain any advantage over competitors who do not know 
or use it.  The director may provide information on must include the identity of the 
chemical substance, the chronic and acute health hazards posed by the substance, 
potential routes of exposure, emergency procedures and other subjects as appropriate.  
The director shall report in writing annually by January 1st to the joint standing 
committee of the Legislature having jurisdiction over human resources on the number and 
type of requests received and on the director's response to these requests. 
In the case of a request for information from a municipality or individual concerning 
chemicals in use or present at a specific site, the director shall be required to provide 
information pursuant to this Act only if the specific site is within a 50-mile radius of the 
municipality or within a 50-mile radius of a residence of the individual requesting the 
information. 
Sec. 2.  22 MRSA §1696-E, as enacted by PL 1985, c. 494, §2, is amended to 
read: 
§1696-E.  Cooperation with state agencies 
The director may obtain, upon request, information from and the assistance of the 
Bureau of Labor Standards, Department of Environmental Protection, Bureau of 
Pesticides Control and other state agencies as appropriate in the conduct of investigations 
under this chapter.  Information obtained under this section shall be subject to the trade 
secret provisions governing the agencies supplying the information. 
Sec. 3.  22 MRSA §1696-F, as amended by PL 1999, c. 57, Pt. B, §4, is further 
amended to read: 
§1696-F.  Provision of information 
A person may withhold the identity of a specific toxic or hazardous substance, if the 
substance is a trade secret.  For purposes of this section, "trade secret" means any 
confidential formula, pattern, process, device, information or compilation of information, 
including chemical name, that is used in any employer's business that gives the employer 
an opportunity to obtain any advantage over competitors who do not know or use it.  All 
other information about a toxic or hazardous substance, including its identity, routes of 
exposure, effects of exposure, type and degree of hazard and emergency treatment and 
response procedures, must be provided if requested by the Director of the Bureau of 
Health and is considered a public record.  All information about a toxic or hazardous 
substance is a public record. 
Sec. 4.  26 MRSA §3, as amended by PL 2011, c. 655, Pt. DD, §10 and affected by 
§24, is repealed and the following enacted in its place: 
§3.  Confidentiality of records 
1.  Confidential records.  Except as provided in subsections 2 and 3, all information 
and reports received by the director or the director's authorized agents under this Title are 
confidential for purposes of Title 1, section 402, subsection 3, paragraph A. 
2.  Exceptions.  Information and reports pertaining to final bureau action taken under 
the authority of this Title are public records for the purposes of Title 1, chapter 13, 
subchapter 1. 
3.  Authorized disclosure.  The director shall make or authorize any disclosure of 
information of the following types or under the following circumstances with the 
understanding that the confidentiality of the information will be maintained: 
A.  Information and reports to other government agencies if the director believes that 
the information will serve to further the protection of the public or assist in the 
enforcement of local, state and federal laws; and 
B.  Information and records pertaining to the workforce, employment patterns, wage 
rates, poverty and low-income patterns, economically distressed communities and 
regions and other similar information and data to the Department of Economic and 
Community Development and to the Governor's Office of Policy and Management 
for the purposes of analysis and evaluation, measuring and monitoring poverty and 
economic and social conditions throughout the State and promoting economic 
development. 
Sec. 5.  26 MRSA §934, last ¶, as enacted by PL 1985, c. 294, §§2 and 3, is 
amended to read: 
The board shall hear all interested persons who come before it, advise the respective 
parties what ought to be done by either or both to adjust the controversy, and shall make a 
confidential written report to the Governor and the Executive Director of the Maine 
Labor Relations Board.  The Governor or executive director may shall make the report 
public if, after 15 days from the date of its receipt, the parties have not resolved the 
controversy and the public interest would be served by publication.  In addition, either the 
Governor or the executive director may refer the report and recommendations of the 
board to the Attorney General or other department for appropriate action when it appears 
that any of the laws of this State may have been violated. 
Sec. 6.  29-A MRSA §152, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
3.  Central computer system.  Notwithstanding any other provisions of law, 
purchase and maintain a central computer system for purposes of administering this Title 
and conducting departmental operations.  All other uses must be approved by the 
Secretary of State.  The Secretary of State shall adopt rules regarding the maintenance 
and use of data processing information files required to be kept confidential and shall 
distinguish those files from files available to the public; 
Sec. 7.  29-A MRSA §257, as enacted by PL 2003, c. 434, §6 and affected by §37, 
is repealed. 
Sec. 8.  29-A MRSA §517, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
4.  Unmarked law enforcement vehicles.  An unmarked motor vehicle used 
primarily for law enforcement purposes, when authorized by the Secretary of State and 
upon approval from the appropriate requesting authority, is exempt from displaying a 
special registration plate.  Records for all unmarked vehicle registrations are confidential. 
Upon receipt of a written request by an appropriate criminal justice official showing 
cause that it is in the best interest of public safety, the Secretary of State may determine 
that records of a nongovernment vehicle may be held confidential for a specific period of 
time, which may not exceed the expiration of the current registration. 
Sec. 9.  38 MRSA §585-B, sub-§6, as amended by PL 2009, c. 535, §2, is further 
amended to read: 
6.  Mercury reduction plans.  An air emission source emitting mercury in excess of 
pounds per year after January 1, 2007 must develop a mercury reduction plan.  Except 
as provided in subsection 7, the mercury reduction plan must be submitted to the 
department no later than September 1, 2008.  The mercury reduction plan must contain: 
A.  Identification, characterization and accounting of the mercury used or released at 
the emission source; and 
B.  Identification, analysis and evaluation of any appropriate technologies, 
procedures, processes, equipment or production changes that may be utilized by the 
emission source to reduce the amount of mercury used or released by that emission 
source, including a financial analysis of the costs and benefits of reducing the amount 
of mercury used or released. 
The department may keep information submitted to the department under this subsection 
confidential as provided under section 1310-B. 
The department shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters no later than March 1, 2009 
summarizing the mercury emissions and mercury reduction potential from those emission 
sources subject to this subsection.  In addition, the department shall include an evaluation 
of the appropriateness of the 25-pound mercury standard established in subsection 5.  The 
evaluation must address, but is not limited to, the technological feasibility, cost and 
schedule of achieving the standards established in subsection 5. The department shall 
submit an updated report to the committee by March 1, 2013. The joint standing 
committee of the Legislature having jurisdiction over natural resources matters is 
authorized to report out to the 126th Legislature a bill relating to the evaluation and the 
updated report. 
Sec. 10.  38 MRSA §585-C, sub-§2, ¶D, as affected by PL 1989, c. 890, Pt. A, 
§40 and amended by Pt. B, §160, is repealed. 
Sec. 11.  38 MRSA §1310-B, sub-§2, as repealed and replaced by PL 2011, c. 
420, Pt. A, §35 and amended by c. 657, Pt. W, §5, is further amended to read: 
2.  Hazardous waste information and information on mercury-added products 
and electronic devices and mercury reduction plans; chemicals.  Information relating 
to hazardous waste submitted to the department under this subchapter, information 
relating to mercury-added products submitted to the department under chapter 16-B, 
information relating to electronic devices submitted to the department under section 1610, 
subsection 6-A, information relating to mercury reduction plans submitted to the 
department under section 585-B, subsection 6, information related to priority toxic 
chemicals submitted to the department under chapter 27 or information related to 
products that contain the "deca" mixture of polybrominated diphenyl ethers submitted to 
the department under section 1609 may be designated by the person submitting it as being 
only for the confidential use of the department, its agents and employees, the Department 
of Agriculture, Conservation and Forestry and the Department of Health and Human 
Services and their agents and employees, other agencies of State Government, as 
authorized by the Governor, employees of the United States Environmental Protection 
Agency and the Attorney General and, for waste information, employees of the 
municipality in which the waste is located.  The designation must be clearly indicated on 
each page or other portion of information.  The commissioner shall establish procedures 
to ensure that information so designated is segregated from public 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 person 
submitting the information and the general nature of the information.  Upon a request for 
information, the scope of which includes information so designated, the commissioner 
shall notify the submittor.  Within 15 days after receipt of the notice, the submittor shall 
demonstrate to the satisfaction of the department that the designated information should 
not be disclosed because the information 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.  
Unless such a demonstration is made, the information must be disclosed and becomes a 
public record.  The department may grant or deny disclosure for the whole or any part of 
the designated information requested and within 15 days shall give written notice of the 
decision to the submittor and the person requesting the designated information.  A person 
aggrieved by a decision of the department may appeal only to the Superior Court in 
accordance with the provisions of section 346.  All information provided by the 
department to the municipality under this subsection is confidential and not a public 
record under Title 1, chapter 13.  In the event a request for such information is submitted 
to the municipality, the municipality shall submit that request to the commissioner to be 
processed by the department as provided in this subsection. 
SUMMARY 
This bill implements the recommendations of the Right To Know Advisory 
Committee relating to existing public records exceptions in the Maine Revised Statutes, 
Titles 22, 26, 29-A and 38.  The bill does the following. 
It clarifies that all the information provided upon request to the Director of the 
Bureau of Health within the Department of Health and Human Services about toxic or 
hazardous substances in use or present at a specific location is public.  It requires the 
director to release the information that is public upon request to any requester, and it 
repeals the requirement that the requester reside within 50 miles of the specific location. 
It makes clear that reports of final bureau action of the Bureau of Labor Standards 
within the Department of Labor are public records, removing the language in current law 
that gives the Director of the Bureau of Labor Standards the discretion to release reports. 
It  requires that a report of the State Board of Arbitration and Conciliation in a labor 
dispute must be released 15 days after its receipt by the Governor and the Executive 
Director of the Maine Labor Relations Board if the conciliation process is not successful. 
It repeals language authorizing the Secretary of State to adopt rules relating to 
maintenance and use of data processing files concerning motor vehicles as the 
confidentiality of personal information is already protected under federal law. 
It repeals a provision relating to the Secretary of State's motor vehicle information 
technology system because the confidentiality of the system is already addressed in 
another provision of law. 
It removes language regarding confidentiality of records for unmarked law 
enforcement vehicles that is redundant with another section of law. 
It repeals language making mercury reduction plans for air emission sources emitting 
mercury confidential. 
It repeals language making hazardous air pollutant emissions inventory reports 
confidential.