An Act To Implement Recommendations of the Right To Know Advisory Committee
Maine Legislature, Session 127, LD 1088
Committee: Judiciary
Amends: 1 MRSA §411, 5 MRSA §200-I, 26 MRSA §3, 26 MRSA §934, 29-A MRSA §152, 29-A MRSA §257, 29-A MRSA §517, 35-A MRSA §8703, 38 MRSA §414, 38 MRSA §585-B, 38 MRSA §585-C, 38 MRSA §1310-B, 1 MRSA §433

Legislative Document 
No. 1088 
H.P. 749 
House of Representatives, March 25, 2015 
An Act To Implement Recommendations of the Right To Know 
Advisory Committee 
Reported by Representative HOBBINS of Saco 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. 
ROBERT B. HUNT 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  1 MRSA §411, sub-§2, ¶¶L and M, as enacted by PL 2005, c. 631, 
§1, are amended to read: 
L.  Two representatives of the public, one appointed by the President of the Senate 
and one appointed by the Speaker of the House; and 
M.  The Attorney General or the Attorney General's designee.; and 
Sec. A-2.  1 MRSA §411, sub-§2, ¶N is enacted to read: 
N.  One member with broad experience in and understanding of issues and costs in  
multiple areas of information technology, including practical applications concerning 
creation, storage, retrieval and accessibility of electronic records; use of 
communication technologies to support meetings, including teleconferencing and 
Internet-based conferencing; databases for records management and reporting; and 
information technology system development and support, appointed by the Governor. 
PART B 
Sec. B-1.  5 MRSA §200-I, sub-§5, as enacted by PL 2007, c. 603, §1, is 
amended to read: 
5.  Report.  The ombudsman shall submit a report not later than March January 15th 
of each year to the Legislature and the Right To Know Advisory Committee established 
in Title 1, section 411 concerning the activities of the ombudsman for the previous year.  
The report must include: 
A.  The total number of inquiries and complaints received; 
B.  The number of inquiries and complaints received respectively from the public, the 
media and public agencies or officials; 
C.  The number of complaints received concerning respectively public records and 
public meetings; 
D.  The number of complaints received concerning respectively: 
(1)  State agencies; 
(2)  County agencies; 
(3)  Regional agencies; 
(4)  Municipal agencies; 
(5)  School administrative units; and 
(6)  Other public entities;  
E.  The number of inquiries and complaints that were resolved; 
F.  The total number of written advisory opinions issued and pending; and 
G.  Recommendations concerning ways to improve public access to public records 
and proceedings. 
PART C 
Sec. C-1.  22 MRSA c. 271, sub-c. 2, as amended, is repealed. 
Sec. C-2.  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 the purposes of Title 1, section 402, subsection 3, paragraph A. 
2.  Exceptions.  Reports of 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. C-3.  26 MRSA §934, 4th ¶, 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. C-4.  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. C-5.  29-A MRSA §257, as enacted by PL 2003, c. 434, §6 and affected by 
§37, is repealed. 
Sec. C-6.  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. C-7.  35-A MRSA §8703, sub-§5, as enacted by PL 1989, c. 851, §7, is 
amended to read: 
5.  Confidentiality.  Relay The providers of telecommunications relay services shall 
keep relay service communications must be confidential. 
Sec. C-8.  38 MRSA §414, sub-§6, as amended by PL 1997, c. 794, Pt. A, §20, is 
further amended to read: 
6.  Confidentiality of records.  Any records, reports or information obtained under 
this subchapter is available to the public, except that upon a showing satisfactory to the 
department by any person that any records, reports or information, or particular part of 
any record, report or information, other than the names and addresses of applicants, 
license applications, licenses and effluent data, to which the department has access under 
this subchapter would, if made public, divulge methods or processes that are entitled to 
protection as trade secrets as defined in Title 10, section 1542, subsection 4, these 
records, reports or information must be confidential and not available for public 
inspection or examination. Any records, reports or information may be disclosed to 
employees or authorized representatives of the State or the United States concerned with 
carrying out this subchapter or any applicable federal law, and to any party to a hearing 
held under this section on terms the commissioner may prescribe in order to protect these 
confidential records, reports and information, as long as this disclosure is material and 
relevant to any issue under consideration by the department. 
Sec. C-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. C-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. C-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 amended to read: 
2.  Hazardous waste information and information on mercury-added products 
and electronic devices; 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. 
PART D 
Sec. D-1.  1 MRSA §433, sub-§2, as enacted by PL 2005, c. 631, §5, is repealed. 
Sec. D-2.  1 MRSA §433, sub-§2-A is enacted to read: 
2-A.  Scheduling guidelines.  The advisory committee shall use the following list as 
a guideline for scheduling reviews of public records exceptions and reporting its 
recommendations to the review committee: 
A.  Exceptions enacted after 2004 and before 2013 are scheduled to be reviewed by 
the review committee no later than 2017; 
B.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2019: 
(1)  Title 1; 
(2)  Title 2; 
(3)  Title 3; 
(4)  Title 4; 
(5)  Title 5; 
(6)  Title 6; 
(7)  Title 7; and 
(8)  Title 7-A; 
C.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2021: 
(1)  Title 8; 
(2)  Title 9-A; 
(3)  Title 9-B; 
(4)  Title 10; 
(5)  Title 11; and 
(6)  Title 12; 
D.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2023: 
(1)  Title 13; 
(2)  Title 13-B; 
(3)  Title 13-C; 
(4)  Title 14; 
(5)  Title 15; 
(6)  Title 16; 
(7)  Title 17; 
(8)  Title 17-A; 
(9)  Title 18-A; 
(10)  Title 18-B; 
(11)  Title 19-A; 
(12)  Title 20-A; and 
(13)  Title 21-A; 
E.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2025: 
(1)  Title 22; 
(2)  Title 22-A; 
(3)  Title 23; 
(4)  Title 24; and 
(5)  Title 24-A; 
F.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2027: 
(1)  Title 25; 
(2)  Title 26; 
(3)  Title 27; 
(4)  Title 28-A; 
(5)  Title 29-A; 
(6)  Title 30; 
(7)  Title 30-A; 
(8)  Title 31; and 
(9)  Title 32; and 
G.  Exceptions codified in the following Titles are scheduled to be reviewed by the 
review committee no later than 2029: 
(1)  Title 33; 
(2)  Title 34-A; 
(3)  Title 34-B; 
(4)  Title 35-A; 
(5)  Title 36; 
(6)  Title 37-B; 
(7)  Title 38; and 
(8)  Title 39-A. 
Sec. D-3.  1 MRSA §433, sub-§3, as enacted by PL 2005, c. 631, §5, is amended 
to read: 
3.  Scheduling changes.  The advisory committee may make adjustments to the 
scheduling guidelines provided in subsection 2 2-A as it determines appropriate and shall 
notify the review committee of such adjustments. 
SUMMARY 
This bill contains recommendations of the Right To Know Advisory Committee 
included in its ninth annual report. 
Part A adds one additional member to the Right To Know Advisory Committee, to be 
appointed by the Governor.  The new position will bring information technology 
expertise to the advisory committee. 
Current law requires the Public Access Ombudsman within the Department of the 
Attorney General to submit an annual report to the Right To Know Advisory Committee 
and the Legislature by March 15th of each year.  Part B changes the reporting date to 
January 15th of each year, which is the same date by which the Right To Know Advisory 
Committee is required to submit its annual report. 
Part C implements the recommendations of the Right To Know Advisory Committee 
relating to existing public records exceptions in the Maine Revised Statutes, Title 22 and 
Titles 26 to 39-A. 
Section 1 repeals the Community Right-to-Know Act, a program within the 
Department of Health and Human Services intended to provide disclosure of information 
about hazardous substances in the community that has never been implemented. 
Section 2 makes clear that reports of final bureau action are public records, removing 
the language in current law that gives the Director of the Bureau of Labor Standards the 
discretion to release reports. 
Section 3 clarifies 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 Executive 
Director of the Maine Labor Relations Board if the conciliation process is not successful. 
Section 4 removes 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. 
Section 5 repeals a provision of law 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. 
Section 6 removes language that is addressed in another section of law. 
Section 7 clarifies that it is the responsibility of the providers of telecommunications 
relay services to keep relay service communications confidential. 
Section 8 adds a cross-reference to the definition of "trade secret." 
Section 9 removes language making mercury reduction plans for air emission sources 
emitting mercury confidential. 
Section 10 repeals a provision of law making hazardous air pollutant emissions 
inventory information confidential, and section 11 corrects a cross-reference to that 
provision. 
Part D repeals the public records exceptions review schedule that was completed in 
2014 and replaces it with a new review schedule.  The Right To Know Advisory 
Committee will review public records exceptions enacted after 2004 but before 2013 and 
report its recommendations to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters over the course of 2 years, with the final review by the 
joint standing committee completed no later than 2017.  The advisory committee will 
then begin to review all the public records exceptions codified in the statutes over a 12-
year period.