An Act To Enhance the Address Confidentiality Program Regarding Property Records
Maine Legislature, Session 127, LD 0756
Committee: Judiciary
Sponsors: DUNPHY, JOHNSON, BURSTEIN, CHIPMAN, DUCHESNE, HYMANSON, KINNEY, LONGSTAFF, TEPLER, WARREN
Amends: 5 MRSA §90-B, 33 MRSA §651-B, 36 MRSA §553

Legislative Document 
No. 756 
H.P. 509 
House of Representatives, March 5, 2015 
An Act To Enhance the Address Confidentiality Program Regarding 
Property Records 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DUNPHY of Old Town. 
Cosponsored by Senator JOHNSON of Lincoln and 
Representatives: BURSTEIN of Lincolnville, CHIPMAN of Portland, DUCHESNE of 
Hudson, HYMANSON of York, KINNEY of Knox, LONGSTAFF of Waterville, TEPLER of 
Topsham, WARREN of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §90-B, sub-§4, as amended by PL 2013, c. 478, §1, is further 
amended to read: 
4.  Use of designated address.  Upon demonstration of a program participant's 
certification in the program, state and local government agencies and the courts shall 
accept and use only the designated address as a program participant's address unless the 
secretary has determined that: approved an exemption pursuant to subsection 5-A. 
A.  The agency has a bona fide statutory or administrative requirement for the use of 
the program participant's address or mailing address, such that it is unable to fulfill its 
statutory duties and obligations without the residential address; and 
B.  The program participant's address or mailing address will be used only for those 
statutory and administrative purposes. 
Sec. 2.  5 MRSA §90-B, sub-§5, as amended by PL 2013, c. 478, §1, is repealed. 
Sec. 3.  5 MRSA §90-B, sub-§5-A is enacted to read: 
5-A.  Disclosure to law enforcement and to other state and local agencies.  If the 
secretary determines it appropriate, the secretary may make a program participant's 
address or mailing address available for use by granting an exemption under the 
following circumstances: 
A.  Upon request to the secretary by: 
(1)  A law enforcement agency in the manner provided for by rule; or 
(2)  A commissioner or other chief administrator of a state or local government 
agency or the commissioner's or administrator's designee in the manner provided 
for by rule; and 
B.  Upon a finding by the secretary that: 
(1)  An agency under paragraph A has a bona fide statutory, administrative or law 
enforcement requirement for use of the program participant's address or mailing 
address such that the agency is unable to fulfill its statutory duties and obligations 
without the address or mailing address; and 
(2)  The program participant's address or mailing address will be used only for 
those statutory, administrative or law enforcement purposes and otherwise will be 
kept under seal and excluded from public inspection. 
Sec. 4.  5 MRSA §90-B, sub-§7, as amended by PL 2011, c. 195, §2, is further 
amended to read: 
7.  Confidentiality.  The program participant's application, supporting materials and 
the program's state e-mail account are not a public record and must be kept confidential 
by the secretary.  A program participant's address or mailing address in the possession of 
any state or local government agency or court is confidential and must be kept under seal 
by the agency or court and excluded from public inspection. 
Sec. 5.  33 MRSA §651-B, sub-§2, as enacted by PL 2007, c. 626, §1, is amended 
to read: 
2.  Personal information on registry's website.  If a document that includes an 
individual's personal information is recorded with a register of deeds and is available on 
the registry's publicly accessible website, the individual may request that the register of 
deeds redact that personal information from the record available on the website.  The 
register shall establish a procedure by which individuals make such requests at no fee to 
the requesting individual.  The register shall comply with an individual's request to redact 
personal information.  A participant in the Address Confidentiality Program administered 
by the Secretary of State pursuant to Title 5, section 90-B may request that the register 
redact the participant's name from the record on the website and substitute the 
participant's Address Confidentiality Program identification number issued by the 
Secretary of State.  The register shall comply with the individual's request, subject to 
verification by the Secretary of State that the individual is certified as a program 
participant.  The Secretary of State shall notify the register upon withdrawal or 
cancellation of the program participant's certification. 
Sec. 6.  36 MRSA §553 is amended by adding at the end a new paragraph to read: 
For purposes of this section, if the owner or person in possession is an individual 
participant in the Address Confidentiality Program administered by the Secretary of State 
pursuant to Title 5, section 90-B, that individual may request that the municipal assessor 
assess the property to the owner or person in possession using the participant's Address 
Confidentiality Program identification number issued by the Secretary of State in lieu of 
the individual's name.  The request must be granted upon verification by the Secretary of 
State that the individual is certified as a program participant.  The Secretary of State shall 
notify the municipal assessor upon withdrawal or cancellation of the program 
participant's certification. 
SUMMARY 
This bill amends the Address Confidentiality Program statute to make clear that the 
protected address of a certified program participant in the possession of a state or local 
government agency or court that has been authorized to use it for bona fide statutory, 
administrative or law enforcement purposes otherwise remains confidential and must be 
kept under seal and excluded from inspection by the public. 
The bill amends the laws governing the registry of deeds and assessment of property 
taxes to provide address confidentiality protection to participants in the program upon 
request.  In the registry of deeds, a program participant's Address Confidentiality Program 
identification number rather than name must be used in the record on the registry's 
publicly accessible website.  A municipal assessor must include the identification number 
rather than the program participant's name in the assessment.