An Act To Protect Certain fuformation under the Maine Human Rights Act
Maine Legislature, Session 127, LD 1171
Committee Amendment CA_A_H476 (House)
Amends: 5 MRSA §4612

COMMITTEE AMENDMENT "fj" to H.P. 802, L.D. 1171, Bill, "An Act To 
Protect Certain fuformation under the Maine Human Rights Act" 
Amend the bill in section 1 in paragraph B in the 8th line (page 1, line 11 in L.D.) by 
inserting after the following: "investigation." the following: 'The commission may direct 
that information designated confidential under subsection 5 be redacted from records and 
documents before those records and documents are provided to the commission.' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 5 MRSA §4612, sub-§5, as amended by PL 2011, c. 613, §20 and 
affected by §29, is repealed and the following enacted in its place: 
5. Confidentiality. The Legislature finds that a person who participates in the 
commission's investigative process as a complainant. a respondent or otherwise has a 
right to privacy in certain information the person provides to the commission. This 
subsection governs the confidentiality of certain information. 
A. The following information is confidential and may not be disclosed: 
(1) The identity of a person who is not a party to a complaint: 
(2) 
Medical. counseling. psychiatric and other records revealing a person's 
medical or mental health condition or disability; 
(3) The identity of a minor. including a minor who is a party to a complaint: 
(4) Personnel records. including payroll records; 
(5) Social security numbers. personal telephone numbers and home addresses. 
unless a home address is a material fact at issue in an investigation; 
(6) Banking and financial information. including credit checks. unless such 
information is directly related to an undue burden defense or other material fact 
at issue in an investigation; 
(7) Criminal history record information that is not otherwise made public by law; 
\ 
COMMITTEE AMENDMENT 
R. of s. 
COMMITTEE AMENDMENT "A"to H.P. 802, L.D.ll71 
(8) 
Evidence of conduct or statements made in compromise settlement 
negotiations, offers of settlement and any final agreements made prior to the 
conclusion of an investigative process, unless the parties otherwise agree in 
writing; and 
(9) The identity of a complainant or a 3rd-party witness who has established a 
compelling and immediate need to proceed with or participate in an investigation 
with anonymity or a pseudonym. This need must be determined necessary by the 
commission or its executive director to avoid imminent and serious harm. 
B. Information designated as confidential in paragraph A may not be released 
without the written authorization of the person who is the subject of the information, 
except that during an investigation conducted pursuant to subsection 1, if the case 
relates to the complainant's medical diagnosis or disability, the respondent is entitled 
to receive unredacted copies of the complainant's medical records, medical diagnoses, 
medical information and information regarding any disability experienced by the 
complainant. Information under this paragraph may be released by the commission 
to the respondent only if: 
(1) The complainant authorizes that disclosure to the respondent by signing a 
medical release form provided by the commission; and 
(2) The respondent signs a nondisclosure agreement provided by the commission 
and agrees to keep all medical, counseling, psychiatric or other records that 
reveal that person's medical or mental health condition or disability confidential 
during the pendency of the investigation and after the investigation has 
concluded. 
C. Nothing in this subsection may be construed to limit the ability of the commission 
during the pendency of an investigation or during its deliberations in a complaint at a 
public hearing to consider or discuss information designated confidential under this 
subsection, if that information is relevant to consideration of and deliberation in the 
complaint. 
D. At the close of the investigation, the signed report of the investigator is a public 
record. Drafts of the report of the investigator are not public records except that if the 
final recommendation to the commission has been changed during the editing 
process, the [mal draft containing the earlier recommendation is a public record. 
E. Nothing in this subsection may be construed to limit the ability of a person to 
provide written authorization to disclose information about that person that is 
designated confidential by this section.' 
SUMMARY 
This amendment is the majority report of the committee. It replaces section 2 of the 
bill but, like the bill, it revises the confidentiality provisions of the Maine Human Rights 
Act. This amendment protects from public disclosure information in the records of the 
Maine Human Rights Commission that identifies a minor, a person's medical condition or 
disability, the identity of a person not a party to a complaint at the commission, personnel 
records, social security numbers, residential addresses and personal phone numbers, 
COMMITTEE AMENDMENT 
It of S. 
COMMITTEE AMENDMENT 41" to H.P. 802, L.D. 1171 
banking and financial infonnation, criminal history infonnation not otherwise made 
public by law and the identity of a person who has established a compelling and 
immediate need to proceed with or participate in a commission investigation with 
anonymity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06105/15 
fraC!. 
LD 1171 
LR 1365(02) 
An Act To Protect Certain Information under the Maine Human Rights Act 
Fiscal Note for Bill as Amended by Committee Amendment 'ff C{~ -47 b) 
Committee: Judiciary 
. 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Maine Human Rights Commission are expected to be minor and will be absorbed utilizing 
existing budgeted resources. 
LR1365(02) - Fiscal Note - Page 1 of 1