An Act To Promote Privacy in Social Media
Maine Legislature, Session 127, LD 0686
Committee Amendment CA_A_H440 (House)

COMMITTEE AMENDMENT 'A " 
to H.P. 467, L.D. 6~6, Bill, "An Act To 
Promote Privacy in Social Media" 
Amend the bill in section 1 in §616 by striking out all of subsection 3 and inselting 
the following: 
'3. 
Information. Require or coerce an employee or applicant to disclose any 
personal social media account information;' 
Amend the bill in section 1 in §617 by inserting at the end the following: 
'3. Investigation. This subchapter does not prohibit or restrict an employer from 
requiring an employee to disclose personal social media account information that the 
employer reasonably believes to be relevant to an investigation of allegations of 
employee misconduct or a workplace-related violation of applicable laws, rules or 
regulations if requiring the disclosure is not otherwise prohibited by law, as long as the 
information disclosed is accessed and used solely to the extent necessary for purposes of 
that investigation or a related proceeding.' 
Amend the bill in section 1 by striking out all of §618 and inselting the following: 
'§618. Workplace policies 
This subchapter does not limit an employer's right to promulgate and maintain lawful 
workplace policies governing the use of the employer's electronic equipment, including a 
requirement that an employee disclose to the employer the employee's user name, 
password or other information necessary to access employer-issued electronic devices, 
including but not limited to cellular telephones and computers, or to access employer-
provided software or e-mail accounts. 
§619. Penalties for violation 
An employer who violates this subchapter is subject to a fine imposed by the 
Department of Labor of not less than $100 for the first violation, not less than $250 for 
the 2nd violation and not less than $500 for each subsequent violation.' 
COM ITTEE AMENDMENT 
.~ ~ 
Ilb· 
".' 1 
COJ'vIMlTTEE AIvlENDMENT "A" to H.P. 467, L.D. 686 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. ApPI'opriations and allocations. 
The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides funds for one part-time Wage and Hour Inspector position and related 
All Other costs necessalY for the additional enforcement activity associated with the 
disclosure of personal social media account information. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2015-16 
2016-17 
0.500 
0.500 
$23,866 
$33,094 
$3,500 
$3,500 
$27,366 
$36,594 
This amendment is the majority report of the Joint Standing Committee on JUdiciary. 
It makes clear that, although generally an employer cannot request or coerce an employee 
or applicant to disclose any personal social media account infOlmation, there is an 
exception: an employer may require an employee to disclose personal social media 
account information reasonably believed to be relevant to an investigation of allegations 
of employee misconduct or a workplace violation of applicable laws, mles or regulations 
and when requiring the disclosure is not othelwise prohibited by law, as long as the 
information disclosed is accessed and used solely to the extent necessary for the purposes 
of that investigation or a related proceeding. 
This amendment makes clear that an employer retains the right to promulgate and 
maintain lawful workplace policies governing the use of the employer's electronic 
equipment, including a requirement for an employee to disclose to the employer the 
employee's user name, password or other information necessary to access employer-
issued electronic devices, including but not limited to cellular telephones and computers, 
or to access employer-provided software or e-mail accounts. 
This amendment deletes the private right of action in the bill and instead imposes 
graduated fines to be imposed by the Department ofLabor. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08/ l5;1//czc.. 
LD 686 
LR 110(02) 
An Act To Promote Privacy in Social Media 
Fiscal Note for Bill as Amended by Committee Amendment A' (~. Y-Y-D) 
Committee: JUdiciary 
Net Cost (Savings)" 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential CUlTent biennium revenue increase - General Fund 
FY 2015-16 
FY 2016-17 
$27,366 
$36,594 
$27,366 
$36,594 
Projections 
FY 2017-18 
$37,918 
$37,918 
Proj ections 
FY 2018-19 
$39,294 
$39,294 
This bill includes General Fund appropriations of $27,366 in fiscal year 2015-16 and $36,594 in fiscal year 2016-17 
to the Regulation and Enforcement program within the Depaliment of Labor for one pali-time Wage and Hour 
Inspector position and related all other costs due to the increased enforcement activity asscociated with the disclosure 
of personal social media account infolmation. 
The amount of General Fund revenue to be received from penalties assessed as a result of violations of this Act can 
not be detelmined at this time. 
LRO 11 0(02) - Fiscal Note - Pa!J:e 1 of 1