An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment
Maine Legislature, Session 127, LD 0921
Committee Amendment CA_B-SA_A_S323 (Senate)

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "B" to H.P. 640, 
L.D. 921, Bill, "An Act To Strengthen the Right of a Victim of Sexual Assault or 
Domestic Violence To Take Necessary Leave from Employment" 
Amend the amendment by inserting after the title the following: 
'Amend the bill by striking out the title and substituting the following: 
'An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence 
To Take Necessary Leave from Employment and To Promote Employee Social 
Media Privacy' , 
Amend the amendment by inserting before section 1 the following: 
'PART A' 
Amend the amendment by striking out all of section 2 and inserting the following: 
'PARTB 
Sec. B-1. 26 MRSA c. 7, sub-c. l-C is enacted to read: 
SUBCHAPTER l-C 
EMPLOYEE SOCIAL MEDIA PRIVACY 
§615. Definitions 
As used in this subchapter. unless the context otherwise indicates. the following 
terms have the following meanings. 
1. Applicant. "Applicant" means an applicant for employment. 
2. Employee. "Employee" means an individual who provides services or labor for 
an employer for wages or other remuneration. 
SENATE AMENDMENT 
R. of S. 
.10 
SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "B" to H.P. 640, L.D. 921 
3. Employer. "Employer" means a person in this State who employs individuals and 
includes the State and political subdivisions of the State. "Employer" includes a person 
acting in the interest of an employer directly or indirectly. 
4. 
Social media account. 
"Social media account" means an account with an 
electronic medium or service through which users create, share and view user-generated 
content including but not limited to videos, still photographs, blogs, video blogs, 
podcasts, instant and text messages, e-mail, online service accounts and Internet website 
profiles and locations. "Social media account" does not include an account opened at an 
employer's behest or provided by an employer or intended to be used primarily on behalf 
of an employer. 
§616. Prohibitions 
An employer may not: 
1. Passwords. Require or coerce an employee or applicant to disclose, or request 
that an employee or applicant disclose, the password or any other means for accessing a 
personal social media account; 
2. Access in presence. Require or coerce an employee or applicant to access, or 
request that an employee or applicant access, a personal social media account in the 
presence of the employer or an agent of the employ~ 
3. 
Information. 
Require or coerce an employee or applicant to disclose any 
personal social media account information; 
4. Contacts. Require or cause an employee or applicant to add anyone, including 
the employer or an agent of the employer, to the employee's or applicant's list of contacts 
associated with a personal social media account; 
5. Settings. Require or cause an employee or applicant to alter, or request that an 
employee or applicant alter, settings that affect a 3rd party's ability to view the contents of 
a personal social media account; 
6. Employees. Discharge, discipline or otherwise penalize or threaten to discharge, 
discipline or otherwise penalize an employee for the employee's refusal to disclose or 
provide access to information as specified in subsection 1, 2 or 3 or for refusal to add 
anyone to the employee's list of contacts associated with a personal social media account 
as specified in subsection 4 or to alter the settings associated with a personal social media 
account as specified in subsection 5; or 
7. Applicants. Fail or refuse to hire an applicant as a result of the applicant's refusal 
to disclose or provide access to information specified in subsection I, 2 or 3 or refusal to 
add anyone to the applicant's list of contacts associated with a personal social media 
account as specified in subsection 4 or to alter the settings associated with a personal 
social media account as specified in subsection 5. 
§617. Exceptions 
1. Publicly available information. This subchapter does not apply to information 
about an applicant or employee that is publicly avaUable. 
SENATE AMENDMENT 
~ 
Fl of S. 
SENATE AMENDMENT"~ "to COMMITTEE AMENDMENT "8" to H.P. 640, L.D. 921 
2. DuD' to screen or supervise. This subchapter does not prohibit or restrict an 
employer from complying with a duty to screen employees or applicants before hiring or 
to monitor or retain employee communications that is established by a self-regulatory 
organization as defined by the federal Securities Exchange Act of 1934, 15 United States 
Code, Section 78c(a)(26) or under state or federal law, regulation or rule to the extent 
necessary to supervise communications of regulated financial institutions or insurance or 
securities licensees for banking-related, insurance-related or securities-related business 
purposes. 
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 putposes of 
that investigation or a related proceeding. 
§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. 
PARTC 
Sec. C-l. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides funds for a I/2-time Labor and Safety Inspector position and related 
All Other costs for the additional enforcement requirements associated with the 
disclosure of personal social media account information and with employee rights 
regarding a leave of absence when the employee is a victim of violence. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
2015-16 
0.500 
$23,867 
SENATE AMENDMENT 
2016-17 
0.500 
$32,372 
A. of S, 
SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "B" to H.P. 640, L.D. 921 
All Other 
$22,600 
$22,600 
GENERAL FUND TOTAL 
$46,467 
$54,972 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment amends Committee Amendm(~nt "B" to strike the bill and replace it. 
Part A changes the penalties that may be assessed for violations of the employment leave 
for victims of violence law, as follows. 
1. It increases the fine from up to $200 per violation to up to $1,000 per violation 
and provides that the fine applies only to denials of leave in violation of the law. 
2. It provides that, for denial of leave in violation of the law, the employer must pay 
the affected individual an amount 3 times the total assessed fines. 
3. It provides that, for termination in connection with exercising a right granted 
under the law, the affected individual may choose (~ither to receive an amount 3 times the 
total assessed fines or reemployment with the employer with back wages. 
Part B incorporates the substance ofL.D. 686 as amended by Committee Amendment 
"A" to that L.D. to protect the social media privacy of employees and applicants for 
employment. 
Part C contains an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) €) 
SPONSORED BY: r' \" 
... 
I" ... -. -r-
(Senator HAMP 
COUNTY: 0 
SENATE AMENDMENT 
"-"'" 
Approved: 06/24/15 
~c= 
LD921 
LR 1243(06) 
An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take 
Necessary Leave from Employment 
Fiscal Note for Senate Amendment "ff' to Committee Amendment "B" (S-323 ') 
Sponsor: Sen. Hamper of Oxford 
Fiscal Note Required: Yes 
Fiscal Note 
Consolidation of positions in 2 bills, reduced overall cost - General Fund 
Fiscal Detail and Notes 
This amendment adds the provisions ofLD 686, An Act To Promote Privacy in Social Media, as amended by 
Committee Amendment "A" to this legislation, but does not add the funding and half-time position that were in LD 
686. The activities required in LD 686 will be added to the activities required of the half-time position granted in this 
bilL As amended, this bill still includes General Fund appropriations of $46,467 in fiscal year 2015-16 and $54,972 in 
fiscal year 2016-17 to the Regulation and Enforcement program within the Department of Labor for one half-time 
Labor and Safety Inspector position and related all other costs for the additional enforcement activity associated with 
the disclosure of personal social media account information and with employee rights regarding a leave of absence 
when the employee is a victim of violence. 
The amount of General Fund revenue to be received from penalties assessed as a result of violations associated with 
the disclosure of personal social media account information can not be determined at this time. 
LR1243(06) - Fiscal Note - Page 1 of 1