An Act To
Maine Legislature, Session 128, LD 1340
Committee Amendment CA_A_S243 (Senate)
Amends: 30-A MRSA §4706, 30-A MRSA §4721, 30-A MRSA §5047

COMMITTEE AMENDMENT "A" to S.P. 454, L.D. 1340, Bill, "An Act To 
Amend the Laws Governing the Maine State Housing Authority" 
Amend the bill by striking out all of sections 8 to 10 and inserting the following: 
'Sec. 8. 30-A MRSA §4706, sub-§§5 to 7 are enacted to read: 
5. Confidentiality of personnel records. The following records are confidential 
and not open to public inspection: 
A. Except as otherwise provided in this paragraph, applications, resumes,. letters and 
notes ofreference, working papers, research materials, records, examinations and any 
other documents or records and the information they contain, solicited or prepared 
either by the applicant or the authority for use in the examination or evaluation of 
applicants for employment by the authority. 
(1) Applications, resumes and letters and notes of reference pertaining to the 
applicant hired, other than those letters and notes of reference expressly 
submitted in confidence, are public records after the applicant is hired. 
(2) Telephone numbers are not public records if they are designated as unlisted 
or unpublished in an application, resume or letter or note of reference; 
B. 
Authority records pertaining to an identifiable employee and containing the 
following: 
(1) 
Medical information of any kind, including information pertaining to 
diagnosis or treatment of mental or emotional disorders; 
(2) Performance evaluations and personal references submitted in confidence; 
(3) Information pertaining to the creditworthiness of a named employee; 
( 4) Information pertaining to the personal history, general character or conduct 
of members of the employee's immediate family; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 454, L.D. 1340 
(5) 
Complaints, charges or accusations of misconduct, replies to those 
complaints, charges or accusations and any other information or materials that 
may result in disciplinary action. If disciplinary action is taken, the final written 
decision relating to that action is no longer confidential after the decision is 
completed if it imposes or upholds discipline. The decision must state the 
conduct or other facts on the basis of which disciplinary action is being imposed 
and the conclusions of the acting authority as to the reasons for that action; and 
(6) Personal information, including that which pertains to the employee's: 
(a) Age; 
(b) Ancestry, ethnicity, genetic information, national origin, race or skin 
color; 
(c) Marital status; 
(d) Mental or physical disabilities; 
(e) 
Personal contact information, as described in Title 1, section 402, 
subsection 3, paragraph O; 
(f) Personal employment choices pertaining to elected payroll deductions, 
deferred compensation, saving plans, pension plans, health insurance and life 
insurance; 
(g) Religion; 
(h) Sex or sexual orientation as defined in Title 5, section 4553, subsection 
9-C; or 
(i) Social security number; and 
C. Other information to which access by the general public is prohibited by law. 
6. Employee right to review. On written request from an employee or former 
employee, the authority shall provide the employee, former employee or the employee's 
authorized representative with an opportunity to review the employee's personnel file, if 
the authority has a personnel file for that employee. The review must take place during 
normal office hours at the location where the personnel files are maintained. For the 
purposes of this subsection, a personnel file includes, but is not limited to, any formal or 
informal employee evaluations and reports relating to the employee's character, credit, 
work habits, compensation and benefits that the authority may possess. The records 
described in subsection 5, paragraph B may also be examined by the employee to whom 
the records relate, as provided in this subsection. 
7. Constitutional obligations of a prosecutor. Notwithstanding this section or any 
other provision of law, subsection 5 does not preclude the disclosure of confidential 
personnel records and the information contained in those records to the Attorney General, 
a deputy attorney general, an assistant attorney general, a district attorney, a deputy 
district attorney, an assistant district attorney or the equivalent departments or offices in a 
federal jurisdiction that are related to the determination of and compliance with the 
constitutional obligations of the State or the United States to provide discovery to a 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "/:i "to S.P. 454, L.D. 1340 
defendant in a criminal matter. A person or entity participating in good faith disclosure 
under this subsection or participating in a related proceeding is immune from criminal 
and civil liability for the act of disclosure or for participating in the proceeding. 
Sec. 9. 30-A MRSA §4721, sub-§5 is enacted to read: 
5. · Meeting with municipal legislative body. 
Unless the municipality and the 
authority agree otherwise, an authority shall meet at least annually with the legislative 
body of the municipality for which it is created.' 
Amend the bill in section 18 in paragraph DD in subparagraph ( 4) in the last 
paragraph in the last line (page 6, line 16 in L.D.) by striking out the following: "and" 
Amend the bill in section 19 in the first line (page 6, line 17 in L.D.) by striking out 
the following: "~E is" and inserting the following: '~~EE and FF are' 
Amend the bill in section 19 in paragraph EE in the last line (page 6, line 23 in L.D.) 
by striking out the following: "income." and inserting the following: 'income; and' 
Amend the bill in section 19 by inserting after paragraph EE the following: 
'FF. Provide grants to eligible homeowners who are served by private well water that 
shows evidence of high levels of arsenic contamination. 
For purposes of this 
paragraph, "homeowner" includes an individual who occupies a single-family 
dwelling that is located on land that is owned by a member of that individual's 
immediate family and "immediate family" means a spouse, parent, child, sibling, 
stepchild, stepparent and grandparent.' 
Amend the bill by striking out all of sections 41 and 42 and inserting the following: 
'Sec. 41. 30-A MRSA §5047, sub-§1, ~' as enacted by PL 2005, c. 380, Pt. A, 
§2, is amended to read: 
B. The Director of the Maine State Housing Authority or the director's designee;' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, amends the bill by: 
1. 
Clarifying that only specific items within the personnel files of Maine State 
Housing Authority employees are confidential; 
2. 
Requiring municipal housing authorities to meet at least annually with the 
legislative bodies of the municipalities for which they are created; 
3. Authorizing the Maine State Housing Authority to provide an arsenic abatement 
program to homeowners with private well water that shows evidence of arsenic 
contamination, including individuals whose homes are located on land owned by an 
6 
immediate family member; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 454, L.D. 1340 
4. 
Eliminating the provisions of the bill that propose to change the process for 
appointing members of the Statewide Homeless Council. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/17 #ac.. 
LD 1340 
LR 475(02) 
An Act To Amend the Laws Governing the Maine State Housing Authority 
Fiscal Note for Bill as Amended by Committee Amendment 'pi;' l <;, · :) L.{ ~ 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other funds 
Fiscal Detail and Notes 
Any additional costs to the Maine State Housing Authority associated with the implementing the changes in this 
legislation can be absorbed within exsisting budgeted resources. 
LR0475(02) - Fiscal Note - Page 1 of 1