An Act To Ensure the Safety of State Employees By Allowing Disclosure of Certain Information in Limited Circumstances”
Maine Legislature, Session 129, LD 2038
Committee Amendment CA_B_H836 (House)
Amends: 22 MRSA §4008

COMMITTEE AMENDMENT “      ” to H.P. 1449, L.D. 2038, “An Act To Ensure the 
Safety of State Employees By Allowing Disclosure of Certain Information in Limited 
Circumstances”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  22 MRSA §4008, sub-§2, ¶A-2 is enacted to read:
A-2.  An administrator of a social media service, to the extent authorized by a court for 
reporting, investigating or removing a threat or serious intimidation attempt directed 
against an employee of the department, an employee of the Attorney General's Office, 
a guardian ad litem or an employee or officer of any court or court system.  The 
information remains confidential, and the social media service may not disclose any of 
the information provided by the department under this paragraph.  For the purposes of 
this paragraph, "social media service" means an electronic medium or service through 
which users create, share and view user-generated content that is generally viewable 
by the public;
Sec. 2.  22 MRSA §4008, sub-§3, ¶L, as amended by PL 2015, c. 381, §2, is further 
amended to read:
L.  To a licensing board of a mandated reporter, in the case of a mandated reporter 
under section 4011‑A, subsection 1 who appears from the record or relevant 
circumstances to have failed to make a required report.  Any information disclosed by 
the department personally identifying a licensee's client or patient remains confidential 
and may be used only in a proceeding as provided by Title 5, section 9057, subsection 
6; and
Sec. 3.  22 MRSA §4008, sub-§3, ¶M, as enacted by PL 2015, c. 381, §3, is 
amended to read:
M.  Law enforcement authorities for entry into the National Crime Information Center 
database of the Federal Bureau of Investigation and to a national information 
COMMITTEE AMENDMENT “      ” to H.P. 1449, L.D. 2038
COMMITTEE AMENDMENT
clearinghouse for missing and exploited children operated pursuant to 42 United States 
Code, Section 5773(b).  Information disclosed pursuant to this paragraph is limited to 
information on missing or abducted children or youth that is required to be disclosed 
pursuant to 42 United States Code, Section 671(a)(35)(B).; and
Sec. 4.  22 MRSA §4008, sub-§3, ¶N is enacted to read:
N.  A law enforcement agency, to the extent necessary for reporting, investigating or 
removing a threat or serious intimidation attempt directed against an employee of the 
department, an employee of the Attorney General's Office, a guardian ad litem or an 
employee or officer of any court or court system.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This amendment is the minority report of the Joint Standing Committee on Judiciary.
This amendment replaces the bill.  The amendment requires court authorization for the 
Department of Health and Human Services to release confidential information related to 
child protective activities to an administrator of a social media service to report, investigate 
or remove a threat or serious intimidation attempt directed at a department employee, an 
employee of the Attorney General's Office, a guardian ad litem, a court employee or an 
officer of the court, including prosecuting and other attorneys.
The amendment defines "social media service" and prohibits the social media service 
from redisclosing the confidential information that is provided by the department.
This amendment differs from the majority report by requiring the department to 
disclose confidential information to a law enforcement agency, to the extent necessary for 
reporting, investigating or removing a threat or serious intimidation attempt directed 
against an employee of the department, an employee of the Attorney General's Office, a 
guardian ad litem or an employee or officer of any court or court system.
FISCAL NOTE REQUIRED
(See attached)
Approved: 04/07/20
LD 2038
LR 3010(03)
Correctional and Judicial Impact Statements
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
An Act To Ensure the Safety of State Employees By Allowing Disclosure of Certain Information in 
Limited Circumstances
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.  
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts.
LR3010(03) - Fiscal Note - Page 1 of 1