An Act to Prohibit
Maine Legislature, Session 132, LD 2106
Committee Amendment CA_A_H999 (House)
Amends: 5 MRSA §200, 22 MRSA §1730-B, 27 MRSA §109-A

COMMITTEE AMENDMENT 't\ " to H.P. 1421, L.D. 2106, "An Act to Prohibit
the Disclosure ofNonpublic Records Without Proper Judicial Review"
Amend the bill by striking out the title and substituting the following;
'An Act to Limit Consent for Entry into Nonpublic Areas of and to Limit Access to
Protected Records IVIaintained by Certain Public Entities'
Amend the bill by striking out all of the emergency preamble.
Amend the bill by striking out everything after the enacting clause and inserting the
followmg:
'See. 1. 5 MRSA §200-0 is enacted to read;
§200-0. Model policies and guidance for limitine authority to consent for entry or
records review
1. Model policies and guidance. No later than 60 days after the effective date_of this
section, the Attorney General shall publish model policies and euidance for ensuring that
faci!ities_2roYidmg^eryices to members of the public remain safe and accessible to all state
residents regardless of immigration status by lunitine. to the fullest extent possible
consistent with state and federal law. voluntary consent for entry into nonmiblic areas of
the facility by law enforcement officers for imimeration enforcement purposes and
disclosure of protected records held by the facility to law enforcement officers^for
imniigration enfQrcement pumoses. The Attomev General shall review and may amend the
published model policies and guidance on a biennial basis.
2. Mandatory adoption of model policies and euidance. The followmg facilities
shall adopt the model policies and guidance oublished bv the Attomev General under
subsection I. or establish equivalent policies and guidance, within 3 months of fhe date that
the Attorney General publishes the model policies^ and Ruidanc^^^^^^^^^ to the facility
and within 3 months of the date that the Attorney General publishes any amended model
policies and euidance aDplicable to the facility:
COMMITTEE AMENDMENT
COMMrTTEE AMENDMENT "A-" to H.P. 1421, L.D. 2106
^(y 1 A. Public schools and postsecondary educational institutions as provided in Title 20-A.
section 14;
B. State institutions as provided in Title 22. section 1730-B; and
C. State libraries as provided m Title 27. section_lQ9-A.
3. Optional adoption of model policies and euidance. The followine facilities may.
but are not required to. adopt the model policies and euidance or an amendment to the
model policies and Ruidance published by the Attomey General under subsection 1:
A. A private preschool, private elementary school, private secondary school or private
oostsecondarv educational mstitution that is not subject to Title 20-A. section 14,
subsection 5;
B. A health care facility that is not subject to Title 22. section 1730-B. subsection 5.
For ourooses of this oaraeraoh. "health care facility" has the same meanine as in section
19201. subsection 2-B:
C. A facility that provides residential or commumtv suooorts for adults or children or
a facility or program that provides health care. assisted livine services, behavioral
health services, services to persons with intellectual disabilities, autism spectnun
disorder or acquired brain injuries or similar services that is not subject to Title 22.
section 1730-B. subsection 5:
D, A child care_facility_or family child care wovider Ucensed under Title 22. section
8301-A:
E, A public library that is not subject to Title 27. section 109-A. subsection 5. For
purposes of this paragraph, "public library" has the same meaning as in Title 27. section
110. subsection 10: and
F^A. house of worship or other place where relieious services are conducted.
Sec. 2. 20-AMRSA §14 is enacted to read:
§14. Limited authority of public schools and postsecondarv educational institutions
to consent for entry into nonoublic areas and to access records
1. Definitions._As used m this section, unless the context otherwise indicates, the
following terms have the following mea-nines,
A. "Edu6ation_jLecord"_hasthe same meanine as in the federal Family Educational
Rights and Privacy Act of 1974. 20 United States Code. Section 1232efay4). and its
jmplementme regulations.
B. "Law enforcement officer" has the same meaning as defined in Title 16. section
638. subsection 2 and includes a "federal officer" as defined in Title 25. section
1502-A. subsection 1.
C^'Nowublic area" means an area of a buildine or facility that the public is not free
to enter or access and includes a restricted access area within a building or facility that
is otherwise uredommatelv open to the public. "Nonpublic area" also includes all areas
within a buildine or facility during any time that the buildme or facility is closed for
operation.
COMMITTEE AMENDMENT
^0
C, COMMnTEE AMENDMENT "^ " to H.P. 1421, L.D. 2106
D. "Public school" means a "public preschool program" as defined in section 1.
subsection 23-A; a "publicly supported secondary school" as defined in section 1.
subsection 23-B; and a "public school" as defined in sectionJ, sybsection 24.
E. "State postsecondary educational institution" means a university within the
University of Maine System; a college wifhm fhe Maine Community College System;
and the Maine Maritime Academy.
2. Voluntary consent for entry into nonpublic areas prohibited. A person actine
on behalf of a public school or state postsecondarv educational institution may not provide
voluntary consent uennittme a law enforcement officer to entera nonpublic area of the
public school or state postsecondary educational institution for immigration enforcement
purposes.
3. Voluntary consent to access education records prohibited. A oersonactme on
behalf of a public school or state oostsecondarv educational institution may not provide
voluntary consent penmttine a law enforcement officer to access education records for
immieration enforcement ourposes. This subsection may not be constmed to prevent
person actine on behalf of a public school or state oostsecondarv educational institution
from disclosing education records in response to a reguest firom a law enforcement officer
to the extent that the disclosure is required by a court order or by state or federal law,
4. Mandatory compliance activities. Notwithstandme subsections 2 and 3. if a public
school or state postsecondarv educational institution is required by federal law to permit a
law enforcement officer to inspect specific records ^r toicon.duct interviews regardme the
elieibilitv of noncitizens to work in the United States or to attend school in the United
States:
A. The public school or state uostsecondarv educational institution. shall desimate a
nonpublic area within the public school or state postsecondarv educational institution
where federal immigration officials may conduct these inspections and mterviews; and
B. The public school or state uostsecondarv educational institution may pennit law
enforcement officers to access a specific location to verify eligibility for employment
or school attendance, if federal law requires that law enforcement officers be provided
access to that specific location within fhe public school or state postsecondary
educational institution when conductine these inspections and interviews.
5. Reauired, BoUcy^^^a^^ Each public school and state postsecondarv
educational mstitution in the State shall adopt the model policies and euidance published
by the Attorney General under Title 5. section 200-0 or establish equivalent policies and
5 euidance as required by Title 5. section 200-0. subsection 2.
6. Violation: exemption. Prior to the date that a public school or state oostsecondary
educational institution adopts, or is required to adopt, whichever is earlier, a policy and
©udance pursuant to Title 5. section 200-0. subsection 2. a person actine on behalf of the
mblic school or state oostsecondar/ educational institution does not violate subsection 2
or subsection 3 if the person provides voluntary consent oermittine a law enforcement
officer to enter a nonoublic area of a public school or state oostsecondarv educational
mstitution or to access education records and if the jierson is_actin£ m_good faith.
7. Other educational faculties. A private oreschool. private elementary school.
private secondary school or private oostsecondarv educational institution that is not subject
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "J\" to H.P. 1421, L.D. 2106
x0^ .
to subsection 5 may. but is not required to. adopt the model policies and euidance or an
amendment to the model policies and guidance published by the AttomevJ3eneralpursuant
to Title 5. section 200-0. subsectionj,
Sec. 3. 22 MRSA §1730-B is enacted to read:
S1730-B. Limited authority of certain health care facilities to consent for entry into
aonnublic areas and to access records
1. Definitions. As used in this section, unless the context otherwise indicates, the
followine terms have the followine meanines.
A. "Health care facility" has the same meaning as in Title 5. section 19201. subsection
2-B.
B. "Law enforcement officer" has the same meanme as defined in Title 16. section
638^_subsection 2 and includes a "federal officer" as_defmed in Title 2^_,section
1502-A. subsection 1.
C. "Nottpublic area" means an area of a building or facility that the public is not free
to enter or access and includes a restricted access area within a building or facility that
is otherwise oredominatelv or>en to the public. "Nonoublic area" also includes all areas
within a building or facility durine any time that the building or facility is closed for
operation,
D. "Protected health care information" has the same meanine as "healfh care
infonnation" as defined in section 1711-C. subsection 1. oaraerach E and includes
individually identifiable health care information, the disclosure of which is restricted
by the federal Health Insurance Portability and Accountability Act of 1996, PubUcLaw
104-191 and its implementme refiMlations .
E. "State institution" has the same meaainR as in Title 34-B. section 1001. subsection
8,
2. Voluntary consent for entry into nonnublic areas prohibited. A person actine
on behalf _ of a state institution may not provide voluntary consent permittine a law
enforcement officer to enter a nonuublic area of the state institution for immieration
enforcement purposes.
3. Voluntary consent to access protected prohibited. A
person acting on behalf of a state institution may not provide voluntary consent permittme
a law enforcement officer to access protected health care information for immieration
enforcement UUTDOSCS. This subsection may not be constmed to prevent a person actme on
behalf of a state institution from disclosine protected health care information in response
to a request from a law enforcement officer to the extent that the disclosure is required by
a court order or by state or federal law.
4. Mandatory compliance activities. Notwithstandmg subsection 2. if a state
8 institution is required by federal law to permit a law enforcement officer to inspect specific
records that do not contain protected health care information or to conduct interviews
refiardine the eligibility of noncitizens to work in the United States:
A, The state mstitution shall designate a nonmiblic area within the state institution
where federal immigration officials may conduct these mspections and intendews; and
Page4-132LR2939(02)
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT ".[V to H.P, 1421, L.D. 2106
^ . —-"•ff .-•".—.-
B. The state institution may permit law enforcement officers to access a specific
location to verify elieibility for emDlovment, if federal law reauires that law
enforcement officers be provided access to fhat specific location within the state
institution when conductine these inspections and interviews,
5. Required policy and euidance; licensure. Each state institution shall adopt the
model policies and euidance QubUshedJsY the Attomev General under Title 5. section
200-0 or establish equivalent policies and euidance as required by Title 5. section 200-0,
subsection 2. Beeinmne January 1, 2027. the department may verify comuliance with this
requirement as part of any aoolicable initial Ucensure or license renewal process under this
Title.
6. Violation; exemptions. The following provisions goyem Yiolations of this section.
A. Violations of this section are not subject to section 47. subsections 3 and 4.
B. Prior to the date that a state institution adopts, or is required to adopt, whichever is
earlier, a policy and guidance pursuant to Title 5. section 200-0. subsection 2. a person
actine on behalf of the state institution does not violate subsection 2 or subsection 3 if
the person provides voluntary consent penmttine a law enforcement officer to enter a
nonrmblic area of a state institution or to access protected health care information for
immieration uurposes and if the person is actine in eood faith.
7. Other facilities. A health care facility or a facility urovidine residential or
community suooorts for adults or children or a facility or program that provides health care,
assisted livine services, behavioral health services, services to persons wifh intellectual
disabilities, autism spectrum disorder or acquired brain injuries or similar services that is
not subject to subsection 5 may, but is not required to. adopt the model policies and
euidance or an amendment to the model uolicies and euidance published by the Attorney
General pursuant to Title 5. section 200-0. subsection 1,
Sec. 5. 27 MRSA §109-A is enacted to read:
S109-A. Limited authority of certain libraries to consent for entry into nonpublic
areas and to access records
1. Definitions. As used in this section, unless the context otherwise indicates, the
followme terms have the fotlowine meanines.
A. "Law enforcement officer" has the same meaning asdefined in Title 16. section
638. subsection 2 and includes a "federal officer" as defmed in Title 25. section 1502^
A. subsection 1.
B, Nonoublic area means an area of a buildme or facility that the public is not firee
to enter or access and includes a restricted access area within a building or facility that
6 is otherwise oredommatelv open to the public. "Nonpublic area" also includes all
otherwise public areas within a building or facility durme any time that the building or
facility is closed for operation.
9 C. "Protected patron record" means a record maintained by a state library or public
library that is confidential pursuant to section 121. subsection 1.
D. Public library has the same meaning as m sectionllQ.s^^ 10,
COMMITTEE AMENDMENT
^ COMMDTTEE AMENDMENT " ^ to H.P. 1421, L.D. 2106
<^-
E. "State library" means the Maine State Library: the Law and Legislative Reference
Library: and a library of the University of Maine System, the Maine Community
College System and the MaineMeantime Academv.
2. Voluntary consent for entry into nonoubUc areas orohibited. A nerson actine
on behalf of a state library may not provide voluntary consent uermittine a law enforcement
officer to enter a nonuublic area of the state library for immieration enforcement uurooses.
3. Voluntary consent to access protected patron records prohibited. A person
acting on behalf of a state library may not provide vohmtarv consent oennittma_aJaw
enforcement officer to access protected patron records for immieration enforcement
purposes. This subsection may not be construed to prevent a uerson actine on behalf of a
state libraryfromdisclosing protected patron, records in respQnse to a request from a law
enforcement officer to the extent that the disclosure is required by a court order or by state
or federal law.
4. Mandatory compliance activities. Notwithstaadme subsection 2. if a state library
is required by federal law to uermit a law enforcement officer to inspect specific records
other than protected patron records or to conduct interviews reearding the elieibilitv of
noncitizens to work in the United States:
A. The state library shall designate a nonoublic area within the state library where law
enforcement officers may conduct these inspections and interviews: and
B. The state library may permit law enforcement officers to access a specific location
to verify elieibilitv for emolovment if federal law requires fhat law enforcement
officers be provided access to that specific location within the state library when
conductme these inspections and interviews.
5. Reauired oolicv and euidance. Each state library shall adout the model policies
and guidance published by the Attorney General under Title 5. section 200-0 or establish
ecmiyalent nolicies and guidance as required by Title 5, section 200-0. subsection 2.
6. Violation: exceptions. Prior to the date that a state library adopts, or is required to
adopt, whichever is earlier. a policy and Ruidance pursuant to Title 5. section 200-0.
subsection 2. a person acting on behalf of the^tate library does not violate subsection 2 or
subsection 3 if the person orovides voluntary consent oennittine a law enforcement officer
to enter a nonoubljc area_of_a_state library or to access protected uatron records for
immigration purposes and if fhe person is acting in aood faith.
7. Other public libraries, A public library that is not subject to subsection 5 may. but
is not reomred to. adoot the model policies and euidance or an amendment to the model
5 Dolicies and guidance published by the Attorney General pursuant to Title 5. section 200-0.
subsection 1.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
8 number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill and
changes the title. The amendment directs the Attorney General to publish model policies
and guidance for ensuring that public schools and postsecondary educational institutions,
state health institutions and certain public libraries remain safe and accessible to all state
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT " )\ " to H.P. 1421, L.D. 2106
^ ^ -^^^.^^^^
residents regardless of immigration status by limiting each of these covered facilities'
authority to voluntarily consent for law enforcement entry into nonpublic areas of the
facility or law enforcement access to the facility's records for immigration enforcement
purposes to the fullest extent possible consistent with state and federal law. Within 3
months of the date that the applicable model policy and guidance is published, each covered
facility must adopt fhe published policy and guidance or establish an equivalent policy and
guidance. The amendment also authorizes, but does not require, adoption of fhe model
policy and guidance by private educational facilities; health care facilities that are not state
institutions; facilities providing residential or community supports for adults or children;
programs that provide health care, assisted living services, behavioral healfh services,
services to persons with mtellectual disabilities, autism spectrum disorder or acquired brain
injuries or similar services; other public libraries; child care facilities and family child care
providers; and houses of worship and other places where religious services are conducted.
The affected facilities may, but are not required to, adopt these model policies and
guidance.
The amendment also directs that a person acting on behalf of a public school or state
postsecondary educational institution, a state health mstitution or certain public libraries
may not provide voluntary consent permittmg a law enforcement officer to enter a
nonpublic area'of the public school or state postsecondary educational institution, state
health institution or public library for immigration enforcement purposes. A person actmg
on behalf of a public school or state postsecondary educational institution, a state health
institution or certain public libraries also may not provide voluntary consent permitting a
law enforcement officer to access education records, protected health care information or
protected patron records unless disclosure of the information is required by a court order
or by state or federal law. Before the date that the covered facility adopts, or is required to
adopt, whichever is earlier, the model policy and guidance published by the Attorney
General, a person acting on behalf of the covered facility does not violate the prohibitions
in the amendment if the person is acting in good faith.
The amendment further directs that if federal law requires a public school or state
postsecondary educational institution, a state health institution or certain public libraries to
permit a law enforcement officer to inspect specific records or to conduct interviews
regarding the eligibility of noncitizens to work in the United States, or if federal law
requires a public school or state postsecondary educational institution to permit a law
enforcement officer to inspect specific records or conduct interviews regarding the
eligibility of noncitizens to attend school in the United States, the affected facility must
designate a nonpublic area within the facility where federal immigration officials may
conduct these inspections and interviews. If federal law requires that law enforcement
officers be provided access to specific locations when conducting these inspections and
interviews, the facility may permit law enforcement officers to access those specific
locations.
Finally, the amendment provides that, as part of any applicable initial licensure or
license renewal process, the Department of Health and Human Services may verify a state
institution's compliance with the requirement to either adopt the model policy and guidance
published by the Attorney General or to establish an equivalent policy and guidance.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 03/20/26
I^RL
LD 2106 LR 2939(02)
An Act to Prohibit the Disclosure ofNonpubIic Records Without Proper Judicial Review
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Judiciary
Fiscal Note Required: Yes
•A^ffl)
Fiscal Note
Potential current biennium cost increase - General Fund
Fiscal Detail and Notes
This bill requires the Attorney General to publish model policies and guidance for limiting the authority of certain
entities to consent to entry to nonpublic areas or review of records. Public schools, state postsecondary education
institutions, state institutions (the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center), and state
libraries are required to adopt the model policy.
The cost to the University of Maine System (System) to implement the provisions of this bill cannot be determined at
this time and may necessitate additional funding to the System.
Any additional costs to the Office of the Attorney General, Maine Community College System, Maine Maritime
Academy, and Maine State Library to implement the provisions of this bill are expected to be minor and can be
absorbed within existing budgeted resources.
The cost to school administrative units to implement the provisions of this bill are expected to be minor and will likely
not necessitate additional expenditures by localities.
LR2939(02) - Fiscal Note - Page 1 of 1