An Act Regarding the
Maine Legislature, Session 132, LD 0417
Committee Amendment CA_A_H114 (House)
Amends: 12 MRSA §8007

FffiST SPECIAL SESSION 
COMMITTEE AMENDMENT" A;• to H.P. 271, L.D. 417, "An Act Regarding the 
Confidentiality of Certain Records Belonging to the Depa1iment of Agriculture, 
Conservation and Forestry Related to the Bureau of Forestry" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Confidentiality of Certain Records Belonging to the Bureau of 
Forestry' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 12 MRSA §8007 is enacted to read: 
§8007. 
Confidentiality of complaints and investigative records related to forest 
products harvesters or haulers 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Conclusion of an investigation" means that an investigation has been closed or one 
of the following events has occurred with respect to the investigation: 
(1) A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter 4 
has been issued: 
(2) A consent agreement has been executed: or 
(3) An enforcement proceeding has been filed in a court of competent jurisdiction. 
B. "Forest products harvester or hauler"· has the same meaning as in Title 26, section 
3701, subsection 4. 
2. Records obtained during an investigation or through provision of services to 
forest products harvesters or haulers. Records of the bureau are confidential if: 
Page I - 132LR0371(02) 
COMMITTEE AMENDMENT 
ROS 
- 27 
COMMITTEE AMENDMENT"/\' to H.P. 271, L.D. 417 
A. The records are obtained during an investigation of a complaint related to a 
• provision ofor suspected violation of this Part by a forest products harvester or hauler: 
or 
B. The records are obtained in connection with providing a service to a forest products 
harvester or hauler consistent with the bureau's duties pursuant to this Part. 
Records obtained during an investigation of a complaint related· to a provision of or 
suspected violation of this Part become public upon conclusion of an investigation unless 
the records are otherwise classified as confidential by any other provision of law. 
3. Exceptions. Notwithstanding subsection 2, during the pendency of an investigation, 
a complaint or investigative record may be disclosed: 
• 
A. To bureau employees designated by the director; 
B. By a bureau employee when and to the extent considered necessary to facilitate the 
investigation: 
C. To other state or federal agencies when the records contain evidence of possible 
violations of laws enforced by those agencies: 
D. When and to the extent disclosure is considered necessary by the director to avoid 
imminent and serious harm. The authority of the director to make a disclosure pursuant 
to this paragraph may not be delegated: and 
E. To a person being investigated on that person's reguest. The director may refuse to 
disclose part or all of any investigative information, including the fact of an 
investigation, when the director detennines that disclosure would prejudice the 
investigation. The authority of the director to make such a determination- may not be 
delegated. 
4. • Attorney General records. 
The disclosure of investigative records of the 
Department of the Attorney General to a bureau employee designated by the director does 
not constitute a waiver of the confidentiality of those records for any other purposes. 
Further disclosure of those investigative records is subject to Title 16, section 804 and the 
discretion of the Attorney General. 
5. Violation. A person who knowingly or intentionally makes a disclosure of records 
in violation of this section commits a civil violation for which a fine not to exceed $1,000 
may be adjudged.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report, replaces the bill and clarifies that 
provisions governing the confidentiality of records apply to records belonging to the 
Bureau of Forestry within the Department of Agriculture, Conservation and Forestry. The 
amendment. also na1Tows the scope of the bill to apply to records associated with 
investigations of complaints and suspected violations of the Maine Revised Statutes, Title 
COMMITTEE AMENDMENT 
ROS. 
COMMITTEE AMENDMENT"/\" to H.P. 271, L.D. 417 
12, Part 11 by a forest products harvester or hauler and records belonging to the bureau that 
are obtained in connection with providing a service to forest products han,esters or haulers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/11/25 LRL 
LD417 
LR 371(02) 
An Act Regarding the Confidentiality of Certain Records Belonging to the Department of Agriculture, 
Conservation and Forestry Related to the Bureau of Forestry 
Fiscal Note for Bill as Amended by Committee Amendment ''[:\ / t-,-J \4,\ 
Committee: Agriculture, Conservation and For~stry 
l
T) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
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 cqllection of additional fines will increase General Fund or other dedicated 
revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of the Attorney General or the Department of Agriculture, Conservation and 
Forestry associated with this legislation are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR0371(02) - Fiscal Note - Page 1 of 1