An Act to Enact the Maine Online Data Privacy Act
Maine Legislature, Session 132, LD 1822
Committee Amendment CA_A_SA_A_S528 (Senate)

SENATE AMENDMENT " A " to COMMITTEE AMENDMENT "A" to H.P. 1220,
L.D. 1822, "An Act to Enact the Maine Online Data Privacy Act"
Amend the amendment by inserting after the first instructional paragraph the
following:
'Amend the bill in section 1 in c. 1057 in §9602 in subsection 6 in the last line (page 1,
Ime 35 in L.D.) by striking out the following: "data" and inserting the following; 'data,
except that "collect" does not include such activities between a controller and a processor
or between a processor and its subcontTaotors''
Amend the amendment on page 2 by striking out all of the 2nd instructional paragraph
(page 2, lines 4 to 6 in amendment) and inserting the following:
'Amend the bill m section 1 in c. 1057 in §9602 in subsection 28 in the first line (page
4, line 19 in L.D.) by inserting after the following: "that" the following: 'collects or''
Amend the amendment on page 2 in subsection 3 1 in paragraph B in subparagraph (3)
in the last line (page 2, line 1 9 in amendment) by inserting after the following: "consumer:
the following: IQ£I
Amend the amendment on page 2 in subsection 31 in paragraph B by striking out all
ofsubparagraphs (4) to (6).
Amend the amendment on page 2 in subsection 31 in paragraph B by renumbering the
subparagraphs to read consecutively,
Amend the amendment on page 3 by striking out the 3rd instructional paragraph (page
3, lines 9 to 11 in amendment) and inserting the following;
'Amend the bill in section 1 in c, 1057 in §9603 in subsection 1 in the first line (page
6, line 28 in L.D.) by striking out the following: "July 1.2026" and inserting the following:
'September 1.2027"
Amend the amendment on page 3 by inserting after the 3rd instructional paragraph the
followmg:
'Amend the bill in section 1 in c, 1057 in §9604 in subsection 1 in paragraph G in the
last line (page 7, line 19 in L.D.) by striking out the following; "QI:"
Page I - l32LR0014(09)
SENATE AMENDMENT
SENATE AMENDMENT H ft " to COMMITTEE AMENDMENT "A" to H.P, 1220, L.D. 18221
Amend the bill in section 1 in c. 1057 in §9604 in subsection 1 in paragraph H in the
last line (page 7, line 22 in L,D.) by striking out the following: "service." and inserting the
following: 'service; or'
Amend the bill in section 1 in c. 1057 in §9604 in subsection 1 by inserting after
paragraph H the following:
'I. A political oreanization. defined as a party, committee, association, fund or other
oreanization. whether or not incorporated, that is organized and operated orimarilv for
the purpose of influencing or attempting to influence the selection, nomination.
election or aooointment of any individual to anv federal, state or local miblic office or
office in a political oreanization or the election of a presidential or vice-Dresidential
elector, whether or not the individual or elector is seiected, nominated, elected or
apoomted.''
Amend the amendment on page 5 in paragraph C in subparagraph (2) in the first line
(page 5, line 39 m amendment) by staking out the following: "2026" and inserting the
following; '2027-
Amend the amendment on page 6 by inserting after the first instructional paragraph the
following;
"Amend the bill in section 1 in c. 1057 in §9609 in subsection 1 m the first line (page
15, line 18 in L.D.) by inserting after the followmg: "to" the following: 'collect or*'
Amend the amendment on page 7 in subsection 8 in the last line (page 7, line 36 in
amendment) by striking out the following: "2026" and inserting the following: '2027'
Amend the amendment on page 9 by inserting after subsection 8 the following:
'Amend the bill in section 1 in c. 1057 in §9614 in subsection 2 in the 3rd line (page
21, line 32 in L.D.) by striking out the following: "2022" and inserting the followmg; '2028'
Amend the amendment on page 9 in §9615 in the first indented paragraph in the first
line (page 9, line 9 in amendment) by striking out the following: "February 1. 2027 and
annually thereafter" and inserting the following: 'January 5th annually'
Amend the amendment on pages 9 and 10 by striking out all of sections 2 and 3 and
inserting the following:
'See. 2. Report by Attorney General in 2028. Notwithstanding the Maine Revised
Statutes, Title 10, section 9614, the Attorney General shall submit the first report required
by Title 10, section 9614 no later than February 1,2028.
Sec. 3. Appropriations and allocations. The followmg appropriations and
allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Provides funding for one Assistant Attorney General position, one Paralegal
position, one Technician position and related costs to administer and enforce the Maine
Online Data Privacy Act.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
Page2-132LR0014(09)
SENATE AMENDMENT
SENATE AMENDMENT " f\ " to COMMITTEE AMENDMENT "A" to H.P. 1220, L.D. 1822^ S • S''2- ^
POSITIONS-LEGISLATIVE COUNT 0.000 3.000
Personal Services $0 $420,508
AllOther $0 $20,000
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $440,508
See. 4. Effective date. That section of this Act that enacts the Maine Revised
Statutes, Title 10, chapter 1057 takes effect September 1, 2027.'
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment amends Committee Amendment "A" to:
1. Exempt from the definition of "collect" activities between a controller and a
processor and between a processor and its subcontractors;
2. Remove from the definition of "process" the exclusion of the collection of personal
data;
3, Add to the definition of "processor" the collection of personal data;
4, Remove from the definition of "publicly available information" the exclusion of
information used to create a consumer profile that is publicly available, information
available for sale and inferences related to such information;
5. Add as an exempt entity a political organization;
6. Delay the effective date of the Maine Online Data Privacy Act from September 1,
2026, as proposed in Committee Amendment "A," to September 1, 2027 and make other
date changes to accommodate that delay, including:
A. The date by which a consumer must be allowed to opt out of the collection or
processing of data, September 1,2027;
B. The cutoff date for a violation that the controller or processor may cure without
enforcement by the Attorney General, April 1,2028; and
C. The date the Attorney General is first required to submit a report to the j oint standing
committee of the Legislature having jurisdiction over judiciary matters, February 1,
2028. Subsequent reports are due annually by January 5th; and
7. Replace the appropriation and allocation section in Committee Amendment "A" to
change the source of the funding.
SPONSORED BY:
(Senator CARNEY, A.)
COUNTY: Cumberland
FISCAL NOTE REQUIRED
(See attached)
SENATE AMENDMENT
Approved: 03/04/26 t-KI^
LD 1822 LR 14(09)
An Act to Enact the Maine Online Data Privacy Act
Fiscal Note for Senate Amendment "^. to Committee Amendment "A"(.. S"S.2-y
Sponsor: Sen. Carney of Cumberland
Fiscal Note Required; Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund
Appropriations/Allocations
General Fund
Other Special Revenue Funds
$0
$0
$0
($440,508) ($457,416) ($489,920)
($440,508)
$440,508
($457,416)
$457,416
($489,920)
$489,920
Fiscal Detail and Notes
The amendment changes the source of funding for the 3 positions from General Fund to Other Special Revenue
Funds.
LROO 14(09) - Fiscal Note - Page 1 of 1