An Act to Protect the I
Maine Legislature, Session 132, LD 0251
Committee Amendment CA_A_S49 (Senate)
Amends: 1 MRSA §402

132ND LEGISLATURE i
COMMITTEE AMENDMENT "/ " to S,P, 118, L.D. 251, "An Act to Protect the I
Confidentiality of Information of Individual Customers of a Public Utility"
Amend the bill in section 2 in paragraph V in the last line (page 1, line 24 in L.D.) by
striking out the following: "and" • ;
Amend the bill in section 3 in paragraph W in the first line (page 1, line 26 in L.D.) by .|
inserting after the following: "Infonnatioii" the fbllowing; 'in the possession of a public |
utility, the Office of the Public Advocate or the Public Utilities Commission' |
Amend the bill in section 3 in paragraph W in the last line (page 1, line 28 in L.D.) by ;
striking out the following: "UJ_" and inserting the following: '111;and' ;
Amend the bill by inserting after section 3 the following: ;
'See. 4. 1 MRSA §402, sub-§3, ^X is enacted to read: . ;
X, Information in the possession of a public sewer system uertainine to an individual I
customer of a public utility as described in this paragraph. For purposes of this
paraeraph. "public sewer system" means a municioalitv. division of a municipality or I
quasi-nnmicipal entity that is a municipal sewer department, a sewer district as defined ;
in Title 38. section 1032. subsection 3 or 4, a system that collects stormwater or a I
sanitary district formed under Title 38. chapter 11. I
fl) If the municipality, division of a municipality or auasi-municipal entity, 1
referred to in this subparaRrapll as "the entity." is both a public sewer system and i
a water utility as defined in Title 35-A. section 102. subsection 22. information in i
the possession of the entity. the Office of the Public Advocate or the Public Utilities i
Commission pertain me. to an individual customer of the public sewer system is I
' confidential if that information would be confidential under paragraph W if the |
information pertained to an individual customer of a water utility, i
(2) Fot^ sewer systems not described in subnai'aeraph fl). information in
the possession of the public seWer system pertaimne to an individual customer of ;
the public sewer svstem> includma the customer's name. Dhysical or mailing i
Page I - 132LROS50(02)
COMMITTEE AMENDMENT
^ ^> COMMITTEE AMENDMENT " ^ " to S.P. 1 18, L,D. 251 ^ L|
I addi'ess, e-mail address, telephone number. utility usaee. uavment and credit
history, financial condition or medical condition, or financial or medical condition
of a member ofthectistomer's family. is confidential and may not be disclosed by
the public sewer system unless:
CalThe customer consents to the disclosure. For uitfposes of tins division. the
ixibtic sewer system may accept an oral certification from a social service
agency that tlie customer has consented to the pnbHc^ewer svstein's^iisclosiire
of the customer's information to the social service aeencv;
fb) The disclosure is made for the purpose of debt collection, credit reporting
or usage reooiling pursuant to state or.fedei'al law, excent tliat tlie infonuatioii
may not be disclosed for purposes of debt collection or credit reoortins
purposes if the customer is currently protected by a protection from abuse order
and the customer has disclosed the urotection from abuse order to the public
sewer system;
(c) The ciisclosure is 'made to a law enforcement officer or law eiiforcement
agency pursuan t to lawful process;
(d) The disclosure is made to state, county, tribal or local emefKency
manaeement aeencv personnel when tlie information about the indiviclual
customer is requested while the agency is responcline to an emergency
situation;
(e) The disclosure is made to a public iitility oiLRub!ic_sew5^^^^^^^^^^^^
extent necessary to allow these entities to bill customers for services rendered;
or
(f) The disclosure is otherwise required by state or federal law.'
Amend the bill by relettering or renuinbei'ing any nonconsecufive Part letter or section
number to read consecutively.
SUMMARY
' This amendment excludes from the definition of "public records" in the Freedom of
Access Act information pertaining to an individual customer of a public sewer system to a
similar extent that information pertaining to an individual customer of a public utility would
be considered confidential under rules adopted by the Public Utilities Commission.
Page2-132LR0550(02)
COMMITTEE AMENDMENT