An Act to Implement the Recommendations of the Right to Know
Maine Legislature, Session 132, LD 1828
Committee: Judiciary
Amends: 25 MRSA §2006, 26 MRSA §1085, 27 MRSA §86-B, 30-A MRSA §503, 30-A MRSA §2702, 32 MRSA §2105-A, 32 MRSA §3300-A, 32 MRSA §6207-B, 32 MRSA §9418, 32 MRSA §11305, 32 MRSA §16524, 32 MRSA §16607, 32 MRSA §18509

Legislative Document
No. 1828
H.P. 1223
House of Representatives, April 29, 2025
An Act to Implement the Recommendations of the Right to Know 
Advisory Committee Concerning Public Records Exceptions
Reported by Representative KUHN of Falmouth for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2006, as repealed and replaced by PL 2013, c. 54, §1, is amended 
to read:
§2006.  Access to information and proceedings
1.  Application, refusals and collected information; proceedings.  All applications 
for a permit to carry concealed handguns and documents made a part of the application, 
refusals and any information of record collected by the issuing authority during the process 
of ascertaining whether an applicant is of good moral character and meets the additional 
requirements of sections 2003 and 2005 are confidential and are not public records for the 
purposes of Title 1, chapter 13, subchapter 1. The applicant may waive this confidentiality 
by written notice to the issuing authority. All proceedings relating to the issuance, refusal, 
suspension or revocation of a permit to carry concealed handguns are not public 
proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.
2.  Permanent record of permit.  The issuing authority shall make a permanent record 
of each permit to carry concealed handguns in a suitable book or file kept for that purpose. 
The record must include the information contained in the permit itself.  The record is 
confidential except that the following information about each permit holder is not 
confidential and is a public record:
A.  The municipality of residence;
B.  The date the permit was issued; and
C.  The date the permit expires.
This subsection does not limit disclosure of confidential information for criminal justice 
purposes or permitting purposes to law enforcement officers and issuing authorities.
Sec. 2.  26 MRSA §1085, sub-§4, as enacted by PL 2019, c. 644, §4, is amended to 
read:
4.  Confidentiality.  All information obtained by the bureau pursuant to this section is 
confidential and not a public record as defined in Title 1, section 402, subsection 3.  The 
information may be used only for making decisions regarding the suitability of an affected 
person for new or continued employment with the bureau, to provide services to the bureau 
under an identified contract or to access federal tax information obtained from the bureau.
Sec. 3.  27 MRSA §86-B, as enacted by PL 2013, c. 205, §1, is amended to read:
§86-B.  Confidentiality of certain research and personal information
1.  Draft research and materials.  Museum draft research, publications and exhibit 
materials, including scientific, archaeological and historical findings, are confidential and 
not public records for the purposes of Title 1, chapter 13, subchapter 1 until complete and 
presented to the public.  The Museum Director may authorize disclosure before publication 
or presentation to the public.
2.  Personal history research and materials.  Personal information contained in any 
record about the individual that is obtained by the Maine State Museum in the course of a 
historical research project is confidential and not a public record for the purposes of Title 
1, chapter 13, subchapter 1 until:
A.  The individual authorizes the release of the personal information as a public record; 
or
B.  The death of the individual, except that the Museum Director may, at the request of 
the individual, designate in writing that personal information about the individual 
remain confidential for a specified period, not to exceed 25 years after the death of the 
individual, to protect the privacy of the individual or the privacy of the parent or child 
of the individual.
For the purposes of this section, "personal information" means any information about 
an individual's personal history, including, but not limited to, medical, psychiatric, 
employment, counseling and other information of a personal or private nature.
Sec. 4.  30-A MRSA §503, sub-§1, ¶A, as amended by PL 1989, c. 6 and c. 9, §2 
and c. 104, Pt. C, §§8 and 10 and repealed and replaced by c. 402, §2, is further amended 
by amending subparagraph (1) to read:
(1)  Notwithstanding any confidentiality provision other than this paragraph, 
applications, resumes and letters and notes of reference, other than those letters and 
notes of reference expressly submitted in confidence, pertaining to the applicant 
hired are public records after the applicant is hired, except that personal contact 
information is not a public record as provided in Title 1, section 402, subsection 3, 
paragraph O.
Sec. 5.  30-A MRSA §503, sub-§1, ¶A, as amended by PL 1989, c. 6 and c. 9, §2 
and c. 104, Pt. C, §§8 and 10 and repealed and replaced by c. 402, §2, is further amended 
by amending subparagraph (2) to read:
(2)  Telephone numbers are not public records confidential if they are designated 
as "unlisted" or "unpublished" in an application, resume or letter or note of 
reference.
Sec. 6.  30-A MRSA §2702, sub-§1, ¶A, as amended by PL 2019, c. 451, §3, is 
further amended by amending subparagraph (1) to read:
(1)  Notwithstanding any confidentiality provision other than this paragraph, 
applications, resumes and letters and notes of reference, other than those letters and 
notes of reference expressly submitted in confidence, pertaining to the applicant 
hired are public records after the applicant is hired, except that personal contact 
information is not a public record as provided in Title 1, section 402, subsection 3, 
paragraph O.
Sec. 7.  30-A MRSA §2702, sub-§1, ¶A, as amended by PL 2019, c. 451, §3, is 
further amended by amending subparagraph (2) to read:
(2)  Telephone numbers are not public records confidential if they are designated 
as "unlisted" or "unpublished" in an application, resume or letter or note of 
reference.
Sec. 8.  32 MRSA §2105-A, sub-§3, ¶B, as amended by PL 1993, c. 600, Pt. A, 
§116, is further amended to read:
B.  In a consent agreement or other written settlement when the information constitutes 
or pertains to the basis of board action, except that any information that identifies or 
could reasonably lead to identification of a patient is confidential.
Sec. 9.  32 MRSA §3300-A, as enacted by PL 2001, c. 214, §2, is amended to read:
§3300-A.  Confidentiality of personal information of applicant or licensee
An applicant or licensee shall provide the board with a current professional address and 
telephone number, which will be their public contact address, and a personal residence 
address and, telephone number and email address.  An applicant's or licensee's personal 
residence address and, telephone number is and email address are confidential information 
and may not be disclosed except as permitted by this section or as required by law, unless. 
However, if the personal residence address and telephone number have been provided as 
the public contact address, the personal residence address and telephone number are not 
confidential.  Personal health information submitted as part of any application is 
confidential information and may not be disclosed except as permitted by this section or as 
required by law.  The personal health information and personal residence address and, 
telephone number and email address may be provided to other governmental licensing or 
disciplinary authorities or to any health care providers located within or outside this State 
that are concerned with granting, limiting or denying a physician's employment or 
privileges.
Sec. 10.  32 MRSA §6207-B, as enacted by PL 2017, c. 265, §2, is repealed and the 
following enacted in its place:
§6207-B.  Confidential information
The address and telephone number of an applicant for licensure or a person licensed 
under this chapter that are in the possession of the board are confidential. This section does 
not prohibit the board and its staff from using and disclosing the address and telephone 
number of an applicant or licensee as necessary to perform the duties and functions of the 
board.
Sec. 11.  32 MRSA §9418, first ¶, as amended by PL 2011, c. 662, §20, is further 
amended to read:
Notwithstanding Title 1, chapter 13, subchapter 1, all applications for a license to be a 
contract security company and any documents made a part of the application, refusals and 
any information of record collected by the commissioner during the process of ascertaining 
whether an applicant is of good moral character and meets the additional requirements of 
sections 9405 and 9411‑A, and all information of record collected by the commissioner 
during the process of ascertaining whether a natural person meets the requirements of 
section 9410‑A, are confidential and may not be made available for public inspection or 
copying.  The applicant or natural person may waive this confidentiality by written notice 
to the commissioner.  All proceedings relating to the issuance of a license to be a contract 
security company are not public proceedings under Title 1, chapter 13, unless otherwise 
requested by the applicant.
Sec. 12.  32 MRSA §11305, sub-§3, as amended by PL 1989, c. 542, §79, is 
repealed and the following enacted in its place:
3.  Public information.  The following information collected, assembled or maintained 
by the administrator is confidential:
A.  Information obtained in private investigations pursuant to section 11301;
B.  Information made confidential by rule or order of the administrator; and 
C.  Information obtained from federal agencies, which may not be disclosed under 
federal law.
Sec. 13.  32 MRSA §16524, as enacted by PL 2021, c. 576, §1, is amended to read:
§16524.  Confidentiality of personal information
Personal information contained in an application for restitution assistance under this 
subchapter is not subject to disclosure to the extent the information is designated as not a 
public record by section 16607, subsection 2, paragraph E confidential.
Sec. 14.  32 MRSA §16607, sub-§2, as enacted by PL 2005, c. 65, Pt. A, §2, is 
amended to read:
2.  Nonpublic Confidential records.  The following records are not public records and 
are not available for public examination under subsection 1 confidential:
A.  A record obtained by the administrator in connection with an audit or inspection 
under section 16411, subsection 4 or an investigation under section 16602;
B.  A part of a record filed in connection with a registration statement under section 
16301 and sections 16303 to 16305 or a record under section 16411, subsection 4 that 
contains trade secrets or confidential information if the person filing the registration 
statement or report has asserted a claim of confidentiality or privilege that is authorized 
by law;
C.  A record that is not required to be provided to the administrator or filed under this 
chapter and is provided to the administrator only on the condition that the record will 
not be subject to public examination or disclosure is confidential;
D.  A record received from a person specified in section 16608, subsection 1 that has 
been designated as confidential by the agency furnishing the record;
E.  Any social security number, residential address unless used as a business address 
and residential telephone number unless used as a business telephone number 
contained in a record that is filed;
F.  A record obtained by the administrator through a designee of the administrator that, 
pursuant to a routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A, 
or an order under this chapter, has been:
(1)  Expunged from the administrator's records by the designee; or
(2)  Determined to be nonpublic or nondisclosable by that designee if the 
administrator finds the determination to be in the public interest and for the 
protection of investors;
G.  Records to the extent that they relate solely to the administrator's internal personnel 
rules and practices, including, but not limited to, protocols, guidelines, manuals and 
memoranda of procedure for employees of the Office of Securities;
H.  Interagency or intra-agency memoranda or letters, including generally records that 
reflect discussions between or consideration by the administrator and employees of the 
Office of Securities of any action taken or proposed to be taken by the administrator or 
employees of the Office of Securities, including, but not limited to, reports, summaries, 
analyses, conclusions or other work product of the administrator or employees of the 
Office of Securities, except those that by law would routinely be discoverable in 
litigation; and
I.  Records to the extent that disclosure could reasonably be expected to constitute an 
unwarranted invasion of personal privacy.
Sec. 15.  32 MRSA §18509, sub-§6, as enacted by PL 2017, c. 253, §7, is amended 
to read:
6.  Confidentiality.  Information provided to the interstate commission or distributed 
by a member board is confidential within the meaning of Title 1, section 402, subsection 
3, paragraph A and may be used only for investigatory or disciplinary matters under 
sections 18510 and 18511.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary to implement 
statutory changes recommended by the Right to Know Advisory Committee after 
reviewing certain existing public records exceptions in Titles 25, 26, 27, 30-A and 32. The 
Joint Standing Committee on Judiciary has not taken a position on the substance of this 
bill.  By reporting out this bill, the Joint Standing Committee on Judiciary is not suggesting 
and does not intend to suggest that it agrees or disagrees with any aspect of this bill; instead, 
the Joint Standing Committee on Judiciary is reporting out the bill for the sole purpose of 
having a bill printed that can be referred to the Joint Standing Committee on Judiciary for 
an appropriate public hearing and subsequent processing in the normal course.  The Joint 
Standing Committee on Judiciary is taking this action to ensure clarity and transparency in 
the legislative review of the proposals contained in the bill.
Sections 1, 2, 3, 10, 11, 12, 13, 14 and 15 of the bill amend language in statute to better 
conform with drafting standards. 
Sections 4, 5, 6 and 7 of the bill amend public records exceptions related to applicants 
for county and municipal jobs to clarify that personal contact information of applicants is 
confidential. 
Section 8 of the bill amends the existing public records exception to clarify that 
information included in Board of Nursing consent agreements or other written settlements 
that identifies or could reasonably lead to identification of a patient is confidential. 
Section 9 of the bill amends the existing public records exception to clarify that email 
addresses of applicants to or licensees of the Board of  Licensure in Medicine are 
confidential, and that the personal residence address and telephone number of the applicant 
or licensee are not confidential if this information is provided as the public contact.