Amend the bill by striking out all of section 1 and inserting the following:
‘Sec. 1. 5 MRSA §7070, sub-§2, ¶D-1, as amended by PL 2007, c. 597, §6, is repealed and the following enacted in its place:
D-1.
Personal information, including that which pertains to the employee's:
(2) Ancestry, ethnicity, genetic information, national origin, race or skin color;
(4) Mental or physical disabilities;
(5) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
(6) Personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance;
(8) Sex, gender identity or sexual orientation as defined in section 4553, subsection 9-C; or
(9) Social security number.
Such personal information may be disclosed publicly in aggregate form, unless there is a reasonable possibility that the information would be able to be used, directly or indirectly, to identify any specific employee.
When there is a work requirement for public access to personal information under this paragraph that is not otherwise protected by law, that information may be made public. The Director of the Bureau of Human Resources, upon the request of the employing agency, shall make the determination that the release of certain personal information not otherwise protected by law is allowed; and’
Amend the bill in section 2 in paragraph B by striking out all of subparagraph (6) (page 2, lines 5 to 19 in L.D.) and inserting the following:
‘ (6) Personal information, including that which pertains to the employee's:
(b) Ancestry, ethnicity, genetic information, national origin, race or skin color;
(d) Mental or physical disabilities;
(e) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
(f) Personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance;
(h) Sex, gender identity or sexual orientation as defined in Title 5, section 4553, subsection 9-C; or
(i) Social security number.
Such personal information may be disclosed publicly in aggregate form, unless there is a reasonable possibility that the information would be able to be used, directly or indirectly, to identify any specific employee; and
Amend the bill in section 3 in subsection 1 in paragraph B by striking out all of subparagraph (6) (page 3, lines 33 to 40 and page 4, lines 1 to 7 in L.D.) and inserting the following:
‘ (6) Personal information, including that which pertains to the employee's:
(b) Ancestry, ethnicity, genetic information, national origin, race or skin color;
(d) Mental or physical disabilities;
(e) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
(f) Personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance;
(h) Sex, gender identity or sexual orientation as defined in Title 5, section 4553, subsection 9-C; or
(i) Social security number.
Such personal information may be disclosed publicly in aggregate form, unless there is a reasonable possibility that the information would be able to be used, directly or indirectly, to identify any specific employee; and
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
The purpose of the bill is to provide consistency among state, county and municipal employees regarding the protection of private information.
The amendment replaces the paragraph amended in the bill on private information of state employees to adopt the same format as for the private information of county and municipal employees. It includes ethnicity in the private information of state employees to provide consistency and includes gender identity in all 3 lists of private information.
The amendment adds language to each statute to ensure that aggregated private information about state, county and municipal employees is publicly accessible.