AUGUSTA – The public would lose some of the access it is now guaranteed to information collected by the government if a bill backed by racino applicant Penn National Gaming Inc. and the Baldacci administration becomes law, opponents say.

Media and anti-gambling groups are challenging provisions of the bill, LD 90, which would allow Penn National to keep the wraps on personal, criminal and other material on its application for a state license. The bill is scheduled for a public hearing Wednesday before a legislative committee.

Penn National says much of the opposition to the bill comes from anti-gaming activists who are just trying to keep slots out of Maine. It says that disclosing criminal and civil litigation histories would discourage potential employees at the company’s proposed casino at Bangor’s harness racing track from seeking jobs.

But a lawyer for the Maine Press Association said Mainers who enjoy access to public records have a lot to lose.

“Any legislation that seeks to restrict public access to government documents and proceedings should be of real concern to people,” said Michael Mahoney, who noted that the Maine press’ opposition to the bill has nothing to do with the voter-approved racino itself.

In granting a conditional license in November to operate slots in Bangor, Maine’s Gambling Control Board said it wanted the Legislature to pass a law allowing it to keep confidential some of Penn National’s records it must review. Penn National wants to break ground for the racino next spring and open it by mid-2006.

The bill before the Legal and Veterans Affairs Committee would block from public access personal information relating to key executives, their employees and families. That would include their criminal and civil litigation history, financial information including tax records and pay.

Also protected from public scrutiny under the bill would be business or marketing plans, and any other information not required to be filed with the federal Securities and Exchange Commission.

Eric Schippers, vice president of public affairs for Penn National, said the bill seeks to prevent public dissemination of “highly sensitive” personal information and nonpublic corporate information that could benefit the Pennsylvania-based company’s rivals in a highly competitive industry.

“This kind of protection exists in every other gaming jurisdiction in the country,” said Schippers, who added that the bill would not keep other jurisdictions in Maine from publicly disclosing anyone’s civil or criminal histories.

The Maine press group said it’s not opposed to provisions that protect information such as Social Security numbers, tax returns and trade secrets. But it opposes allowing the gambling board to make private some records such as civil and criminal histories of employees, which are otherwise public.

Mahoney also opposes provisions he said would give the gambling board broad discretion to block public access to personal and business information. Such “catchall” phrasing can trigger litigation that just delays disclosure and costs challengers a lot of money, he said.

Casinos NO!, which successfully battled a 2003 proposal to allow Maine Indian tribes to run a casino, also opposes the bill.

“Our major concern is not so much the issue of gambling, but precedent,” said Dennis Bailey, executive director of Casinos NO!

In addition to “gutting the Freedom of Access law,” the bill would invite businesses considering expanding into the state to ask for special exceptions, Bailey said.

The Maine Freedom of Information Coalition, which represents a variety of interests including media, environmental, hunting and other groups, says in a letter to the committee that the public interest is not served by making public documents from other states or the federal government confidential.

The bill leaves a lot of information about applicants subject to public scrutiny, said Maine Public Safety Commissioner Michael Cantara, who plans to speak in favor of the bill Wednesday.

Details regarding ownership, business structure, liens or other material encumbrances would remain public, as would recent audited financial statements, including balance sheets, profit and loss, income and cash flow statements, said Cantara.

Among other material remaining open for review would be legal proceedings involving the applicant and any subsidiaries, the commissioner said.

In prepared testimony to the legal affairs committee, Cantara said Maine law has long protected the privacy of certain financial, personal and proprietary information in areas such as public utilities.