An Act To Facilitate Interagency Sharing of Information and Academic Research by Allowing Disclosure of Certain Confidential Information in Wood Processor and Forest Landowner Reports
Maine Legislature, Session 130, LD 0035
Committee: Agriculture, Conservation and Forestry
Sponsors: DILL
Amends: 12 MRSA §8884, 12 MRSA §8885

Legislative Document
No. 35
S.P. 43
In Senate, January 13, 2021
An Act To Facilitate Interagency Sharing of Information and 
Academic Research by Allowing Disclosure of Certain Confidential 
Information in Wood Processor and Forest Landowner Reports
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §8884, sub-§3-A is enacted to read:
3-A.  Disclosure of confidential information.  Notwithstanding subsection 3, 
confidential information may be disclosed pursuant to this subsection.
A.  The director of the bureau may disclose information designated as confidential 
under subsection 3 to a governmental entity or the University of Maine System when 
that entity or the system, in the opinion of the director, requires that information.
B.  The director of the bureau may not disclose information furnished by a state or 
federal agency when that information has been designated as confidential by the 
furnishing agency unless the furnishing agency authorizes the disclosure.
A recipient of information pursuant to paragraph A or B may not disclose the information 
or use the information except as authorized by the director of the bureau, and the 
information remains the property of the bureau.
Sec. 2.  12 MRSA §8884, sub-§4, as enacted by PL 2003, c. 452, Pt. F, §45 and 
affected by Pt. X, §2, is repealed and the following enacted in its place:
4.  Penalties.  A person who:
A.  Fails to submit a report pursuant to this section commits a civil violation for which 
a fine of not more than $1,000 for each failure may be adjudged; or
B.  Receives confidential information pursuant to subsection 3-A and uses that 
information for a purpose other than that authorized by the director of the bureau 
commits a civil violation for which a fine of not more than $1,000 may be adjudged.
Sec. 3.  12 MRSA §8885, sub-§5, as enacted by PL 1989, c. 555, §12 and affected 
by c. 600, Pt. B, §11, is repealed and the following enacted in its place:
5.  Disclosure of confidential information.  Notwithstanding subsection 4, 
confidential information may be disclosed pursuant to this subsection.
A.  The director of the bureau may disclose information designated as confidential 
under subsection 4 to a governmental entity or the University of Maine System when 
that entity or the system, in the opinion of the director, requires that information.
B.  The director of the bureau may not disclose information furnished by a state or 
federal agency when that information has been designated as confidential by the 
furnishing agency unless the furnishing agency authorizes the disclosure.
A recipient of information pursuant to paragraph A or B may not disclose the information 
or use the information except as authorized by the director of the bureau, and the 
information remains the property of the bureau.
This section may not be construed to prevent the disclosure of information to duly 
authorized officers of the United States and of other states, districts and territories of the 
United States and of the provinces and Dominion of Canada.  The information may be 
given only on the written request of the duly authorized officer when that officer's 
government permits the exchange of similar information with the taxing officials of this 
State and when that officer agrees that the information will be used only for tax collection 
purposes.
Sec. 4.  12 MRSA §8885, sub-§6, as enacted by PL 2003, c. 452, Pt. F, §48 and 
affected by Pt. X, §2, is repealed and the following enacted in its place:
6.  Penalties.  A person who:
A.  Fails to submit a report pursuant to this section commits a civil violation for which 
a fine of not more than $1,000 for each failure may be adjudged; or
B.  Receives confidential information pursuant to subsection 5 and uses that 
information for a purpose other than that authorized by the director of the bureau 
commits a civil violation for which a fine of not more than $1,000 may be adjudged.
SUMMARY
This bill authorizes the Director of the Bureau of Forestry within the Department of 
Agriculture, Conservation and Forestry to share wood processor report and forest 
landowner report information currently designated as confidential with other governmental 
agencies and the University of Maine System if, in the opinion of the director, the entity 
requires the information.  It prohibits the director from disclosing information furnished by 
a state or federal agency when that information has been designated as confidential by the 
furnishing agency unless the furnishing agency authorizes the disclosure.  It provides that 
a recipient of confidential information may not disclose the information or use the 
information except as authorized by the director and that the information remains the 
property of the bureau.  It also provides that a person who receives confidential information 
and uses it for a purpose other than that authorized by the director commits a civil violation 
punishable by a fine of not more than $1,000.