An Act to Protect Financial Privacy
Maine Legislature, Session 131, LD 0676
Committee: Judiciary
Sponsors: ANDREWS, STEWART, FAULKINGHAM, O'NEIL, PLUECKER, TALBOT ROSS, BENNETT, BRAKEY, HICKMAN, KEIM
Amends: 9-B MRSA §162, 9-B MRSA §163, 9-B MRSA §164

Legislative Document
No. 676
H.P. 445
House of Representatives, February 16, 2023
An Act to Protect Financial Privacy
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Cosponsored by Senator STEWART of Aroostook and
Representatives: FAULKINGHAM of Winter Harbor, O'NEIL of Saco, PLUECKER of 
Warren, Speaker TALBOT ROSS of Portland, Senators: BENNETT of Oxford, BRAKEY of 
Androscoggin, HICKMAN of Kennebec, KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  9-B MRSA §162, sub-§6, as enacted by PL 2009, c. 213, Pt. AAAA, §4, is 
repealed.
Sec. 2.  9-B MRSA §162, as amended by PL 2009, c. 213, Pt. AAAA, §§2 to 4 and 
c. 402, §8, is further amended by enacting at the end a new paragraph to read:
Notwithstanding any provision of law to the contrary, a financial institution authorized 
to do business in this State or credit union authorized to do business in this State may not 
disclose financial records to any federal agency except in response to a lawful subpoena, 
summons, warrant or court order that meets the requirements of section 163.
Sec. 3.  9-B MRSA §163, sub-§1, as amended by PL 2009, c. 213, Pt. AAAA, §5, 
is further amended to read:
1.  Service.  A financial institution authorized to do business in this State or credit 
union authorized to do business in this State shall disclose financial records under section 
pursuant to a subpoena, summons, warrant or court order that on its face appears to 
have been issued upon lawful authority only if the subpoena, summons, warrant or court 
order is served upon the customer prior to disclosure by the financial institution or credit 
union.  The agency or person requesting the disclosure of financial records shall certify in 
writing to the financial institution or credit union the fact that the subpoena, summons, 
warrant or court order has been served upon the customer.  The court for good cause shown 
may delay or dispense with service of the subpoena, summons, warrant or court order upon 
the customer.  The court shall delay or dispense with service of the subpoena, summons, 
warrant or court order upon the customer upon notice by the Attorney General, the Attorney 
General's designee or the District Attorney that service upon the customer would not be in 
the public interest.  A subpoena, summons or warrant issued in connection with a criminal 
proceeding or state or federal grand jury proceeding, a request for information by the 
Department of Health and Human Services for purposes related to establishing, modifying 
or enforcing a child support order, a request for information by the Department of 
Administrative and Financial Services, Bureau of Revenue Services for purposes related to 
establishing, modifying or enforcing tax liabilities or a trustee process lawfully issued need 
not be served upon the customer.
Sec. 4.  9-B MRSA §164, sub-§3, as amended by PL 2009, c. 213, Pt. AAAA, §6, 
is further amended to read:
3.  Immunity.  A financial institution authorized to do business in the State or its 
affiliate or a credit union authorized to do business in the State or its affiliate that in good 
faith discloses financial records to the Department of Health and Human Services pursuant 
to section 162, subsection 5 or the Department of Administrative and Financial Services, 
Bureau of Revenue Services pursuant to section 162, subsection 6 is immune from civil or 
criminal liability that might otherwise arise from the disclosure.  In a proceeding regarding 
immunity from liability, there is a rebuttable presumption of good faith.
SUMMARY
This bill repeals the exception in current law that permits a financial institution or credit 
union authorized to do business in this State to disclose financial records about a customer 
without a lawful subpoena, summons, warrant or court order in response to a request for 
information related to establishing, modifying or enforcing tax liabilities. The bill also 
clarifies that a financial institution or credit union may not disclose records to any federal 
agency unless the records are disclosed pursuant to a lawful subpoena, summons, warrant 
or court order requested by the agency.