PUBLIC Law, Chapter 313, An Act To Enhance the Address Confidentiality Program Regarding Property Records

An Act To Enhance the Address Confidentiality Program Regarding Property Records

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §90-B, sub-§4, as amended by PL 2013, c. 478, §1, is further amended to read:

4. Use of designated address. Upon demonstration of a program participant's certification in the program, state and local government agencies and the courts shall accept and use only the designated address as a program participant's address unless the secretary has determined that: approved an exemption pursuant to subsection 5-A.

A. The agency has a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that it is unable to fulfill its statutory duties and obligations without the residential address; and

B. The program participant's address or mailing address will be used only for those statutory and administrative purposes.

Sec. 2. 5 MRSA §90-B, sub-§5, as amended by PL 2013, c. 478, §1, is repealed.

Sec. 3. 5 MRSA §90-B, sub-§5-A is enacted to read:

5-A. Disclosure to law enforcement and to other state and local agencies. If the secretary determines it appropriate, the secretary may make a program participant's address or mailing address available for use by granting an exemption under the following circumstances:

A. Upon request to the secretary by:

(1) A law enforcement agency in the manner provided for by rule; or

(2) A commissioner or other chief administrator of a state or local government agency or the commissioner's or administrator's designee in the manner provided for by rule; and

B. Upon a finding by the secretary that:

(1) An agency under paragraph A has a bona fide statutory, administrative or law enforcement requirement for use of the program participant's address or mailing address such that the agency is unable to fulfill its statutory duties and obligations without the address or mailing address; and

(2) The program participant's address or mailing address will be used only for those statutory, administrative or law enforcement purposes and otherwise will be kept under seal and excluded from public inspection.

Sec. 4. 36 MRSA §191, sub-§2, ¶K, as amended by PL 2009, c. 361, §11, is further amended to read:

K. The disclosure by a municipal assessor, or by the State Tax Assessor with regard to the unorganized territory, of information contained on a declaration of value filed pursuant to section 4641-D or the Internet publication by the State Tax Assessor of information, other than taxpayer identification numbers, obtained from declarations of value filed pursuant to section 4641-D , except that, upon request by an individual who is certified by the Secretary of State as a participant in the Address Confidentiality Program pursuant to Title 5, section 90-B, the municipal assessor shall redact the name of that individual on the declaration of value form prior to disclosure;

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.

HP0509 LD 756	PUBLIC Law, Chapter 313 on - Session - 127th Maine Legislature
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