LD 1654
pg. 2
Page 1 of 2 An Act to Enhance and Protect Disclosure of Confidential Property Tax Informati... LD 1654 Title Page
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LR 2074
Item 1

 
property taxes, including, but not limited to, an assessor or
assessors for a municipality or plantation, the chief assessor
of a primary assessing area and the State Tax Assessor with
respect to unorganized territories.__"Assessor" also means an
assessor's employee, agent or other person or entity hired or
retained to assist an assessor in carrying out the assessor's
duties or in defending an assessment and any public official
of the taxing jurisdiction of the assessor who as part of the
official duties has reason to receive the confidential
information.

 
B.__"Confidential information" means all data and
information related to income and expenses and the cost of
acquiring, constructing and installing machinery and
equipment and inventories and all data and information, the
public availability of which would likely disadvantage the
competitive position of the person or entity providing the
information.__"Confidential information" also means
information and data that constitute a trade secret as
defined in Title 10, section 1542, subsection 4 or that are
protectable under the Maine Rules of Evidence, Rule 507 or
the Maine Rules of Civil Procedure, Rule 26(c) or that are
filed with any federal, state or local governmental
authority and that any federal or state law restricts such a
governmental authority from disclosing.__"Confidential
information" includes information in any form and,
regardless of the manner received or provided, includes, but
is not limited to, documentation in oral, visual and
electronic form; data, however produced or reproduced; and
all copies of or notes regarding the same.

 
C.__"Reviewing authority" means any person, board, authority
or court authorized by law to review or hear any appeal of a
property tax assessment or any other property tax matter.__
"Reviewing authority" also means a reviewing authority's
employee, agent or other person or entity hired or retained
to assist a reviewing authority in carrying out its official
duties.

 
3-B.__Designated confidential information.__A person or entity
providing confidential information shall identify the information
in a way that is reasonably calculated to ensure that an assessor
or a reviewing authority to whom the information is provided
knows that the information is designated as confidential
information.__Acceptable identification methods include, but are
not limited to, the application of a stamp or a writing clearly
stating "CONFIDENTIAL" on the confidential information or
otherwise clearly depicting that the material or information is
confidential information, or a separate writing accompanying the
confidential information that identifies the information as

 
confidential.__If the confidential information is provided or
obtained in oral, visual, electronic or other nondocumentary
form, the person or entity providing the confidential information
may designate it as confidential by providing a separate writing
to the assessor or reviewing authority that identifies the
information as confidential information.

 
SUMMARY

 
This bill adds a new subsection to the Maine Revised Statutes,
Title 36, section 191 that relates to confidentiality of property
tax information. Section 191 currently makes confidential tax
information filed with the Maine Revenue Services related to
state taxes such as income tax and sales tax. However, there are
no provisions that adequately protect sensitive business
information that local property tax assessors may request from
businesses in connection with their making their property tax
assessments. This bill makes confidential any information
provided for property tax purposes that the person or entity
providing the information designates as confidential.


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