H.P. 403 - L.D. 548
An Act Concerning Service Relating to the Disclosure of Financial Records
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 9-B MRSA §163, sub-§1, as amended by PL 1985, c. 647, §2, is further amended to read:
1. Service. A fiduciary institution shall disclose financial records under section 162 pursuant to a subpoena, summons, warrant or court order which 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 fiduciary institution. The agency or person requesting the disclosure of financial records shall certify in writing to the fiduciary institution 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 or his, the Attorney General's designee or the District Attorney that such service upon the customer would not be in the public interest. A subpoena, summons or warrant issued in connection with a criminal proceeding or federal grand jury proceeding or a trustee process lawfully issued need not be served upon the customer.
Effective June 26, 1997, unless otherwise indicated.
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