LD 1729
pg. 1
LD 1729 Title Page An Act to Amend the Maine Banking Code Page 2 of 2
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LR 757
Item 1

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

 
Sec. 1. 9-B MRSA §162, sub-§§2 and 3, as amended by PL 1997, c. 537, §1
and affected by §62, are further amended to read:

 
2. Disclosure in response to legal process. The financial
records are disclosed in response to a lawful subpoena, summons,
warrant or court order that meets the requirements of section
163; or

 
3. Disclosure in response to a request by the Department of
Human Services. The financial records are disclosed in response
to a request for information by the Department of Human Services
for purposes related to establishing, modifying or enforcing a
child support order.; or

 
Sec. 2. 9-B MRSA §162, sub-§4 is enacted to read:

 
4.__Disclosure in response to a request by the Department of
Labor.__The financial records are disclosed in response to a
notice of levy issued by the Department of Labor pursuant to
Title 26, section 1233.

 
Sec. 3. 9-B MRSA §214, sub-§2-B, as enacted by PL 1997, c. 398, Pt. K,
§1, is amended to read:

 
2-B. Assessment on nondepository trust companies.
Nondepository trust companies that are not affiliated with a
financial institution shall pay an annual assessment of not less
than $2,000 or an amount determined by the superintendent not to
exceed of at least 6¢ for every $10,000 of fiduciary assets under
its management, custody or care. The superintendent may further
define by rule fiduciary assets under management, custody or care
or change the minimum assessment whenever economic conditions
warrant such a change.__Rules adopted pursuant to this subsection
are routine technical rules as defined in Title 5, chapter 375,
subchapter II-A. These assessments must be paid annually by
February 15th of each year on fiduciary assets outstanding
December 31st of the prior year.

 
Sec. 4. 9-B MRSA §214, sub-§2-C is enacted to read:

 
2-C.__Assessment on uninsured bank or merchant bank.__If an
uninsured bank or merchant bank predominately engages in the
business of a nondepository trust company, then the uninsured
bank or merchant bank shall pay an annual assessment as
prescribed in subsection 2-B.__Otherwise, an uninsured bank or
merchant bank shall pay an annual assessment as prescribed in
subsection 2.


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