An Act To Amend the Uniform Federal Lien Registration Act
Maine Legislature, Session 121, LD 1756
Committee: Judiciary
Sponsors: SIMPSON, CARR, SHERMAN
Amends: 5 MRSA §86, 33 MRSA §1902, 33 MRSA §1903, 33 MRSA §1905, 33 MRSA §1906

Legislative Document 
No. 1756 
H.P.1278 
House of Representatives, December 22, 2003 
An Act To Amend the Uniform Federal Lien Registration Act 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17,2003. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative SIMPSON of Auburn. 
17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CARR of Lincoln, SHERMAN of Hodgdon. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §86, next to last" as enacted by PL 1987, c. 
645, §l, is amended to read: 
For filing aaa-FeeeFaia~ a federal tax lien or other federal 
liens, certificates or notices affecting the liens of which under 
any Act of Congress or any federal regulation are required or 
permitted to be filedr-$e under Title 33, chapter 39, that fee 
specified in Title 33, section 1906. 
Sec. 2. 33 MRSA §1902, as enacted by PL 1989, c. 502, Pt. A, 
§121, is amended to read: 
§1902. Scope 
This chapter applies only to federal tax liens and to other 
federal lien notices whiesr that under any Act of Congress or any 
federal regulationr adopted pursuant to any Act of Congress are 
required or permitted to be filed in the same manner as notices 
of federal tax liens. 
Sec. 3. 33 MRSA §1903, sub-§2, as enacted by PL 1989, c. 502, 
Pt. A, §121, is amended to read: 
2. 
Real 
property liens. 
Notices 
of 
liens 
upon 
real 
property 
for 
obligations 
payable 
to 
the 
United 
States 
and 
certificates and notices affecting the liens ssa±± must be filed 
ia with the registry of deeds in EsaE the county or counties 
within which the affected property is situated. 
Sec. 4. 33 MRSA §1903, sub-§4, as amended by PL 1999, c. 699, 
Pt. D, §23 and affected by §30, is further amended to read: 
4. 
Timber, mineral and other liens. 
Notices of federal 
liens upon peFseaal property of 
a 
type in which 
a 
security 
interest is perfected under Title 11, section 9-1501, subsection 
(1), paragraph (a), for obligations payable to the United States 
and certificates and notices affecting the liens, must be filed 
ia with the registry of deeds in the county or counties where a 
mortgage on the real estate concerned would be filed or recorded. 
Sec. 5. 33 MRSA §1905, as amended by PL 1999, c. 699, Pt. D, 
§24 and affected by §30, is further amended to read: 
§1905. Duties of filing officer 
l. 
notice 
Notices. 
of 
federal 
If a notice of federal lien, a refiling of a 
lien, 
or 
a 
notice 
of 
revocation 
of 
any 
• 
certificate described in subsection 2 is presented 
te--a--~iliB'l 
e~~ieeF-wRe-is for filing to: 
A. 
The Secretary of State, the filing officer shall cause 
the notice to be marked, held and indexed in accordance with 
Title 11, section 9-1519, as if the notice were a financing 
statement within the meaning of the Uniform Commercial Code, 
~isle-llT except that if the property is of a type in which 
a security interest is perfected under Title 5, 
section 
90-A, the Secretary of State shall cause the notice to be 
marked, held and indexed in accordance with the procedures 
established under Title 5, section 90-A, as if the notice 
were 
a 
financing 
statement within the 
meaning of that 
section; or 
B. 
A register of deeds, the filing officer shall receive, 
record and index the notice in the same manner as similar 
instruments are recorded and indexed. 
2. 
Certificates. 
If 
a 
certificate 
of 
release, 
nonattachment, 
discharge 
eFL 
subordination 
e~--~--lieB or 
withdrawal of a filed notice of federal tax lien is presented te 
tRe-SeeFetaFy-e~-State for filing, the filing officer shall: 
A. 
Cause a certificate of release eFL 
nonattachment or 
withg,rgwgl Qf 
a 
filgg, notice of fgg,grgl 
tgX lign to be 
marked, 
held and 
indexed 
as if the certificate were 
a 
termination statement within the meaning of the Uniform 
Commercial Code; and 
B. 
Cause a certificate of discharge or subordination to be 
marked, 
held and 
indexed as if the certificate were 
a 
release of collateral within the meaning of the Uniform 
Commercial CodeT-~itle-ll. 
~Y--Re€~~~~~~~-9~-deed6Y--If-a-~ef4Jes-Betiee 
ef-~~-a-~-lieB-~-FefeFFes-~~-iB-~~~-l-~--aBy-~--tRe 
eeFtifieates-ef-£~~€e6-~~~~~~~-~~~-b-aFe-pFeseRtea 
~eF-~~~~~~~-a-~~~~-~~-seea6T-~~-F~i&~eF-~-~-sRall 
FeeeiveT-~~~~~-iBee~-~fia~-~~~~--iB-tRe-~~r-as 
similaF-iBstFameBts-aFe-FeeeFses-aBs-iBseHesT 
4y--~~-~eeST--~~~-WFi~~B-£e~~e6t-~-~~y-peFseBT 
tRe-~£~a£y-~-~~~-&aa11-466~e-~~~-if-iGat~-&~wi~-wResaeF 
tReFe-is-eB-~~~~-~~~~~~~-~~~-iB-~ae-Fe~ae&tT-aBY 
Betiee-ef-~~~~-~F~i~iea~-eF-Be~~€e-~~~~~~-lieB-files 
QBSeF-tRis-€hap~e£-Bam4B~-~~~~~~-~~~r-~~-a-Be~iee-eF 
eeFtifieate-~~-eB-~~~~-~i¥i~-~~~~-aBQ-~~-ef-~-~~~-ef 
eaeR-~~~~F-€~~~f~€~~---~-~ee--~-ee£tifieatieB--~-$lQT 
plQs-~-~~--eaea-pa'le-~-~~-eeFti~ieate-a~~e£-~~-~~F&~-pa'leT 
YpeB-~e~~e~~7-~~~~~~~~-~~a~e-6Ra~~-~~~~~~~-~f-aBY 
Be~iee-~~-~~~--lieBT-~~-~~~€--e~-~r~~~iGat~-~~~~~~-a 
~ege~al-~ieR7-~e£-~-~~~-~-~1~~-~~~&-p~e-~f-~Re-eepy 
a~~e~-~Re-Ei~s~-pa~eT 
5. 
Method of 
communication. 
The 
filing officer 
shall 
accept liens described in this chapter in the method or medium 
authorized by the filing office in accordance with Title 11, 
Article 9-A, Part 5 and rule of the appropriate filing office. 
Sec. 6. 33 MRSA §1906, as amended by PL 1993, c. 616, §11, is 
repealed and the following enacted in its place: 
§1906. 
Fees 
1. 
Filing; 
Sec]:-eta:r:y of State. 
For filing 
a 
lien or 
certificate or 
notice 
affecting 
any 
lien filed 
under 
this 
chapter, the fee is: 
A. 
Fifteen dollars 
if 
the 
record 
is 
communicated 
in 
writing; and 
B. 
Ten dollars if the record is communicated by another 
method or medium authorized by filing office rule. 
2. 
Filing; 
registry of deeds. 
For 
filing 
a 
lien or 
certificate or 
notice 
affecting 
any 
lien 
filed 
under 
this 
chapter, the fje Is governed by Title 33, sections 751 and 752. 
The filing office receiving a filing under this subsection and 
subsection 1 shall bill the Internal Revenue Service or other 
federal 
agency 
on 
a 
monthly basis 
for 
the 
fees 
for 
liens, 
certificates or 
notice 
affecting 
any 
lien filed 
under 
this 
chapter. 
3. 
Information; Secretary of State. 
For responding to a 
reguest for information from the filing office, including for 
communicating whether there is on file any lien, certificate or 
notice affecting any lien filed under this chapter naming 
a 
particular debtor, the fee is: 
A. 
Twenty dollars if the record is communicated ~n writing; 
and 
B. 
Twelve dollars if the record is communicated by another 
method or medium authorized by filing office rule. 
The Secretary of State shall use the procedures set forth in 
Title 11, section 9-1523 to respond to a reguest for information 
from the filing office. 
4. 
Information; registry of deeds. 
For responding to a 
request for information from the filing office, including for 
communicating whether there is on file any lien, certificate or 
notice affecting any lien filed under this chapter 
naming 
a 
particular debtor, the fee is governed by Title 33, section 751. 
Sec. 7. 33 MRS A §1907, as enacted by PL 1989, c. 502, Pt. A, 
§121, is amended to read: 
§1907. Uniformity of application and construction 
This 
chapter 
sHall 
must 
be 
applied 
and 
construed 
to 
effectuate its general purpose to make 
uniform the 
law with 
respect to the subject of this chapter among states enacting it 
and to permit the filing office to use a filing system to record 
and maintain notices of liens, certificates and other notices 
affecting federal tax liens or other federal liens in a manner 
authorized by the filing office and to permit federal officials 
to file notices of liens, certificates and notices affecting 
those 
liens 
upon 
real 
or 
personal 
property 
for 
obligations 
payable to the United States under the filing system authorized 
by the filing office. 
SUMMARY 
This bill makes the necessary changes to the Uniform Federal 
Lien 
Registration 
Act 
as 
requested 
by 
the 
Internal 
Revenue 
Service to update and clarify outdated language and to allow the 
Internal Revenue Service to file notices of federal tax liens 
electronically with the Secretary of State.