An Act To Clarify and Improve the Fairness of the Law of Trustee Process LR1156(02)
Maine Legislature, Session 121, LD 0586
Committee Amendment CA_A_H221 (House)
Amends: 5 MRSA §90, 14 MRSA §2604, 14 MRSA §2608

COMMITTEE AMENDMENT " fl to H. P. 449, L. D. 
Act To Clarify and Improve the Fairness of the 
Process" 
586, Bill, "An 
Law of Trustee 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 5 MRSA §90.C is enacted to read: 
§90-C. 
Volunta~ filing system for designation of office 
for trustee process 
The Secretary of State shall establish and operate a central 
filing system to record and provide notice of offices designated 
by financial institutions authorized to do business in this State 
and credit unions authorized to do business in this State for 
service of 
trustee process 
under Title 14, 
section 
2608-A. 
subsection 1. 
For this purpose. the Secretary of State may adopt 
rules. establish procedures 
and adopt a 
schedule of fees in 
conjunction with filing. registering. providing notices and other 
services performed by the Secretary of State in carrying out this 
section. 
Rules adopted pursuant to this paragraph are routine 
technical rules as defined in chapter 375, subchapter 2-A.' 
Further amend the bill by striking out all of section 3 and 
inserting in its place the following: 
'Sec.3. 14 MRSA §2604 is amended to read: 
Page l-LR1156(2) 
COMMITTEE AMENDMENT 
It" 
~. 
COMMITTEE AMENDMENT ,~, to H.P. 449, L.D. 586 
§2604. County where action brought; divorce; financial 
institution as trustee; counterclaim 
If all the trustees live in the same county, the action 
sha±± ~ 
be 
brought 
there; 
if they 
reside 
in different 
counties, in any county in which one of them resides; and in a 
trustee process against a corporation, its residence sha±±-ae is 
deemed to be in the county in which it has its established or 
usual place of business, held its last annual meeting or usually 
holds its meetings; except that an action in which a railroad 
corporation is named and alleged as trustee may be brought in any 
county in which saie the railroad corporation runs and operates 
its road; and except that an action in which a aaB*iB~ financial 
institution authorized to do business in this State or credit 
union authorized to do business in this State is named 
and 
alleged as trustee may be brought in any county in which saie 
aaB*iB~ the financial institution or credit union maintains a 
place of business. 
Setviee-~-ae--made--eB--t.-be--H\aB:a'!JeF-~-saeh 
aaB*iB'!J-~~-t.~~-iB--t.-be--eeaB~y-~-~aFiseie~ieB-~--~he 
paF~ies-BaHlee-iB-~he-ae~ieBT 
When 
trustee 
process 
is 
used 
in 
connection 
with 
the 
commencement of an action for divorce, the action must be brought 
in the county in which the court has jurisdiction over the 
parties named in the action, and the alleged trustee, although 
residing in another county, may be summoned to appear in the 
county in which saie ~ 
court has jurisdiction over the parties 
named in the action and must answer and make disclosure in saeh 
~ 
county. The court sitting therein shall have full power and 
authority to award from the funds found to be held by the alleged 
trustee and belonging to the defendant such sum or sums as it may 
deem proper as an award for alimony or in lieu thereof. 
When 
trustee 
process 
is 
used 
in 
connection 
with 
a 
counterclaim ar~s~ng out of the transaction or occurrence that is 
the subject matter of the opposing party's claim, the alleged 
trustee may be summoned to appear in the county in which the 
action is pending, even though he that trustee does not reside or 
maintain a usual place of business in that county.' 
Further amend the bill by striking out all of section 5 and 
inserting in its place the following: 
'Sec. 5. 14 MRSA §2608.A is enacted to read: 
§2608 A. 
Service on financial institution as trustee 
Service 
of 
trustee 
process 
on 
a 
financial 
institution 
authorized 
to 
do 
business 
in 
this 
State 
or 
credit 
union 
COMMITTEE AMENDMENT 
, .,. 
~ 
COMMITTEE AMENDMENT .. /f .. to H.P. 449, L.D. 586 
authorized to do business in this State, as defined in Title 9-B, 
section 131, is effected by one of the following means: 
1. 
Designated office. 
Personal service by any lawful means 
upon the office designated by the financial institution or credit 
union for service of trustee process in a registry maintained for 
this purpose by the Secretary of State: or 
2. 
Acceptance 
by 
designated 
officer 
or 
employee. 
Acceptance of service in writing by an officer or employee of the 
financial institution or credit union expressly authorized to 
accept service of trustee process.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment clarifies the provision of the bill providing 
for 
a 
voluntary 
registry 
where 
financial 
institutions 
may 
designate a specific office for filing of trustee process. 
The 
Secretary of State is authorized to adopt rules to govern the 
registry. 
The amendment also adds references to include credit unions 
to the portions of the bill that address financial institutions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/15/03 ~ac=. 
Office of Fiscal and Program Review 
LD586 
An Act To Clarify and Improve the Fairness of the Law of Trustee 
Process 
LR1156(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required:Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
The Secretary of State proposes to establish a nominal fee to offset the cost of creating a registry for service of trustee 
process. 
LRI156(2) - Fiscal Note - Page 1 of 1