An Act To Impose Liability for the Illegal Withholding or Transfer of Public Funds or Property
Maine Legislature, Session 122, LD 1105
Committee: State and Local Government
Sponsors: TRAHAN, COURTNEY, BOWEN, BOWLES, CROSTHWAITE, LEWIN, MILLETT, OTT, DAVIS

Legislative Document 
No. nos 
H.P.758 
House of Representatives, March 1,2005 
An Act To Impose Liability for the Illegal Withholding or Transfer 
of Public Funds or Property 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative TRAHAN of Waldoboro. 
Cosponsored by Senator COURTNEY of York and 
If/~ 
frJ.17lu£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BOWEN of Rockport, BOWLES of Sanford, CROSTHWAITE of Ellsworth, 
LEWIN of Eliot, McLEOD of Lee, MILLETT of Waterford, OTT of York, Senator: DAVIS of 
Piscataquis. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §I550.B is enacted to read: 
§1550-B. 
Offi~e~su.J.iab.1,eJ:p~ _~()sts oC_<;QJ.lection __ 9_Lp-,mli~~tm.<J.s 
or property improperly withheld or transferred 
A state officer or employee or a~ther custodian of public 
Lunds or property who imP£QPerly withholds the public funds from 
the state treasury or other autho(ity whose duty it is to receive 
the funds or who fails to turn the property over to the proper 
custodian is liable for all costs of collection or recovery of 
funds 
or 
property, 
including 
interest 
on 
funds 
improperly 
withheld for the time the funds have been withheld and reasonable 
rental 
and damages 
when property belonging to the public is 
improperly withheld. 
A state officer or employee who unlawfully 
transfers to the officer or employee any public funds or property 
or who knowingly transfers public funds or~erty to any other 
person not entitled to the funds or property is liable for all 
costs of recovery of the funds or property. 
Sec. 2. 30·A MRS A §9 is enacted to read: 
§9. 
Officers liable for costs of collection of public fundS 
or property improperly withheld or transferred 
A 
county officer or 
employ~e or 
any other custodi9-n of 
public funds or property who 
improperly withholds the public 
funds from the state or county treasury or other authority whose 
duty it is to receive the funds or who fails to turn the property 
over 
to 
the 
proper 
custodian 
is 
liable 
for 
all 
costs 
of 
collection or recovery of funds or property, including interest 
on funds improperly withheld for the time the funds have been 
withheld 
and 
reasonable 
rental 
and 
damages 
when 
property 
belonging to the public is improperly withheld. A county officer 
or employee who unlawfully transfers to the officer or employee 
any public funds or property or who knowingly transfers public 
funds or property to any other person not entitled to the funds 
or property is liable for all costs of recovery of the funds or 
property. 
Sec. 3. 30·A MRSA §2608 is enacted to read: 
§2608. 
Officials liable for cOsts of collection of public funds 
or property improperly withheld or transferred 
A municipal official or employee or any other custodian of 
public funds or property who 
improperly withholds the public 
funds from the state or municipal treasury or other authority 
whose duty it is to receive! the funds or who fails to turn the 
Page l-LR0003(1) 
property over to the P£QPer custodian is liable for all costs of 
collection or recovery of t"unds or property, including interest 
on funds impro12er ly wi thheld for the time the funds have been 
wi thheld 
and 
rJ~£~Qn?ble 
ren_t_9,:J. __ smd 
damages 
when 
pro~rty 
belonging 
to 
the public 
is 
improperly withheld. 
A municipal 
b 
Q{U.J:;ial or 
el[lpJ,QYJ~e_}'!"h9 __ ].!nl<::lJ{f",-Uy __ traJlli_fers to the official or 
employee any public funds or property or who knowingly transfers 
public funds Q.£JJ~~_to ap--y-othe_LPerson not entitled to the 
funds or property is liable for all costs of recovery of the 
funds or propeLtL-_ 
SUMMARY 
T~' bill provides 
that 
any state, 
county or municipal 
officer, 
official 
or 
employee 
that 
wrongfully 
withholds 
or 
unlawfully distributes public money or public property is liable 
for all costs of recovery of the money or property.