An Act To Protect Title to Real and Personal Property of Public Employees
Maine Legislature, Session 126, LD 0206
Committee Amendment CA_A_H174 (House)

COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 206, Bill, "An Act To 
Protect Title to Real and Personal Property of Public Employees" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Title to Real and Personal Property of Public Employees and 
Public Officials' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, liens and other encumbrances without a legal basis have been filed against 
property of public employees and public officials; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA c. 755 is enacted to read: 
CHAPTER 755 
ACTIONS FOR FILING FALSE RECORDABLE INSTRUMENTS AGAINST 
PUBLIC EMPLOYEES AND PUBLIC OFFICIALS 
§8601. Actions by public employees and public officials for recordable instruments 
fIled without a legal basis 
1. Definitions. 
As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
COMMITTEE AMENDMENT 
o~,s. 
~ .. 
COMMITTEE AMENDMENT ,A" to H.P. 167, L.D. 206 
A. 
"Public employee" means a person employed by the State, a county, a 
municipality or any entity identified in statute as a public instrumentality. 
B. "Public official" means a person elected or appointed to a public office. 
C. "Recordable instrument" means any lien or encumbrance, the false filing of which 
is identified as a crime under Title 17-A, section 706-A. 
2. Expedited process for a court to review the filing of recordable instruments. 
This subsection governs the procedure by which a public employee or public official may 
dispute the filing of a recordable instrument at a registry of deeds. 
A. A public employee or public official who asserts that a recordable instrument was 
filed against property of the public employee or public official by a person who 
knows the recordable instrument is without a legal basis or was filed or presented for 
filing with the intent that the instrument be used to harass or hinder the public 
employee or public official in the exercise of the employee's or official's duties may 
file, at any time, a motion for a judicial declaration that the recordable instrument is 
without a legal basis. The motion may be filed in the Superior Court in the county 
where the public employee or public official resides. The motion must be supported 
by a signed and notarized affidavit of the moving party setting forth a concise 
statement of the facts upon which the claim for relief is based. 
B. The clerk of the court may not 'collect a filing fee for filing a motion under this 
subsection. 
C. 
The court's finding may be made solely on a review of the documentation 
attached to the motion and the responses, if any, and without hearing any oral 
testimony if none is offered. The court's review may be made only upon not less than 
days' notice to each secured party or creditor named in the recordable instrument. 
Each secured party or creditor named in the recordable instrument may respond to the 
motion based on pleadings, depositions, admissions and affidavits. 
The court's 
review of the pleadings, depositions, admissions and affidavits may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
D. The court shall enter judgment in favor of the moving party only if the pleadings, 
depositions, admissions and affidavits on file show that there is no genuine issue as to 
any material fact and that the moving party is entitled to a judgment as a matter of 
law. 
E. After review, the court shall enter an appropriate finding of fact and conclusion of 
law, an attested copy of which must be filed and indexed under the moving party's 
name in the registry of deeds where the original recordable instrument was filed. The 
copy must be sent within 7 days following the date that the finding of fact and 
conclusion of law are issued by the court. A secured party or creditor may appeal the 
finding of fact and conclusion of law as provided in the Maine Rules of Appellate 
Procedure. In addition to the notice requirements of the Maine Rules of Appellate 
Procedure, the secured party or creditor shall give notice of the appeal to the registry 
of deeds where the original recordable instrument was filed. 
COMMITTEE AMENDMENT 
c-, 
~. " 
i0 
COMMITTEE AMENDMENT "A" to H.P. 167, L.D. 206 
This subsection is cumulative of other law under which a person may obtain judicial 
relief with respect to any filed or recorded document. 
3. Civil penalty and injunction. A person who violates this subsection is subject to 
civil penalties and other relief as provided in this subsection. 
A. A person may not knowingly file, attempt to file or cause to be filed in a registry 
of deeds a recordable instrument against the real or personal property of a public 
employee or a public official that the person knows: 
(1) Is without a legal basis; or 
(2) Was filed or presented for filing with the intent that the instrument be used to 
harass or hinder the public employee or public official in the exercise of the 
employee's or official's duties. 
B. A person who violates this subsection is liable to each public employee or public 
official under paragraph A for: 
(I) The greater of: 
(a) Ten thousand dollars; and 
(b) Damages equal to the amount of the recordable instrument that was filed 
or attempted to be filed; 
(2) Court costs; 
(3) Reasonable attorney's fees; 
(4) Related expenses of bringing the action, including investigative expenses; 
and 
(5) Punitive damages in an amount determined by the court. 
C. The following persons may bring an action to enjoin a violation of this subsection 
or to recover damages under this subsection: 
(1) The public employee or public official; and 
(2) The Attorney General. 
D. An action under this subsection may be brought in any court in Kennebec County 
or in a county where any of the persons named in the cause of action under this 
subsection reside. 
E. The fee for filing an action under this subsection is $25. The plaintiff must pay 
the fee to the clerk of the court in which the action is filed. The plaintiff may not be 
assessed any other fee, cost, charge or expense by the clerk of the court. 
F. A plaintiff who is unable to pay the filing fee and any fee for service of notice 
may follow the court procedures to waive such fees. 
G. If the fee imposed under paragraph E is less than the filing fee the court imposes 
for filing other similar actions and the plaintiff prevails in the action, the court may 
COMMITTEE AMENDMENT 
\t;.... 
,4. '" 1 
" 
.. 
IJ-
COMMITTEE AMENDMENT A" to H.P. 167, L.D. 206 
order a defendant to pay to the court the difference between the fee paid under 
paragraph E and the filing fee the court imposes for filing other similar actions. 
This subsection is cumulative of other law under which a person may obtain judicial 
relief with respect to any filed or recorded document. This subsection is not intended to 
be an exclusive remedy. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and adds an emergency preamble and emergency 
clause. The amendment establishes an expedited process for a court to declare that a lien 
or encumbrance is without a legal basis. 
The expedited process authorizes a public 
employee or public official to file a motion for a judicial declaration if the lien or 
encumbrance was filed by a person who knows the recordable instrument is without a 
legal basis or was filed or presented for filing with the intent that the instrument be used 
to harass or hinder the public employee or public official in the exercise of the employee's 
or official's duties. 
The amendment also provides a civil penalty against a person who knowingly files, 
attempts to file or causes to be filed in a registry of deeds a lien or other encumbrance 
against the real or personal property of a public employee or a public official if that 
person knows the lien or encumbrance is without a legal basis or was filed or presented 
for filing with the intent that the instrument be used to harass or hinder the public 
employee or public official in the exercise of the employee's or official's duties. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/24/13 .:tvac 
LD206 
LR 541(02) 
An Act To Protect Title to Real and Personal Property of Public Employees 
Fiscal Note for Bill as Amended by Committee Amendment 1\' 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil cases and violations. 
( »-17'+-) 
The collection of additional filing fees and fines may also increase General Fund revenue by minor amounts. 
LR054 1 (02) - Fiscal Note - Page 1 of 1