An Act To Increase Consumer Protections
Maine Legislature, Session 127, LD 1259
Committee Amendment CA_A_H166 (House)
Amends: 5 MRSA §90-F, 11 MRSA §9

COMMITTEE AMENDMENT "4,, to H.P. 859, L.D. 1259, Bill, "An Act To 
Increase Consumer Protections" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 5 MRSA §90-F is enacted to read: 
§90-F. Refusal of records for filing or recording; removal of fIled or recorded 
records 
1. Refusal. Notwithstanding any other provision of law, if a person presents a 
record to the SecretaIy of State for filing or recording, the Secretary of State may refuse 
to accept the record for filing or recording if the record is not required or authorized to be 
filed or recorded with the SecretaIy of State or the Secretary of State has reasonable cause 
to believe the record is materially false or fraudulent. This subsection does not create a 
duty upon the SecretaIy of State to inspect, evaluate or investigate a record that is 
presented for filing or recording. 
2. Removal. The SecretaIy of State may remove a record that has been filed or 
recorded with the SecretaIy of State if the Secretary of State determines that the record 
was filed or recorded erroneously because the record was not required or authorized to be 
filed or recorded with the Secretary of State or the Secretary of State has reasonable cause 
to believe that the record is materially false or fraudulent. If the Secretary of State 
removes a record that was filed or recorded, the SecretaIy of State shall immediately 
notify the person who presented the record for filing or recording. 
3. Action after refusal or removal. If the Secretary of State, pursuant to subsection 
1, refuses to accept a record for filing or recording, the person who presented the record 
to the Secretary of State may commence an action in or apply for an order from the 
Superior Court to require the Secretary of State to accept the record for filing or 
recording. If the Secretary of State, pursuant to subsection 2, removes a record that was 
filed or recorded, the person who presented the record to the Secretary of State may 
commence an action in or apply for an order from the Superior Court to require the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '4 to H.P. 859, L.D. 1259 
Secretary of State to reinstate the filing or recording from the original date of filing or 
recording. If the court determines that the record is appropriate for filing or recording, it 
shall order the Secretary of State to accept the record for that purpose or require the 
Secretary of State to reinstate the record from the original date of filing or recording. ' 
Amend the bill in section 1 in paragraph (g) in the last line (page 1, line 9 in L.D.) by 
inserting after the following: "~" the following: 'or' 
Amend the bill by striking out all of sections 2 and 3 and inserting the following: 
'Sec. 2. 11 MRSA §9-1516, sub-§(2), ~(h) is enacted to read: 
(h). In the case of a record submitted for filing or recording with the SecretaIy of 
State, the Secretary of State refuses to acctmt the record in compliance with Title 5, 
section 90-F.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment gives the Secretary of State the authority to refuse to file or record a 
record that is not required or authorized to be filed or recorded with the Secretary of 
State. The Secretary of State may also refuse to file or record a record if the Secretary of 
State has reasonable cause to believe the record is materially false or fraudulent. 
The amendment gives the Secretary of State the authority to remove a record that was 
filed or recorded erroneously because the record was not required or authorized to be 
filed or recorded with the Secretary of State or the Secretary of State has reasonable cause 
to believe that the record is materially false or fraudulent. 
The amendment gives the person who presented the refused or removed record the 
option of asking the Superior Court to require the Secretary of State to file or record the 
refused record, or reinstate the filing or recording of the removed record from the original 
date of the filing or recording. 
FISCAL NOTE REQVlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05112115 
;tvac 
LD 1259 
LR 1810(02) 
An Act To Increase Consumer Protections 
Fiscal Note ror Bill as Amended by Committee Amendment A' [If -/ ~& ) 
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 suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR18 10(02) - Fiscal Note - Page 1 of 1