reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 6: DEFAULT › Subpart 2: NONCOMPLIANCE WITH ARTICLE › 11 §9-1628. Nonliability and limitation on liability of secured party; liability of secondary obligor

§9-1628. Nonliability and limitation on liability of secured party; liability of secondary obligor
(1).
Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person and knows how to communicate with the person:
(a). The secured party is not liable to the person or to a secured party or lienholder that has filed a financing statement against the person for failure to comply with this Article; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
A secured party is not liable because of its status as secured party:
(a). To a person that is a debtor or obligor, unless the secured party knows:
(i) That the person is a debtor or obligor;
(ii) The identity of the person; and
(iii) How to communicate with the person; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(i) That the person is a debtor; and
(ii) The identity of the person.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3).
A secured party is not liable to any person, and a person's liability for a deficiency is not affected because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:
(a). A debtor's representation concerning the purpose for which collateral was to be used, acquired or held; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). An obligor's representation concerning the purpose for which a secured obligation was incurred.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4).
A secured party is not liable to any person under section 9-1625, subsection (3), paragraph (b) for its failure to comply with section 9-1616.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5).
A secured party is not liable under section 9-1625, subsection (3), paragraph (b) more than once with respect to any one secured obligation.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1701. Effective date

§9-1701. Effective date
This Article takes effect on July 1, 2001.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1702. Savings clause

§9-1702. Savings clause
(1).
Except as otherwise provided in this part, this Article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this Article takes effect.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
Except as otherwise provided in subsection (3) and sections 9‑1703 to 9‑1709:
(a). Transactions and liens that were not governed by former Article 9, were validly entered into or created before this Article takes effect and would be subject to this Article if they had been entered into or created after this Article takes effect and the rights, duties and interests flowing from those transactions and liens remain valid after this Article takes effect; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The transactions and liens may be terminated, completed, consummated and enforced as required or permitted by this Article or by the law that otherwise would apply if this Article had not taken effect.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 2001, c. 286, §14 (AMD).]
(3).
This Article does not affect an action, case or proceeding commenced before this Article takes effect.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF). PL 2001, c. 286, §14 (AMD).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1703. Security interest perfected before effective date

§9-1703. Security interest perfected before effective date
(1).
A security interest that is enforceable immediately before this Article takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this Article if, when this Article takes effect, the applicable requirements for enforceability and perfection under this Article are satisfied without further action.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
Except as otherwise provided in section 9-1705, if, immediately before this Article takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this Article are not satisfied when this Article takes effect, the security interest:
(a). Is a perfected security interest for one year after this Article takes effect;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Remains enforceable thereafter only if the security interest becomes enforceable under section 9-1203 before the year expires; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). Remains perfected thereafter only if the applicable requirements for perfection under this Article are satisfied before the year expires.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1704. Security interest unperfected before effective date

§9-1704. Security interest unperfected before effective date
A security interest that is enforceable immediately before this Article takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1).
Remains an enforceable security interest for one year after this Article takes effect;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
Remains enforceable thereafter if the security interest becomes enforceable under section 9-1203 when this Article takes effect or within one year thereafter; and
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3).
Becomes perfected:
(a). Without further action, when this Article takes effect if the applicable requirements for perfection under this Article are satisfied before or at that time; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1706. When initial financing statement suffices to continue effectiveness of financing statement

§9-1706. When initial financing statement suffices to continue effectiveness of financing statement
(1).
The filing of an initial financing statement in the office specified in section 9‑1501 continues the effectiveness of a financing statement filed before this Article takes effect if:
(a). The filing of an initial financing statement in that office would be effective to perfect a security interest under this Article;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The pre-effective-date financing statement was filed in an office in another state or another office in this State; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). The initial financing statement satisfies subsection (3).   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
The filing of an initial financing statement under subsection (1) continues the effectiveness of the pre-effective-date financing statement:
(a). If the initial financing statement is filed before this Article takes effect, for the period provided in former section 9‑403 with respect to a financing statement; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). If the initial financing statement is filed after this Article takes effect, for the period provided in section 9‑1515 with respect to an initial financing statement.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3).
To be effective for purposes of subsection (1), an initial financing statement must:
(a). Satisfy the requirements of Part 5 for an initial financing statement;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). Indicate that the pre-effective-date financing statement remains effective.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1707. Amendment of preeffective-date financing statement

§9-1707. Amendment of preeffective-date financing statement
(1).
In this section, "preeffective-date financing statement" means a financing statement filed before this Article takes effect.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
After this Article takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a preeffective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3).
Except as otherwise provided in subsection (4), if the law of this State governs perfection of a security interest, the information in a preeffective-date financing statement may be amended after this Article takes effect only if:
(a). The preeffective-date financing statement and an amendment are filed in the office specified in section 9‑1501;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). An amendment is filed in the office specified in section 9‑1501 concurrently with or after the filing in that office of an initial financing statement that satisfies section 9‑1706, subsection (3); or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). An initial financing statement that provides the information as amended and satisfies section 9‑1706, subsection (3) is filed in the office specified in section 9‑1501.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4).
If the law of this State governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be continued only under section 9‑1705, subsections (4) and (6) or section 9‑1706.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5).
Whether or not the law of this State governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this State may be terminated after this Article takes effect by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless an initial financing statement that satisfies section 9‑1706, subsection (3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1708. Persons entitled to file initial financing statement or continuation statement

§9-1708. Persons entitled to file initial financing statement or continuation statement
A person may file an initial financing statement or a continuation statement under this part if:   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1).
The secured party of record authorizes the filing; and
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
The filing is necessary under this part:
(a). To continue the effectiveness of a financing statement filed before this Article takes effect; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). To perfect or continue the perfection of a security interest.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 9-A: TRANSACTIONS › Part 7: TRANSITION › 11 §9-1709. Priority

§9-1709. Priority
(1).
This Article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this Article takes effect, former Article 9 determines priority.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2).
For purposes of section 9‑1322, subsection (1), the priority of a security interest that becomes enforceable under section 9‑1203 of this Article dates from the time this Article takes effect if the security interest is perfected under this Article by the filing of a financing statement before this Article takes effect that would not have been effective to perfect the security interest under former Article 9. This subsection does not apply to conflicting security interests, each of which is perfected by the filing of such a financing statement.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-101. Definitions; retroactivity

§10-101. Definitions; retroactivity
(1).
For the purposes of this Article, the phrase "old code" means the Uniform Commercial Code as enacted by public law, 1963, chapter 362 and as amended by the following:
Public law, 1965, chapter 306;
Public law, 1967, chapter 213;
Public law, 1969, chapter 155;
Public law, 1969, chapter 225;
Public law, 1969, chapter 302;
Public law, 1969, chapter 327;
Public law, 1969, chapter 389;
Public law, 1969, chapter 421;
Public law, 1969, chapter 582;
Public law, 1971, chapter 11;
Public law, 1971, chapter 474;
Public law, 1971, chapter 544;
Public law, 1973, chapter 8;
Public law, 1973, chapter 441;
Public law, 1973, chapter 442;
Public law, 1973, chapter 443;
Public law, 1973, chapter 444;
Public law, 1973, chapter 625;
Public law, 1973, chapter 762;
Public law, 1975, chapter 269;
Public law, 1975, chapter 320;
Public law, 1975, chapter 770; and
Public law, 1977, chapter 90.
For the purposes of this Article, the phrase "public law, 1977, chapter 526" means chapter 526 of the public laws of 1977, "An Act Relating to Secured Transactions under the Uniform Commercial Code," effective January 1, 1978. The phrase "new code" means the old code as amended by public law, 1977, chapter 526.
[PL 1977, c. 586 (NEW).]
(2).
This Article is retroactive to January 1, 1978.
[PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-102. Preservation of old transition provision

§10-102. Preservation of old transition provision
Chapter 362, section 41 of the public laws of 1963 shall continue to apply to the new code and for this purpose the old code and the new code shall be considered one continuous statute.   [PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-103. Transition to the new code; general rule

§10-103. Transition to the new code; general rule
Transactions validly entered into after December 31, 1964, and before January 1, 1978, and which are subject to the provisions of the old code and which would be subject to the new code and this Article, as amended if they had been entered into after the effective date of public law, 1977, chapter 526 and the rights, duties and interests flowing from such transactions remain valid after January 1, 1978, and may be terminated, completed, consummated or enforced as required or permitted by the new code. Security interests arising out of those transactions, which are perfected when public law, 1977, chapter 526 becomes effective, shall remain perfected until they lapse as provided in the new code and may be continued as permitted by the new code, except as stated in section 10‑105.   [PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-104. Transition provision on change of requirement of filing

§10-104. Transition provision on change of requirement of filing
A security interest for the perfection of which filing or the taking of possession was required under the old code and which attached prior to the effective date of public law, 1977, chapter 526, but was not perfected shall be deemed perfected on the effective date of public law, 1977, chapter 526, if the new code permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.   [PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-105. Transition provision on change of place of filing

§10-105. Transition provision on change of place of filing
(1).
A financing statement or continuation statement filed prior to January 1, 1978, which shall not have lapsed prior to January 1, 1978, shall remain effective for the period provided in the old code, but not less than 5 years after the filing.
[PL 2017, c. 475, Pt. A, §17 (AMD).]
(2).
With respect to any collateral acquired by the debtor subsequent to the effective date of public law 1977, chapter 526, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the new code.
[PL 1977, c. 586 (NEW).]
(3).
The effectiveness of any financing statement or continuation statement filed prior to January 1, 1978, may be continued by a continuation statement as permitted by the new code, except that if the new code requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 10-106 shall be filed in that office.
[PL 1977, c. 586 (NEW).]
(4).
If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the new code had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to those goods under section 9-402, subsection (6) of the new code on the effective date of public law, 1977, chapter 526.
[PL 1977, c. 696, §155 (AMD).]
SECTION HISTORY
PL 1977, c. 586 (NEW). PL 1977, c. 696, §155 (AMD). PL 2017, c. 475, Pt. A, §17 (AMD).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-106. Required refilings

§10-106. Required refilings
(1).
If a security interest is perfected or has priority when public law, 1977, chapter 526 takes effect as to all persons or as to certain persons without any filing or recording and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the new code, the perfection and priority rights of the security interest continue until 3 years after the effective date of public law, 1977, chapter 526. The perfection shall then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
[PL 1977, c. 586 (NEW).]
(2).
If a security interest is perfected when public law, 1977, chapter 526 takes effect under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and shall lapse 3 years after public law, 1977, chapter 526 takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under section 9-302, subsection (3) the other law continues to govern filing.
[PL 1977, c. 586 (NEW).]
(3).
If a security interest is perfected by a filing, refiling or recording under a law repealed by public law, 1977, chapter 526 which required further filing, refiling or recording to continue its perfection, perfection continues and shall lapse on the date provided by the law so repealed for the further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
[PL 1977, c. 586 (NEW).]
(4).
A financing statement may be filed within 6 months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It shall identify the security agreement, statement or notice, however denominated in any statute or other law repealed or modified by public law, 1977, chapter 526 or this Article, state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or law repealed or modified by public law, 1977, chapter 526 or this Article is still effective. Sections 9-103 and 9-401 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of section 9-403, subsection (3) for continuation statements apply to such a financing statement.
[PL 1977, c. 696, §156 (AMD).]
SECTION HISTORY
PL 1977, c. 586 (NEW). PL 1977, c. 696, §156 (AMD).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-107. Transition provisions as to priorities

§10-107. Transition provisions as to priorities
Except as otherwise provided in this Article, the old code shall apply to any questions of priority if the positions of the parties were fixed prior to the effective date of public law, 1977, chapter 526. In other cases, questions of priority shall be determined by the new code.   [PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 11: UNIFORM COMMERCIAL CODE › Article 10: TRANSITION PROVISIONS › 11 §10-108. Presumption that rule of law continues unchanged

§10-108. Presumption that rule of law continues unchanged
Unless a change in law has clearly been made, the new code shall be deemed declaratory of the meaning of the old code.   [PL 1977, c. 586 (NEW).]
SECTION HISTORY
PL 1977, c. 586 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §1. Short title

§1. Short title
This chapter may be known and cited as the "Soil and Water Conservation Districts Law."   [RR 1993, c. 1, §32 (COR).]
SECTION HISTORY
PL 1965, c. 190, §1 (AMD). RR 1993, c. 1, §32 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §2. Policy

§2. Policy
Conservation of soil and water resources may involve adjustments in land and water use and the development, improvement and protection of these resources under various combinations of use. It is declared to be the policy of the Legislature to provide for and encourage the optimal use of the State's agricultural resources, to insure the availability of appropriate soil and water resources for the production of food and other renewable resources, to provide for the conservation of the soil and soil and water resources of this State, and for the control and prevention of soil erosion, and thereby to preserve natural resources and maintain the economic base for the State's natural resource industries, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this State.   [PL 1985, c. 482, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 482, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §3. Definitions

§3. Definitions
Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings.   [PL 1979, c. 541, Pt. A, §114 (AMD).]
1.  Commission.
[PL 1995, c. 532, §4 (RP).]
1-A.  Department.
"Department" means the Department of Agriculture, Conservation and Forestry.
[PL 1995, c. 532, §5 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
2.  District or soil and water conservation district.
"District" or "soil and water conservation district" means an agency of the State, and a body corporate and politic, organized in accordance with this chapter, for the purposes, with the powers, and subject to the restrictions set forth.
[PL 1965, c. 190, §2 (AMD).]
3.  Due notice.
"Due notice" means notice published at least twice, with an interval of 6 days, in a newspaper or other publication of general circulation within the appropriate area, as well as notice through the United States mail, in the name of the district, directed to all affected property owners as their names shall appear on the tax records, except that in the event that land occupiers shall be domiciled in states or territories other than the State of Maine, then such land occupiers shall be notified by registered mail at their last known address. At any hearing held pursuant to such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
4.  Land occupier.
"Land occupier" or "occupier of land" includes any person, firm or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under this chapter, whether as owner, lessee, renter, tenant or otherwise.
[PL 1983, c. 99, §1 (AMD).]
5.  Supervisor.
"Supervisor" means one of the members of the governing body of a district, elected or appointed in accordance with this chapter.
[PL 1969, c. 477, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 190, §2 (AMD). PL 1969, c. 477, §1 (AMD). PL 1979, c. 541, §A114 (AMD). PL 1983, c. 99, §1 (AMD). PL 1995, c. 532, §§4,5 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §4. Limitation of authority

§4. Limitation of authority
The powers and duties conferred upon the Department of Agriculture, Conservation and Forestry or the soil and water conservation districts under this chapter shall not infringe upon or impair in any way the rights of any owner of riparian lands located upon, or any rights heretofore or hereafter granted by the Legislature to any person, firm, corporation, association, public or quasi-public body to use or take the water in or from, any lake, pond, river, stream, brook or any other body of water located wholly or partly in the State of Maine.   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1965, c. 190, §3 (AMD). PL 1969, c. 477, §1 (AMD). PL 1995, c. 532, §17 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §5. Cooperation of state agencies

§5. Cooperation of state agencies
Agencies of this State which shall have jurisdiction over, or be charged with the administration of, any publicly owned lands, lying within the boundaries of any district organized under this chapter, shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors. Public lands used for research purposes shall comply with this section only to the extent that it does not interfere with existing research work.
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §6-A. Farmland registration

§6-A. Farmland registration
In addition to the powers assigned in section 6, a soil and water conservation district shall review applications for the registration of farmland pursuant to Title 7, chapter 2‑B. The district shall, by majority vote of the supervisors, certify whether the land described in the application:   [PL 1989, c. 478, §2 (NEW).]
1.  Acreage.
Consists of 5 or more contiguous acres;
[PL 1989, c. 478, §2 (NEW).]
2.  Farm products.
Includes only land used in the production of farm products, as defined in Title 7, section 52, subsection 3‑A, in one of the 2, or 3 of the 5, calendar years preceding the date of application for registration under Title 7, chapter 2‑B;
[RR 2011, c. 2, §7 (COR).]
3.  Relationship to boundary established.
Is within 50 feet of any property boundary and that the application includes a depiction of the distance between any area producing farm products under consideration and any property boundary within 50 feet that is sufficient to determine the impact of Title 7, section 56, subsection 1‑A on abutting land; and
[RR 2011, c. 2, §7 (COR).]
4.  Renewal.
For farmland registered within the time frame provided under section 53‑B, subsection 1, continues to meet the eligibility requirements of Title 7, section 53‑A that were in effect at the time the land was registered.
[PL 2011, c. 608, §18 (NEW).]
A district shall complete its review under this section within 60 days of receiving an application.   [PL 2011, c. 608, §18 (AMD).]
SECTION HISTORY
PL 1989, c. 478, §2 (NEW). PL 2007, c. 649, §6 (AMD). PL 2011, c. 608, §18 (AMD). RR 2011, c. 2, §7 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 12 §7. Discontinuance of districts

§7. Discontinuance of districts
At any time after 5 years after the organization of a district under this chapter, any 25 occupiers of land lying within the boundaries of such district may file a petition with the State Department of Agriculture, Conservation and Forestry requesting that the operations of the district be terminated and the existence of the district discontinued. Upon receipt of the petition for the discontinuance of a district, the Department of Agriculture, Conservation and Forestry shall conduct such public hearings and referenda as may be necessary to assist it in the consideration thereof. In conducting such hearings and referenda, the Department of Agriculture, Conservation and Forestry shall adhere substantially to the same procedures and give weight to each of the considerations set forth in section 101, as were followed in the organization of such districts. The Department of Agriculture, Conservation and Forestry may not determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.   [PL 1965, c. 190, §5 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
The State Department of Agriculture, Conservation and Forestry shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with this chapter, more often than once in 5 years.   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1965, c. 190, §§5,6 (AMD). PL 1969, c. 477, §1 (AMD). PL 1995, c. 532, §17 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §51. Membership; seal; rules (REPEALED)

§51. Membership; seal; rules
(REPEALED)
SECTION HISTORY
PL 1965, c. 190, §7 (AMD). PL 1967, c. 280 (AMD). PL 1967, c. 494, §10 (AMD). PL 1967, c. 544, §20 (AMD). PL 1969, c. 477, §1 (AMD). PL 1973, c. 460, §18 (AMD). PL 1973, c. 513, §22 (AMD). PL 1975, c. 172 (RPR). PL 1975, c. 770, §61 (AMD). PL 1983, c. 99, §2 (AMD). PL 1983, c. 812, §71 (AMD). PL 1987, c. 578 (AMD). PL 1989, c. 503, §B54 (AMD). PL 1991, c. 837, §A28 (AMD). PL 1995, c. 532, §7 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §51-A. Advisory council established

§51-A. Advisory council established
The State Conservation District Advisory Council, as established by Title 5, section 12004‑I, subsection 68‑A, advises the commissioner on matters affecting the operations and responsibilities of soil and water conservation districts. The State Conservation District Advisory Council consists of one representative from each of the soil and water conservation districts. The president and vice-president of the Maine Association of Conservation Districts and the State Conservationist of the United States Department of Agriculture, Natural Resources Conservation Service shall serve as ex officio, nonvoting members. The president and vice-president of the Maine Association of Conservation Districts shall also serve as chair and vice-chair. The advisory council shall:   [PL 1995, c. 532, §8 (NEW).]
1.  Formulation of budget.
Consult with the commissioner regarding the formulation of that part of the department's budget that pertains to the operations of the soil and water conservation districts;
[PL 1995, c. 532, §8 (NEW).]
2.  Procedures for election of supervisors.
Advise the Department of Agriculture, Conservation and Forestry on the appointment of soil and water conservation district supervisors and on procedures for the election of supervisors;
[PL 1995, c. 532, §8 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
3.  Consult in areas of expertise.
Regularly consult with the Department of Agriculture, Conservation and Forestry on matters in which the soil and water conservation districts have individual or collective expertise, including agriculture, forestry, water quality, economic and community development and the protection of landowner rights;
[PL 1995, c. 532, §8 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
4.  Distribution of grant money.
Advise the department on procedures for the distribution of federal, state or private grant money that passes through the department and is intended for the work of soil and water conservation districts; and
[PL 1995, c. 532, §8 (NEW).]
5.  Conservation districts.
Advise the department regarding the formation or discontinuance of soil and water conservation districts.
[PL 1995, c. 532, §8 (NEW).]
SECTION HISTORY
PL 1995, c. 532, §8 (NEW). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §51-B. Assistance from department

§51-B. Assistance from department
The department shall assist the advisory council and individual soil and water conservation districts to further constructive working relationships with other natural resource agencies of State Government.   [PL 1995, c. 532, §9 (NEW).]
SECTION HISTORY
PL 1995, c. 532, §9 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §52. Legal services; executive director; delegation of powers (REPEALED)

§52. Legal services; executive director; delegation of powers
(REPEALED)
SECTION HISTORY
PL 1969, c. 477, §§1,2 (AMD). PL 1971, c. 594, §§17-A (AMD). PL 1973, c. 537, §16 (AMD). PL 1979, c. 732, §19 (AMD). PL 1991, c. 837, §A29 (AMD). PL 1995, c. 532, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §53. Officers; terms; quorum; compensation; records (REPEALED)

§53. Officers; terms; quorum; compensation; records
(REPEALED)
SECTION HISTORY
PL 1969, c. 477, §1 (AMD). PL 1983, c. 99, §3 (AMD). PL 1983, c. 812, §72 (AMD). PL 1991, c. 837, §A30 (AMD). PL 1995, c. 532, §11 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §54-A. Budget

§54-A. Budget
That part of the department's budget that pertains to the operations of the soil and water conservation districts must be separately identified as a major budget area within the department's budget.   [PL 1995, c. 532, §14 (NEW).]
SECTION HISTORY
PL 1995, c. 532, §14 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 2: SOIL AND WATER CONSERVATION › 12 §55. Exemptions

§55. Exemptions
Exempted from this subchapter are all dams and projects licensed by or subject to the jurisdiction of the Federal Power Commission under Part I of the Federal Power Act.   [PL 1973, c. 103, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 103, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 3: SUPERVISORS › 12 §102. Duties of supervisors and district employees

§102. Duties of supervisors and district employees
1.  Supervisors.
A majority of the supervisors constitute a quorum, and the vote of a majority of the quorum present constitutes an action by the board. The supervisors shall elect one of their members to be chair and may, from time to time, change such designation. As determined by the board, and to the extent funds are available for this purpose, a supervisor may receive reasonable compensation for services and other expenses, including travel necessarily incurred in the discharge of the supervisor's duties.
[PL 1999, c. 138, §2 (NEW).]
2.  Employees and others.
The supervisors may employ a secretary and such other employees and contractors as they require in the performance of their duties. The supervisors may call upon the Attorney General for legal services. The supervisors shall require the execution of surety bonds for all employees and officers who are entrusted with funds or valuable property.
[PL 1999, c. 138, §2 (NEW).]
3.  Delegation.
Subject to their appropriate supervision, the supervisors may delegate the work of the district to one or more of their members of the district or to their employees or agents as they determine necessary for the conduct of the district's business.
[PL 1999, c. 138, §2 (NEW).]
4.  Records.
The supervisors shall provide for the keeping of accurate records of their actions, proceedings and other business of the district. The supervisors shall furnish to the commissioner any records or information that the commissioner may request concerning the performance of the district's business.
[PL 1999, c. 138, §2 (NEW).]
SECTION HISTORY
PL 1965, c. 190, §§11,12 (AMD). PL 1969, c. 477, §1 (AMD). PL 1995, c. 532, §§15,17 (AMD). PL 1999, c. 138, §2 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 3: SUPERVISORS › 12 §103. Associate supervisors

§103. Associate supervisors
1.  Appointment of associate supervisors.
By unanimous vote, the board of supervisors of a district established according to section 102 may appoint individuals with training and experience relevant to the duties of the supervisors to serve as associate supervisors.
By unanimous vote, the board of supervisors may designate one or more of the associate supervisors to have voting authority. The board shall maintain a list of individuals designated to have voting authority and shall submit that list to the department. Employees of the district and contract providers to the district may be appointed as associate supervisors but may not be accorded this voting authority. The voting authority accorded associate supervisors is limited under subsection 2.
[PL 1997, c. 105, §1 (NEW).]
2.  Limits on voting authority.
When only 2 supervisors are present at a regularly scheduled board meeting, the chair of the meeting may appoint an associate supervisor present and with designated voting authority to serve as a supervisor for that meeting, thereby establishing a quorum. The designated associate supervisor has full voting rights of a supervisor for that meeting.
[PL 1997, c. 105, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 105, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 4: FORMATION OF DISTRICTS › 12 §151. Petition for creation

§151. Petition for creation
Any 25 occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Department of Agriculture, Conservation and Forestry asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth:   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
1.  Name.
The proposed name of said district;
2.  Need.
That there is need, in the interest of the public health, safety and welfare, for a district to function in the territory described in the petition;
3.  Description.
A description of the territory proposed to be organized as a district;
4.  Referendum.
A request that the Department of Agriculture, Conservation and Forestry duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil and water conservation district in such territory; and that the Department of Agriculture, Conservation and Forestry determine that such a district be created.
[PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
Where more than one petition is filed covering parts of the same territory, the Department of Agriculture, Conservation and Forestry may consolidate all or any such petitions.   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1965, c. 190, §§13,14 (AMD). PL 1969, c. 477, §1 (AMD). PL 1995, c. 532, §17 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 1: SOIL AND WATER CONSERVATION › Chapter 1: SOIL AND WATER CONSERVATION DISTRICTS › Subchapter 4: FORMATION OF DISTRICTS › 12 §153. Referendum

§153. Referendum
After the Department of Agriculture, Conservation and Forestry has made and recorded a determination that there is need for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries is administratively practicable and feasible. To assist the Department of Agriculture, Conservation and Forestry in the determination of such administrative practicability and feasibility, it shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district, cause due notice of a referendum to be given, and hold such referendum within the proposed district. The question shall be submitted by ballots. The usual voting places available for regular elections within the district shall be available for the purposes of such referenda, and city and town officials are directed to assist in the carrying out of such referenda.   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
All occupiers of lands lying within the boundaries of the territory, as determined by the State Department of Agriculture, Conservation and Forestry, and only such land occupiers, shall be eligible to vote in such referendum.   [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1965, c. 190, §16 (AMD). PL 1969, c. 477, §1 (AMD). PL 1995, c. 532, §17 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).