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An Act To Protect Title to Real and Personal Property of Public Employees
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
CIVIL RECOVERY FOR FALSE FILING AGAINST PUBLIC EMPLOYEES
§ 8601. Civil recovery by public employees for falsely filed recordable instrument
 
1.  Definitions.     As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
 
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.  "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.  Liability.     Any person who unlawfully files, attempts to file or causes to be filed a recordable instrument against the real or personal property of a public employee knowing or believing that the instrument is false or without legal authority is liable to the public employee in accordance with the provisions of this section.
 
3.  Civil recovery.     Any person who unlawfully files, attempts to file or causes to be filed a recordable instrument against the real or personal property of a public employee knowing or believing that the instrument is false or without legal authority is civilly liable to the public employee for:
 
A.  Damages equal to the amount of the recordable instrument that was falsely filed, attempted to be filed or caused to be filed; and
 
B.  The costs attributable to any legal action required to remove or invalidate the recordable instrument in excess of any amount recovered under Title 5, section 90-E.
 
4.  Other actions.     A criminal prosecution under Title 17-A, section 706-A is not a prerequisite to an action under this section and such a criminal prosecution does not bar civil action. An action under this chapter does not bar a criminal prosecution under Title 17-A, section 706-A or an action for determination of authority to file a financing statement or other recovery under Title 5, section 90-E.
 
SUMMARY
This bill permits a civil action by a public employee to recover damages from a person who files a lien or encumbrance against the real or personal property of the public employee knowing or believing the lien or encumbrance to be false or without legal authority. The public employee is authorized to recover damages in the amount of the value of the lien or encumbrance and legal costs attributable to bringing legal action.