An Act To Streamline the Time-share Rate Collection Process Further amend the bill by striking out everything after the ti tIe and before the summary and inserting in its place the following: Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, utili ties that provide service to time-share estates on a property-wide basis and not on an individual-owner basis confront great practical difficulties if required by the managing entity to bill individual time-share owners, and some utili ties are currently being required to confront such difficulties; and Whereas, in the judgment of the Legislature, these facts create an emergency wi thin the meaning of the Constitution of Page l-LR2320(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1659
Committee Amendment CA_A_H669 (House)
Amends: 33 MRSA §593-A

COMMITTEE AMENDMENT ':A" to H.P. 1235, L.D. 1659, Bill, "An 
Act 
To 
Streamline the Time-share Rate Collection Process for 
Sanitary Districts" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Streamline the Time-share Rate Collection Process' 
Further amend the bill by striking out everything after the 
ti tIe and before the summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, utili ties 
that 
provide 
service 
to 
time-share 
estates on a property-wide basis and not on an individual-owner 
basis confront great practical difficulties if required by the 
managing entity to bill individual time-share owners, and some 
utili ties 
are 
currently 
being 
required 
to 
confront 
such 
difficulties; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Page l-LR2320(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/1" to H.P. 1235, L.D. 1659 
Maine 
and 
require 
the 
following 
legislation 
as 
necessary for the preservation of the public peace, 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 33 MRSA §593-A is enacted to read: 
§593-A. 
Utility billing for time-share estates 
immediately 
health and 
1. 
Definitions. 
As 
used in this section. the following 
terms have the following meanings. 
A. 
"Assessment" means any rate. fee or charge assessed or 
imposed by a utility for the provision of its service to 
time-share units. other than service that is metered or 
otherwise measured and billed on an individual time-share 
owner basis. 
B. 
"Utility" means a public utility as defined in Title 
35-A. section 102. sanitary district established under Title 
38. chapter 11 or sewer district as defined in Title 38. 
section 1251. 
2. 
Authority of managing entities. 
Notwithstanding section 
593. subsection 2. when a utility provides services to time-share 
units. the managing entity may collect and receive money from the 
time-share owners for the purpose of paying the assessment. 
3. 
Authority of utility to require assessment collection. 
Notwithstanding section 593. subsection 2. on written request of 
a utility. a managing entity shall collect and receive money from 
the time-share owners in accordance with this subsection for the 
purpose of paying assessments. 
A. 
The utility shall provide the managing entity a combined 
or total utility bill and any additional information that 
may be reasonably useful for the managing entity to allocate 
the cost of utility service to the time-share owners. 
B. 
The managing entity shall maintain an escrow account 
with 
a 
financial institution licensed by the State and 
deposit any money collected or received for the utility's 
assessments 
in the escrow account within 10 
days after 
collection 
or 
receipt. 
The 
escrow 
account 
must 
be 
established in the names of both the managing entity and the 
utility. 
A withdrawal may not be made 
from the escrow 
account without the written agreement of the utility. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ";4 " to H.P. 1235, L.D. 1659 
C. 
Prior 
to 
the 
delinquency 
date 
established 
by 
the 
utility, the managing entity shall pay to the utility all 
money deposited in the escrow account under paragraph B for 
the purpose of paying the assessment. 
If the amount paid 
from the escrow account is not sufficient to discharge all 
assessments due and owing: 
(1) 
The managing entity shall pay the difference and, 
in accordance with section 594, place a lien on those 
time-share estates whose owners have not contr ibuted 
their apportioned share to the escrow account; or 
(2) 
At the request of the utility, the managing enti~ 
shall provide a list identifying the delinquent owners 
and their interests, including periods of ownership, 
and the utility may proceed to collect the assessments 
from those interests as allowed by law. 
If the utility 
uses any lien procedure available to it under law to 
collect delinquent assessments on time-share estates, 
any required notice of the lien that the utility sends 
to a time-share estate owner must also be given to the 
managing entity or left at the managing entity' s last 
and usual place of abode or the utility must send to 
the managing entity by certified mail. return receipt 
requested, either a 
copy of the notice sent to the 
time-share estate owner or 
a 
notice that lists all 
time-share estate owners 
to 
whom notices have 
been 
delivered. 
For sending the notice or notices to the 
managing entity, the utility may receive $5 plus all 
certified mail, return receipt requested fees and the 
cost of any photocopying. 
4. 
Exercise of other utility authority not precluded. 
Nothing in this section limits the authority of a utility and a 
managing entity to make other mutually acceptable arrangements 
for collection of assessments. 
Nothing in this section limits 
the authority of a utility to take any other action available 
under law to collect and recover assessments. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, 
replaces the bill 
while 
preserving the 
essential 
features 
of 
the bill. 
This 
amendment: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ;4 .. to H.P. 1235, L.D. 1659 
1. 
Allows utilities to 
require the managing entity of 
time-share estates to collect and pay a unified utility bill. 
The procedures mirror those currently in law for collection of 
municipal taxes; 
2. 
mutually 
utilities 
Allows utilities and managing 
acceptable 
arrangements 
and 
may 
have 
under 
other 
law 
assessments; 
entities to make other 
preserves 
the 
authority 
to 
collect 
and 
recover 
3. 
Adds an emergency preamble and emergency clause to the 
bill; and 
4. 
Changes the title of the bill to reflect the changes 
made by the amendment. 
COMMITTEE AMENDMENT