Maine Legislature, Session 122, LD 0982
Committee Amendment CA_A_H183 (House)

COMMITTEE AMENDMENT "It" to H.P. 692, L.D. 982, Bill, 
Act To Revise the Charter of the Kennebunk Sewer District" 
"An 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, the 
Kennebunk 
Sewer District charter 
should 
be 
modified as soon as possible; and 
Whereas, the next election when the referendum to approve 
the amended charter could be held is less than 90 days after 
adjournment of this Legislature; 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,' 
Further amend the bill in section 2 in the 9th line (page 1, 
line 46 in L.D.) by inserting after the following: 
"corporation" 
the following: 
'as provided in this Act' 
Page l-LR0818(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A " to H.P. 692, L.D. 982 
Further amend the bill in section 2 in the last line (page 
2, 
line 
in 
L.D. ) 
by 
inserting 
after 
the 
following: 
"transaction" the following: 
'to the extent authorized pursuant 
to the Maine Revised Statutes, Title 38, section 1252, subsection 
10' 
Further amend the bill in section 3 in the first paragraph 
in the 8th line (page 2, line 24 in L.D.) by striking out the 
following: 
"5" and inserting in its place the following: 
'3' 
Further amend the bill in section 3 in the 2nd paragraph by 
striking out all of the last sentence (page 2, lines 46 to 48 in 
L.D.) and inserting in its place the following: 
'The trustees 
may receive compensation in accordance with the Maine Revised 
Statutes, Title 38, section 1252, subsection 5.' 
Further amend the bill in section 4 in the 2nd paragraph in 
the first line (page 3, line 19 in L.D.) by striking out the 
following: 
"25%" and inserting in its place the following: 
'100,,0' 
Further amend the bill in section 7 in subsection 2 in the 
2nd and 3rd lines from the end (page 4, lines 32 and 33 in L.D.) 
by striking out the following: 
"40 days nor more than 45 days 
from the filing date" and inserting in its place the following: 
'45 days nor more than 90 days from the date the municipal clerk 
certifies the petition as sufficient' 
Further amend the bill by striking out all of section 8 
(page 5, lines 10 to 17 in L.D.) and inserting in its place the 
following: 
'Sec. 8. 
Eminent domain. 
The 
district's 
authority 
to 
exercise and the procedures for exercising eminent domain are as 
specified in the Maine Revised Statutes, Title 38, section 1252, 
subsection 2.' 
Further amend the bill in section 9 in the last line (page 
5, 
line 
in 
L.D.) 
by 
inserting 
after 
the 
following: 
"Commission." the following: 
'Nothing in this section may be 
construed as authorizing the district to take by right of eminent 
domain any of the property or facilities of any other public 
utility used or acquired for future use by the owner of the 
property or facilities in the performance of a public duty unless 
expressly authorized by special act of the Legislature.' 
Further amend the bill in section 10 by striking out all of 
the last paragraph (page 6, lines 22 to 31 in L.D.) and inserting 
in its place the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~" to H.P. 692, L.D. 982 
'In accordance with the Maine Revised Statutes, Title 38, 
section 1252, subsection 3, existing buildings that are already 
served by a private sewer system are not required to connect with 
any sewer or drain of the district.' 
Further amend the bill in section 11 in the 6th line (page 
6, 
line 
in 
L.D.) 
by 
inserting 
after 
the 
following: 
"wastewater" the following: 
'and storm and surface water' 
Further amend the bill in section 11 in the 3rd line from 
the 
end 
(page 
6, 
line 
in L.D.) 
by inserting after the 
following: 
"wastewater" the following: 
'and storm and surface 
water' 
Further amend the bill by striking out all of section 13 
(page 7, lines 13 to 50 and page 8, lines 2 to 6 in L.D.) and 
inserting in its place the following: 
'Sec. 13. Enforcement of laws and rules. 
The district has the 
enforcement authority specified in the Maine Revised Statutes, 
Title 
38, 
section 1252, 
subsection 8. 
The district or 
any 
official designated by the district may pursue any other legal 
remedies, 
including but not limited to the recovery of legal 
fees, that may be available to it under applicable laws against 
any 
person, 
including 
without 
limitation 
a 
landowner, 
the 
landowner's agent or a contractor, who violates a provision of 
this Act or a district rule or injures the district's property by 
discharging or otherwise permitting an offensive or injurious 
material or matter to enter the district's system.' 
Further amend the bill in section 15 in subsection l"in the 
blocked paragraph in the 13th line (page 9, line 3 in L.D.) by 
inserting after the following: 
"district." the following: 
'The 
district is a quasi-municipal corporation within the meaning of 
the Maine Revised Statutes, Title 3D-A, section 5701.' 
Further amend the bill in section 15 by inserting after 
subsection 8 the following: 
'9. 
Bonds and notes issued by the district are securities 
in which all public officers and public bodies of the State and 
its political SUbdivisions, insurance companies and associations 
and 
other 
persons 
carrying 
on 
an 
insurance 
business; 
trust 
companies, banks, bankers and banking associations; savings banks 
and 
savings 
associations, 
including 
savings 
and 
loan 
associations; 
credit 
unions; 
building 
and 
loan associations; 
investment 
companies; 
executors, 
administrators, 
trustees 
and 
other fiduciaries; pension, profit-sharing and retirement funds; 
and other persons carrying on a banking business, and all other 
persons 
who 
are 
authorized 
to 
invest 
in 
bonds 
or 
other 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 692, L.D. 982 
obligations of the State, may properly and legally invest funds, 
including capital in their control or belonging to them. The 
bonds and notes are securities that may properly and legally be 
deposited with and received by any state, municipal or public 
officer or any agency or political subdivision of the State for 
any purpose for which the deposit of bonds or other obligations 
of the State is authorized by law.' 
Further amend the bill in section 17 by striking out all of 
the 3rd paragraph (page 14, lines 37 to 44 in L.D.) and inserting 
in its place the following: 
'Prior to the adoption of a new rate schedule, the trustees 
shall hold a public hearing regarding the proposed rate schedule 
in accordance with the Maine Revised Statutes, Title 38, section 
1252, subsection 1.' 
Further amend the bill in section 17 in subsection 5 in the 
first line 
(page 
15, 
line 
in L.D.) 
by striking out the 
following: 
"Payment of obligations." 
Further amend the bill by striking out all of section 20. 
Further amend the bill in section 21 in the first line (page 
17, 
line 
in 
L.D.) 
by 
inserting 
after 
the 
following: 
"assessment" the following: 
'imposed under section 18' 
Further amend the bill in section 21 in the 3rd line (page 
17, line 18 in L.D.) by striking out the following: 
"20" and 
inserting in its place the following: 
'21' 
Further amend the bill in section 22 in the form in the 4th 
line (page 19, line 40 in L.D.) by striking out the following: 
"Title 38 M.R.S.A. Section 1208" 
Further amend the bill by inserting after section 27 the 
following: 
'Sec. 28. Existing law not affected; rights conferred subject to 
provisions of law. 
Except as expressly provided in this Act, 
nothing contained in this Act is intended to repeal or may be 
construed as repealing the whole or part of any existing law, and 
all rights and duties mentioned in this Act must be exercised and 
performed in accordance with the applicable provisions of the 
Maine Revised Statutes, Title 38, chapter 12 and any amendments 
thereto. ' 
Further amend the bill in section 28 by striking out all of 
the first paragraph 
(page 
21, 
lines 
to 
in L.D.) 
and 
inserting in its place the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A " to H.P. 692, L.D. 982 
'Sec. 28. Emergency clause; referendum; effective date. 
In view 
of the emergency cited in the preamble, this Act takes effect 
when 
approved 
but 
only 
for 
the 
purpose 
of 
permitting its 
submission to the legal voters within the territory described in 
section 1 at the election called for that purpose by January I, 
2006. 
The election must be called, advertised and conducted 
according to the law relating to municipal elections, except that 
the registrar of voters is not required to prepare or the town 
clerk 
to 
post 
a 
new list of voters. 
For 
the 
purpose 
of 
registration of voters, 
the registrar of voters must 
be in 
session on the secular day preceding the election. 
The subject 
matter of this Act is reduced to the following question: ' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering 
number 
to 
any 
read 
This amendment makes a number of clarifying changes to the 
bill. 
It also makes the following more substantive changes. 
1. 
It 
years. 
As 
serve until 
reduces the terms of the trustees from 5 years to 3 
provided in the bill, current trustees continue to 
their terms expire. 
2. 
It provides that on petition by 10% of the voters of the 
district the trustees shall call a district meeting as currently 
provided in the district's charter. 
3. 
It modifies the timing of a recall election to allow the 
election to be called up to 90 days after a recall petition has 
been certified. 
4. 
It clarifies that the district may contract to provide 
for 
the disposal of storm and surface water. 
This mirrors 
provisions for sanitary districts in the Maine Revised Statutes, 
Title 38, chapter 11. 
5. 
It replaces a provision granting particular enforcement 
powers 
to the district with 
a 
provision that references 
an 
enforcement power specified in statute. 
It also authorizes the 
district to pursue any other legal remedies that may be available 
to it under other applicable laws. 
6. 
It 
states 
corporation pursuant 
legal investments. 
that 
the 
district is 
a 
to statutes and that its 
quasi-municipal 
securities are 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 692, L.D. 982 
7. 
It removes a duplicative provision regarding liens of 
the district. 
8. 
It adds an emergency preamble and emergency clause to 
the bill and modifies the referendum language to allow but not 
require a referendum to be held. 
The bill does not take effect 
unless it is submitted to and approved by a vote in referendum. 
COMMITTEE AMENDMENT