An Act To Streamline Sewer District and Sanitary District Borrowing
Maine Legislature, Session 122, LD 0864
Committee: Utilities and Energy
Sponsors: RINES, BARTLETT, ADAMS, CRESSEY, GERZOFSKY
Amends: 38 MRSA §1165, 38 MRSA §1256

Legislative Document 
No. 864 
H.P.615 
House of Representatives, February 16,2005 
An Act To Streamline Sewer District and Sanitary District 
Borrowing 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative RINES of Wiscasset. 
Cosponsored by Senator BARTLETT of Cumberland and 
11/~ 
/h.1J?/!£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, CRESSEY of Cornish, GERZOFSKY of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §1165 is enacted to read: 
§1165. Sanitary districts; authority to increase debt limits 
1. 
Debt 
limit. 
Notwithstanding 
any 
provision 
of 
its 
charter to the contrary, 
a sanitary district may increase its 
debt limit by referendum in accordance with this section. 
A 
sanitary district is not required to use the procedure provided 
by this section and may seek to increase its debt limit by any 
other 
lawful 
means, 
including 
pursuant 
to 
any 
other 
means 
described in its charter or by seeking legislative amendment to 
its charter. 
2. 
Referendum. 
If a sanitary district chooses to increase 
its debt limit pursuant to this section, the governing body of 
the sanitary district shall propose a new debt limi t 
and submit 
the proposal for approval at a 
re_l~dum within the district. 
The referendum must be called, advertised and conducted according 
to the law relating to municipal elections, except the registrar 
of voters is not required to prepare or the clerk to post a new 
list of voters. 
For the purpose of registering voters, 
the 
registrar of voters must be in session on the regular work day 
preceding 
the 
election. 
The 
question presented 
must 
be 
in 
substantially the following form: 
"Do you favor changing the debt limit of the (insert name of 
district) 
from 
(insert 
current 
debt 
limit) 
to 
(insert 
proposed debt limit)?" 
The voters shall indicate by a 
cros~r_cl1eck mark placed against 
the word "Yes" or "No" their opinion on the question. 
The 
results must 
be 
declared by 
the 
governing 
body of 
the 
district 
and 
entered 
upon 
the 
district's 
records. 
Due 
certificate of the results must be filed by the clerk with the 
Secretary of State. 
3. 
Approval. 
A debt limit proposal becomes effective upon 
its acceptance by a 
majori~f the legal voters within the 
district voting at the referendum. 
Failure of approval by the 
majority of voters voting at the referendum does not prevent 
subsequent referenda from being held for the same purpose. 
The 
costs of referenda are borne by the district. 
Sec. 2. 38 MRSA §1256 is enacted to read: 
§1256. Sewer districts; authority to increase debt limits 
Page l-LR1633(l) 
:lO 
... 
1. 
Debt 
limit. 
Notwithstanding 
any 
provision 
of 
its 
charter to the contrary, a sewer district may increase its debt 
limit by referendum in accordance with this section. 
A sewer 
distr ict is not required to use the procedure provided by this 
section and may seek to incre_Q.se its debt limit by any other 
lawful means, including pursuant to any other means described in 
its charter or by seeking legislative amendment to its charter. 
2. 
Re{~~~~QYm~~ewer djstrict chooses to increase its 
debt limit pursuant to this section, the governing body of the 
sewer district shall propose a 
new debt limit and submit the 
f>rof>osal for af>f>roval at a referendum within the district. 
The 
referendum must be called, advertised and conducted according to 
the law relating to municif>al elections, except the registrar of 
voters is not required to f>ref>are or the clerk to post a new list 
of voters. 
For the pur~se of registering voters, the registrar 
of voters must be in session on the regular work day preceding 
the election. 
The question f>resented must be in substantially 
the following form: 
"Do you favor changing the debt limit of the (insert name of 
district) 
frQTIL __ Unsert 
current 
debt 
limit) 
to 
(insert 
proposed debt limit)? " 
The voters shall indicate by a cross or check mark placed against 
the word "Yes" or "No" their opinion on the question. 
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_'_'m_'_'u"_'s'__'t"____'b""e"______""d_"'e~c""l~,ao_,r'__'e"_'d"--~b""y.l------"'t"'-'h"'e'--___'<tg.o ve r n i ng 
bo dy 
f 
district 
and 
entered 
upon 
the 
district's 
records. 
certificate of the results must be filed by the clerk with 
Secretary of State. 
the 
Due 
the 
3. 
ApprQval. 
A debt limit proposal becomes effective upon 
its acceptance by a majority of the legal voters within the 
district voting at the referendum. 
Failure of approval by the 
majority of voters voting at the referendum does not prevent 
subsequent referenda from being held for the same purpose. 
The 
costs of referenda are borne by the district. 
SUMMARY 
This bill allows sanitary and sewer districts to increase 
their debt limit with a local referendum instead of having to go 
through the legislative process to change their charter.