An Act To Allow Civil Penalties for Damaging Utility Property or for Theft of Utility Services
Maine Legislature, Session 123, LD 2182
Committee Amendment CA_A_H778 (House)
Amends: 35-A MRSA §2705, 35-A MRSA §2706, 35-A MRSA §2707, 35-A MRSA §2708

COMMITTEE AMENDMENT "/1,, to H.P. 1552, L.D. 2182, Bill, "An Act To 
Allow Civil Penalties for Damaging Utility Property or for Theft of Utility Services" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, theft of utility services and property is a significant and growing problem 
in the State; and 
Whereas, theft of utility services and property imposes costs on all users of utility 
services and endangers the health and safety of utility workers and the general public; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §2705, as amended by PL 1993, c. 106, §3, is repealed. 
Sec. 2. 35-A MRSA §2706 is enacted to read: 
§2706. Civil liability for utility services wrongfully obtained 
A person may not obtain utility services by deception, threat or force or any other 
means designed to avoid due payment for the services that the person knows are available 
only for compensation and a person may not, having control over the disposition of utility 
services of another to which the person knows the person is not entitled, divert such 
utility services to the person's own benefit or to the benefit of some other person who the 
person knows is not entitled to the utility services. A person who violates this section is 
liable in a civil action to the utility providing the service for: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A" to H.P. 1552, L.D. 2182 
1. Cost of service. The cost of the utility services wrongfully obtained or diverted 
plus interest on the value of those services based on an annual interest rate of 5%; 
2. Other costs. All other reasonable costs to the utility, including attorney's fees and 
costs of undertaking and completing the investigation resulting in a determination of 
liability under this section; and 
3. Civil penalty. A civil penalty not to exceed $2,500 due and payable to the utility 
for each violation of this section. 
A person who is liable under this section may not pass on the cost of that liability, 
including any civil penalty assessed, to any tenants of that person who received diverted 
or wrongfully obtained utility services due to the actions of the liable person. 
Sec. 3. 35-A MRSA §2707 is enacted to read: 
§2707. Civil liability for damages to utility property 
A person may not intentionally, knowingly or recklessly damage, destroy or tamper 
with property of a utility having no reasonable grounds to believe that the person has a 
right to do so if such conduct creates a risk of interruption or impairment of services 
rendered to the public or causes a substantial interruption or impairment of services 
rendered to the public. A person who violates this section is liable in a civil action to the 
utility owning the property affected for: 
1. Cost of repair or replacement. The cost of repair or replacement of the utility 
property, as necessary; 
2. Other costs. All other reasonable costs to the utility, including attorney's fees and 
costs of undertaking and completing the investigation reSUlting in a determination of 
liability under this section; and 
3. Civil penalty. A civil penalty not to exceed $2,500 due and payable to the utility 
for each violation of this section. 
Sec. 4. 35-A MRSA §2708 is enacted to read: 
§2708. Civil liability for utility property wrongfully obtained 
A person may not obtain or exercise unauthorized control over the property of a 
utility with intent to deprive the utility of the property. A person who violates this section 
is liable in a civil action to the utility owning the property affected for: 
1. 
Cost of replacement. 
The cost of replacement of the utility property, as 
necessary; 
2. Other costs. All other reasonable costs to the utility, including attorney's fees and 
costs of undertaking and completing the investigation resulting in a determination of 
liability; and 
3. Civil penalty. A civil penalty not to exceed $2,500 due and payable to the utility 
for each violation of this section. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 35-A, chapter 27, in the chapter headnote, the words 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'P " 
to H.P. 1552, L.D. 2182 
"inspection of meters" are amended to read "inspection of meters and civil liability" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment makes the 
following changes to the bill: 
1. It redrafts the statutes governing civil liability for theft of utility services and 
damages to utility property to remove references to the Maine Revised Statutes, Title 
II 
17-A, the Maine Criminal Code, and replaces those references with language describing 
the actions that give rise to the civil liability. This clarifies that liability for damages and 
the civil penalty in a civil action are not dependent on criminal prosecution; 
2. 
It adds civil liability for wrongfully obtaining utility property in addition to 
IS 
wrongfully obtaining utility services and damaging utility property; 
3. It adds liability for interest on the cost of utility services wrongfully obtained at an 
annual interest rate of 5%; and 
4. It changes the civil penalty amount from a fixed $2,500 per offense to an amount 
not to exceed $2,500, to allow the judge to set the penalty based on the circumstances. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03111108 
.W"a-~ 
LD 2182 
LR 3459(02) 
An Act To Allow Civil Penalties for Damaging Utility Property or for Theft of Utility Services 
Fiscal Note for Bill as Amended by Committee Amendment -It .. 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. The collection of additional filing fees may also increase General Fund revenue by 
minor amounts. 
Fiscal Detail and Notes 
Additional costs associated with this legislation can be absorbed by the Public Utilities Commission utilizing existing 
budgeted resources. 
LR3459(02) - Fiscal Note - Page 1 of 1