An Act To Clarify the Law Governing the Collection of Unpaid Sanitary District Charges
Maine Legislature, Session 127, LD 0192
Committee Amendment CA_A_S121 (Senate)
Amends: 30-A MRSA §3406, 30-A MRSA §5405, 38 MRSA §1050, 38 MRSA §1208

COMMITTEE AMENDMENT" A "to S.P. 67, L.D. 192, Bill, "An Act To Clarify 
the Law Governing the Collection of Unpaid Sanitary District Charges" 
Amend the bill by inserting after the title and before the enacting clause the 
12' 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. ' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 30-A MRSA §3406, sub-§2, as amended by PL 2013, c. 197, §1, is 
further amended to read: 
2. Lien. There is a lien on real estate served or benefited by a municipal sewer or 
sewer system or storm water disposal system to secure the payment of service charges 
and interest on delinquent accounts established under this chapter. This lien arises and is 
perfected as services are provided and takes precedence over all other claims on the real 
estate, excepting only claims for taxes. 
Sec. 2. 30-A MRSA §5405, sub-§2, ~, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
D. 
There shall be i§. a lien on real estate served or benefitted by a water system, 
sewer system or water and sewer system to secure the payment of rates, fees or 
charges established under this chapter. This lien arises and is perfected as services 
are provided and takes precedence over all other claims on the real estate, excepting 
only claims for taxes. The treasurer of the municipality may collect these rates, fees 
and charges in the same manner as provided in Title 38, section 1208 for treasurers of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 67, L.D. 192 
sanitary sewer districts with respect to rates established and due under Title 38, 
section 1202. 
Sec. 3. 38 MRSA §1050, sub-§2, as enacted by PL 2013, c. 555, §6, is amended 
to read: 
2. Lien. There is a lien on real estate served or benefited by the sewers of the 
qualified sewer district to secure the payment of the qualified sewer district's rates. The 
lien established under this section arises and is perfected as services are provided and 
takes precedence over all other claims on such real estate, except claims for taxes. 
Sec. 4. 38 MRSA §1208, first ~, as enacted by PL 1965, c. 310, is amended to 
read: 
There shall be !§. a lien on real estate served or benefited by the sewers of any district 
formed under this chapter to secure the payment of rates established and due under 
section 1202 .. which shall take arises and is perfected as services are provided and takes 
precedence over all other claims on such real estate, excepting only claims for taxes.' 
Amend the bill in section 1 by striking out all of the last 2 lines (page 1, lines 36 and 
in L.D.) and inserting the following: 'estate, addressed to such record holder at the 
record holder's last and usual place of abode. If the notice described in this paragraph 
was not provided to all persons who were record owners of the real estate at that time, the 
treasurer shall mail a true copy of the lien certificate by certified mail, return receipt 
requested, to any such record owner who was not provided a notice, addressed to the 
record owner at the record owner's last mown address, as well as to any new record 
owner as of the date the lien certificate was recorded.' 
Amend the bill in section 2 in the 5th line from the end (page 2, line 10 in L.D.) by 
striking out the following: "who did not receive a notice" and inserting the following: 'as 
required by this section' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SU~Y 
This amendment adds a mandate preamble to the bill. It clarifies the date when sewer 
and municipal water system liens arise and are initially perfected, which is the date the 
service is provided. It also clarifies and expands upon a requirement in the bill that the 
treasurer of a sanitary district must mail a copy of a lien certificate to a record owner of 
real estate that did not receive a demand notice for the payment of an unpaid rate, toll, 
rent or other charge of the sanitary district. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: OS/21/15 
::Wac:.. 
LD 192 
LR 756(02) 
An Act To Clarify the Law Governing the Collection of Unpaid Sanitary District Charges 
Fiscal Note for Bill as Amended by Committee Amendment "ft{S- \ 2.\) 
Committee: Energy, Utilities and Technology 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Requires sanitary districts to provide to an owner of record not receiving a demand 
notice, a true copy of a sewer lien certificate and in some cases allow an additional 3 
months to pay before automatic foreclosure. 
Unit Affected 
Public Utility 
Local Cost 
Insignificant 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
LR0756(02) - Fiscal Note - Page 1 of 1