An Act Authorizing the Deorganization of the Town of Bancroft

PART A

Sec. A-1. 20-A MRSA §8451, sub-§2, ¶B,  as repealed and replaced by PL 2011, c. 679, §17, is amended to read:

Sec. A-2. Effective date. This Part takes effect July 1, 2015 if the deorganization of the Town of Bancroft is approved pursuant to Part B, section 5.

PART B

Sec. B-1. Deorganization of Town of Bancroft. Notwithstanding any contrary requirement of the Maine Revised Statutes, Title 30-A, chapter 302, if in accordance with Title 30-A, section 7207 a majority of the voters in the Town of Bancroft approve the deorganization procedure developed in accordance with Title 30-A, section 7205 and if the deorganization is approved by the voters of the Town of Bancroft pursuant to section 5 of this Part, the Town of Bancroft in Aroostook County is deorganized, except that the corporate existence, powers, duties and liabilities of the town survive for the purposes of prosecuting and defending all pending suits to which the town is, or may be, a party and all needful process arising out of any suits, including provisions for the payment of all or any judgments or debts that may be rendered against the town or exist in favor of any creditor.

Sec. B-2. Unexpended school funds. The treasurer of the town or any other person who has custody of the funds of the town shall pay the Treasurer of State all unexpended school funds that, together with the credits due the town for school purposes, are to be used by the State Tax Assessor to settle any school obligations contracted by the town before deorganization. Any unexpended school funds remaining with the Treasurer of State after all the obligations have been met must be added to the Unorganized Territory Education and Services Fund, as established in the Maine Revised Statutes, Title 36, chapter 115.

Sec. B-3. Provision of education services. Notwithstanding any other law, this section entitles all prekindergarten to grade 5 pupils in the Town of Bancroft to attend school in Kingman Township, all grade 6 to grade 8 pupils to attend a school within Maine School Administrative District 30, all grade 9 to grade 12 pupils to attend Lee Academy and all pupils requiring special education services to obtain special education services under the direction of the Director of Special Education for the Division of State Schools - Education in Unorganized Territory. Pupils must be provided transportation at state expense to those schools. Prior approval by the Director of State Schools - Education in Unorganized Territory and the approval of tuition by the Commissioner of Education are required for a pupil to attend a school other than one listed in this section. Tuition may not exceed statutory limits. Transportation of a student who attends another school is the responsibility of the parent or legal guardian. The provisions in this section are subject to modification in response to educational conditions.

Sec. B-4. Assessment of taxes. The State Tax Assessor shall assess the real and personal property taxes in the Town of Bancroft as of April 1, 2015, as provided in the Maine Revised Statutes, Title 36, chapter 115.

Sec. B-5. Referendum; certificate to Secretary of State. This Part takes effect 90 days after its approval only for the purpose of permitting its submission by the municipal officers to the legal voters of the Town of Bancroft by ballot at the next statewide election to be held in November. This election must be called, advertised and conducted according to the Maine Revised Statutes, Title 30-A, sections 2528 and 2532. The town clerk shall prepare the required ballots on which the clerk shall reduce the subject matter of this Part to the following question:

"Shall the Town of Bancroft be deorganized?"

The voters shall indicate their opinion on this question by a cross or check mark placed against the word "Yes" or "No." Before becoming effective, this Part must be approved by at least 2/3 of the legal voters voting at the election, and the total number of votes cast for and against the acceptance of this Part at the election must equal or exceed 50% of the total number of votes cast in the town for Governor at the last gubernatorial election.

The municipal officers of the Town of Bancroft shall declare the result of the vote. The town clerk shall file a certificate of the election result with the Secretary of State within 10 days from the date of the election.

Sec. B-6. Effective date. Sections 1 to 4 of this Part take effect on July 1, 2015 if deorganization is approved by the voters of the Town of Bancroft pursuant to section 5 of this Part.

summary

This bill provides for the deorganization of the Town of Bancroft in Aroostook County, subject to approval at local referendum, including the removal of the Town of Bancroft from Region 2 career and technical education region in statute.