CHAPTER 297
S.P. 421 - L.D. 1290
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §7202, first ¶, as enacted by PL 1989, c. 216, §2, is amended to read:
The voters of any municipality may petition for consideration of deorganization of the municipality by following the petition procedure of section 2528, subsection 5. On the written petition of a number of voters equal to at least 10% 50% of the number of votes cast in the municipality at the last gubernatorial election, but in no case less than 10, requesting a municipal meeting for the purpose of discussing and determining whether the municipality should deorganize, the municipal officers shall call and hold a special meeting in the manner provided for the calling and holding of town meetings or city elections to discuss deorganization of the municipality and to decide whether to develop a deorganization procedure.
Sec. 2. 30-A MRSA §7205, sub-§3, as enacted by PL 1989, c. 216, §2, is amended to read:
3. Distribution of financial liabilities and assets. The deorganization procedure shall must provide for the distribution of all financial and other intangible liabilities and assets of the municipality, including liabilities and assets held by the municipality in any other political subdivision that are affected by the deorganization. These assets and liabilities include, but are not limited to, outstanding bonds, notes and any other contractual obligations that extend beyond the proposed date of deorganization. The service of all bonded indebtedness or other debt backed by a pledge of the full faith and credit duly authorized by the legal voters of the deorganizing municipality prior to deorganization remains the responsibility of the residents of the municipality and may not be transferred in whole or in part to the residents of a geographic area outside the boundaries of the deorganizing municipality unless that debt is properly reissued.
A. The commission is responsible for determining these assets and liabilities and incorporating these provisions in the deorganization procedure.
B. Distribution of these assets and liabilities shall must be in accordance with chapter 303.
Sec. 3. 30-A MRSA §7205, sub-§7 is enacted to read:
7. Fiscal impact assessment. The municipality seeking to deorganize shall prepare a report that identifies and analyzes the service and tax burden effects on the deorganizing municipality, surrounding municipalities and the unorganized territory that is associated with the deorganization. The report must include:
A. The principal reason or reasons the inhabitants of the municipality are considering deorganization;
B. An assessment of the government services being provided to the residents of the deorganizing municipality, including education, water and sewer service, fire protection, police protection, street improvements and maintenance, administrative services and recreational facilities and the effect deorganization will have on the provision of those services to the residents of the deorganizing municipality;
C. An inventory of the municipally owned assets and a complete accounting of the municipality's debt and the financial plan for retiring that debt;
D. The fiscal and service delivery effects of deorganization on surrounding municipalities, special districts, the county and the communities within the county, including the unorganized territory; and
E. Any alternatives to deorganization that have been considered to address the cause of the deorganization effort.
Sec. 4. 30-A MRSA §7207, first ¶, as enacted by PL 1989, c. 216, §2, is amended to read:
The local committee may incorporate the comments and suggestions received from the commission into the deorganization procedure. The local committee shall immediately notify the municipal officers and the county commissioners of the county where the municipality considering deorganization is located when the deorganization procedure has been completed.
Sec. 5. 30-A MRSA §7207, sub-§2-A is enacted to read:
2-A. Advisory referendum in unorganized territory. After receiving notice from the local committee that the deorganization procedure is complete, the county commissioners may hold an advisory referendum on the deorganization in the unorganized territory in the county according to the procedures provided in this subsection. The county commissioners may not hold an advisory referendum until a system for identifying voters in the unorganized territory is established. Any advisory referendum must be held within 60 days of the receipt of notice from the municipality that the deorganization process is complete.
The method of voting must be by secret ballot in the manner prescribed for state elections. The county commissioners shall notify the residents of the unorganized territory of the date on which the referendum will be held. The county clerk shall prepare the ballots on which the following question must appear:
"Do you support the deorganization of (name of municipality)?"
The legal voters of the unorganized territory shall vote by ballot on this question and shall designate their choice by a cross or check mark placed within a corresponding square below the words "Yes" or "No." The ballots must be received, sorted and counted by the county clerk, and the county commissioners shall declare the results of the vote. The county clerk shall file a certificate of the advisory referendum results with the Secretary of State within 10 days of the advisory referendum. The clerk shall forward the results of the advisory referendum to the commission and to the executive director, who shall forward the results of the vote to the joint standing committee of the Legislature having jurisdiction over local government matters.
Sec. 6. 30-A MRSA §7209, sub-§4 is enacted to read:
4. Limitation. If the voters of a municipality reject deorganization in an advisory referendum held pursuant to this section, the municipality may not submit a deorganization plan to the Legislature for a period of 3 years from the date of that advisory referendum.
Effective September 13, 2003, unless otherwise indicated.
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