S.P. 181 - L.D. 541
An Act To Ensure Timely Responses to Requests for School Administrative District Reapportionments
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.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day period in order to take advantage of its provisions, which require the Commissioner of Education to make more timely determinations regarding the reapportionment of school administrative districts; 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. 20-A MRSA §1255, sub-§§1 and 3, as amended by PL 1987, c. 395, Pt. A, §54, are further amended to read:
1. Duties of commissioner. The commissioner shall determine if a district is apportioned in accordance with the principles of one
man person, one vote, if:
He The commissioner receives a request by the board of directors;
He The commissioner receives a petition signed by district voters equal to at least 10% of the voters who voted in the last gubernatorial election in the district; or
He The commissioner determines a district is not apportioned according to the principles of one man person, one vote.
The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or the petition.
3. Findings and order. If the commissioner finds the district's representation is not apportioned in accordance with the principle of one
man person, one vote, he the commissioner shall, within 7 days of that decision, notify the superintendent of the finding and shall order the superintendent to notify the municipal officers in each municipality in the district and the school board to create a reapportionment committee. The superintendent's notification shall must include the commissioner's notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which shall must be held not later than 20 days after the notification.
Sec. 2. 20-A MRSA §1255, sub-§6, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
6. Duties of commissioner. The commissioner shall provide the
committee superintendent with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the district and at least one recommended apportionment plan.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 30, 2003.
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