An Act To Amend the Laws Relating to Secession by a Municipality from a County
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, a municipality must hold a referendum on the question of whether the citizens of the municipality wish to secede from one county and join another county before the municipality may file legislation with the Legislature; and
Whereas, it is an expense for a municipality to hold a referendum; and
Whereas, if the Legislature fails to pass legislation allowing the secession of a municipality, the municipality has incurred an undue expense; and
Whereas, if a municipality is allowed to file legislation and then hold a referendum after the results of the legislation have been determined, the expense of the referendum would be warranted; and
Whereas, Legislative Document 27, An Act To Enable the Town of Livermore Falls To Withdraw from Androscoggin County and Join Franklin County, is now before the Legislature and the procedure for secession was not followed; and
Whereas, it is imperative to have this legislation take effect immediately so that Legislative Document 27 can proceed; 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,
Sec. 1. 30-A MRSA §2174-A is enacted to read:
§ 2174-A. Legislative approval of secession
In order to secede, a municipality must receive approval from the Legislature for the proposed secession.
Sec. 2. 30-A MRSA §2175, sub-§1, as enacted by PL 2007, c. 401, §1, is amended to read:
Sec. 3. 30-A MRSA §2176, as enacted by PL 2007, c. 401, §1, is repealed.
Sec. 4. 30-A MRSA §2177, as enacted by PL 2007, c. 401, §1, is amended to read:
§ 2177. County approval of secession
Upon approval of the Legislature by the voters to secede, both the county from which the municipality is seceding and the county that the municipality is joining under this subchapter shall hold a referendum vote during the next scheduled regular election. Both counties must agree by a majority vote in favor of secession. The question to be voted on must be in substantially the following form:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill amends the procedure that a municipality must follow to secede from a county. Current law requires that, upon the receipt of a petition to secede signed by 10% of the number of voters in the municipality who voted at the last gubernatorial election, the municipal officers shall hold a public hearing and, if the voters approve, the municipality must seek approval from the Legislature to secede. This bill requires that the municipality receive the approval from the Legislature before the municipal officers hold a referendum to have the voters approve the secession.