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 a vote on secession

In order to secede, a municipality must receive approval from the Legislature for the municipality to hold a vote on 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Sec. 3. 30-A MRSA §2176,  as enacted by PL 2007, c. 401, §1, is repealed.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.