CHAPTER 48
H.P. 1413 - L.D. 1857
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Mt. Blue Standard Water District needs to amend its charter to allow any resident of the Town of Phillips and the Town of Avon to be a trustee of the district so that the district can meet construction requirements; 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. P&SL 1997, c. 31, §2 is amended by adding at the end a new paragraph to read:
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 5, the treasurer of the district may be a nontrustee hired by the board. The election or hiring of the treasurer must occur within one week after each annual election.
Sec. 2. P&SL 1997, c. 31, §3 is amended to read:
Sec. 3. Number of trustees. The board of trustees of the district is composed of 5 trustees, 4 from of whom must be residents of the Town of Phillips and one from of whom must be a resident of the Town of Avon. Each trustee must be at least 18 years of age, a resident of and must either reside in the district and reside in a household to which the district's service is provided or be a customer of the district. Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 7, the trustees and treasurer of the board of trustees receive compensation as recommended by the trustees and approved by a majority of the voters of the district voting at an annual meeting of the district, which may be the organizational meeting required under Title 35-A, section 6410, subsection 5. Compensation schedules in effect on January 1, 2002 remain in effect until changed.
Sec. 3. Retroactivity. That section of this Act that amends Private and Special Law 1997, chapter 31, section 2 applies retroactively to the effective date of Private and Special Law 1997, chapter 31.
Sec. 4. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the district at a special or regular town meeting or election held in the Town of Phillips and the Town of Avon prior to January 1, 2003. The election must be called, advertised and conducted by the respective towns according to the law relating to municipal elections. The registrars shall make a complete list of all the eligible voters. The list prepared by the registrars governs the eligibility of a voter. For the purpose of registration of voters, the registrars of voters must be in session on the secular day next preceding the election. The town clerks shall prepare the required ballots, on which the town clerks shall reduce the subject matter of this Act to the following question:
"Do you favor amending the charter of the Mt. Blue Standard Water District to accomplish the following:
1. Remove the requirement that the treasurer of the district be a trustee of the district;
2. Allow a person who is not a resident of the district but who is a customer of the district to serve as trustee of the district; and
3. Require the salary of the treasurer and of the trustees to be subject to approval by the voters in the district voting at a district meeting?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Avon and the Town of Phillips and due certificate of the results filed by the town clerks with the Secretary of State.
This Act takes effect immediately upon its acceptance by a majority of the legal voters in the district voting at the election. Failure to achieve the necessary approval in any referendum does not prohibit subsequent referenda consistent with this section as long as the referenda are held by January 1, 2003.
Effective pending referendum.
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