Maine Revised Statutes Title 20-A Sec. 1467 – Transfer of a municipality from one regional school unit to another
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1. Petition to commissioner. Two regional school unit boards may petition the commissioner by joint resolution to permit a municipality to transfer from one regional school unit to the other.
[PL 2009, c. 580, §10 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 1467
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1
- Regional school unit board: means the board of directors that is the governing body with statutory powers and duties of a regional school unit. See Maine Revised Statutes Title 20-A Sec. 1
- registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
2. Transfer agreement. The 2 regional school unit boards and the municipal officers of the municipality involved shall form a committee to prepare a transfer agreement within 60 days after being authorized by the commissioner to prepare the agreement. Extensions of time may be granted by the commissioner.
A. The committee shall consider the standards set forth in section 1466, subsection 4, paragraph A in preparing the agreement. [PL 2009, c. 580, §10 (NEW).]
B. The approval process for the agreement must follow the steps set forth in section 1466, subsections 4 to 17. [PL 2009, c. 580, §10 (NEW).]
C. The following article must appear on the ballot when the transfer of a municipality is considered under paragraph B.
“Article: Do you favor permitting the (name of municipality) to transfer from regional school unit (name of regional school unit) into regional school unit (name of regional school unit) as a participating municipality of that regional school unit subject to the terms and conditions of the agreement of transfer approved by the Commissioner of Education dated (insert date)?
Yes No”
A copy of the agreement must be posted with each warrant that directs the citizens to vote upon the question. [PL 2009, c. 580, §10 (NEW).]
D. The article must be approved by a majority of votes cast in both regional school units and by a majority of votes cast in the municipality to be transferred before the agreement may take effect. [PL 2009, c. 580, §10 (NEW).]
E. A complete certified record of the transaction involved in the transfer must be filed with the commissioner. The commissioner shall issue immediately a certificate of transfer to the secretaries of the regional school units by registered mail to be filed with the regional school unit boards involved and shall file a copy of the certificate of transfer in the office of the Secretary of State. [PL 2009, c. 580, §10 (NEW).]
[PL 2009, c. 580, §10 (NEW).]
3. Outstanding indebtedness. Whenever a municipality is detached from a regional school unit having outstanding indebtedness, the municipality remains as part of the regional school unit from which it was detached for the purposes of paying its proper portion of the indebtedness until the indebtedness is redeemed. The municipality is not part of the regional school unit from which it was detached for the purpose of any outstanding indebtedness incurred subsequent to the date of the certificate of transfer.
For purposes of this subsection, “outstanding indebtedness” means bonds or notes issued or assumed by the regional school unit board and lease-purchase agreements issued or assumed by the regional school unit, but does not include any indebtedness of the detaching municipality assumed by the regional school unit at the time of formation.
[PL 2009, c. 580, §10 (NEW).]
SECTION HISTORY
PL 2009, c. 580, §10 (NEW).