An Act To Eliminate Penalties for Nonconforming School Administrative Units
Maine Legislature, Session 124, LD 0095
Committee: Education and Cultural Affairs
Sponsors: EDGECOMB, JOHNSON, CLARK
Amends: 20-A MRSA §1465, 20-A MRSA §15696

Legislative Document 
No. 95 
H.P.79 
House of Representatives, January 12, 2009 
An Act To Eliminate Penalties for Nonconforming School 
Administrative Units 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
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Presented by Representative EDGECOMB of Caribou. 
Cosponsored by Representative JOHNSON of Greenville and 
Representative: CLARK of Easton. 
PnntL'l! \10 rCL'vL'h:J papr.:r 
MILUCENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjourmnent unless enacted as emergencies; and 
Whereas, current law provides that, beginning July 1, 2009, penalties are imposed 
on school administrative units that are not conforming units under the laws governing 
school administrative unit reorganization; and 
Whereas,this legislation delays until July 1, 201lthedate on which tile penalties 
commence; 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 §1465, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
3. Referendum for a school administrative unit to join an existing regional 
school unit. The municipal officers of each municipality in a proposed reorganized 
school administrative unit shall place a warrant m1icle substantially as follows on the 
ballot of a municipal referendum in accordance with the referendum procedures 
applicable to the school administrative unit of which the municipality is a member. 
"Article: Do you favor approving the school reorganization plan prepared by the 
(insert name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school unit 
(name of regional school unit), with an effective date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school 
administrative unit) joining the proposed regional school unit. 
The financial 
penalties under the Maine Revised Statutes, Title 20 A, section 15696 to the 
3'0 
,'e*isting!school' administrative unit will no longer apply to the proposed regional 
'3 1 
school unit." 
Sec. 2. 20-A MRS A §1465, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
' 
4. Referendum on the admission of an additional school administrative unit to 
an existing regional school unit. 
If the vote to join a regional school unit under 
subsection 3 was in the affirmative, the existing regional school unit shall call a regional 
school unit referendum to vote on the following article. 
Page I - 124LROOS4(OI)-1 
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"Aliicle: Do you favor approving the school reorganization plan prepared by the 
(inseli name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school unit 
(name of regional school unit), with an effective date of (inseli date)? 
Yes No" 
The following statement must accompany the aliicle: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school 
administrative unit) joining the proposed regional school unit. 
The financial 
penalties under the Maine Revised Statutes, Title 20 A, section 15696 to the 
eKisting school administrative unit '.viii no longer apply to the proposed regional 
school uniL" 
Sec. 3. 20-A MRSA §15696, as amended by PL 2007, c. 668, §§39 to 41 and c. 
695, Pt. A, §23, is repealed. 
Sec. 4. PL 2007, c. 240, Pt. XXXX, §36, sub-§l1, as amended by PL 2007, c. 
668, §47, is further amended to read: 
11. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a 
subsequent referendum on or before January 30, 2009 may restart the process to form a 
regional school unit with the same or other school administrative units and may seek 
assistance from the Department of Education to prepare another reorganization plan. 
A. 
Subsequent reorganization plans must meet the same requirements as for 
reorganization plans filed prior to the January 2008 referendum, except that the 
timelines are adjusted to reflect a July 1,2009 reorganization date. 
B. 
The penalties set forth in Title 20 A, section 15696 apply to any school 
administrative unit that fails to approve a reorganization plan on or before January 
.. 2009 and to imDlement that Dian by July 1. 2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the laws governing school administrative unit reorganization to 
eliminate the penalties set forth for nonconforming school administrative units.