An Act To Amend the Laws Governing Secession from a Municipality
Maine Legislature, Session 126, LD 1561
Committee: State and Local Government
Sponsors: THERIAULT, JACKSON, AYOTTE, CASAVANT, GRAHAM, HARVELL, MAKER, NADEAU, WILLETTE, LACHOWICZ
Amends: 30-A MRSA §2171-C, 30-A MRSA §2171-D

Legislative Document 
No. 1561 
H.P. 1131 
House of Representatives, June 10, 2013 
An Act To Amend the Laws Governing Secession from a 
Municipality 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative THERIAULT of Madawaska. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: AYOTTE of Caswell, CASAVANT of Biddeford, GRAHAM of North 
Yarmouth, HARVELL of Farmington, MAKER of Calais, NADEAU of Winslow, WILLETTE 
of Mapleton, Senator: LACHOWICZ of Kennebec. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the law regarding the municipal secession process is unclear as it pertains 
to residents attempting to secede from a municipality; and 
Whereas, without the changes effected by this legislation, a municipality could be 
required to undertake the secession process, including mediation, at great cost to the 
municipality; 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.  30-A MRSA §2171-C-1 is enacted to read: 
§2171-C-1.  Legislative authorization to proceed 
Within one year following the public hearing held pursuant to section 2171-C, a 
representative from the secession territory shall cause legislation to be submitted to the 
Legislature to obtain the authorization of the Legislature to proceed with the secession 
process.  Unless authorization to proceed is received from the Legislature, the question of 
secession may not proceed to the advisory referendum held pursuant to section 2171-D.   
The authorization of the Legislature to proceed with the secession process does not affect 
the ultimate determination of the Legislature on the proposal for secession submitted 
pursuant to section 2171-E or 2171-G. 
Sec. 2.  30-A MRSA §2171-D, first ¶, as enacted by PL 1999, c. 381, §2, is 
amended to read: 
Unless a majority of the secession territory representatives withdraws support for 
secession by filing written notice of such withdrawal with the municipal officers, the 
municipality shall conduct an advisory referendum within the secession territory as long 
as the Legislature has authorized the secession process to proceed pursuant to section 
2171-C-1.  The referendum must be held at least 30 days but not more than 120 days after 
the initial public hearing the next regularly scheduled election and must be conducted 
pursuant to Title 21-A, chapter 9, subchapter I, article II and subchapter II sections 2528, 
2529 and 2532, even if the town or plantation has not accepted the provisions of section 
2528.  The question at the referendum must be: 
"Do you favor secession of the territory described below from the municipality of     
?" 
(description of seccession secession territory) 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the municipal secession law by requiring that residents seeking to 
secede from a municipality obtain permission from the Legislature to proceed.  
Authorization must be received before conducting the referendum, engaging in the 
conflict resolution process and submitting final implementation legislation.