An Act To Amend the Laws Relating to Secession by a Municipality from a County
Maine Legislature, Session 126, LD 1408
Committee: State and Local Government
Sponsors: KNIGHT, LACHOWICZ, CHENETTE, COTTA, GRAHAM, HAYES, NADEAU, PEASE, MASON
Amends: 30-A MRSA §2174-A, 30-A MRSA §2175, 30-A MRSA §2176, 30-A MRSA §2177

Legislative Document 
No. 1408 
H.P. 1004 
House of Representatives, April 12, 2013 
An Act To Amend the Laws Relating to Secession by a Municipality 
from a County 
(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 KNIGHT of Livermore Falls. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representatives: CHENETTE of Saco, COTTA of China, GRAHAM of North Yarmouth, 
HAYES of Buckfield, MacDONALD of Old Orchard Beach, NADEAU of Fort Kent, PEASE 
of Morrill, Senator: MASON of Androscoggin. 
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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §2174-A is enacted to read: 
§2174-A.  Legislative approval of secession 
In order to secede, a municipality must receive approval from the Legislature for the 
proposed secession. 
Sec. 2.  30-A MRSA §2175, sub-§1, as enacted by PL 2007, c. 401, §1, is 
amended to read: 
1.  Petition.  Upon approval of the Legislature and receipt of a petition that seeks to 
have a municipality secede from one county and join another county signed by 10% of 
the number of voters in the municipality who voted at the last gubernatorial election, the 
municipal officers shall call, advertise and hold a public hearing at least 14 days and no 
more than 60 days after certifying the petition.  The municipal officers shall publish 
notice of the public hearing in a newspaper of general circulation in the area.  One notice 
must be published as close as possible to the 14th day before the hearing and a 2nd notice 
must be published as close as possible to the 7th day before the hearing. 
A.  The purpose of the public hearing under this section is to allow municipal 
residents and officers to discuss secession. The public hearing must include a formal 
presentation by those initiating the petition that must include a description of the 
problems that have led to the secession effort. Attendees shall discuss the problems, 
potential solutions other than secession and the potential impact of secession on the 
municipality and the county from which the municipality is seceding. The persons 
initiating the petition shall submit a written report at the public hearing that describes 
the impact of the proposed secession on property taxes in the county from which the 
municipality is seceding as well as in the municipality. 
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: 
"Be it resolved that the voters of X (municipality) seek approval of the County of X 
and the County of Y to secede from the County of X and join the County of Y.  Do 
you support X (municipality) seceding from the County of X and joining the County 
of Y and the municipality continuing to pay debt service owed to the County of X? 
Yes    No" 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the procedure that a municipality must follow to secede from a 
county.  Current law requires that, upon the receipt of a petition to secede signed by 10% 
of the number of voters in the municipality who voted at the last gubernatorial election, 
the municipal officers shall hold a public hearing and, if the voters approve, the 
municipality must seek approval from the Legislature to secede.  This bill requires that 
the municipality receive the approval from the Legislature before the municipal officers 
hold a referendum to have the voters approve the secession.