An Act Authorizing the Deorganization of Codyville Plantation
Maine Legislature, Session 128, LD 1673
Committee: State and Local Government
Sponsors: TURNER

Legislative Document
No. 1673
H.P. 1160
House of Representatives, December 15, 2017
An Act Authorizing the Deorganization of Codyville Plantation
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 13, 2017.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TURNER of Burlington.
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  Deorganization of Codyville Plantation.  Notwithstanding any 
contrary requirement of the Maine Revised Statutes, Title 30-A, chapter 302, if in 
accordance with Title 30-A, section 7207 a majority of the voters in Codyville Plantation 
approve the deorganization procedure developed in accordance with Title 30-A, section 
7205 and if the question of Codyville Plantation's deorganization is approved by the 
registered voters of Codyville Plantation pursuant to section 8 of this Part, Codyville 
Plantation in Washington County is deorganized, except that the corporate existence, 
powers, duties and liabilities of the plantation survive for the purposes of prosecuting and 
defending all pending suits to which the plantation is, or may be, a party and all needful 
process arising out of any suits, including provisions for the payment of all or any 
judgments or debts that may be rendered against the plantation or exist in favor of any 
creditor. 
Sec. A-2.  Financial obligations and other liabilities.  Any financial 
obligations or other liabilities that were incurred by Codyville Plantation as a 
municipality or that were incurred by Codyville Plantation as a member of a regional 
school unit, school district or school union are hereby excepted and reserved in 
accordance with the Maine Revised Statutes, Title 30-A, section 7303 and remain 
liabilities for the inhabitants of lawful age residing in the territory included in the 
deorganized Codyville Township for the duration of the liabilities.  The State Tax 
Assessor shall assess taxes against the property owners in the deorganized Codyville 
Township to provide funds to satisfy any municipal or educational obligations or other 
liabilities.  These financial obligations or other liabilities are not the responsibility of 
either the Department of Education or the taxpayers in the Unorganized Territory Tax 
District as described in Title 36, chapter 115. 
Sec. A-3.  Deorganization procedure.  The deorganization of Codyville 
Plantation must be conducted in accordance with the approved deorganization procedure 
developed in accordance with the Maine Revised Statutes, Title 30-A, section 7205. 
Sec. A-4.  Unexpended school funds.  The treasurer of Codyville Plantation or 
any other person who has custody of the funds of the plantation shall pay the Treasurer of 
State all unexpended school funds that, together with the credits due the plantation for 
school purposes, are to be used by the State Tax Assessor to settle any school obligations 
incurred by the plantation before deorganization.  The unexpended funds must be 
deposited by the Treasurer of State into a private trust fund under the control of the State 
Tax Assessor.  The State Tax Assessor shall approve any written requests or invoices for 
payments and provide copies of the approved documents to the fiscal administrator of the 
unorganized territory within the Office of the State Auditor.  Any unexpended school 
funds remaining with the Treasurer of State after all the obligations have been met must 
be deposited in the Unorganized Territory Education and Services Fund, as provided in 
the Maine Revised Statutes, Title 36, chapter 115. 
Sec. A-5.  Unexpended municipal funds and property.  The treasurer of 
Codyville Plantation or any other person who has custody of the funds of the plantation 
shall pay the Treasurer of State all unexpended funds of the plantation that, together with 
the credits due the plantation for its purposes, are to be used by the State Tax Assessor to 
settle any obligations of the plantation incurred by the plantation before deorganization.  
The unexpended funds must be deposited by the Treasurer of State into a private trust 
fund under the control of the State Tax Assessor.  The State Tax Assessor shall approve 
any written requests or invoices for payments and shall provide copies of the approved 
documents to the fiscal administrator of the unorganized territory within the Office of the 
State Auditor.  Pursuant to the Maine Revised Statutes, Title 30-A, section 7304, at the 
end of the 5-year period during which the powers, duties and obligations relating to the 
affairs of the plantation are vested in the State Tax Assessor or when in the judgment of 
the State Tax Assessor final payment of all known obligations against the plantation has 
been made, any funds that have not been expended must be deposited with the county 
commissioners of Washington County as undedicated revenue for the unorganized 
territory fund of Washington County. 
Any property of the plantation that has not been sold must be held by the State in 
trust for the unorganized territory or transferred to Washington County to be held in trust 
for the unorganized territory.  Income from the use or sale of that property held by the 
State must be credited to or deposited in the Unorganized Territory Education and 
Services Fund under Title 36, chapter 115.  Income from the use or sale of that property 
held by Washington County must be credited to the unorganized territory fund of the 
county pursuant to Title 36, section 1604, subsection 4. 
Sec. A-6.  Provision of education services.  Notwithstanding any other law, 
education in the unorganized territory of Codyville Township must be provided under the 
direction of the Commissioner of Education as described in the Maine Revised Statutes, 
Title 20-A, chapter 119 and must meet the general standards for elementary and 
secondary schooling and special education established pursuant to Title 20-A.  The 
provisions of subsections 1 to 3 must be implemented at the time of deorganization. 
1.  Students in prekindergarten and kindergarten to grade 5 whose parents or legal 
guardians are legal residents of the unorganized territory of Codyville Township must be 
provided educational services at a nearby school facility.  Transportation services to and 
from the designated school must be provided under the direction of the Department of 
Education's division of state schools, education in the unorganized territory. 
2.  Students in grade 6 to grade 12 whose parents or legal guardians are legal 
residents of the unorganized territory of Codyville Plantation must be provided 
educational services at a nearby school facility.  Transportation services to and from the 
designated school facility must be provided under the direction of the Department of 
Education's division of state schools, education in the unorganized territory. 
3.  Special education services must be provided to identify eligible resident students 
as required by federal and state laws, rules and regulations.  Special education services 
are administered by the director of special education for the division of state schools, 
education in the unorganized territory within the Department of Education. 
Tuition to schools other than those that are identified in subsection 2 may be provided 
on behalf of resident students with the prior approval of the director of state schools, 
education in the unorganized territory within the Department of Education.  Tuition may 
not exceed limits set out in the Maine Revised Statutes, Title 20-A, section 3304, and 
transportation is the responsibility of the parents or legal guardians.  The receiving school 
must be approved by the Commissioner of Education for the purpose of tuition. 
The provision of educational services under this section is subject to future 
modification in response to changes in educational conditions. 
Sec. A-7.  Assessment of taxes.  The State Tax Assessor shall assess the real and 
personal property taxes in Codyville Plantation as of April 1, 2019 as provided in the 
Maine Revised Statutes, Title 36, section 1602. 
Sec. A-8.  Referendum; certificate to Secretary of State.  This Part takes 
effect 90 days after its approval only for the purpose of permitting its submission by the 
municipal officers of Codyville Plantation to the legal voters of the plantation by ballot at 
the next general election to be held in November.  This election must be called, 
advertised and conducted according to the Maine Revised Statutes, Title 30-A, sections 
2528 and 2532.  The plantation clerk shall prepare the required ballots on which the clerk 
shall reduce the subject matter of this Part to the following question: 
"Shall Codyville Plantation be deorganized?" 
The voters shall indicate their opinion on this question by a cross or check mark 
placed against the word "Yes" or "No."  Before becoming effective, this Part must be 
approved by at least 2/3 of the legal voters casting ballots at the general election, and the 
total number of votes cast for and against the acceptance of this Part at the election must 
equal or exceed 50% of the total number of votes cast in the plantation for Governor at 
the last gubernatorial election. 
The municipal officers of Codyville Plantation shall declare the result of the vote.  
The plantation clerk shall file a certificate of the election result with the Secretary of State 
within 10 days after the date of the election. 
Sec. A-9.  Effective date.  Sections 1 to 7 of this Part take effect July 1, 2019 if the 
legal voters of Codyville Plantation approve the referendum under section 8 of this Part. 
PART B 
Sec. B-1.  Register and transmit copy of approved deorganization 
procedure.  Before the effective date of the deorganization of Codyville Plantation 
pursuant to Part A, the fiscal administrator of the unorganized territory within the Office 
of the State Auditor shall transmit a copy of the approved deorganization procedure 
developed in accordance with the Maine Revised Statutes, Title 30-A, section 7205 to the 
Washington County Administrator and register the approved deorganization procedure 
with the Washington County Registry of Deeds. 
Sec. B-2.  Effective date.  This Part takes effect upon approval of the referendum 
under Part A, section 8. 
SUMMARY 
This bill provides for the deorganization of Codyville Plantation in Washington 
County, subject to approval at local referendum.