An Act To Revise the Municipal Consolidation Referendum Process (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1840
Committee: State and Local Government
Sponsors: BRAKEY, ESPLING, BICKFORD, GOLDEN
Amends: 30-A MRSA §2152, 30-A MRSA §2155

Legislative Document
No. 1840
S.P. 692
In Senate, February 15, 2018
An Act To Revise the Municipal Consolidation Referendum Process
(AFTER DEADLINE)
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.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Representative ESPLING of New Gloucester and
Representatives: BICKFORD of Auburn, GOLDEN of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §2152, sub-§1-A is enacted to read:
1-A.  Referendum on forming joint charter commission.  If a petition is filed 
pursuant to subsection 1, the municipal officers shall call and conduct a referendum to 
determine the willingness of the voters of the municipality to form a joint charter 
commission with the municipality or municipalities named in the petition.  
The 
referendum must be held at the next scheduled regular election.  The question to be voted 
on at the referendum must be in substantially the following form:  "Do you favor forming 
a joint charter commission to draft a consolidation agreement for the purpose of 
consolidating with ..................................................... (municipality or municipalities 
named in the petition)?"
Sec. 2.  30-A MRSA §2152, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read:
2.  Joint charter commission.  If a petition is filed as required under subsection 1 
and a majority of those casting ballots pursuant to subsection 1-A approve the referendum 
question in each municipality, the 3 members of a joint charter commission shall must be 
elected at the next special or regular election in the manner provided for the election of 
municipal officers.  The election of members by 2 or more municipalities authorizes the 
commission to draft the consolidation agreement.  If a municipality does not elect 
members, it may not participate in the consolidation.
Sec. 3.  30-A MRSA §2155, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read:
§2155.  Limitation
If the voters of a municipality reject a consolidation agreement, that municipality may 
not be a party to any consolidation agreement for 3 10 years after the date of the rejection, 
except when 30% of the qualified voters have requested an agreement by signing a 
petition under section 2152, subsection 1 or when a majority of the municipal officers in 
each municipality proposed for consolidation in the rejected consolidation agreement vote 
to form a joint charter commission to draft a consolidation agreement.
SUMMARY
This bill provides that if a municipality receives a petition proposing to form a joint 
charter commission for the purpose of consolidating with one or more municipalities, the 
municipal officers must hold a referendum to determine the willingness of the voters of 
the municipality to form a joint charter commission.  If the referendum question is 
approved by a majority of voters in each municipality, a joint charter commission must be 
formed.  It also provides that a municipality may not be a party to a consolidation 
agreement for 10 years, instead of 3 years as in current law, after the date a consolidation 
agreement is rejected.  It also adds an exception to that 10-year period for when a 
majority of the municipal officers in each municipality subject to the rejected 
consolidation agreement vote to form a joint charter commission.