An Act Authorizing the Deorganization of Magalloway Plantation (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1568
Committee: State and Local Government
Sponsors: HEAD, DOW, KINNEY, REED, TUELL

Legislative Document
No. 1568
H.P. 1130
House of Representatives, April 16, 2019
An Act Authorizing the Deorganization of Magalloway Plantation
(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.
ROBERT B. HUNT
Clerk
Presented by Representative HEAD of Bethel.
Cosponsored by Senator DOW of Lincoln and
Representatives: KINNEY of Knox, REED of Carmel, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  Deorganization of Magalloway 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 Magalloway 
Plantation approve the deorganization procedure developed in accordance with Title 
30-A, section 7205, the question of Magalloway Plantation's deorganization is approved 
by the registered voters of Magalloway Plantation pursuant to section 8 of this Part and 
Magalloway Plantation has executed a withdrawal agreement with Regional School Unit 
No. 78, Magalloway Plantation in Oxford 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 Magalloway Plantation as a 
municipality or that were incurred by Magalloway Plantation as a member of Regional 
School Unit No. 78 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 Magalloway Township for 
the duration of the liabilities.  The State Tax Assessor shall assess taxes against the 
property owners in the deorganized Magalloway 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 Magalloway 
Plantation must be conducted in accordance with the approved deorganization procedure 
for the plantation dated October 23, 2018 that was developed in accordance with the 
Maine Revised Statutes, Title 30-A, section 7205 and approved by a majority of the 
plantation's voters as required in Title 30-A, section 7207, subsection 2.
Sec. A-4.  Unexpended school funds.  The treasurer of Magalloway 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 State Tax Assessor shall approve 
any written requests or invoices for payments and submit the approved documents to the 
fiscal administrator of the unorganized territory within the Office of the State Auditor to 
process through the Office of the State Controller.  Any unexpended school funds 
remaining with the Treasurer of State after all the obligations have been met must be 
deposited to the Unorganized Territory Education and Services Fund, as established in 
the Maine Revised Statutes, Title 36, chapter 115.
Sec. A-5.  Unexpended municipal funds and property.  The treasurer of 
Magalloway 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 State Tax Assessor shall approve any written requests or invoices for payments and 
shall submit the approved documents to the fiscal administrator of the unorganized 
territory within the Office of the State Auditor to process through the Office of the State 
Controller.  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 Oxford County as undedicated revenue for the unorganized territory 
fund of Oxford 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 Oxford 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 
Oxford 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 Magalloway 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 5 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 Magalloway Township must 
be provided educational services at schools located within Regional School Unit No. 78.  
Transportation services to and from the designated schools 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 Magalloway Township must be provided 
educational services at schools located within Regional School Unit No. 78.  
Transportation services to and from the designated schools must be provided under the 
direction of the Department of Education's division of state schools, education in the 
unorganized territory.
3.  Tuition to approved secondary schools other than those identified in subsection 2 
may be provided on behalf of resident pupils with the prior approval of the director of 
state schools within the Department of Education.  Tuition may not exceed limits set out 
in Title 20-A, section 3304.  The receiving school must be approved by the 
Commissioner of Education for the purpose of tuition.
4.  Special education services must be provided to 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.
5.  Career and technical education must be provided to eligible resident students 
pursuant to Title 20-A, section 3253-A.
The provision of educational services 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 Magalloway Plantation as of April 1, 2021 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 
plantation officers of Magalloway 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 Magalloway 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 plantation officers of Magalloway 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, 2021 if the 
legal voters of Magalloway 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 Magalloway 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 for 
the plantation dated October 23, 2018 that was developed in accordance with the Maine 
Revised Statutes, Title 30-A, section 7205 and approved by a majority of the plantation's 
voters as required under section 7207, subsection 2 to the Oxford County Administrator 
and register the approved deorganization procedure with the Oxford 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 Magalloway Plantation in Oxford County, 
subject to approval at local referendum and execution of a withdrawal agreement from 
Regional School Unit No. 78.