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An Act To Eliminate Penalties for Nonconforming School Administrative Units
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  current law provides that, beginning July 1, 2009, penalties are imposed on school administrative units that are not conforming units under the laws governing school administrative unit reorganization; and
Whereas,  this legislation delays until July 1, 2011 the date on which the penalties commence; 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. 20-A MRSA §1465, sub-§3,  as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
 
3. Referendum for a school administrative unit to join an existing regional school unit.   The municipal officers of each municipality in a proposed reorganized school administrative unit shall place a warrant article substantially as follows on the ballot of a municipal referendum in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member.
 
The following statement must accompany the article:
"Explanation:
A "YES" vote means that you approve of the (municipality or school administrative unit) joining the proposed regional school unit. The financial penalties under the Maine Revised Statutes, Title 20-A, section 15696 to the existing school administrative unit will no longer apply to the proposed regional school unit."
Sec. 2. 20-A MRSA §1465, sub-§4,  as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
 
4. Referendum on the admission of an additional school administrative unit to an existing regional school unit.   If the vote to join a regional school unit under subsection 3 was in the affirmative, the existing regional school unit shall call a regional school unit referendum to vote on the following article.
 
The following statement must accompany the article:
"Explanation:
A "YES" vote means that you approve of the (municipality or school administrative unit) joining the proposed regional school unit. The financial penalties under the Maine Revised Statutes, Title 20-A, section 15696 to the existing school administrative unit will no longer apply to the proposed regional school unit."
Sec. 3. 20-A MRSA §15696,  as amended by PL 2007, c. 668, §§39 to 41 and c. 695, Pt. A, §23, is repealed.
Sec. 4. PL 2007, c. 240, Pt. XXXX, §36, sub-§11,  as amended by PL 2007, c. 668, §47, is further amended to read:
11. Result of disapproval at January 2008 referendum. A school administrative unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
A. Subsequent reorganization plans must meet the same requirements as for reorganization plans filed prior to the January 2008 referendum, except that the timelines are adjusted to reflect a July 1, 2009 reorganization date.
B. The penalties set forth in Title 20-A, section 15696 apply to any school administrative unit that fails to approve a reorganization plan on or before January 30, 2009 and to implement that plan by July 1, 2009.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill amends the laws governing school administrative unit reorganization to eliminate the penalties set forth for nonconforming school administrative units.