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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1786H.P. 1149House of Representatives, April 25, 2023
An Act to Repeal and Replace the Charter of the Boothbay-
Boothbay Harbor Community School District
Reference to the Committee on Education and Cultural Affairs suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay. Page 1 - 131LR0284(01)
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3 and the following enacted in its place:
4 The
5 Community School District, referred to in this Act as "the community school district," is a
6 community school district organized pursuant to the Maine Revised Statutes, Title 20-A,
7 chapter 105 and this Act to provide public education in grades prekindergarten or
8 kindergarten to grade 12 for the Town of Boothbay and the Town of Boothbay Harbor.
9 The community school district is governed by Title 20-A, chapter 105 except as provided
10 by this Act.
11 The district school committee members and the
12 trustees of the community school district serving as of the effective date of this Act shall
13 continue in their offices for their respective remaining terms.
14 Except as provided by
15 this Act, the board of trustees and district school committee have the duties and authority
16 pursuant to the Maine Revised Statutes, Title 20-A, chapter 105. The board of trustees may
17 act as a building and facilities governing committee, including authority in consultation
18 with the district school committee over the budget for maintaining, repairing, replacing and
19 improving the community school district's buildings and other facilities and over the
20 district's capital reserve funds. The community school district may vote in accordance with
21 Title 20-A, section 1651, subsection 4 to have the district school committee perform the
22 duties of the board of trustees.
23 The community school district shall apportion
24 amounts to each member municipality for the total sum of the annual capital budget, less
25 funds available from other sources to meet the same, and for the total sum of the annual
26 operating budget, less funds available to meet the same, based upon the number of resident
27 pupils in each municipality on the most recent June 1st before the fiscal year prior to the
28 fiscal year of the budget; except that no more than 60% and no less than 40% of such net
29 sum for the annual capital budget may be so apportioned to any town in any year. For the
30 purpose of local cost sharing under the Maine Revised Statutes, Title 20-A, section 15688,
31 subsection 4, the district's cost-sharing formula was established by this Act prior to January
32 1, 2004, and this formula determines each municipality's local cost of education for
33 purposes of Title 20-A, section 15688. The community school district shall assess and
34 collect school taxes from each member municipality as provided by state law. The
35 community school district shall follow the procedure under state law for amendment of
36 cost-sharing, except that the district school committee shall submit any cost-sharing
37 amendment to voters at a referendum and may determine the amendment to be approved
38 only if each municipality adopts the amendment by a majority of its voters voting and if
39 the total vote cast in each municipality is at least 20% of the number of votes cast in the
40 last gubernatorial election.
41 Except as provided by this
42 Act, the board of trustees has the authority to borrow pursuant to the Maine Revised
43 Statutes, Title 20-A, section 1651, subsection 2, paragraph E. Capital project bonds or
44 notes of the community school district that are general obligations must be approved by the Page 2 - 131LR0284(01)
45 district voters. The board of trustees shall issue a warrant to initiate a district referendum
46 on a general obligation bond issue of $250,000 or more and a warrant to initiate either a
47 district meeting or district referendum on a general obligation bond issue in an amount of
48 less than $250,000.
5 The format and procedure for the school
6 operating budget to be presented to the voters of the community school district must be the
7 cost center summary budget format and the budget validation referendum procedure of the
8 Maine Revised Statutes, Title 20-A, chapter 105, subchapter 3, except that the budget
9 validation referendum procedure may be discontinued only by a referendum vote called by
10 the district school committee and held on a date at least 10 years after the effective date of
11 this Act or by a written petition for its discontinuance filed with the district school
12 committee by at least 10% of the number of voters voting in the last gubernatorial election
13 in the municipalities of the community school district. In either case, the referendum
14 question submitted to the voters must be as follows: "Do you wish to continue the budget
15 validation referendum of this Community School District for at least another 10 years?"
16 The district school committee shall place the question on the next scheduled warrant for a
17 budget validation referendum or an earlier one if determined appropriate by the district
18 school committee. If this referendum passes, the budget validation referendum procedure
19 may be discontinued only by a referendum vote called by the district school committee and
20 held on a date at least 10 years after the date of the prior vote to continue the budget
21 validation or by a written petition for its discontinuance filed with the district school
22 committee by at least 10% of the number of voters voting in the last gubernatorial election
23 in the municipalities of the community school district. If this referendum fails, that vote
24 ends the use of the budget validation referendum beginning with the following budget year
25 and prohibits its reconsideration for at least 3 years. At least 3 years after a vote that
26 discontinued the budget validation referendum, an article to reinstate the budget validation
27 referendum procedure may be placed on the ballot by vote of the district school committee
28 or by petition as provided by state law, and if approved by the voters the budget validation
29 referendum may not be discontinued except after 10 years as provided in this section or by
30 voter petition as provided in this section.
31 The community school district shall conduct
32 budget meetings and special budget meetings in the manner provided under the Maine
33 Revised Statutes, Title 20-A, chapter 105, subchapter 3. The community school district
34 may conduct other meetings of its voters in the manner provided for budget meetings under
35 state law.
36 The community school district shall
37 conduct referenda for purposes described in this Act or state law in the manner provided
38 for regional school units under the Maine Revised Statutes, Title 20-A, chapter 103-A.
39 If any provision of this Act conflicts with the Maine
40 Revised Statutes, Title 20-A, chapter 105, the provisions of this Act control.
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42 This bill replaces the original 1953 charter of the Boothbay-Boothbay Harbor
43 Community School District, as amended. It eliminates numerous outdated charter
44 provisions and aligns governance and operations with state law. It follows the budget
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45 validation referendum process in the Maine Revised Statutes, Title 20-A, chapter 105 and
46 requires voter approval of capital bonds. It retains the district's current cost-sharing
47 formula.
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