An Act To Clarify the Warrant Article Petition Process
Sec. 1. 30-A MRSA §2522, 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:
§ 2522. Petition for article in warrant
On the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall either insert a particular article in the next warrant issued or shall within 60 days call a special town meeting for its consideration. Municipal officers may reasonably refuse to place a petitioned article based upon, but not limited to, whether the municipal legislative body is authorized to act on the article pursuant to federal and state law and the municipal charter.
Sec. 2. 30-A MRSA §2528, sub-§5, as amended by PL 2003, c. 569, §2, is further amended to read:
The municipal officers shall hold a public hearing on the subject of the article at least 10 days before the day for voting on the article. At least 7 days before the date set for the hearing, the municipal officers shall give notice of the public hearing by having a copy of the proposed article, together with the time and place of hearing, posted in the same manner required for posting a warrant for a town meeting under section 2523. The municipal officers shall make a return on the original notice stating the manner of notice and the time it was given.
(1) If by town meeting vote or charter provision, a budget committee has been established to review proposed town expenditures, the recommendations of the budget committee shall be printed in addition to those of the municipal officers.
(2) If the action affects the school budget, a recommendation by the school board shall be printed in addition to those of the municipal officers and the budget committee, if any.
SUMMARY
This bill clarifies that municipal officers may reasonably refuse to advance a petitioned article to the municipal legislative body if the municipal legislative body is not authorized pursuant to federal and state law and municipal charter to act on the article.