LD 1080
pg. 2
Page 1 of 4 An Act To Impose a Municipal Services Fee on Tax-exempt Property Page 3 of 4
Download Bill Text
LR 1216
Item 1

 
E.__Public works department services, which may include
municipal sidewalk and road construction and maintenance,
traffic control and snow plowing and removal.

 
A municipality may include charges for a medical crisis unit
or E-9-1-1 system as part of either fire protection services
or police protection services, but not both.

 
3.__Calculation of charges.__A municipality imposing a
system of charges for direct benefit services shall calculate
on an annual basis the actual costs of providing the service,
including capital costs, and may impose on any individual tax-
exempt entity only its proportional share of these costs
according to the following formula:

 
A.__The total annual costs of the municipality for direct
benefit services is divided by the total value of all
taxable and tax-exempt property in the municipality.__This
results in the direct benefit service charge rate; and

 
B.__The direct benefit service charge calculated under
paragraph A is multiplied by the assessed value of
individual tax-exempt property.__The result is the
prorated charge for direct benefit services.

 
4.__Tax-exempt entity subject to service charges; exemption.__
Charges for direct benefit services may be imposed only on
that tax-exempt entity that derives at least 50% of its annual
revenue from charges such as, but not limited to, service
fees, rents, rates or tuitions imposed on a client group
served by that tax-exempt entity, regardless of the source of
those charges.__A tax-exempt entity otherwise subject to
charges under this section is exempt if that tax-exempt entity
expends 50% or more of its annual revenues to provide
temporary housing, food, clothing or other services to
individuals and families at or below the federal poverty
level, as defined in Title 22, section 3762.

 
A tax-exempt entity claiming exemption from municipal charges
for direct benefit services must apply annually for exempt
status on appropriate forms provided by the municipality for
that purpose. The burden of proving a right to exemption
initially and in any succeeding year lies with the tax-exempt
entity seeking exemption.__The tax-exempt entity shall provide
tax, annual audit and business records necessary to prove the
tax-exempt entity's exempt status. The granting of an
exemption in any given year does not preclude the municipality
from verifying or denying the exempt status of an entity in
succeeding years.


Page 1 of 4 Top of Page Page 3 of 4