LD 30
pg. 5
Page 4 of 13 An Act To Apply a System of Spending Limitations to State, County and Municipal... Page 6 of 13
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LR 891
Item 1

 
events, acts of God, acts of terrorism, fire, war and riots.__
"Extraordinary event" does not include changes in economic
conditions, revenue shortfalls or increases in salaries or
benefits.__An appropriation under this subsection may not cause the
municipality's property tax levy limit to be adjusted for any
future fiscal years and may not continue for longer than required
to comply with the court order or decree or address the
extraordinary event.__For municipalities with a town meeting form
of government, "legislative body" means all registered voters of
that municipality who are assembled for the purpose of voting at
any legally convened town meeting.

 
7.__Election.__A municipality may elect to raise its property
tax levy limit upon the affirmative vote of a majority of the
voters voting by municipal election held at any regular or
special election.__Notwithstanding any law to the contrary, such
an election may be called only upon the affirmative vote of a
majority of the municipal officers and must be governed according
to state law and any applicable municipal charter.__The warrant
for the election must set forth the question in the following
form:__"Do you favor raising the levy limit of [name of
municipality] for the purpose of [insert purpose]?"__For the
purposes of this section, "municipal election" means a secret
ballot referendum unless otherwise provided by charter, for those
municipalities with a charter that governs municipal election
procedures, or by ordinance for all other municipalities.__
Notwithstanding any other provisions of law, a charter amendment
proposed to the voters of a municipality as a result of this
section is controlled by section 2104, and a municipal ordinance
proposed to the voters of a municipality as a result of this
section must be approved by a referendum voting procedure
pursuant to section 2528.

 
8.__Treatment of surplus; reserves.__Any property tax revenues
collected by a municipality in any fiscal year in excess of its
property tax levy limit, as determined by a final audited
accounting, must be transferred to a property tax relief fund,
which each municipality shall establish, and used to reduce
property tax levies in subsequent fiscal years.__To the extent
the transfers required by this section cannot be accomplished
under the financial management authority vested in the municipal
officers, the transfers must be authorized by an action of the
legislative body.__Nothing in this subsection is intended to
limit the ability of a municipality to maintain adequate reserves
pursuant to section 5801, provided that annual allocations or
appropriations of funds to reserves are treated as appropriations
subject to the appropriation limits set forth in subsection 1.

 
9.__Fractional divisions.__A municipality may, consistent with
Title 36, section 710, exceed its property tax levy limit in a
reasonable amount necessary to avoid fractional divisions.


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