LD 1011
pg. 11
Page 10 of 12 An Act To Establish the Maine Taxpayers' Bill of Rights Page 12 of 12
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LR 919
Item 1

 
A.__The tax must be approved for a specified time period by a
2/3 majority of the members of each House of the Legislature
or by a 2/3 majority of the legislative body of a local
district;

 
B.__Emergency tax revenue may be spent only after other
available reserves are depleted and must be refunded 180
days after the emergency ends if not spent on the emergency;
and

 
C.__The tax must be submitted for approval by the voters at
the next statewide or districtwide election.

 
2.__Absence of approval.__If not approved by the voters as
provided in this section, an emergency tax expires 30 days
following the election.

 
Individual or class action lawsuits may be filed to enforce
this chapter and must be given the highest civil priority for
resolution.__Successful plaintiffs are allowed costs and
reasonable attorney's fees, but a district is not unless a suit
against it is ruled frivolous.__Revenue collected, kept or spent
in conflict with this chapter for 4 full fiscal years before a
suit is filed must be refunded with 10% annual simple interest
from the initial conduct.

 
Sec. 10. 5 MRSA §13063-C, sub-§4, ¶B, as amended by PL 2005, c. 2, Pt.
A, §9 and affected by §14, is further amended to read:

 
B. Notwithstanding section 1585, any balance remaining in
the program after July 31, 2007 must be transferred to the
Maine Budget Stabilization Fund as established in section
1532 1521.

 
Sec. 11. 25 MRSA §1612, sub-§7, as amended by PL 2005, c. 2, Pt. A,
§12 and affected by §14, is further amended to read:

 
7. Payment from the Maine Budget Stabilization Fund. Benefits
are payable from the Maine Budget Stabilization Fund as provided
in Title 5, section 1532, subsection 6 1521.

 
Sec. 12. 36 MRSA §3321, sub-§5 is enacted to read:

 
5.__Voter approval.__Beginning on the July 1st following the
effective date of this subsection, a change in the rate of excise
tax resulting from the adjustment required in subsection 1 may
only take effect if approved by a majority of the voters at a
regular or special election.


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