LD 1240
pg. 1
LD 1240 Title Page An Act To Change the Maine Income Tax Rates Page 2 of 7
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LR 1661
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 1 MRSA §815, first ¶, as enacted by PL 2001, c. 328, §2, is
amended to read:

 
Notwithstanding any other provision of law, if an entity that
has taken property by eminent domain fails to use the property
for the project or purpose for which that property was taken, the
condemnee or the condemnee's heirs have a right of first refusal
to purchase the property as provided in this section. The right
may be exercised at a price equal to the total compensation paid
to the condemnee for the taking plus an adjustment for any
improvements made to the property and for changes in inflation
based upon the Consumer Price Index as defined in Title 36,
section 5402, subsection 1. The right of first refusal
automatically terminates once the property is used for the
project or purpose for which that property was taken. The
purpose of a taking may be passive in nature, including
conservation or preservation. As used in this section, "Consumer
Price Index" means the average over a 12-month period of the
National Consumer Price Index, not seasonally adjusted, published
monthly by the United States Department of Labor, Bureau of Labor
Statistics and designated as the "National Consumer Price Index
for All Urban Consumers - United States City Average."

 
Sec. 2. 5 MRSA §1665, sub-§1, as amended by PL 2003, c. 451, Pt. X,
§9, is further amended to read:

 
1. Expenditure and appropriation requirements. On or before
September 1st of the even-numbered years, all departments and
other agencies of the State Government and corporations and
associations receiving or desiring to receive state funds under
the provisions of law shall prepare, in the manner prescribed by
and on blanks furnished them by the State Budget Officer, and
submit to the officer estimates of their expenditure and
appropriation requirements for each fiscal year of the ensuing
biennium contrasted with the corresponding figures of the last
completed fiscal year and the estimated figures for the current
fiscal year. The total General Fund appropriation requests
submitted by each department and agency for each fiscal year may
not exceed the General Fund appropriation of the previous fiscal
year multiplied by one plus the average real personal income
growth rate. For purposes of this subsection, "average real
personal income growth rate" means the average for the prior 10
calendar years, ending with the most recent calendar year for
which data is available, of the percent change in personal income
in this State for a calendar year, as estimated by the United
States Department of Commerce, Bureau of Economic Analysis, less
the percent change in the Consumer Price Index for that calendar


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