LD 1
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LR 328
Item 1

 
7.__Process for exceeding county assessment limit.__A county
may exceed or increase the county assessment limit only if
approved by a vote of a majority of all the members of both the
county budget committee or county budget advisory committee and
the county commissioners.

 
Unless a county charter otherwise provides or prohibits a
petition and referendum process, if a written petition, signed by
at least 10% of the number of voters voting in the last
gubernatorial election in the county, requesting a vote on the
question of exceeding the county assessment limit is submitted to
the county commissioners within 30 days of the commissioners'
vote pursuant to this subsection, the article voted on by the
commissioners must be submitted to the legal voters in the next
regular election or a special election called for that purpose.__
The election must be called, advertised and conducted according
to the law relating to municipal elections, except that the
registrar of voters is not required to prepare or the clerk to
post a new list of voters.__For the purpose of registration of
voters, the registrar of voters must be in session the secular
day preceding the election.__The voters shall indicate by a cross
or check mark placed against the word "Yes" or "No" their opinion
on the article.__The results must be declared by the county
commissioners and entered upon the county records.

 
8.__Treatment of surplus; reserves.__Any county tax revenues
collected by a county in any fiscal year in excess of its county
assessment limit, as determined by a final audited accounting,
must be transferred to a county tax relief fund, which each
county must establish, and used to reduce county assessments in
subsequent fiscal years.__Nothing in this subsection limits the
ability of a county to maintain adequate reserves.

 
9.__Enforcement.__If a county adopts a county assessment in
violation of this section, the State Tax Assessor may require the
county to adjust its county assessment downward in an amount
equal to the illegal county assessment and impose such other
penalties as the Legislature may provide.

 
Sec. B-2. Application. This Part applies to county fiscal years
that begin on or after July 1, 2005.

 
Sec. B-3. Retroactivity. This Part applies retroactively to July 1,
2005.

 
PART C

 
Sec. C-1. 30-A MRSA §5721-A is enacted to read:


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