LD 1409
pg. 1
LD 1409 Title Page An Act To Update the Process for the Allocation of the State Ceiling on Tax-exe... Page 2 of 7
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LR 2020
Item 1

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

 
Sec. 1. 10 MRSA §363, sub-§1-A, as amended by PL 1999, c. 728, §1,
is further amended to read:

 
1-A. Procedure. For each calendar year, the Legislature
may establish a procedure for allocation of the entire amount
of the state ceiling by allocating an amount of the state
ceiling to the specific issuers designated in this section for
further allocation by each specific issuer to itself or to
other issuers for specific bond issues requiring an allocation
of the state ceiling or for carryforward. This procedure
supersedes the federal formula to the full extent that the
United States Code, Title 26, authorizes the Legislature to
vary the federal formula. Allocations may be reviewed by the
Legislature periodically and unused allocations may be
reallocated to other issuers; however, notwithstanding the
existence of legislation allocating or reallocating all or any
portion of the state ceiling, at any time during the period
from September 1st to and including December 31st of any
calendar year, and at any other time that the Legislature is
not in session, a group consisting of a representative of each
of the issuers specifically identified in subsections 4, 6
and, 7, 8 and 8-A; a representative of a corporation created
pursuant to the former Title 20, section 2237 and Title 20-A,
section 11407; and a representative of the Governor designated
each year by the Governor may, by written agreement executed
by no fewer than 4 of the 5 6 voting representatives, allocate
amounts not previously allocated and reallocate unused
allocations from one of the specific issuers designated in
this section to another specific issuer for further allocation
or carryforward, with respect to the state ceiling for that
calendar year only. In no event may any issuer have more than
one vote.__If an issuer is allocated a portion of the state
ceiling in more than one category, the written agreement must
be executed by no fewer than 4 of the 6 voting
representatives. The issuer specifically identified in
subsection 5 and a representative of the Department of
Economic and Community Development designated each year by the
Commissioner of Economic and Community Development shall
participate as nonvoting members of the group of
representatives described in this subsection with respect to
agreements or recommendations for allocation or reallocation
of the state ceiling. Except for records containing specific
and identifiable personal information acquired from applicants
for or recipients of financial assistance, the records of the
group of representatives described in this subsection are
public records and the meetings of the group of
representatives described in this subsection are public
proceedings within the meaning of Title 1, chapter 13,
subchapter I 1.


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