HP1046, LD 1522, item 1, An Act To Authorize a Local Option Sales Tax

An Act To Authorize a Local Option Sales Tax

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

Sec. 1. 36 MRSA §1818 is enacted to read:

§ 1818. Municipal local option sales tax

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Local option sales tax" means a sales tax imposed under this section.

B. "Participating municipality" means a municipality that has imposed a local option sales tax pursuant to this section.

C. "Sales tax base" means those items subject to sales taxation under this Part.

D. "Single transaction limitation" means a dollar limit that a municipality imposing a local option sales tax pursuant to this section may place on the amount of tax the municipality collects from a single transaction subject to the local option sales tax.

2. Authorization to impose local option sales tax. A municipality by referendum conducted pursuant to subsection 8 may impose a local option sales tax on those items that are part of the sales tax base. A municipality that adopts a local option sales tax may not alter the range of items subject to sales taxation under this Part. A municipality that adopts a local option sales tax also may adopt a single transaction limitation, but in no case may the single transaction limitation exceed $100.

3. Notify State Tax Assessor. A municipality that imposes a local option sales tax shall notify the State Tax Assessor at least 90 days before the local option sales tax is effective.

4. Administration. Retailers in a participating municipality shall transfer the revenue from a local option sales tax at the time and in the manner provided in section 1951-A for the transfer of state sales tax revenue. The tax is subject to the same enforcement provisions, interest, penalties and administrative actions as other taxes assessed under this Part.

5. Distribution of revenue. Each month, the State Tax Assessor shall identify the amount of revenue attributable to each participating municipality under this section, subtract the costs of administering this section and certify the net amount for that municipality to the Treasurer of State for distribution pursuant to this subsection. From the net amount certified for a municipality under this subsection, the Treasurer of State shall make monthly payments as follows:

A. To the participating municipality, 50% of the net amount;

B. To the Local Government Fund established in Title 30-A, section 5681, 25% of the net amount; and

C. To the Regional Economic Development Revolving Loan Program established in Title 10, section 1026-M, subsection 1, 25% of the net amount to be distributed equally among the counties to provide microloans, entrepreneurial training and funding for cooperative employee ventures.

For purposes of this subsection, "costs of administering this section" means the lesser of the actual cost to the assessor of administering this section and 2% of the total revenue generated by a local option sales tax.

6. Use of revenue by participating municipality. A participating municipality that receives funds pursuant to subsection 5, paragraph A shall use those funds for the purposes described in the referendum approved under subsection 8.

7. Effect on revenue sharing and other state aid programs. Revenue received pursuant to subsection 5 may not be considered to be receipts from the taxes imposed under this Part for the purpose of transfers to the Local Government Fund under Title 30-A, section 5681. Revenue received pursuant to subsection 5 may not be used to reduce or eliminate any funding otherwise due the participating municipality under any provision of law providing aid to the participating municipality, including, but not limited to, aid for schools, roads, public assistance or jails.

8. Referendum. The question of whether to impose a local option sales tax must be submitted to the legal voters of a municipality that seeks to impose the local option sales tax. The referendum question must indicate the rate of the local option sales tax and identify the purposes for which the revenue will be used.

The petition process and voting must be held and conducted in accordance with Title 30-A, sections 2528, 2529 and 2532 even if the municipality has not accepted the provisions of Title 30-A, section 2528. The voting at elections must be held and conducted in accordance with Title 21-A.

The municipal clerk shall make a return of the results, certify the results and send them to the Secretary of State. The Secretary of State shall forward the results to the assessor.

The local option sales tax may be discontinued by referendum conducted in the same manner as the referendum adopting the tax under this subsection.

9. Effective date of tax; acceptance by voters. A local option sales tax authorized by this section takes effect 120 days after the municipal referendum vote under subsection 8 if it is accepted by a majority of the legal voters voting at the election and the total number of votes cast equals or exceeds 20% of the total number of votes cast in that municipality in the most recent gubernatorial election.

summary

This bill allows a municipality to impose a local option sales tax if approved by referendum of the voters in that municipality. The referendum question must identify the rate of the local option sales tax and the purposes for which the revenue will be used. The local option sales tax would be collected and administered by the State in the same manner as the sales and use tax. Revenue from the local option sales tax is distributed 50% to the municipality, 25% to the Local Government Fund for state-municipal revenue sharing throughout the State and 25% to the Regional Economic Development Revolving Loan Program for regional economic development. Revenue received by a municipality may not be used to reduce or eliminate funding otherwise due the municipality under other provisions of law.

HP1046 LD 1522	Session - 128th Maine Legislature		LR 569 Item 1
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