Sec. BBB-1. 36 MRSA §6651, sub-§§2-A, 4 and 5 are enacted to read:
2-A. Primarily. "Primarily" means more than 50% of the time.
4. Retail sales activity. "Retail sales activity" means an activity associated with the selection and purchase of goods or the rental of tangible personal property.
5. Retail sales facility. "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose of selecting and purchasing goods at retail or for renting tangible personal property. "Retail sales facility" does not include a separate structure that is used as a warehouse or call center facility.
Sec. BBB-2. 36 MRSA §6652, sub-§1-D is enacted to read:
1-D. Retail sales facilities. Reimbursement pursuant to this chapter may not be made with respect to property that is located in a retail sales facility exceeding 100,000 square feet of interior customer selling space and used primarily in a retail sales activity, unless the facility is owned by a business whose Maine-based operation derives less than 50% of its total annual revenue on a calendar-year basis from sales that are subject to Maine sales tax. This subsection applies to property tax years beginning after April 1, 2006. Property affected by this subsection that was eligible for reimbursement pursuant to this chapter for property taxes paid for the 2006 property tax year is grandfathered into the program and continues to be eligible for reimbursement to the extent permitted by this chapter as it existed on April 1, 2006, unless that property subsequently becomes ineligible.
Sec. BBB-3. 36 MRSA §6655, as enacted by PL 1995, c. 368, Pt. FFF, §2, is amended to read:
The State Tax Assessor shall prescribe forms for the notice of claim and statement of the assessor or assessors provided in section 6653 and the claim for reimbursement, with instructions, and make those forms available to taxpayers and taxing jurisdictions. The forms must include a checkoff to indicate if the applicant is also receiving tax increment financing.
Sec. BBB-4. 36 MRSA §6656, as amended by PL 2001, c. 714, Pt. BB, §2 and affected by §4, is further amended to read:
Except as provided in section 6652, subsection 3, upon receipt of a timely and properly completed claim for reimbursement, the State Tax Assessor shall certify that the claimant is eligible for reimbursement and shall pay the amount claimed
from the General Fundas provided by this section by November 1st or within 90 days after receipt of the claim, whichever is later. For those claims for which payments are withheld pursuant to section 6652, subsection 3, reimbursement must be paid within 90 days after the assessor receives notification under that subsection that the report has been received.Notwithstanding any other provision of law, the State Tax Assessor shall determine the benefit for each claimant under this chapter and certify the amount to the State Controller to be transferred to the Business Equipment Tax Reimbursement reserve account established, maintained and administered by the State Controller from General Fund undedicated revenue within the individual income tax category. The assessor shall pay the certified amounts to each approved applicant qualifying for the benefit under this chapter. Interest is not allowed on any payment made to a claimant pursuant to this chapter.
Sec. BBB-5. 36 MRSA §§6664 and 6665 are enacted to read:
1. Report to Legislature. By January 15th annually, the State Tax Assessor shall submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over taxation matters a report that contains the following information with regard to persons receiving benefits under this chapter:
A. A list of persons receiving reimbursement for property taxes both under this chapter and under a tax increment financing agreement;
B. The total tax increment financing district property value for each person;
C. The municipality of each tax increment financing district and the property tax rate for that municipality;
D. The total tax increment financing district property taxes paid, categorized by real property and personal property;
E. The total of tax increment financing credit enhancement agreement reimbursement for property taxes paid categorized by real property and personal property;
F. The total reimbursement received by each person under this chapter; and
G. The extent of overlap between reimbursement for property taxes on personal property under this chapter and under a tax increment financing agreement.
2. Cooperation. The Department of Economic and Community Development and municipalities shall provide any information requested by the State Tax Assessor for the completion of the report required by this section.
§6665. Financial projections report
1. Report to Legislature. By January 15th annually, the State Tax Assessor shall submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over taxation matters a report that contains the following information with regard to the projected cost of benefits under this chapter:
A. The projected costs of benefits for the current biennium and ensuing 2 biennia; and
B. The economic factors and underlying assumptions that contribute to the projected costs.
Sec. BBB-6. Application date. Those sections of this Part that enact subsections in the Maine Revised Statutes, Title 36, section 6651 and enact Title 36, section 6652, subsection 1-D apply to property taxes based on the status of property on or after April 1, 2007.
Sec. BBB-7. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Business Equipment Tax Reimbursement 0806
Initiative: Eliminates the appropriation for the Business Equipment Tax Reimbursement, BETR, program and in its place creates the Business Equipment Tax Reimbursement reserve account, to which transfers are made from General Fund undedicated revenue within the individual income tax category in order to pay benefits under the BETR program.
GENERAL FUND 2005-06 2006-07
All Other ($73,463,191) ($75,718,341)
__________ __________
GENERAL FUND TOTAL ($73,463,191) ($75,718,341)
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