Resolve, To Establish a Study Commission To Review Tax Increment Financing in the Unorganized Territory

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  this resolve establishes a study commission that is to report its findings by December 2, 2009 and the commission must begin its work before the 90-day period expires after regular adjournment to give it enough time to study its subject; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Commission established. Resolved: That the Commission To Review Tax Increment Financing in the Unorganized Territory, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That the commission consists of 13 members appointed as follows:

1. Three Senators appointed by the President of the Senate, one of whom must be from the Joint Standing Committee on Taxation and 2 of whom must be landowners;

2. Four members of the House appointed by the Speaker of the House, 3 of whom must be from the Joint Standing Committee on Taxation and one of whom must be a landowner;

3. Three members appointed by the Governor, 2 of whom must be representatives of county government and one of whom must be an expert on tax increment financing;

4. The Commissioner of Economic and Community Development or the commissioner’s designee;

5. The fiscal administrator of the unorganized territory within the Department of Audit or the administrator’s designee; and

6. The State Tax Assessor or the State Tax Assessor’s designee; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs shall call and convene the first meeting of the commission, which must be no later than August 1, 2009; and be it further

Sec. 5. Duties. Resolved: That the commission shall examine the feasibility of tax increment financing in the unorganized territory; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the commission; and be it further

Sec. 7. Report. Resolved: That, no later than December 2, 2009, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second Regular Session of the 124th Legislature. The Joint Standing Committee on Taxation is authorized to introduce a bill related to the subject matter of the report to the Second Regular Session of the 124th Legislature upon receipt of the report.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve establishes the Commission To Review Tax Increment Financing in the Unorganized Territory. The commission will report its findings concerning tax increment financing in the unorganized territory to the Joint Standing Committee on Taxation, which is authorized to introduce a bill to the Second Regular Session of the 124th Legislature.