§2049.__Emergency taxes

1.__Emergency taxes permitted; conditions.__The State or a local district may impose emergency taxes only in accordance with this section:

A.__The tax must be approved for a specified time period by a 2/3 majority of the members of each House of the Legislature or by a 2/3 majority of the legislative body of a local district;

B.__Emergency tax revenue may be spent only after other available reserves are depleted and must be refunded 180 days after the emergency ends if not spent on the emergency; and

C.__The tax must be submitted for approval by the voters at the next statewide or districtwide election.

2.__Absence of approval.__If not approved by the voters as provided in this section, an emergency tax expires 30 days following the election.

Individual or class action lawsuits may be filed to enforce this chapter and must be given the highest civil priority for resolution.__Successful plaintiffs are allowed costs and reasonable attorney's fees, but a district is not unless a suit against it is ruled frivolous.__Revenue collected, kept or spent in conflict with this chapter for 4 full fiscal years before a suit is filed must be refunded with 10% annual simple interest from the initial conduct.

Sec. 9. 36 MRSA §3321, sub-§5 is enacted to read:

5.__Voter approval.__Beginning on the July 1st following the effective date of this subsection, a change in the rate of excise tax resulting from the adjustment required in subsection 1 may only take effect if approved by a majority of the voters at a regular or special election.

Sec. 10. Maine Budget Stabilization Fund. The Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, section 1522 is the successor in every way to the Maine