An Act To Reinstate Statutory Authority for Local Property Tax Assistance Programs
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2013, chapter 368 discontinued the Circuitbreaker Program and the legislative authorization of municipal property tax assistance programs, effective August 1, 2013; and
Whereas, although municipal property tax assistance programs may be linked to the Circuitbreaker Program, it was not the intent of the Legislature to discontinue the authorization of municipalities to offer property tax assistance programs; and
Whereas, this legislation needs to take effect as soon as possible to restore the ability of municipalities to offer property tax assistance programs; 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,
Sec. 1. 36 MRSA §6231, as enacted by PL 2005, c. 395, §4, is repealed.
Sec. 2. 36 MRSA §6232, sub-§2, as enacted by PL 2005, c. 395, §4, is repealed.
Sec. 3. 36 MRSA §6233, as corrected by RR 2013, c. 1, §56, is repealed.
Sec. 4. Retroactivity. That section of this Act that repeals the Maine Revised Statutes, Title 36, section 6233 applies retroactively to June 26, 2013.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
Public Law 2013, chapter 368, the unified budget bill, discontinued the Maine Residents Property Tax Program, also known as the Circuitbreaker Program, effective for applications filed on or after August 1, 2013. Public Law 2013, chapter 368 also discontinued the statutory authority for municipal property tax relief programs since some of those programs were dependent on the definitions used in the Circuitbreaker Program, including a determination of income, and provided relief as a percentage of what was given under the Circuitbreaker Program.
This bill restores statutory authority for municipal property tax relief programs retroactive to the effective date of Public Law 2013, chapter 368, June 26, 2013, and provides more flexibility to a municipality in determining eligibility and benefit levels by repealing language linking the municipal program to the Circuitbreaker Program.