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128th MAINE LEGISLATURE |
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LD 1285 |
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LR 1401(02) |
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An Act To Tax
Political Expenditures Made Immediately before an Election |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: Taxation |
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Fiscal Note Required: Yes |
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Fiscal Note |
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Contingent future biennium cost increase - General Fund
(constitutional issue) |
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FY 2017-18 |
FY 2018-19 |
Projections FY 2019-20 |
Projections FY 2020-21 |
Net Cost
(Savings) |
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General Fund |
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$100,000 |
$0 |
$0 |
$0 |
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Appropriations/Allocations |
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General Fund |
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$100,000 |
$0 |
$0 |
$0 |
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Fiscal Detail
and Notes |
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The bill includes
a one-time General Fund appropriation of $100,000 in fiscal year 2017-18 to
the Department of Administrative and Financial Services for programming costs
to establish a new tax on political expenditures. |
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The bill imposes a
tax on a person making a political expenditure during a taxable period at the
rate of 50% of the value of the political expenditure. A taxable period is
defined as the interval starting the 14th day before an election or
referendum and ending the day of the election or referendum. As the amount of
revenue collected from this tax could vary widely from one election or
referendum to another depending on the ballot measures at the time, no
estimate of revenue is made at this time and no estimate is made regarding
the length of time that would pass before the initial appropriation of
$100,000 will be fully reimbursed to the General Fund. |
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This tax on
political expenditures could be challenged legally under the First Amendment
to the US Constitution's provisions regarding free speech. If that happens, and if the court
determines that the tax is unconstitutional, the State could be required to
pay the plaintiff's attorneys fees and court costs. No estimate of the potential cost has been
made. |
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