Maine Legislature, Session 121, LD 0208
Committee Amendment CA_B_H640 (House)

COMMITTEE AMENDMENT "13,, to H.P. 167, L.D. 208, 
"RESC:"UT:;:O;:~, 
Proposing an Amendment to the Constitution of Maine Related to 
the Taxation of Personal Property" 
Amend the resolution by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
'Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
ffinendment to the Constitution of Maine be proposed: 
Constitution, Art. IX, §8, sub-§6 is enacted to read: 
of 
each 
following 
6. 
Personal property. 
All new business personal property, 
as defined by the Legislature, placed in service after April L 
2005 is exempt from property taxation. 
; and be it further 
Constitutional referendum procedure; form of question; effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by 
la~l for holding 
a general election, at the next general election, in the month of 
November following the passage of this resolution, to vote upon 
the ratification of the ffinendment proposed in this resolution by 
voting upon the following question: 
"Do you favor ffinending the Constitution of Maine to exempt 
from taxation new business personal property placed in use 
after April L 
2005?" 
Page l-LR0130(3) 
COMMITTEE AMENDMENT 
~e:,. 
~. 
COMMITTEE AMENDMENT .. 6 .. to H.P. 167, L.D. 208 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution on the date of the proclamation; and be it further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and, copies of this resolution 
necessary to carry out the purpose of this referendum.' 
SUMMARY 
This amendment maintains the business property tax exemption 
proposed in the Constitutional Resolution, but removes language 
in the resolution permitting municipalities to tax such equipment. 
FISCAL :\OTE REQljlRED 
(See attached) 
COMMITTEE AMENDMENT 
Referendum Costs 
Approved: 01120/04 ::t?ac 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD208 
RESOLUTION, Proposing an Amendment to the Constitution of Maine 
Related to the Taxation of Personal Property 
LR 0130(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
MonthlY ear 
Election Type 
Question 
Nov-04 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
~lection in November. If the number or size of the referendum questions increases the ballot length, an additional 
dppropriation of $8,000 or more may be required. 
Fiscal Detail and Notes 
If approved by the voters, this constitutional amendment will not require the state to reimburse municipalities for 50% 
of the property tax loss to municipalities attributable to this resolution.