An Act To Allow Municipalities To Impose a Seasonal or Year-round Local Option Sales Tax
Maine Legislature, Session 129, LD 0065
Committee: Taxation
Sponsors: BEEBE-CENTER, CHIPMAN, DUNPHY, JORGENSEN, MATLACK, PIERCE, STOVER
Amends: 36 MRSA §1819

Legislative Document
No. 65
H.P. 62
House of Representatives, January 15, 2019
An Act To Allow Municipalities To Impose a Seasonal or Year-
round Local Option Sales Tax
Reference to the Committee on Taxation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BEEBE-CENTER of Rockland.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: DUNPHY of Old Town, JORGENSEN of Portland, MATLACK of St. 
George, PIERCE of Falmouth, STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §1819 is enacted to read:
§1819.  Municipal local option sales tax
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Local option sales tax" means a sales tax imposed under this section.
B.  "Participating municipality" means a municipality that has imposed a local option 
sales tax pursuant to this section.
C.  "Sales tax base" means those items subject to sales taxation under this Part.
D.  "Single transaction limitation" means a dollar limit that a participating 
municipality places on the amount of tax the municipality collects from a single 
transaction subject to the local option sales tax.
2.  Authorization to impose local option sales tax; limitations.  A municipality by 
referendum conducted pursuant to subsection 8 may impose a local option sales tax 
subject to the following limitations.
A.  The local option sales tax may be imposed only on those items that are part of the 
sales tax base.
B.  A participating municipality may not alter the range of items subject to sales 
taxation under this Part.
C.  A participating municipality may adopt a single transaction limitation, but in no 
case may the single transaction limitation exceed $100.
D.  The imposition of the local option sales tax may be limited to specified months of 
the year.
3.  Notify State Tax Assessor.  A participating municipality shall notify the assessor 
at least 90 days before the local option sales tax is effective.
4.  Administration.  A retailer in a participating municipality shall transfer the 
revenue from a local option sales tax at the time and in the manner provided in section 
1951-A for the transfer of state sales tax revenue.  The tax is subject to the same 
enforcement provisions, interest, penalties and administrative actions as other taxes 
assessed under this Part.
5.  Distribution of revenue.  Each month, the assessor shall identify the amount of 
revenue attributable to each participating municipality under this section, subtract the 
costs of administering this section and certify the net amount for that municipality to the 
Treasurer of State.  The Treasurer of State shall make monthly payments to municipal 
treasurers of the net amounts certified by the assessor under this subsection.
For purposes of this subsection, "costs of administering this section" means the lesser of 
the actual cost to the assessor of administering this section and 2% of the total revenue 
generated by a local option sales tax.
6.  Use of revenue by participating municipality.  A participating municipality that 
receives funds pursuant to subsection 5 shall use those funds for the purposes described in 
the referendum approved under subsection 8.
7.  Effect on revenue sharing and other state aid programs.  Revenue received 
pursuant to subsection 4 may not be considered to be receipts from the taxes imposed 
under this Part for the purpose of transfers to the Local Government Fund under Title 
30-A, section 5681.  Revenue received pursuant to subsection 4 may not be used to 
reduce or eliminate any funding otherwise due the participating municipality under any 
provision of law providing aid to the participating municipality, including, but not limited 
to, aid for schools, roads, public assistance or jails.
8.  Referendum.  The question of whether to impose a local option sales tax must be 
submitted to the legal voters of a municipality that seeks to impose the local option sales 
tax.  The referendum question must indicate the rate of the local option sales tax, specify 
the months during which it will be imposed if not year-round and identify the purposes 
for which the revenue will be used.
The petition process and voting must be held and conducted in accordance with Title 
30-A, sections 2528, 2529 and 2532 even if the municipality has not accepted the 
provisions of Title 30-A, section 2528.  The voting at elections must be held and 
conducted in accordance with Title 21-A.
The municipal clerk shall make a return of the results, certify the results and send them to 
the Secretary of State.  The Secretary of State shall forward the results to the assessor.
The local option sales tax may be discontinued by referendum conducted in the same 
manner as the referendum adopting the tax under this subsection.
9.  Effective date of tax; acceptance by voters.  A local option sales tax authorized 
by this section takes effect 120 days after the municipal referendum vote under 
subsection 8 if it is accepted by a majority of the legal voters voting at the election and 
the total number of votes cast equals or exceeds 20% of the total number of votes cast in 
that municipality in the most recent gubernatorial election.
SUMMARY
This bill allows a municipality to impose a local option sales tax, which may be 
seasonal, if approved by referendum of the voters in that municipality.  The referendum 
question must identify the rate of the local option sales tax, specify the months during 
which it will be imposed if not year-round and identify the purposes for which the 
revenue will be used.  The local option sales tax would be collected and administered by 
the State in the same manner as the sales and use tax.  Revenue from the local option 
sales tax is distributed to the municipality imposing the local option sales tax.  Revenue 
received by a municipality may not be used to reduce or eliminate funding otherwise due 
the municipality under other provisions of law.