HARRY HUGHES, Governor

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a charter, general or local law, or local ordinance.

(2)  The taxing authority is not required to hold a
second hearing if the increase in the tax rate in excess of the
constant yield tax rate results from an amended constant yield
tax rate submitted by the Department under subsection (b) for the
taxable year beginning July 1, 1978.

(3)  The taxing authority, after the public hearing
has been held in accordance with the above procedures, may adopt
a resolution or ordinance levying a property tax rate in excess
of the constant yield tax rate. If the resolution or ordinance
adopting this tax rate is not approved on the day of the public
hearing, the day, time and place at which the resolution or
ordinance will be scheduled for consideration and approval by the
taxing authority shall be announced at the public hearing.

(I) A TAXING AUTHORITY THAT IN GOOD FAITH HAS MADE ALL
REASONABLE EFFORTS TO COMPLY WITH THE REQUIREMENTS OF SUBSECTIONS
(C) AND (D) OF THIS SECTION, AND PROVIDES SATISFACTORY EVIDENCE
TO THE DEPARTMENT THAT ANY LACK OF COMPLIANCE WITH THOSE
REQUIREMENTS WAS FOR REASONS BEYOND THE CONTROL OF THE TAXING
AUTHORITY:

(1) IS DEEMED TO HAVE COMPLIED WITH THOSE
REQUIREMENTS; AND

(2) MAY LEVY A TAX RATE IN EXCESS OF THE CONSTANT
YIELD TAX RATE.

(I) (J) (1) THE DIRECTOR OF THE DEPARTMENT SHALL REPORT TO
THE ATTORNEY GENERAL ANY TAXING AUTHORITY THAT VIOLATES APPEARS
TO HAVE VIOLATED THE REQUIREMENTS OF THIS SECTION.

(2)  THE ATTORNEY GENERAL SHALL INVESTIGATE THE REPORT
FORWARDED BY THE DIRECTOR OF THE DEPARTMENT. UPON A FINDING THAT
THE TAXING AUTHORITY DID VIOLATE THE REQUIREMENTS OF THIS
SECTION, THE ATTORNEY GENERAL SHALL INSTITUTE APPROPRIATE LEGAL
ACTION TO EFFECT COMPLIANCE WITH THE TERMS OF THIS SECTION.

(3)  THE TAX RATE FOR A TAXING AUTHORITY FOUND BY A
COURT OF COMPETENT JURISDICTION TO BE IN VIOLATION OF THE TERMS
OF THIS SECTION SHALL BE THE CONSTANT YIELD TAX RATE.

(K) ANY TAXING AUTHORITY WHICH DOES NOT EXCEED THE CONSTANT
YIELD TAX RATE SHALL SO NOTIFY THE DEPARTMENT WITHIN A PERIOD OF
TIME AS SPECIFIED BY THE DIRECTOR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1984.

Approved May 29, 1984.