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Session Laws, 1985
Volume 760, Page 81   View pdf image
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HARRY HUGHES, Governor

81

(I)  WHEN DIRECTED TO MAKE A CHANGE BY AN
ENACTMENT OF THE GENERAL ASSEMBLY; OR

(II)  TO CORRECT AN ERROR IN THE CALCULATION OF
THE CONSTANT YIELD TAX RATE.

(E)  EXEMPTION FOR CERTAIN MUNICIPAL CORPORATIONS.

THE DIRECTOR MAY EXEMPT A MUNICIPAL CORPORATION FROM THE
CONSTANT YIELD TAX RATE PROVISIONS OF § 6-308 OF THIS ARTICLE IF
THE DIRECTOR BELIEVES THAT THE AMOUNT OF INCREASE IN THE
ESTIMATED ASSESSMENT OF ALL PROPERTY IN THE MUNICIPAL CORPORATION
DOES NOT JUSTIFY COMPLYING WITH THE PROCEDURAL REQUIREMENTS OF §
6-308 OF THIS ARTICLE.

(F)  ACTION IF POSSIBLE VIOLATION OF § 6-308.

(1)  THE DIRECTOR SHALL REPORT TO THE ATTORNEY GENERAL
ANY TAXING AUTHORITY THAT APPEARS TO HAVE VIOLATED THE
REQUIREMENTS OF § 6-308 OF THIS ARTICLE.

(2)  THE ATTORNEY GENERAL SHALL INVESTIGATE THE REPORT
FORWARDED BY THE DIRECTOR. IF THE ATTORNEY GENERAL FINDS THAT A
TAXING AUTHORITY VIOLATED THE REQUIREMENTS OF § 6-308 OF THIS
ARTICLE, THE ATTORNEY GENERAL SHALL INSTITUTE APPROPRIATE LEGAL
ACTION TO EFFECT COMPLIANCE WITH THE REQUIREMENTS OF § 6-308 OF
THIS ARTICLE.

(3)  IF A COURT FINDS THAT A TAXING AUTHORITY VIOLATED
§ 6-308 OF THIS SUBTITLE, THE PROPERTY TAX RATE OF THAT TAXING
AUTHORITY SHALL BE THE CONSTANT YIELD TAX RATE.

(G)  NOTIFICATION OF DEPARTMENT BY TAXING AUTHORITY.

A TAXING AUTHORITY THAT DOES NOT EXCEED THE CONSTANT YIELD
TAX RATE SHALL NOTIFY THE DEPARTMENT WITHIN THE TIME SET BY THE
DIRECTOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, §
232C(a)(2), (b) -- except for the last clause of the
third sentence of (1) -- (e), (g), (j), and (k).

In subsection (a)(3) of this section, the former
phrase "subject to Article XI-E of the Constitution"
is deleted as included in the defined term "municipal
corporation".

In subsections (b) through (e) of this section, the
references to the "assessment of all property" are
substituted for the former references to "assessable
base", for clarity.

 

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Session Laws, 1985
Volume 760, Page 81   View pdf image
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