SENATE, No. 1702

By Mr. Brown, a petition (accompanied by bill, Senate, No. 1702) of Scott P. Brown, Michael R. Knapik, Robert L. Hedlund and Jeffrey D. Perry for legislation to limit proposition 2 1/2 override elections and allowing an underride in all communities. Revenue.
Version with line numberspdf logo

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT limiting proposition 2 1/2 override elections and allowing an underridide in all communities

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 21C of Chapter 59 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking Section (h) and inserting in place thereof the following:-

(h) In a city or town, if a majority of the local appropriating authority, or the people having collected a number of signatures of registered voters equal to 10% of a city or town’s registered voters shall so require, there shall be a question placed on the ballot at a regular or special election as to whether said city or town should be required to assess taxes by a specified amount below that amount allowed pursuant to this section.  The question submitted to the voters shall be worded as follows:-

“Shall the (city/town) of _______ be required to reduce the amount of real estate and personal property taxes to be assessed for the fiscal year beginning July first, two thousand and _____ by an amount equal to $_____”

                                                                        YES                                         NO

Said question shall be deemed approved if a majority of the persons voting thereon shall vote “yes.”

SECTION 2.  Section 21C of Chapter 59 of the General Laws, as so appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-

(o) The local appropriating authority of any city or town may not seek voter approval at a regular or special election to assess taxes in excess of the amount allowed pursuant to this section unless at least twelve months have passed since that last local or state election at which such a question was placed on the local ballot.  Local voters using the initiative process in section (h) shall not seek voter approval to reduce taxes until twelve months have passed since the last such question appeared on the local ballot, unless as override vote is scheduled during this twelve month period.