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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO EXCISE TAX REVENUE FOR THE TOWN OF CHATHAM’S OTHER POST-EMPLOYMENT BENEFITS LIABILITY TRUST FUND.

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.  Notwithstanding chapter 59 of the General Laws or any other general or special law to the contrary, upon expiration of the Cape Cod Open Space Land Acquisition Program, hereafter referred to as the Cape Cod Land Bank, on January 1, 2020, the town of Chatham may impose an additional excise tax on real property located in the town of Chatham in an amount equal to 1.5 per cent of the real estate tax levy against that property. The additional excise tax shall initiate with the next fiscal year for real estate tax bills following the vote of the town legislative body to approve the additional excise tax. The amount of the additional excise tax shall not be included in the calculation of total taxes assessed for purposes of section 21C of chapter 59 of the General Laws, and all exemptions and abatements of real property tax authorized by said chapter 59 or any other law for which a taxpayer qualifies and is eligible shall not be affected by this act.

SECTION 2.  Section 35 of chapter 60 of the General Laws shall apply to the additional excise tax authorized by this act.

SECTION 3.  Notwithstanding section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the additional excise tax revenue authorized by this act shall be deposited into the town of Chatham’s Other Post-Employment Benefits Liability Trust Fund, established under section 20 of chapter 32B of the General Laws, and may be invested or expended solely for the purposes set forth in said section 20 of said chapter 32B.

SECTION 4.  The excise taxing authority established by this act shall expire at the conclusion of the tenth fiscal year after the initiation of the tax. In the event that the town of Chatham’s Other Post-Employment Benefits Liability Trust Fund is not projected to become self-sustaining by that date, the town, by vote of its town meeting, may extend the term of the taxing authority for such additional term as it may deem appropriate. The town, by vote of town meeting, may also terminate the taxing authority established in this act prior to the conclusion of the tenth fiscal year after the initiation of the tax upon request of its board of selectmen.

SECTION 5.  This act shall take effect upon its passage.

Approved, January 9, 2019.