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| Georgia General Assembly |
SB3.html
01 LC 11 0108
Senate Bill
3
By: Senator Ladd of the 41st
A BILL TO BE
ENTITLED
AN ACT
To amend an Act known as the "Metropolitan Atlanta Rapid
Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243),
as amended, so as to provide for a future extension of the 1 percent sales and
use tax rate for the authority, conditioned upon certain contract amendments or
approval in a referendum; to provide for procedures; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
An Act known as the "Metropolitan Atlanta Rapid Transit
Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as
amended, is amended by striking paragraph (1) of subsection (b) of Section 25
and inserting in its place a new paragraph (1) to read as
follows:
"(b)(1)(A) Rate
of Tax. The tax when levied shall be at the rate of one
(1%) 1 percent until and including June 30,
2047 2032, and shall thereafter be reduced to one-half
(½%) of one 1 percent except
that the tax shall be at the rate of 1 percent until and including June 30,
2047, and shall thereafter be reduced to one-half of 1 percent
if:
(i) All the local governments which
have entered into a rapid transit contract with the authority and which have
imposed the tax under this section have amended that contract, prior to the date
this paragraph becomes effective in 2001, to require their levy of the tax at
the rate of 1 percent until and including June 30, 2047, with the rate
thereafter being reduced to one-half of 1 percent;
or
(ii) That extension at the rate of 1
percent until and including June 30, 2047, with the rate thereafter being
reduced to one-half of 1 percent, is approved in a referendum as provided in
subparagraph (B) of this paragraph. Said tax shall be added to the
State Sales and Use Tax state sales and use tax imposed
by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State
Revenue Commissioner state revenue commissioner is
hereby authorized and directed to establish a bracket system by
appropriate rules and regulations to collect the tax herein
imposed under this section in the areas
affected.
(B) Rate extension; Referendum. The
extension of the 1 percent rate until and including June 30, 2047, as authorized
under division (ii) of subparagraph (A) of this paragraph, shall be conditioned
upon approval by a majority of the qualified electors of each of those local
governments referred to and defined in subsection (e) of Section 2 of this Act
which have entered into a rapid transit contract with the authority and which
have imposed the tax under this section. Whenever the governing authorities of
such local governments wish to submit to such electors the question of whether
the 1 percent sales and use tax rate shall be so extended, all such governing
authorities shall notify their respective election superintendents by forwarding
to the superintendents a copy of a resolution of the governing authority calling
for a referendum election. Upon receipt of the resolution, it shall be the duty
of each election superintendent to issue the call for an election for the
purpose of submitting the question of the extension of the 1 percent sales and
use tax rate to the voters of the local government for approval or rejection.
The election superintendents shall issue the call and shall conduct the election
on a date and in the manner authorized under Code Section 21-2-540. All such
elections shall only be conducted on the same date and in conjunction with one
another. The election superintendents shall cause the date and purpose of the
election to be published once a week for two weeks immediately preceding the
date of the election in the official organ of each such local government. The
ballot shall have written or printed thereon the following
question:
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'( ) YES
( ) NO
|
Shall the 1 percent rate of the MARTA sales and use tax
be extended until and including June 30, 2047?'
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All persons desiring to vote in favor of extending
the 1 percent sales and use tax rate shall vote 'Yes,' and those persons opposed
to extending the rate shall vote 'No.' If more than one-half of the votes cast
by the qualified electors of each local government which has imposed the tax
under this section are in favor of extending the rate, then the rate shall be
extended in accordance with division (ii) of subparagraph (A) of this paragraph;
otherwise, the 1 percent sales and use tax rate shall not be extended pursuant
to this subparagraph (B), and the question of the extension of the rate may not
again be submitted to the voters until after 24 months immediately following the
month in which the election was held. It shall be the duty of the election
superintendents to hold and conduct such elections under the same rules and
regulations as govern special elections. It shall be each superintendent´s
further duty to canvass the returns, declare the result of the election, and
certify the result to the Secretary of State and to the state revenue
commissioner. The expense of an election shall be borne by the local government
holding the
election."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.