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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:
'(  )  YES
 (  )  NO
Shall the 1 percent rate of the MARTA sales and use tax be extended until and including June 30, 2047?'

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.