09 LC
34 2163S
The
House Committee on Transportation offers the following substitute to HB
277:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 32 of the Official Code of Georgia Annotated, relating to highways,
bridges, and ferries, so as to provide for a short title; to provide for
definitions; to create the Georgia 2020 Transportation Trust Fund Oversight
Committee and to provide for its membership, powers, and duties; to provide
criteria for expenditures from the Transportation Trust Fund; to provide for
allocation of funds from the trust fund; to provide a list of programs or
projects to be funded through the trust fund; to amend Title 48 of the Official
Code of Georgia Annotated, relating to revenue and taxation, so as to implement
the additional 1 percent special transportation sales and use tax; to provide
for the deposit of the proceeds of the special transportation sales and use tax
into the Transportation Trust Fund; to provide for related matters; to provide
for multiple effective dates and automatic repeal; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by adding at the end thereof a new chapter to read as
follows:
"CHAPTER
12
32-12-1.
This
chapter shall be known and may be cited as 'The Georgia 2020 Transportation
Act.'
32-12-2.
As
used in this chapter, the term:
(1)
'Authority' means the State Road and Tollway Authority, created by Article 2 of
Chapter 10 of this title, or another successor agency or authority which may
divest the State Road and Tollway Authority of its powers.
(2)
'Commission' means each metropolitan area planning and development commission
activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title
50.
(3)
'Committee' means the Georgia 2020 Transportation Trust Fund Oversight Committee
created by Article III, Section XI, Paragraph I of the Constitution and this
chapter.
(4)
'Cost of project' means the cost of construction, including relocation or
adjustments of utilities; the cost of all lands, properties, rights, easements,
and franchises acquired; relocation expenses; the cost of all machinery,
equipment, vehicles and facilities necessary for the operation of the project;
financing charges; interest prior to and during construction and for such a
period of time after completion of construction as shall be deemed necessary to
allow the earnings of the project to become sufficient to meet the requirements
of the bond issue, if any; the cost of engineering, legal expenses, plans and
specifications, and other expenses necessary or incident to determining the
feasibility or practicability of the project; administrative expenses; operation
and maintenance expenses; and such other expenses as may be necessary or
incident to the financing authorized in this chapter, the construction of any
project, the placing of the same in operation, and the operation and maintenance
of the same. Any obligation or expense incurred for any of the foregoing
purposes shall be regarded as a part of the cost of the project and may be paid
or reimbursed as such out of the fund or the proceeds of revenue bonds issued
under this chapter.
(5)
'Project' means any item or program identified under subsection (b) or (d) of
Code Section 32-12-7. Project also means any facility or property, real,
personal, or intangible, the lease, purchase, construction, operation, or
maintenance of which is financed in whole or in part pursuant to a program
identified in such subsections.
(6)
'Revenue' or 'revenues' shall mean any and all moneys deposited into the trust
fund, including without limitation funds derived from the additional special
transportation sales and use tax authorized by Article III, Section XI of the
Constitution and Chapter 8 of Title 48.
(7)
'Trust fund' means the fund created by Article III, Section XI, Paragraph I of
the Constitution and administered pursuant to the provisions of this
chapter.
32-12-3.
(a)
There is created the Georgia 2020 Transportation Trust Fund Oversight Committee
to be composed of three members appointed by the Governor, one of whom shall
serve in either the Georgia House of Representatives or the Georgia Senate, one
from the commission area, and one from outside the commission area, four members
of the Georgia Senate appointed by the Lieutenant Governor, and four members of
the Georgia House of Representatives appointed by the Speaker of the House of
Representatives. Two members of the committee appointed by the Lieutenant
Governor and the Speaker of the House of Representatives shall be from the
commission area, and two members of the committee appointed by the Lieutenant
Governor and the Speaker of the House of Representatives shall be from outside
the commission area. At least one member of the General Assembly appointed by
each of the foregoing appointing officials shall at the time of such appointment
and thereafter be a member of a political party other than that of the
appointing official. Members shall serve during their terms of office and until
their successors are appointed and qualified.
(b)
In the event that any vacancy for any cause shall occur in the appointed
membership of the committee, such vacancy shall be filled by an appointment made
by the official authorized by law to make such appointment within 45 days of the
occurrence of such vacancy.
(c)
The committee shall, by majority vote of those members present and voting, elect
from their number a chairperson and vice chairperson who shall serve at the
pleasure of the committee. In like manner, the committee shall also elect a
secretary, who need not necessarily be a member of the committee, and who shall
also serve at the pleasure of the committee.
(d)
The committee shall meet in regular session at least six days each year at the
state capitol in Atlanta and at such other special meetings as may be called by
the chairperson or by a majority of the members of the committee upon reasonable
written notice to all members of the committee. Further, the chairperson of the
committee is authorized from time to time to call meetings of subcommittees of
the committee which are established by committee policy and to require the
attendance of a member or members of the committee at places inside or outside
the state when, in the opinion of the chairperson, the member or members of the
committee are needed to attend properly to the committee's business. A majority
of the committee shall constitute a quorum for the transaction of all business.
Except as otherwise provided in this chapter, any power of the committee may be
exercised by a majority vote of those members present at any meeting at which
there is a quorum.
(e)
Service on the committee by employees of the state shall be a separate and
distinct duty for which they shall receive no additional compensation. Other
members of the committee shall receive no salary for service on the committee
but shall receive for each day of actual attendance at meetings of the committee
and the subcommittee meetings the per diem and transportation costs prescribed
in Code Section 45-7-21, and a like sum shall be paid for each day actually
spent in studying the transportation needs of the state or attending other
functions as a representative of the committee, not to exceed 60 days in any
calendar year, but no member shall receive such per diem for any day for which
such member receives any other per diem pursuant to such Code section. In
addition, members shall receive actual transportation costs while traveling by
public carrier or the legal mileage rate for the use of a personal automobile in
connection with such attendance and study. Such per diem and expense shall be
paid from the funds of the authority upon presentation, by members of the
committee, of vouchers approved by the chairperson and signed by the
secretary.
(f)
The committee shall be charged with oversight of the governance and
administration of the trust fund. The committee may make such recommendations
to and require such reports from the State Transportation Board, the authority,
any other agency or instrumentality of the state, any political subdivision of
the state, and any agency or instrumentality of such political subdivisions as
it may deem appropriate and necessary from time to time in the interest of the
trust fund.
(g)
Beginning January 1, 2012, and annually thereafter, the committee shall provide
a report to the General Assembly of its actions during the previous year. The
report shall be available for public inspection on the Internet. The report
shall include, but not be limited to:
(1)
An update on the progress on each program listed in subsection (b) of Code
Section 32-12-7, including the amount of funds spent on the program, if
any;
(2)
An update on the amount deposited in the trust fund and the amount expended from
the trust fund; and
(3)
A report on any new programs or projects not contained in subsection (b) of Code
Section 32-12-7 that the committee has under consideration, including any
concessions or public-private initiatives.
32-12-4.
(a)
All proceeds of the additional special transportation sales and use tax
authorized by Article III, Section XI, Paragraph III of the Constitution and
Chapter 8 of Title 48 for so long as such levy shall be required by Article III,
Section XI, Paragraph III of the Constitution to be collected and deposited in
the trust fund, and any income of investments of the trust fund, shall be
deposited in the trust fund.
(b)
For any project or program listed in subsection (b) of Code Section 32-12-7, the
authority is designated the proper entity to receive all federal-aid funds
apportioned by or otherwise made available from the federal government under 23
U.S.C.
(c)
If any provisions of this chapter are inconsistent with or contrary to any laws,
rules, regulations, or other requirements of the United States Department of
Transportation or other federal agencies, the authority is authorized and
empowered to waive such provisions of this chapter in order to resolve any such
inconsistency or conflict, it being the purpose of this chapter to enable the
authority to comply with any requirement of the federal government in order to
procure all possible federal aid and assistance for the construction or
maintenance of the public roads of Georgia and other public transportation
purposes.
(d)
With respect to any preconstruction or postconstruction expenditure, contract,
agreement, or action relating to a project or program listed in subsection (b)
of Code Section 32-12-7 that requires compliance with federal laws and
regulations, including without limitation the provisions of 23 U.S.C. Section
302 and implementing federal regulations relating thereto, the responsibility
for such compliance shall be vested in the authority, acting by and through the
executive director, who shall take all actions and execute all instruments
reasonably necessary for compliance with such federal laws and regulations and
the provisions of this chapter.
(e)
The authority is authorized, with the approval of the committee, to create such
separate accounts within the trust fund as shall be required by law or deemed
prudent and advisable from time to time, and funds deposited in any such
accounts shall be deemed to be deposited in the trust fund for purposes of this
chapter.
(f)
The authority is authorized, with the approval of the committee, to create such
separate accounts outside the trust fund as shall be required by law or deemed
prudent and advisable from time to time. All moneys received in such accounts
of any nature whatsoever shall be deemed to be funds to be held in trust and
applied solely for purposes of this chapter.
(g)
In the event that any funds of the trust fund are pledged for the payment of
bonds of the authority, the bondholders paying or entitled to receive the
benefits of such bonds of the authority shall have a lien on the funds of the
trust fund and such subsidiary or other accounts as may be created from time to
time pursuant to the provisions of this Code section until applied as provided
for in any resolution or trust indenture of the authority. (h) The authority,
in its discretion and with the approval of the committee, is charged with the
duty of pledging, utilizing, or expending the trust fund for the following
purposes:
(1)
Pledges to the payment of any revenue bond issue requirements or sinking or
reserve funds, as may be provided for under Article 2 of Chapter 10 of this
title or other provisions of this chapter, where such bonds are issued for the
financing of projects;
(2)
The payment of any outstanding unpaid revenue bond obligations or administrative
expenses related to financing of projects;
(3)
The payment of costs of all or any part of projects;
(4)
The most advantageous obtainable redemptions and retirements of the authority's
bonds issued for the financing of projects pursuant to the prepayment redemption
privileges accorded to the authority upon the various issues of bonds
outstanding;
(5)
The most advantageous open market purchase of the authority's bonds issued for
the financing of projects that the authority may accomplish;
(6)
Investment in such securities and in such manner as it determines to be in its
best interest; and
(7)
Subject to the terms of any resolution or trust indenture authorizing the
issuance of revenue bonds for the financing of projects, if applicable, the
disbursement of funds to any department, authority, instrumentality, or
political subdivision of the state, with the approval of the board, to be used
for the purposes of this chapter.
(i)
The disbursement of funds pursuant to paragraph (7) of subsection (h) of this
Code section shall be subject to the provisions of Code Section 32-12-7 and to
such terms and conditions as shall be imposed by the authority, with the
approval of the committee. Such terms and conditions shall:
(1)
Be in the form of an agreement in writing between the authority and the
recipient, executed by the executive director of the authority and the person or
persons authorized to accept such agreement on behalf of the
recipient;
(2)
Be entered in the minutes of the committee, the authority board, and the
governing authority or board of the recipient, together with approval thereof by
the committee, the authority board, and such governing authority or
board;
(3)
Include provisions for the audit of expenditures of such disbursements and the
reporting of the results of such audit to the authority, and requirements that
such disbursements be expended only for purposes authorized by this chapter;
and
(4)
Include provisions for the return of any part of such disbursement to the
authority for deposit in the trust fund where the same is not expended and for
reimbursement of the authority for any disbursements expended in substantial
violation of the terms and conditions of the agreement.
Unless
otherwise expressly stated in a contract or other legal instrument granting a
concession, all toll revenues collected by projects constructed under the
provisions of paragraph (10) of subsection (b) of Code Section 32-12-7 shall be
deposited in the trust fund until the amount deposited equals the amounts
expended from the trust fund on such projects.
(j)
Disbursement of funds from the trust fund shall be by warrant of the treasurer
of the authority to such operating, reserve, and other accounts as may be
established from time to time for further disbursement from such accounts in
accordance with procedures established by the authority and approved by the
committee.
32-12-5.
(a)
The commissioner of transportation, the executive director of the authority, and
the executive director of the Georgia Regional Transportation Authority or the
commissioner or executive director of another successor agency or authority
which may divest such agencies or authorities of their powers and the director
of each metropolitan planning organization shall make annual recommendations to
the committee for the expenditure of moneys deposited in the trust fund pursuant
to the purposes authorized by this chapter. Such recommendations shall take
into account:
(1)
Congestion mitigation and traffic relief, including congestion mitigation and
traffic relief goals established from time to time by the board of the authority
and such public bodies within the state as may be authorized to establish such
goals;
(2)
Air quality goals or requirements applicable by federal law to any region of the
state;
(3)
Economic development needs of urban, rural, and coastal areas of the state;
and
(4)
The efficient and economical application of available sources and methods of
transportation finance to the transportation needs of the state.
(b)
The committee shall have the responsibility of annually allocating moneys
available for the purposes of this chapter among the general categories of
projects set forth in paragraph (5) of Code Section 32-12-2, subject to the
provisions of Code Section 32-12-7. The authority shall have the responsibility
of coordinating the negotiation and execution of such instruments and agreements
as may be necessary or advisable for the disbursement of such moneys in general
accordance with such annual allocation. In the event that any such proposed
allocation is for any reason not feasible or practicable, it shall be the
responsibility of the committee to provide for the reallocation of such
allocation to a purpose provided for by this chapter taking into account the
guidelines provided in paragraphs (1) through (4) of subsection (a) of this Code
section. It is the intent of the General Assembly that there shall be expended
from the funds deposited into the trust fund the maximum amount allowable under
law in each fiscal year, subject to the provisions of this chapter.
32-12-6.
(a)
The authority shall not have the power to provide for the inclusion of any
project in any state transportation improvement plan, regional transportation
improvement plan, or other state, regional, or local transportation plan, but
the authority shall be empowered to negotiate with the departments, agencies,
and instrumentalities responsible for the development of such plans for the
purpose of developing recommendations for the allocation of the funds of the
trust fund or the proceeds of any bonds or obligations of the authority to
projects included on such plans; provided, however, that no project shall be
required to be included on any such plan unless otherwise provided by law. The
inclusion of funds of the trust fund or the proceeds of bonds or obligations of
the authority as proposed funding for any project included on any such plan
shall not constitute a requirement, commitment, or obligation of the authority
to provide such funding for such project unless approved by the committee, and
the authority shall at all times retain discretionary authority over the
expenditure of such funds and proceeds, subject to applicable law and such
contracts, resolutions, or indentures as the authority board may approve from
time to time.
(b)
As a condition of providing funding for any project the authority, with the
approval of the committee, may require that the recipient of such funds apply
all or any of such funds first to the reduction of any bonded indebtedness of
the recipient until the retirement of all or any part of such bonded
indebtedness.
32-12-7.
(a)
Funds allocated pursuant to this chapter derived from the proceeds of the
additional special transportation sales and use tax collected under the
provisions of Article III, Section XI, Paragraph III of the Constitution and
Chapter 8 of Title 48 shall not be subject to any allocation or balancing of
state and federal funds provided for by general law, nor may such proceeds be
considered or taken into account in any such allocation or balancing, except as
provided in this chapter.
(b)
An amount of funds from the trust fund equal to the lesser of $25 billion or the
amount of the proceeds of the additional special transportation sales and use
tax collected under the provisions of Article III, Section XI, Paragraph III of
the Constitution and Chapter 8 of Title 48 for the first ten years of the
collection of such tax less collection costs and other allocations provided for
by law shall be expended or contractually committed to capital construction
programs within 11 years of the first day of the fiscal year beginning July 1,
2011, or to operation and maintenance costs for transit or multimodal projects
constructed under paragraph (4) or (5) or listed in paragraphs (18) through (25)
of this subsection within 21 years of the first day of the fiscal year beginning
July 1, 2011, prioritized based on the date of final permitting and approval by
the authority:
(1)
On a program of state-wide projects of regional significance to improve
transportation routes among and between municipalities and regions outside the
largest urban areas of the state including but not limited to:
S.R.
400 from S.R. 20 to I-285 North (managed lanes)
S.R.
92 from I-75 South to I-75 North (including Third Army Road
Interchange)
S.R.
316 from Athens Loop to I-85 (grade separation and managed lanes)
S.R.
20 from I-75 to S.R. 316
I-575
from I-75 to S.R. 372 (including reconstruct interchange at Sixes
Road)
I-985
from I-85 to U.S. 129 (including new interchange at Martin Road, Exit
14);
(2)
On a program of state-wide economic development corridors to promote commerce
and industry in underdeveloped areas of the state including but not limited
to:
S.R.
133 from U.S. 19 to I-75 (between Albany and Valdosta)
Fall
Line Freeway from Crawford Road to S.R. 68
U.S.
1 from I-16 to Altamaha River (including Lyons Bypass)
S.R.
44 from I-20 to Linger-Longer
S.R.
11 Monroe Bypass
I-95
new interchange at Exit 82, Belfast-Siding Road
I-95
reconstruct interchange at S.R. 99 (including the Golden Isles Parkway, Spur 25
Ext.);
(3)
On a program of state-wide freight route corridors to relieve congestion by
removing truck traffic from urban areas and to improve the movement of freight
into and across the state including but not limited to:
U.S.
441 from I-16 to U.S. 29 (including transfer station in Dublin)
U.S.
29 (Athens Loop) from U.S. 441 to S.R. 316
S.R.
96 from I-16 to Fort Valley
U.S.
27 ALT. from I-185 to U.S. 27 (LaGrange Bypass)
Effingham
Parkway from S.R. 119 to S.R. 21
Jimmy
DeLoach Parkway from S. R. 21 to Port Gate (Port Last Mile Project)
U.S.
84 from Homerville to Waycross
S.R.
25 bridge over the existing freight rail lines at the port in Garden
City;
(4)(A)
On a program of grants for local transportation flex funds in the following
communities located outside the commission area:
Augusta-Richmond
Columbus-Muscogee
Savannah
Athens-Clarke
Macon
Albany
Warner-Robins
Valdosta
Rome
Gainesville
Dalton
Hinesville
Newnan
LaGrange
Statesboro
Griffin
Carrollton
Evans
Milledgeville
Thomasville
Cartersville
Dublin
St.
Mary's
Americus
Tifton
Brunswick
Moultrie
Waycross
Covington
Calhoun;
(B)
Where a community lies within the boundaries of a municipal corporation, the
municipal corporation shall be the recipient of the transportation flex funds.
Where a community lies in an unincorporated area of a county, the county
government shall be the recipient of the transportation flex funds. The county
shall hold such funds in a separate account and such funds shall only be
expended in the community that was the intended recipient of such
funds.
(5)
On a program of grants for local transportation flex funds in counties
contiguous to the commission area including:
Forsyth
Paulding
Coweta;
(6)
On a program of road improvement grants to supplement local assistance road
project grants in counties and cities located outside the commission
area;
(7)
On a program of road improvement grants to supplement state-aid grants in
counties and cities located outside the commission area;
(8)
On a program of unpaved road improvement grants to counties and cities located
outside the commission area;
(9)
On a program of bridge improvement grants to counties and cities located outside
the commission area;
(10)
On a program to provide for the addition and operation of managed traffic lanes
serving the commission area including:
The
I-75 South Corridor beginning at Aviation Boulevard and ending at S.R.
155
The
I-75 and I-575 Northwest Corridor, including lanes from I-285 at I-75 continuing
north ending at Hickory Grove Road and from the I-75 at I-575 interchange north
on I-575 ending at Sixes Road
I-20
West from the interchange at Hamilton E. Holmes westward ending at S.R.
6;
(11)
On a program of interchange improvements to provide congestion mitigation on
state and federal corridors serving the largest population concentrations in the
state including but not limited to:
I-75
and I-285 North (including Windy Hill Road and Kennedy)
I-75
and I-16
I-20
and I-285 West
I-20
and I-285 East
GA
400 and I-285 (including Ashford Dunwoody collector-distributor
system)
GA
400 and I-85;
(12)
On a program for the negotiation and granting of a concession for the
construction, improvement, and operation of a tolled roadway connection between
Interstate 75 and Interstate 85 not less than 15 miles north of the northernmost
point of Interstate 285;
(13)
On a program for the negotiation and granting of a concession for the
construction, improvement, and operation of a roadway tunnel for the improvement
of traffic flow along a north-south axis in the commission area;
(14)
On a program for the improvement of arterial roads and corridors of regional
significance serving the commission area including but not limited
to:
Ashford
Dunwoody-Perimeter Center East (DeKalb)
Buford
Highway, one project to cross through Fulton, DeKalb, and Gwinnett
counties
Commerce
Crossing (Rockdale)
Courtland
Street Bridge reconstruction (Fulton)
C.W.
Grant/S.R. 3 – Old Dixie Highway - grade separation (Clayton)
Fayetteville
East ByPass (Fayette)
Fayetteville
West ByPass (Fayette)
Moores
Mill/Bolton Road (Fulton)
Old
Alabama Road (Fulton)
Panola
Road (DeKalb)
Sigman
Road (Rockdale)
Turner
Hill Road (DeKalb)
S.R.
316/Sugarloaf Interchange (Gwinnett)
S.R.
140, to be divided into two projects, one in Fulton County and one in Cherokee
County
S.R.
141, one project to cross through Fulton and Gwinnett counties
S.R.
155 (Henry)
S.R.
162 Salem Road (Rockdale)
S.R.
42 (Henry)
S.R.
6, one project to cross through Douglas, Cobb, and Paulding
counties
S.R.
6 (Fulton)
U.S.
19/Tara Boulevard, one project across Clayton, Henry, and Spalding
counties
U.S.
41 (Cobb)
U.S.
41 including Chattahoochee River Bridge (Fulton);
(15)
On a program for the improvement of interchanges of regional significance
serving the commission area including but not limited to:
I-20
at Panola Road
I-20
at S.R. 138 and S.R. 20
I-285
at S.R. 9
I-285
at Bouldercrest Road
I-285
at S.R. 155
I-285
at S.R. 280
I-285
at U.S. 278
I-75
at Aviation Boulevard
I-75
at C.R. 824, also referred to as Jodeco Road
I-85
at S.R. 138
I-85
at S.R. 324
I-85
at S.R. 74
S.R.
316 at Collins Hill Road and S.R. 20
I-75/I-85
at 15th Street Bridge and HOV Interchange;
(16)
On a program for the improvement of traffic management within the municipal
boundaries of the City of Atlanta;
(17)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, resurfacing, and completing public general aviation
airports not serving commercial international flights;
(18)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a suburban light rail transit system in
the commission area to include: an East Line proceeding along I-20 from the
Garnett Station to Turner Hill Road; a North Suburban Line beginning on or
adjacent to the campus of Kennesaw State University proceeding south along I-75
to Smyrna; the North Perimeter Line along I-285 with a link to connect to the
Dunwoody Station continuing along I-285 to the Doraville Station; and a
Northeast Line proceeding north along I-85 to the general vicinity of Sugarloaf
Parkway;
(19)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a commuter rail line linking the area
encompassed by the consolidated government of Athens-Clarke County with the
commission area;
(20)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a commuter rail line linking Atlanta with
Cartersville, subject to the availability of federal funds;
(21)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a commuter rail line linking Atlanta with
Lovejoy;
(22)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a commuter rail line linking Lovejoy with
Griffin, subject to the availability of federal funds;
(23)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a multimodal transportation hub
integrating regional and state-wide modes of transportation within the City of
Atlanta;
(24)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating one or more streetcar lines within the
City of Atlanta;
(25)
On a program to pay all or part of the costs of planning, surveying,
constructing, improving, and operating a circulator transit system or 'Beltline'
within the City of Atlanta;
(26)
On a program to provide for improved nonmotorized access to destinations served
by transportation facilities; and
(27)
On a program to study the feasibility of a high-speed or magnetic levitation
rail line for movement of passengers and freight linking the commission area to
the Georgia Ports Authority Facilities on the Savannah River.
Funds
provided for the foregoing programs shall be additional and supplemental to
funds otherwise allocated for any of such programs pursuant to appropriation or
to applicable state or local transportation plans. In the event that two or
more local governments receiving funds pursuant to the provisions of this
subsection elect to expend all or part of such funds on one or more
multijurisdictional projects which the authority deems is a project of regional
significance, the authority, with the approval of the committee and upon joint
application by such local governments, is authorized to provide matching funds,
in addition to funds otherwise provided pursuant to this chapter, for such
projects from funds available to the authority.
(c)
In the event that the amount available for expenditure from the trust fund
pursuant to the provisions of subsection (b) of this Code section is less than
$25 billion, and that such sum together with other available funds is inadequate
to fund the full cost of one or more of the programs provided for in subsection
(b) of this Code section, the authority shall:
(1)
Seek supplemental funding from any authorized state agency or authority, the
General Assembly, or other sources sufficient to cover the difference between
available funds and $25 billion;
(2)
Reduce by majority vote of the board of the authority, with the approval of the
committee, the allocation to any individual programs identified in subsection
(b) of this Code section in such sums as necessary to reduce the overall cost of
such programs to the sum available; provided, however, that no program shall be
reduced to a sum which the committee, by majority vote, determines to be
insufficient to achieve reasonable results for such program; or
(3)
Eliminate by the vote of two-thirds of the members to which the board of the
authority is entitled, with the approval of the committee, such programs as
necessary to reduce the overall cost of such programs to the sum available;
provided, however, that in the event of a reauthorization of the tax provided
for under the provisions of Article III, Section XI, Paragraph III of the
Constitution, such eliminated programs shall be reinstated and shall have first
priority for expenditure of the proceeds of such reauthorized tax; provided,
further, if such eliminated program is determined by the vote of two-thirds of
the board of the authority and ratified by the vote of two-thirds of the
committee to be infeasible to the extent that it not be reinstated, such project
shall be eliminated from the program contained in subsection (b) of this Code
section. Any decision of the board of the authority implementing the provisions
of this paragraph, and of the committee approving such decision, shall cite the
provisions of this paragraph and provide for the reinstatement of such programs
as provided for in this paragraph.
(d)
In the event that the amount available for expenditure from the trust fund
pursuant to the provisions of subsection (b) of this Code section is greater
than $25 billion, or that such sum together with other available funds exceeds
the amount necessary to fund the full cost of one or more of the programs
provided for in subsection (b) of this Code section, including the maintenance
and operating costs of the transit projects contained in paragraphs (18) through
(25) of subsection (b) of this Code section, the authority shall institute such
other and further programs as, in the opinion of the authority board and with
the concurrence of the committee, will serve the purposes of this
chapter."
SECTION
1-2.
Said
title is further amended by revising paragraph (15) of Code Section 32-10-63,
relating to the powers of the State Road and Tollway Authority, as
follows:
"(15)
To do all things necessary or convenient to carry out the powers expressly given
in this article
or Chapter 12
of this title."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising subsections (a) and (b) of Code Section 48-8-3.1,
relating to exemptions from sales and use taxes for motor fuels, as
follows:
"(a)
Except as provided in subsection (b) of this Code section, sales of motor fuels
as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the
first 3 percent of the sales and use taxes levied or imposed by this article and
shall be subject to the remaining 1 percent of the sales and use taxes levied or
imposed by this article
and shall be
subject to the 1 percent additional special transportation sales and use
tax.
(b)
Sales of motor fuel other than gasoline which motor fuel other than gasoline is
purchased for purposes other than propelling motor vehicles on public highways
as defined in Article 1 of Chapter 9 of this title shall be fully subject to the
4 percent sales and use taxes levied or imposed by this article unless otherwise
specifically exempted by this article
and shall be
subject to the 1 percent additional special transportation sales and use
tax."
SECTION
2-2.
Said
title is further amended by revising Code Section 48-8-30, relating to the rate
and imposition of the state sales and use tax, as follows:
"48-8-30.
(a)
There is levied and imposed a tax on the retail purchase, retail sale, rental,
storage, use, or consumption of tangible personal property and on the services
described in this article.
(b)(1)
Every purchaser of tangible personal property at retail in this state shall be
liable for a tax on the purchase at the rate of 4 percent of the sales price of
the purchase
and an
additional special transportation sales and use tax at the rate of 1 percent of
the sales price of the purchase. The tax
shall be paid by the purchaser to the retailer making the sale, as provided in
this article. The retailer shall remit the tax to the commissioner as provided
in this article and, when received by the commissioner, the tax shall be a
credit against the tax imposed on the retailer. Every person making a sale or
sales of tangible personal property at retail in this state shall be a retailer
and a dealer and shall be liable for a tax on the sale at the rate of
4
5
percent of the gross sale or gross
sales,
or the amount of taxes collected by him
or
her from his
or
her purchaser or purchasers, whichever is
greater.
(2)
No retail sale shall be taxable to the retailer or dealer which is not taxable
to the purchaser at retail.
(c)(1)
Upon the first instance of use, consumption, distribution, or storage within
this state of tangible personal property purchased at retail outside this state,
the owner or user of the property shall be a dealer and shall be liable for a
tax at the rate of 4 percent of the cost price
and an
additional special transportation sales and use tax at the rate of 1 percent of
the cost price, except as provided in
paragraph (2) of this subsection.
(2)
Upon the first instance of use, consumption, distribution, or storage within
this state of tangible personal property purchased at retail outside this state
and used outside this state for more than six months prior to its first use
within this state, the owner or user of the property shall be a dealer and shall
be liable for a tax at the rate of 4 percent of the cost price or fair market
value of the property, whichever is the lesser
and an
additional special transportation sales and use tax at the rate of 1 percent of
the cost price or fair market value of the property, whichever is the
lesser.
(3)
This subsection shall not be construed to require a duplication in the payment
of the tax. The tax imposed by this subsection shall be subject to the credit
otherwise granted by this article for like taxes previously paid in another
state.
(c.1)(1)
Every purchaser of tangible personal property at retail outside this state from
a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section
48-8-2, when such property is to be used, consumed, distributed, or stored
within this state, shall be liable for a tax on the purchase at the rate of 4
percent of the sales price of the
purchase and
an additional special transportation sales and use tax at the rate of 1 percent
of the sales price of the purchase. It
shall be prima-facie evidence that such property is to be used, consumed,
distributed, or stored within this state if that property is delivered in this
state to the purchaser or agent thereof. The tax shall be paid by the purchaser
to the retailer making the sale, as provided in this article. The retailer
shall remit the tax to the commissioner as provided in this article and, when
received by the commissioner, the tax shall be a credit against the tax imposed
on the retailer. Every person who is a dealer, as defined in subparagraph (H)
of paragraph (3) of Code Section
48-8-2,
and who makes any sale of tangible personal property at retail outside this
state which property is to be delivered in this state to a purchaser or
purchaser's agent shall be a retailer and a dealer for purposes of this article
and shall be liable for a tax on the sale at the rate of
4
5
percent of such gross sales or the amount of tax as collected by that person
from purchasers having their purchases delivered in this state, whichever is
greater.
(2)
No retail sale shall be taxable to the retailer or dealer which is not taxable
to the purchaser at retail. The tax imposed by this subsection shall be subject
to the credit otherwise granted by this article for like taxes previously paid
in another state. This subsection shall not be construed to require a
duplication in the payment of the tax.
(d)(1)
Every person to whom tangible personal property in the state is leased or rented
shall be liable for a tax on the lease or rental at the rate of 4 percent of the
gross lease or rental charge
and an
additional special transportation sales and use tax at the rate of 1 percent of
the gross lease or rental charge. The tax
shall be paid to the person who leases or rents the property by the person to
whom the property is leased or rented. A person who leases or rents property to
others as a dealer under this article shall remit the tax to the commissioner as
provided in this article. When received by the commissioner, the tax shall be a
credit against the tax imposed on the person who leases or rents the property to
others. Every person who leases or rents tangible personal property in this
state to others shall be a dealer and shall be liable for a tax on the lease or
rental at the rate of
4
5
percent of the gross lease or rental
proceeds,
or the amount of taxes collected by him
or
her from persons to whom he
or
she leases or rents tangible personal
property, whichever is greater.
(2)
No lease or rental shall be taxable to the person who leases or rents tangible
property to another which is not taxable to the person to whom the property is
leased or rented.
(3)
The lessee of both taxable and exempt property in this state under a single
lease agreement containing a lease period of ten years or more shall have the
option to discharge in full all sales and use taxes imposed by this article
relating to the tangible personal property by paying in a lump sum
4
5
percent of the fair market value of the tangible personal property at the date
of inception of the lease agreement in the same manner and under the same
conditions applicable to sales of the tangible personal property.
(e)
Upon the first instance of use within this state of tangible personal property
leased or rented outside this state, the person to whom the property is leased
or rented shall be a dealer and shall be liable for a tax at the rate of 4
percent of the rental charge paid to the person who leased or rented the
property and
an additional special transportation sales and use tax at the rate of 1 percent
of the rental charge, subject to the
credit authorized for like taxes previously paid in another state.
(e.1)(1)
Every person who leases, as lessor, or rents tangible personal property outside
this state for use within this state shall be liable for a tax at the rate of 4
percent of the rental charge paid for that lease or rental
and an
additional special transportation sales and use tax at the rate of 1 percent of
the rental charge paid for that lease or
rental, if that person is a dealer, as
defined in subparagraph (H) of paragraph (3) of Code Section
48-8-2,
and title to that property remains in that person. It shall be prima-facie
evidence that such property is to be used within this state if that property is
delivered in this state to the lessee or renter of such property, or to the
agent of either. The tax shall be paid by the lessee or renter and payment of
the tax shall be made to the lessor or person receiving rental payments for that
property, which person shall be the dealer for purposes of this article. The
dealer shall remit the tax to the commissioner as provided in this article and,
when received by the commissioner, the tax shall be a credit against the tax
imposed on the dealer. Every person who is a dealer, as defined in subparagraph
(H) of paragraph (3) of Code Section
48-8-2,
and who leases or rents tangible personal property outside this state to be
delivered in this state to the lessee, renter, or agent of either shall be a
dealer and shall be liable as such for a tax on the lease or rental at the rate
of
4
5
percent of the gross proceeds from such leases or rentals or the amount of taxes
collected by that dealer for leases or rentals of tangible personal property
delivered in this state, whichever is greater.
(2)
No lease or rental shall be taxable to the dealer which is not taxable to the
lessee or renter. The tax imposed by this subsection shall be subject to the
credit granted by this article for like taxes previously paid in another state.
This subsection shall not be construed to require a duplication in the payment
of the tax.
(f)(1)
Every person purchasing or receiving any service within this state, the purchase
of which is a retail sale, shall be liable for tax on the purchase at the rate
of 4 percent of the gross charge or charges made for the purchase
and an
additional special transportation sales and use tax at the rate of 1 percent of
the gross charge or charges made for the
purchase. The tax shall be paid by the
person purchasing or receiving the service to the person furnishing the service.
The person furnishing the service, as a dealer under this article, shall remit
the tax to the commissioner as provided in this article; and, when received by
the commissioner, the tax shall be a credit against the tax imposed on the
person furnishing the service. Every person furnishing a service, the purchase
of which is a retail sale, shall be a dealer and shall be liable for a tax on
the sale at the rate of
4
5
percent of the gross charge or charges made for furnishing the
service,
or the amount of taxes collected by him
or
her from the person to whom the service is
furnished, whichever is greater.
(2)
No sale of services shall be taxable to the person furnishing the service which
is not taxable to the purchaser of the service.
(g)
Whenever a purchaser of tangible personal property under subsection (b) or (c.1)
of this Code section, a lessee or renter of the property under subsection (d) or
(e.1) of this Code section, or a purchaser of taxable services under subsection
(f) of this Code section does not pay the tax imposed upon him or her to the
retailer, lessor, or dealer who is involved in the taxable transaction, the
purchaser, lessee, or renter shall be a dealer himself or herself and the
commissioner, whenever he or she has reason to believe that a purchaser or
lessee has not so paid the tax, may assess and collect the tax directly against
and from the purchaser, lessee, or renter, unless the purchaser, lessee, or
renter shows that the retailer, lessor, or dealer who is involved in the
transaction has nevertheless remitted to the commissioner the tax imposed on the
transaction. If payment is received directly from the purchaser, it shall not
be collected a second time from the retailer, lessor, or dealer who is
involved.
(h)
The tax imposed by this Code section shall be collected from the dealer and paid
at the time and in the manner provided in this article. Any person engaging or
continuing in business as a retailer and wholesaler or jobber shall pay the tax
imposed on the gross proceeds of retail sales of the business at the rate
specified when proper books are kept showing separately the gross proceeds of
sales for each business. If the records are not kept separately, the tax shall
be paid as a retailer or dealer on the gross sales of the business. For the
purpose of this Code section, all sales through any one vending machine shall be
treated as a single sale. The gross proceeds for reporting vending sales shall
be treated as if the tax is included in the sale and the taxable proceeds shall
be net of the tax included in the sale.
(i)
The tax levied by this Code section is in addition to all other taxes, whether
levied in the form of excise, license, or privilege taxes, and shall be in
addition to all other fees and taxes levied.
(j)
In the event any distributor licensed under Chapter 9 of this title purchases
any motor fuel on which the prepaid state tax or prepaid local tax or both have
been imposed pursuant to this Code section and resells the same to a
governmental entity that is totally or partially exempt from such tax under
paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to
either a credit or refund. The amount of the credit or refund shall be the
prepaid state tax or prepaid local tax or both rates for which such governmental
entity is exempt multiplied by the gallons of motor fuel purchased for its
exclusive use. To be eligible for the credit or refund, the distributor shall
reduce the amount such distributor charges for the fuel sold to such
governmental entity by an amount equal to the tax from which such governmental
entity is exempt. Should a distributor have a liability under this Code
section, the distributor may elect to take a credit for those sales against such
liability.
(k)
The prepaid local tax shall be imposed at the time tax is imposed under
subparagraph (b)(2)(B) of Code Section 48-9-14.
(l)
An amount equal to the proceeds of the 1 percent additional special
transportation sales and use tax levied by this Code section shall be paid over
by the commissioner after collection to the treasurer of the State Road and
Tollway Authority pursuant to Article III, Section XI, Paragraph III of the
Constitution and the provisions of Chapter 12 of Title 32 for deposit into the
trust fund authorized by such provisions for so long as authorized by Article
III, Section XI, Paragraphs III and IV of the Constitution. In the event that
the levy of said 1 percent additional special transportation sales and use tax
and the deposit thereof into such fund shall be disapproved at any time pursuant
to the provisions of Article III, Section XI, Paragraphs III and IV of the
Constitution, it shall be the duty of the commissioner to provide by rule and
regulation for the cessation of the levy of such 1 percent additional special
transportation sales and use tax and the reduction of the rate of the tax levied
by this Code section to 4 percent as of the date provided for by such Paragraph,
regardless of whether the General Assembly shall provide by law for such
reduction. In the event that, pursuant to the provisions of such Paragraph,
such levy and deposit of such 1 percent additional special transportation sales
and use tax shall thereafter be approved, it shall be the duty of the
commissioner to provide by rule and regulation for the reinstitution of such
levy and the increase of the rate of the tax provided for by this Code section
to the rate of 5 percent as of the date provided for by such Paragraph,
regardless of whether the General Assembly shall provide by law for such
reinstitution."
SECTION
2-3.
Said
title is further amended by revising Code Section 48-8-32, relating to
collection of the tax from dealers, as follows:
"48-8-32.
The
tax at the rate of
4
5
percent of the retail sales price at the time of sale or
4
5
percent of the cost price at the time of purchase, as the case may be, shall be
collectable from all persons engaged as dealers in the sale at retail, or in the
use, consumption, distribution, or storage for use or consumption in this state
of tangible personal property."
SECTION
2-4.
Said
title is further amended by revising Code Section 48-8-43, relating to the
disposition of certain excess taxes, as follows:
"48-8-43.
When
the tax collected for any period is in excess of
4
5
percent, the total tax collected shall be paid over to the commissioner less the
compensation to be allowed the dealer."
SECTION
2-5.
Said
title is further amended by revising subsection (e) of Code Section 48-8-63,
relating to the payment of the tax by certain contractors, as
follows:
"(e)(1)
Any subcontractor who enters into a construction contract with a general or
prime contractor shall be liable under this article as a general or prime
contractor. Any general or prime contractor who enters into any construction
contract or contracts with any nonresident subcontractor, where the total amount
of such contract or contracts between such general or prime contractor and any
nonresident subcontractors on any given project equals or exceeds
$250,000.00,
shall withhold up to
4
5
percent of the payments due the nonresident subcontractor in satisfaction of any
sales or use taxes owed this state.
(2)
The prime or general contractor shall withhold payments on all contracts that
meet the criteria specified in paragraph (1) of this subsection until the
nonresident subcontractor furnishes such prime or general contractor with a
certificate issued by the commissioner showing that all sales taxes accruing by
reason of the contract between the nonresident subcontractor and the general or
prime contractor have been paid and satisfied. If the prime or general
contractor for any reason fails to withhold up to
4
5
percent of the payments due the nonresident subcontractor under their contract,
such prime or general contractor shall become liable for any sales or use taxes
due or owed this state by the nonresident subcontractor."
SECTION
2-6.
Said
title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of
subsection (a) of Code Section 48-13-51, relating to the excise tax on rooms,
lodgings, and accommodations, as follows:
"(3.1)
Notwithstanding any other provision of this subsection, a county (within the
territorial limits of the special district located within the county) and the
municipalities within a county in which a trade and convention center authority
has been created by intergovernmental contract between a county and one or more
municipalities located therein, and which trade and convention center authority
is in existence on or before March 21, 1988, and which trade and convention
center authority has not constructed or operated any facility before March 21,
1988, may levy a tax under this Code section at a rate of 6 percent. A county
or municipality levying a tax pursuant to this paragraph shall expend (in each
fiscal year during which the tax is collected under this paragraph (3.1)) an
amount equal to at least 62 1/2 percent of the total taxes collected at the rate
of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade
shows; (B) funding, supporting, acquiring, constructing, renovating, improving,
and equipping buildings, structures, and facilities, including, but not limited
to, a trade and convention center, exhibit hall, conference center, performing
arts center, accommodations facilities including food service, or any
combination thereof, for convention, trade show, athletic, musical, theatrical,
cultural, civic, and performing arts purposes and other events and activities
for similar and related purposes, acquiring the necessary property therefor,
both real and personal, and funding all expenses incident thereto, and
supporting, maintaining, and promoting such facilities owned, operated, or
leased by or to the local trade and convention center authority; or (C) for some
combination of such purposes; provided, however, that at least 50 percent of the
total taxes collected at the rate of 6 percent shall be expended for the
purposes specified in subparagraph (B) of this paragraph (3.1). Amounts so
expended shall be expended only through a contract or contracts with the state,
a department of state government, a state authority, a convention and visitors
bureau authority created by local Act of the General Assembly for a
municipality, a local building authority created by local constitutional
amendment, and a trade and convention center authority created by
intergovernmental contract between a county and one or more municipalities
located therein, or a private sector nonprofit organization or through a
contract or contracts with some combination of such entities. The aggregate
amount of all excise taxes imposed under this paragraph (3.1) and all sales and
use taxes, and other taxes imposed by a county or municipality, or both, shall
not exceed
13
14
percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not
later than December 31, 2029, provided that during any period during which there
remains outstanding any obligation issued to fund a facility as contemplated by
this paragraph (3.1), secured in whole or in part by a pledge of a tax
authorized under this Code section, the powers of the counties and
municipalities to impose and distribute the tax imposed by this paragraph (3.1)
shall not be diminished or impaired by the state and no county or municipality
levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in
any manner that will impair the interests and rights of the holder of any such
obligation. This proviso shall be for the benefit of the holder of any such
obligation and, upon the issuance of any such obligation by a building authority
created by local constitutional amendment, shall constitute a contract with the
holder of such obligation. Notwithstanding any other provision of this Code
section to the contrary, as used in this paragraph (3.1), the term: 'fund' or
'funding' shall include the cost and expense of all things deemed necessary by a
building authority created by local constitutional amendment for the
construction and operation of a facility or facilities including but not limited
to the study, operation, marketing, acquisition, construction, financing,
including the payment of principal and interest on any obligation of the
building authority created by local constitutional amendment and any obligation
of the building authority created by local constitutional amendment to refund
any prior obligation of the building authority created by local constitutional
amendment, development, extension, enlargement, or improvement of land, waters,
property, streets, highways, buildings, structures, equipment, or facilities and
the repayment of any obligation incurred by an authority in connection
therewith; 'obligation' shall include bonds, notes, or any instrument creating
an obligation to pay or reserve moneys and having an initial term of not more
than 37 years; and 'facility' or 'facilities' shall mean any of the buildings,
structures, and facilities described in subparagraph (B) of this paragraph (3.1)
and any associated parking areas or improvements originally owned or operated
incident to the ownership or operation of such facility used for any purpose or
purposes specified in subparagraph (B) of this paragraph (3.1) by a building
authority created by local constitutional amendment."
"(4.1)
Notwithstanding any other provision of this subsection, a county (within the
territorial limits of the special district located within the county) or
municipality within a county in which a coliseum authority has been created by
local Act of the General Assembly and which authority is in existence on or
before July 1, 1963, for the purpose of owning or operating a facility, may levy
a tax under this Code section at a rate of 7 percent. A county or municipality
levying a tax pursuant to this paragraph shall expend (in each fiscal year
during which the tax is collected under this paragraph (4.1)) an amount equal to
at least 62 1/2 percent of the total taxes collected at the rate of 7 percent
for the purpose of: (A) promoting tourism, conventions, and trade shows; (B)
funding and supporting a facility owned or operated by such coliseum authority;
or (C) for some combination of such purposes. Amounts so expended shall be
expended only through a contract or contracts with the state, a department of
state government, a state authority, a convention and visitors bureau authority
created by local Act of the General Assembly for a municipality, a local
coliseum authority, or a private sector nonprofit organization, or through a
contract or contracts with some combination of such entities, except that
amounts expended for purpose (B) may be so expended in any otherwise lawful
manner without the necessity of a contract. The aggregate amount of all excise
taxes imposed under this paragraph (4.1) and all sales and use taxes, and other
taxes imposed by a county or municipality, or both, shall not exceed
12
13
percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not
later than December 31, 2028, provided that during any period during which there
remains outstanding any obligation which is incurred prior to January 1, 1995,
issued to fund a facility as contemplated by this paragraph (4.1), and secured
in whole or in part by a pledge of a tax authorized under this Code section, the
powers of the counties and municipalities to impose and distribute the tax
imposed by this paragraph (4.1) shall not be diminished or impaired by the state
and no county or municipality levying the tax imposed by this paragraph (4.1)
shall cease to levy the tax in any manner that will impair the interest and
rights of the holders of any such obligation. This proviso shall be for the
benefit of the holder of any such obligation and, upon the issuance of any such
obligation by a coliseum and exhibit hall authority, shall constitute a contract
with the holder of such obligations. Notwithstanding any other provision of
this Code section to the contrary, as used in this paragraph (4.1), the term:
'fund' and 'funding' shall include the cost and expense of all things deemed
necessary by a local coliseum authority for the construction, renovation, and
operation of a facility including but not limited to the study, operation,
marketing, acquisition, construction, finance, development, extension,
enlargement, or improvement of land, waters, property, streets, highways,
buildings, structures, equipment, or facilities, and the repayment of any
obligation incurred by a local coliseum authority in connection therewith;
'obligation' shall include bonds, notes, or any instrument creating an
obligation to pay or reserve moneys incurred prior to January 1, 1995, and
having an initial term of not more than 30 years; and 'facility' shall mean a
coliseum or other facility and any associated parking areas or improvements
originally owned or operated incident to the ownership or operation of a
facility used for convention and trade show purposes or amusement purposes,
educational purposes, or a combination thereof and for fairs, expositions, or
exhibitions in connection therewith by a local coliseum
authority."
"(5.1)
Notwithstanding any other provision of this subsection, a county (within the
territorial limits of the special district located within the county) and the
municipalities within a county in which a coliseum and exhibit hall authority
has been created by local Act of the General Assembly for a county and one or
more municipalities therein, and which local coliseum and exhibit hall authority
is in existence on or before January 1, 1991, and which local coliseum and
exhibit hall authority has not constructed or operated any facility before
January 1, 1991, may levy a tax under this Code section at a rate of 8 percent.
A county or municipality levying a tax pursuant to this paragraph shall expend
(in each fiscal year during which the tax is collected under this paragraph
(5.1)) an amount equal to at least 62 1/2 percent of the total taxes collected
at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions,
and trade shows; (B) funding, supporting, acquiring, constructing, renovating,
improving, and equipping buildings, structures, and facilities, including, but
not limited to, a coliseum, exhibit hall, conference center, performing arts
center, or any combination thereof, for convention, trade show, athletic,
musical, theatrical, cultural, civic, and performing arts purposes and other
events and activities for similar and related purposes, acquiring the necessary
property therefor, both real and personal, and funding all expenses incident
thereto, and supporting, maintaining, and promoting such facilities owned,
operated, or leased by or to the local coliseum and exhibit hall authority or a
downtown development authority; or (C) for some combination of such purposes;
provided, however, that at least 50 percent of the total taxes collected at the
rate of 8 percent shall be expended for the purposes specified in subparagraph
(B) of this paragraph (5.1). Amounts so expended shall be expended only
through a contract or contracts with the state, a department of state
government, a state authority, a convention and visitors bureau authority
created by local Act of the General Assembly for a municipality, a local
coliseum and exhibit hall authority, a downtown development authority, or a
private sector nonprofit organization or through a contract or contracts with
some combination of such entities, notwithstanding any provision of paragraph
(8) of this subsection to the contrary. The aggregate amount of all excise
taxes imposed under this paragraph (5.1) and all sales and use taxes, and other
taxes imposed by a county or municipality, or both, shall not exceed
13
14
percent; provided, however, that any sales tax for educational purposes which is
imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution
shall not be included in calculating such limitation. Any tax levied pursuant
to this paragraph (5.1) shall terminate not later than December 31, 2028,
provided that during any period during which there remains outstanding any
obligation issued to fund a facility as contemplated by this paragraph (5.1),
secured in whole or in part by a pledge of a tax authorized under this Code
section, the powers of the counties and municipalities to impose and distribute
the tax imposed by this paragraph (5.1) shall not be diminished or impaired by
the state and no county or municipality levying the tax imposed by this
paragraph (5.1) shall cease to levy the tax in any manner that will impair the
interests and rights of the holder of any such obligation. This proviso shall
be for the benefit of the holder of any such obligation and, upon the issuance
of any such obligation by a local coliseum and exhibit hall authority or a
downtown development authority, shall constitute a contract with the holder of
such obligation. Notwithstanding any other provision of this Code section to
the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding'
shall include the cost and expense of all things deemed necessary by a local
coliseum and exhibit hall authority or a downtown development authority for the
construction and operation of a facility or facilities including but not limited
to the study, operation, marketing, acquisition, construction, financing,
including the payment of principal and interest on any obligation of the local
coliseum and exhibit hall authority or the downtown development authority and
any obligation of the local coliseum and exhibit hall authority or the downtown
development authority to refund any prior obligation of the local coliseum and
exhibit hall authority or the downtown development authority, development,
extension, enlargement, or improvement of land, waters, property, streets,
highways, buildings, structures, equipment, or facilities and the repayment of
any obligation incurred by an authority in connection therewith; 'obligation'
shall include bonds, notes, or any instrument creating an obligation to pay or
reserve moneys and having an initial term of not more than 37 years; 'facility'
or 'facilities' shall mean any of the buildings, structures, and facilities
described in subparagraph (B) of this paragraph (5.1) and any associated parking
areas or improvements originally owned or operated incident to the ownership or
operation of such facility used for any purpose or purposes specified in
subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall
authority or a downtown development authority; and 'downtown development
authority' shall mean a downtown development authority created by local Act of
the General Assembly for a municipality pursuant to a local constitutional
amendment."
PART
III
SECTION 3-1.
SECTION 3-1.
Parts
I and II of this Act shall become effective on January 1, 2011, only if an
amendment to the Constitution to approve the levy of a 1 percent additional
special transportation sales and use tax to be deposited into a trust fund for
purposes of transportation as set forth in such amendment is ratified by the
voters at the November, 2010, general election. If such an amendment is not so
ratified, Parts I and II of this Act shall not become effective and shall stand
repealed on January 1, 2011. Part III of this Act shall become effective upon
approval by the Governor or upon its becoming law without such
approval.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.