Bill Text: GA SB232 | 2011-2012 | Regular Session | Introduced

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Bill Title: Mass Transportation; remove the suspension period; use of proceeds from sales/use tax by a public transit system

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-03-07 - Senate Read and Referred [SB232 Detail]

Download: Georgia-2011-SB232-Introduced.html

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11 LC 34 2972

Senate Bill 232

By: Senators Fort of the 39th, James of the 35th, Jones of the 10th and Tate of the 38th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to remove the suspension period for the use of proceeds from the sales and use tax by a public transit system; to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to exempt certain counties and municipalities from payment of the tax for a specified period; to remove restrictions on the local share of proceeds for districts that are conterminous with a metropolitan planning organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by revising Code Section 32-9-13, relating to the suspension on use of tax proceeds by public transit authorities, as follows:

"32-9-13.

Provisions in all laws, whether general or local, including but not limited to the Metropolitan Atlanta Rapid Transit Authority Act of 1965 approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, that set forth restrictions on the use by public transit authorities of annual proceeds from local sales and use taxes shall be suspended for the period beginning June 2, 2010, and continuing for three years. The greater discretion over such funds shall not abrogate the obligation of the public transit authority to comply with federal and state safety regulations and guidelines. Newly unrestricted funds shall be utilized, subject to total funding, to maintain the level of service for the transit system as it existed on January 1, 2010. Furthermore, except as had been previously contracted to by the public transit authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by a public transit authority to benefit any person or other entity for any of the following: annual cost-of-living or merit based salary raises or increases in hourly wages; increased overtime due to such wage increases; payment of bonuses; or to increase the level of benefits of any kind."

SECTION 2.

Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by revising subsection (c) and adding a new subsection in Code Section 48-8-241, relating to the creation of special districts for purposes of levying a regional transportation tax, as follows:

"(c) Nothing in this article shall be construed as limiting the establishment of a fund or funds which would provide at least 20 years of maintenance and operation costs from proceeds of the special district transportation sales and use tax used to construct, finance, or otherwise develop transit capital projects; provided, however, that the Metropolitan Atlanta Rapid Transit Authority, created by an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, shall not be authorized to use any proceeds from the special district transportation sales and use tax for expenses of maintenance and operation of such portions of the transportation system of such authority in existence on January 1, 2011."

"(e) Any county or municipality that levies a tax for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, including an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, shall be exempt from any tax levied under this article for a period of time equal to the period of time such county or municipality was subject to the tax for purposes of a metropolitan system of public transportation."

SECTION 3.

Said chapter is further amended by revising subsection (e) of Code Section 48-8-249, relating to use of tax proceeds within district for projects on the investment list, as follows:

"(e) Twenty-five percent of the proceeds received from the tax authorized by this article shall be distributed allocated to the local governments within the special district in which the tax is imposed if such special district's boundaries are not coterminous with an MPO. Fifteen percent of the proceeds received from the tax authorized by this article shall be distributed to the local governments within the special district in which the tax is imposed if such special district's boundaries are wholly contained within a single MPO. Such percentages shall be allocated to each local government by multiplying the LARP factor of each local government by the total amount of funds to be distributed to all the local governments in the special district. Proceeds described in this subsection shall be distributed to the local governments on an ongoing basis as they are received by the commission. Such proceeds shall be used by the local governments only for transportation projects as defined in paragraph (10) of Code Section 48-8-242 and may also serve as the local match as required for state transportation projects and grants. If a special district receives from the tax net proceeds in excess of the investment list approved by the roundtable for the imposition of the tax or in excess of the actual cost of the project or projects on such investment list, then such excess proceeds shall be distributed among the local governments within the special district in accordance with this subsection."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.