Part I
Contains legislative findings pertaining to transportation, traffic congestion, and Mecklenburg County.
Part II
Reserves Sections 2.1 and 2.3.
Directs, in GS 105-507.2(b), that no action by Mecklenburg County to repeal a tax levied under Part 2 of Article 43 (Mecklenburg County taxes) of GS Chapter 105 can become effective while previously issued, or refinanced, bonds, notes, or other financing secured or payable by receipts derived from the tax allocated to a municipality or a transportation authority by the county remain outstanding. Specifies that if the county repeals a tax levied Part 2, a municipality or transportation authority may refinance previously issued bonds, notes, or other financing that are secured or payable by receipts for the tax revenue under Part 2 to reduce debt service as allowed under the law so long as the refinancing does not extend the date of maturity for the previously issued bonds, notes, or other financing. Makes organizational change and conforming change to the statute's title.
Effective only if Mecklenburg County levies under Part IV, discussed below, amends the distribution and use of taxes under GS 105-507.3 as follows. Directs the Secretary of Revenue (Secretary) to now distribute net proceeds of county taxes to the largest transportation authority that includes the county (was, on a per capita basis among the county and units of local government that operate public transportation systems). Bans any funds from being distributed to a transportation authority that does not include public transportation (was, ban on distribution of funds to counties or local governments that don’t operate public transportation). Makes conforming changes. Effective on the same date the tax levied under Part IV becomes effective.
Part III
Effective only if Mecklenburg County levies the tax under Part IV, discussed below, makes conforming change to Section 3.1 of SL 1997-417, as amended so that the proceeds of the regional transit authority vehicle rental tax regulated by that section are transferred to the largest metropolitan public transit authority instead of the largest city operating a public transportation system. Effective on the same date the tax levied under Part IV becomes effective.
Part IV
Entitles the part as the Mecklenburg County Roadway Systems and Public Transportation Systems Sales Tax Act (Tax Act). Declares that the Tax Act’s purpose is to give Mecklenburg County an opportunity to obtain an additional source of revenue with which to meet its needs for financing roadway systems and public transportation systems through sales and use taxes as follows. Allows for a 1% sales and use tax to be levied by the Mecklenburg County Board of Commissioners (Board) in addition to any other State and local sales and use taxes levied pursuant to law only if all of the following conditions are satisfied:
(1) The majority of those voting in a referendum vote for the levy of the tax.
(2) The General Assembly has enacted authorizing legislation that would allow a public transportation authority (Authority) that includes Mecklenburg County to be established, and the Authority has been established.
(3) At least one eligible municipality or an Authority maintains a public transportation system in the County.
Requires any such taxes to be adopted by Board resolution and then by referendum as discussed above. Defines eligible municipality, Red Line, and roadway system. Specifies that the food exempt from sales and use tax under GS 105-164.13B and the sales price of bundled transactions under GS 105-467 should not be taxed under any tax imposed by the Tax Act. Provides that the referendum be conducted by the Board and for ballot question language. Provides for administration of any taxes levied under the Tax Act.
Requires the Secretary to distribute monthly the net proceeds of the tax to Mecklenburg County, with 40% of the net proceeds to be distributed among the City of Charlotte and the Towns of Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville (the eligible municipalities defined above) for roadway distribution and use using the procedures for allocation set forth in the Tax Act with the remaining 60% to be distributed to the Authority to be used only for costs associated with financing, acquiring, constructing, operating, and maintaining any combination of real and personal property for a public transportation system. Allows for the Authority to enter into an interlocal agreement with Mecklenburg County or an agreement with a private entity to accomplish its goals relating to the public transportation system. Lists four conditions that apply to the Authority’s use of funds distributed under the Tax Act, including that no more than two-thirds of the funds be used for capital and operating costs of rail projects over any period of 30 calendar years combined, completion of at least 50% of the Red Line with input from the towns of Cornelius, Davidson, and Huntersville, and reimbursement to the City of Charlotte for the acquisition of the Norfolk Southern O-Line and related property. Provides a process to repeal the tax imposed herein if the County so desire.
Reserves Parts V through VIII.
Part IX
Specifies that the act only becomes law if Current Operations Appropriations Act for the 2025-26 fiscal year becomes law. If that occurs, the act is effective on that date.
Statutes affected: Filed: 105-507.2, 105-507.3