§ 105-561. Authority registration tax authorized. - North Carolina Statutes

§ 105‑561.  Authorityregistration tax authorized.

(a)        (Effective untilJuly 1, 2010) Tax Authorized. – The board of trustees of an Authority may,by resolution, levy an annual license tax in accordance with this Article uponany motor vehicle with a tax situs within its territorial jurisdiction. Thepurpose of the tax levied under this Article is to raise revenue for capitaland operating expenses of an Authority in providing public transportationsystems. The rate of tax levied under this Article must be a full dollaramount, but may not exceed seven dollars ($7.00) a year.

(a)        (Effective July1, 2010) Tax Authorized. – The board of trustees of an Authority may, byresolution, levy an annual license tax in accordance with this Article upon anymotor vehicle with a tax situs within its territorial jurisdiction. The purposeof the tax levied under this Article is to raise revenue for capital andoperating expenses of an Authority in providing public transportation systems.The rate of tax levied under this Article must be a full dollar amount, but maynot exceed eight dollars ($8.00) a year.

(b)        Restrictions. – Theboard of trustees of an Authority may not levy a tax under this Article orincrease the tax rate until all of the following requirements have been met:

(1)        The board oftrustees has held a public hearing on the tax or the increase in the tax rateafter giving at least 10 days' notice of the hearing.

(2)        If the Authority hasa special tax board, the special tax board has adopted a resolution approvingthe levy of the tax or the increase in the tax rate.

(3)        Except where thelevy or increase in tax is necessary for debt service on bonds or notes thateach of the boards of county commissioners had previously approved under G.S.159‑51, the board of commissioners of each county included in theterritorial jurisdiction of the Authority has adopted a resolution approvingthe levy of the tax or the increase in the tax rate.

(c)        Resolutions. – Theboard of trustees and the board of county commissioners, upon adoption of aresolution pursuant to this section, shall cause a certified copy of theresolution to be delivered immediately to the Authority and to the Division ofMotor Vehicles.

(d)        (Effective untilJuly 1, 2010) Special Tax District. – If a regional transportationauthority created under Article 27 of Chapter 160A of the General Statutes hasnot levied the tax under this section or has levied the tax at a rate of lessthan seven dollars ($7.00), it may create a special district that consists ofthe entire area of one or more counties within its territorial jurisdiction andmay levy on behalf of the special district the tax authorized in this section.The rate of tax levied within the special district may not, when combined withthe rate levied within the entire territorial jurisdiction of the authority;exceed seven dollars ($7.00). The regional transportation authority may notlevy or increase a tax within the special district unless the board ofcommissioners of each county in the special district has adopted a resolutionapproving the levy or increase.

A special district createdpursuant to this subsection is a body corporate and politic and has the powerto carry out the purposes of this subsection. The board of trustees of theregional transportation authority created under Article 27 of Chapter 160A ofthe General Statutes shall serve, ex officio, as the governing body of aspecial district it creates pursuant to this subsection. The proceeds of a taxlevied under this subsection may be used only for the benefit of the specialdistrict and only for the purposes provided in G.S. 105‑564. Except asprovided in this subsection, a tax levied under this subsection is governed bythe provisions of this Article.

(d)        (Effective July1, 2010) Special Tax District. – If a regional transportation authoritycreated under Article 27 of Chapter 160A of the General Statutes has not leviedthe tax under this section or has levied the tax at a rate of less than eightdollars ($8.00), it may create a special district that consists of the entirearea of one or more counties within its territorial jurisdiction and may levyon behalf of the special district the tax authorized in this section. The rateof tax levied within the special district may not, when combined with the ratelevied within the entire territorial jurisdiction of the authority; exceedeight dollars ($8.00). The regional transportation authority may not levy orincrease a tax within the special district unless the board of commissioners ofeach county in the special district has adopted a resolution approving the levyor increase.

A special district createdpursuant to this subsection is a body corporate and politic and has the powerto carry out the purposes of this subsection. The board of trustees of the regionaltransportation authority created under Article 27 of Chapter 160A of theGeneral Statutes shall serve, ex officio, as the governing body of a specialdistrict it creates pursuant to this subsection. The proceeds of a tax leviedunder this subsection may be used only for the benefit of the special districtand only for the purposes provided in G.S. 105‑564. Except as provided inthis subsection, a tax levied under this subsection is governed by theprovisions of this Article.  (1997‑417, s. 4; 1999‑445, s. 4; 2009‑527,s. 3(a)‑(d).)