Agenda - 12-08-2011 - Attachment 1

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Attaehment Al 5 PUBLIC TRANSPORTATION SALES TAX AUTHORIZED SECTION 2.(a) Section 1(a)of S.L. 1997-417 is recodified as G.S. 105-510.1.SECTION 2.(b) Article 43 of Chapter 105 of the General Statutes, as enacted by S.L. 1997-417 and amended by Section 13(f)of S.L. 2001-427, Section 74 of S.L. 2008-134, and by subsection (a)of this section, reads as rewritten: "Article 43. "Local Government Sales and Use Taxes for Public Transportation."Part 1. General. " "§ 105-510.6. Limitations. A transportation authority may not levy a tax under Part 3A or 3B of this Article unless: • (1) It operates a public transportation system. (2) it has developed a financial plan and distributed it to each unit of local government located within its territorial jurisdiction. The plan must be approved by the board of commissioners of each county in the district prior to the levy of the tax. If the board of commissioners of a county in a multicounty district does not adopt the plan,the transportation authority may remove that county from the district, and no tax may be levied in that county under this Part. The financial plan must provide for equitable use of the net proceeds within or to benefit the special district created under Part 3A or Part 313 of this Article and consider • (i)the identified needs of local public transportation systems in the district, • (ii) human service transportation systems within the district, and • (iii) expansion of public transportation systems to underserved areas of the district. The financial plan must also be approved by all Metropolitan Planning Organizations under Article 16 of Chapter 136 of the General Statutes whose jurisdiction includes any of the area of the special district. The plan may be revised from time to time.An interlocal agreement between the transportation authority and all the counties in the special district may require periodic review and approval of the financial plan. (3)The tax is approved by the voters.