Agenda - 10-05-1987 - Laserfiche WebLink

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�`-f/, Se 1-0r- C'r_ •o • , /987 GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION RATIFIED BILL CHAPTER 832 SENATE BILL 944 AN ACT TO INCREASE THE EXCISE TAX ON SPIRITUOUS LIQUOR AND TO PROVIDE THAT LOCAL SALES TAXES SHALL BE LEVIED BY THE COUNTY IN WHICH THE RETAILER IS LOCATED WHEN THE PROPERTY SOLD IS DELIVERED TO THE PURCHASER IN ANOTHER COUNTY. Whereas, the 1985 General Assembly during its 1986 -Session enacted additional law enforcement retirement benefits which costs may have exceeded available financial resources across the State requiring that additional revenue be expended; and Whereas, it is the intent of the General Assembly that the additional revenue that will accrue to local governments as a result of this act be used to the extent necessary to fund the additional law enforcement retirement benefits; Now, therefore, The General Assembly of North Carolina enacts: Section I. G.S. 188-208(b) reads as rewritten: "(b) Special Fund. A special fund in the office of the State Treasurer, the ABC Commission Fund, is created. On and after November 1, 1982, all moneys derived from the collection of bailment charges and bailment surcharges shall be deposited in the ABC Commission Fund for the purpose of carrying out the provisions of this Chapter. The ABC Commission Fund shall be subject to the provisions of the Executive Budget Act except that no unexpended surplus of this fund shall revert to the General Fund. The Commission shall fix the level of the bailment surcharges at an amount calculated to cover operating expenses of the Commission and tlic ALE Di visiulL and the retirement of bonds issued for construction of a Commission warehouse and -offices. The Commission may impose a bailment surcharge only when revenue bonds issued under this section are outstanding. All moneys credited to the ABC Commission Fund shall be used to carry out the intent and purposes of the ABC law in accordance with plans approved by the North Carolina ABC Commission and the Director of the Budget, and all these funds are appropriated, reserved, set aside, and made available until expended for the administration of the ABC law." Sec. 2,. G.S. 105-113.80(c) is rewritten to read: "(c) Liquor. An excise tax of twenty-eight percent (28%) is levied on liquor sold in ABC stores. Pursuant to G.S. 18B-804(b), the price of liquor on which this tax is computed is the distiller's price plus (i) the State ABC warehouse freight and bailment charges, and (ii) a markup for local ABC boards. This tax is in lieu of sales and use taxes; accordingly, liquor is exempt from those taxes as provided in G.S. 105-164.1 3(37)." Sec. 3. Operating expenses for the ALE Division shall be paid from the budget of the Department of Crime Control and Public Safety.