HomeMy WebLinkAboutAgenda - 04-19-2011 - 9aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 19, 2011
Action Agenda
Item No, cj - q
SUBJECT: Regional and Local Transportation Plannin Initiatives
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Example Transit Meeting Agendas Craig Benedict, 245-2592
2. Vehicle Tax Memo dated 4/5/2011 Mila Vega, 245-2582
From Mila Vega (Transportation Planner)
3. HB 148
PURPOSE: To provide an overview of ongoing transit planning activities.
BACKGROUND: As noted in previous bi-monthly transit reports, there is a variety of transit
planning studies and programs underway. The programs are interwoven in most cases and the
state of program development also seems to vary adding to the complexity.
Planning staffs of the various local governments and UNC have been meeting each month
since summer of last year to address technical matters. More recently elected officials and
managers that include BOCC Chair Bernadette Pelissier, Commissioner Valerie Foushee and
County Manager Frank W. Clifton, Jr. have been meeting to discuss the implications and
program of the transit initiatives noted below.
The `programs' are as follows:
House Bill 148 "Mobility Bill"
Includes possible '/ cent sales tax and additional $7.00 and $3.00 vehicle tax fee (see
Attachment #2).
Triangle Regional Transit Program (TRTP)
Includes an Alternative Analysis to ascertain best mode of transportation in the three county
triangle region (Wake, Durham, and Orange) and a possible financial model on how to find
said regional transit connectivity.
Orange County Transit Plan
This is an element of the above TRTP. This plan is an analysis of how Orange County
would use public transit monies from the "Mobility Bill" to include:
a. What possible light rail segment does Orange County pay for and what are the
associated costs?
2
b. Depending on the light rail funding scenario, what monies remain for enhanced
bus service and other associated capital improvements to promote a regional
transit system?
c. Development of an Orange County Bus Plan that meets the goals of Orange
County, its municipalities and UNC.
An Orange County Transit Leadership Group has been meeting to delve into these questions as
well as begin preliminary discussions with Durham City-County on how the public transit plans
are linked.
There is an additional aspect that involves a `locally Preferred Alternative' (LPA) which outlines
a corridor and length of a public transit connection between UNC and Alston Avenue east of
Duke in Durham. This and other aforementioned aspects will also be evaluated by the MPO
and Triangle Transit.
The schedule of upcoming decision milestones and some scenarios will be discussed at this
meeting.
FINANCIAL IMPACT: Planning, along with Orange Public Transportation administrative staff, is
presently staffing the various initiatives.
RECOMMENDATION(S): The Manager recommends the Board receive the report and
discuss its elements. The Board may wish to provide further direction or request follow-up
actions by staff.
ATTACHMENT 1 (1) 3
AGENDA
ORANGE COUNTY TRANSIT PLAN
TRANSIT MEETING
Chapel Hill Town Hall
1St Floor Conference Room
January 31, 2011
10:30am -12:OOpm
Welcome & Introductions
• Board of County Commissioners Chair, Mayor of Chapel Hill
• Chapel Hill Town Manager (historic overview)
Presentation (35 minutes)
1. Triangle Regional Transit Program (TRTP) Background (Craig Benedict) -10
minutes
• STAC, MPO and LRTP 2035
• HB148
o %z cent sales tax -restricted use
o $10 vehicle registration fee
^ $3 -Triangle Transit to cover inflation costs
^ $7 -County to support transit service (existing and new)
2. TRTP Alternatives Analysis and Financial Model (David King) -10 minutes
3. Orange CountyT_ransit Plan (Steve Suade) -10 minutes
• Partnership Development
• Local Bus Service Needs
• 4 Scenarios (attachment A)
• Ranking System, Goals and Strategies
4. Timeline (Craig Benedict) - 5 minutes
Q&A; Discussion
Future Meeting
(02/18/2011; 9:OOam -11:OOam; Chapel Hill Town Hall)
4
ATTACHMENT 1 (2)
AGENDA
ORANGE COUNTY TRANSIT PLAN
TRANSIT MEETING
Southern Human Services Center
2501 Homestead Road
Chapel Hill, NC
BOCC Large Conference Room
Friday, February 18, 2011
9:OOam -11:OOam
1. Referendum -How does Wake County's decision to postpone affect Orange County?
2. How does the mayors/chairs group share regional public transit information with full
range of elected officials (Orange County Towns and then Durham County -City)?
3. Sequence of future events (i.e. Local Preferred Alternative (LPA), MPO review, etc.)
including financial model estimates and what part of public transit planning should
continue on schedule.
Future Discussions
• Leigh Village commuter patterns and cost share scenarios
• Preferred scenarios for OCTP
• Governance of future sales tax/bus system
• Overall public transit strategies
5
ATTACHMENT 1 (3)
AGENDA
ORANGE COUNTY TRANSIT PLAN
TRANSIT MEETING
Southern Human Services Center
2501 Homestead Road
Chapel Hill, NC
BOCC Large Conference Room
Friday, March 4, 2011
10:OOam -12:OOpm
1. Financial Model Update
a. Overview
b. Financial model scenarios
c. Major changes (e.g. Federal and State shares, construction and operation
costs, etc.)?
d. Impact on available bus service resources?
2. Leigh Village
a. Cost sharing discussion
b. Commuter Patterns
3. Orange County Bus Plan
a. Proposed services
b. Prioritization
Note: These topics will inform March 9th discussion at the Durham and Orange Transit
Leadership Groups meeting.
6
ATTACHMENT 1 (4)
AGENDA
ORANGE COUNTY TRANSIT PLAN
Southern Human Services Center
2501 Homestead Road, Chapel Hill, NC
BOCC Large Conference Room
Friday, March 23, 2011
10:OOam -12:OOpm
1. Discussion of Orange -Durham Meeting
a. Leigh Village Discussion
b. Next steps for Orange-Durham collaboration
2. Financial Model -Review Additional Scenarios
a. Light Rail to Leigh Village with Split at Chapel Hill Town Limits instead of County Line
b. Light Rail to Leigh Village with Split at CH Town Limits, no local revenue contribution
c. BRT to Leigh Village with split at Chapel Hill Town Limits
d. No federal funds for fixed guideway
e. No federal funds, no state funds for fixed guideway
3. Orange County Bus Plan Update
4. Next Steps; Agenda Items for 04/01
7
ATTACHMENT 1 (5)
AGENDA
ORANGE COUNTY TRANSIT PLAN
Southern Human Services Center
2501 Homestead Raad, Chapel Hill, NC
BOCC Large Conference Room
Friday, April 1, 2011
10:OOam -12:OOpm
1. Orange County Bus Plan
a. Background (Craig Benedict)
b. Goals and Strategies (Craig Benedict, Mila Vega)
c. Ranking (Steve Spade)
d. Proposed Services Matrix Review (Steve Spade, Mila Vega)
2. Financial Model
a. Review additional scenarios requested at the 3/23/2011 meeting (Patrick
McDonough)
b. Report on a staff meeting to discuss benefits of rail investment (David King,
Patrick McDonough)
3. Next Steps. Agenda Items for upcoming meetings.
ATTACHMENT 2
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, A.ICP, Director
~bng` ~ icy
Comprehensive Planning ® ?~`` 306F Revere Road
(919) 245-2589 u ~ P O Sox 8181
(919) 644-3002 (FA.X) Hillsborough,
www.co.orange.nc.us .~;~f~ ~,t,~~°° North Carolina, 27278
MEMORANDUM
Date: Apri15, 2011
To: Orange County Board of County Commissioners
Via Frank Clifton, County Manager
CC: Craig Benedict, Planning Director
Donna Baker, Clerk to the BOCC
From: Mila Vega, Land Use /Transportation Planner
Subject: Additional Information about the $7 Vehicle Registration Tax
The following is a summary of topics related to the potential enactment of the new $7 Vehicle
Registration Tax/Fee.
Summary
Session Law 2009-527 (also known as House Bill 148) authorizes a collection of an additional vehicle
registration tax in the total amount often dollars:
Estimated Revenue
• $7 -County $770,000
• $3 -Triangle Transit (TTA) $330,000
Total $10 Total $1,100,000
The funds may be used to operate a public transportation system, including financing, constructing,
operating, and maintaining a transit system, including existing services. It has been assumed that these
would come "online" together.
The Board of County Commissioners (BOCC) must pass a resolution in order to levy the $7 tax. There is
no specific timeline to pass the resolution; it can be passed at any time. The tax becomes effective on the
date set by the BOCC in the resolution levying the tax. The effective date must be the first day of a
month. The effective date may not be earlier than the first day of the sixth calendar month after the BOCC
adopts the resolution. In other words, there is a least a six months delay before the County can begin
collecting the tax after the resolution is passed.
Currently, Triangle Transit collects a $5 vehicle registration fee; the new increase will bring it up to $8.
The additional Triangle Transit $3 fee is intended to restore the buying power of the original $5 fee to its
purchasing power level when it was first enacted in the 1990s. There are no specific requirements
associated with the fee increase other than it should be used to support transit. According to Triangle
Transit, it is likely to be used on either new/enhanced bus service or advancing planning and design of the
rail projects. The revenue assumption in 2012 is $330,000.
8
Page 2 of 2
Distribution
The tax must be distributed based on population. The County must use the most recent annual estimate of
population certified by the State Budget Officer. The current estimated population split is about 58% for
incorporated Orange County (Chapel Hill and Carrboro) and 42% -unincorporated (rural county and the
Town of Hillsborough). The County will need to develop a legal instrument such as anInter-local
Agreement to outline how the funds will be divided between eligible recipients. Estimated annual revenue
in 2012 dollars is $770,000
Incorporated
Orange Coun Unincorporated
Oran e County
Total
Po ulaton 58% 42% 100%
Tax Share $446,600 $323,400 770,000
Impact on the Triangle Regional Transit Program
It is importation to note that the current financial model associated with the Triangle Regional Transit
Program (TRTP) includes the County $7 vehicle registration fee, as well as the TTA $3, and assumes that
the funds will be used to advance a rail project in the region as well as add additional bus service hours to
the County's bus system. The financial model will require an amendment if eligible recipients of the $7
tax will decide to spend it on supporting current transit operations.
As noted earlier, the tax can be used to support existing service. That means the BOCC can decide to use
new funds to supplant all or part of the Orange Public Transportation (OPT) operating budget. OPT
annual budget is about $250,000. However, there is a variety of interlinking issues such as the ongoing
Countywide Seamless Public Transportation Study that is in progress with the North Carolina Department
of Transportation (NCDOT) and KFH consultant firm. How monies may eventually be appropriated for
countywide efficiency is under review and made more complex with the financial model of the TRTP that
also includes local and regional bus service that is currently under discussion with elected officials in
Orange County and University of North Carolina (UNC).
We can add this discussion on April 19 if the Board so decides.
9
Attachment: Session Law 2009-527
ATTACHMENT 3
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-527
HOUSE BILL 148
AN ACT TO ESTABLISH A CONGESTION RELIEF AND INTERMODAL
TRANSPORTATION 21sT CENTURY FUND; TO PROVIDE FOR ALLOCATION OF
THOSE FUNDS TO: (1) LOCAL GOVERNMENTS AND TRANSPORTATION
AUTHORITIES FOR PUBLIC TRANSPORTATION PURPOSES, (2) SHORT-LINE
RAILROADS, FOR ASSISTANCE IN MAINTAINING AND EXPANDING FREIGHT
SERVICE STATEWIDE, (3) RAILROADS FOR INTERMODAL FACILITIES,
MULTIMODAL FACILITIES, AND INLAND PORTS, (4) MAKE CAPITAL
IMPROVEMENTS ON RAIL LINES TO ALLOW IMPROVED FREIGHT SERVICE TO
THE PORTS AND MILITARY INSTALLATIONS, (5) EXPAND INTERCITY
PASSENGER RAIL SERVICE; TO EXTEND LEVELS OF LOCAL TRANSIT
FUNDING AUTHORIZATION TO THREE URBAN REGIONS; AND TO ALLOW
OTHER LOCAL GOVERNMENTS OPTIONS FOR LOCAL TRANSIT FUNDING.
The General Assembly of North Carolina enacts:
FUND ESTABLISHED
SECTION 1. Chapter 136 of the General Statutes is amended by adding a new
Article to read:
"Article 19.
s s,_y tem.
As part
the Nor
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increase
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10
as weir as auow economic expansion m a way that lessens the impact on the
State highwa~system.
Public transportation, in addition to a program of urban lc-~n~ and till rnar~c
11
"$ 136-252. Grants to local governments and transportation authorities.
Page 2 Session Law 2009-527 SL2009-0527
Intermodal facilities and inland ports can greatly reduce freight trattic on
North Carolina's highway s stem, reducing demand, congestion, and
damage.
12
~ Eligible Entities. -The following_entities are eligible to receive grants under this
section from the Fund for ,public transportation purposes, which includes planning and
eng_lneerin~
Cities.
Regional transportation authorities under Article 27 of Chapter 160A of the
General Statutes.
Requirements. - A grant may be approved from the Fund only if all of the following
conditions are met:
The application is approved by all Metropolitan Planning_Or~anizations
under Article 16 of this Chapter whose jurisdiction includes any_of the
of
SL2009-0527 Session Law 2009-527 Page 3
year.
13
matched by equal or greater iundin~ from the applicant Total grants under
this subdivision may not exceed ten million dollars ($10 000 000) per fiscal
14
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.
"§ 105-505. Short title; purpose.
This Article is the Local Government Public Transportation Sales Tax Act and may be cited
by that name. This Article gives the ^^••~~-counties and transportation authorities of this
State an opportunity to obtain an additional source of revenue with which to meet their needs
for financing local public transportation systems. It provides ~ti~them with authority to
levy ~ :e l:clf ~^~^°^* ~~ ~~0~ ~ sales and use taxes. All such taxes must be approved in a
referendum.
"§ 105-506. Definitions.
The definitions in G.S. 105-164.3 and the following definitions apply in this Article:
Board of trustees. -The governing body of a transportation authority
{-l-}~ Net proceeds. -Gross proceeds less the cost of administering and collecting
the tax.
{~-)~ Public transportation system. -Any combination of real and personal
property established for purposes of public transportation. The systems may
include one or more of the following: structures, improvements, buildings,
equipment, vehicle parking or passenger transfer facilities, railroads and
railroad rights-of--way, rights-of--way, bus services, shared-ride services,
high-occupancy vehicle facilities, car-pool and vanpool programs, voucher
programs, telecommunications and information systems, integrated fare
"§ 105-506.1. Exe
A tax levied under this Article does not apply to the sales price of food that is exempt from
tax pursuant to G.S. 105-164:13B or to the sales price of a bundled transaction taxable pursuant
to G.S. 105-467(a)(Sa).
"Part 2. Mecklenburg County.
"§ 105-507. Limitations.
A county may not levy~a tax under this n~Part unless the county or at least one unit of
local government. in the county operates a public transportation system. In addition, a county
may not levy a tax under this e-Part unless it has developed a financial plan and
distributed rt to each unit of local government in the county that operates a local public
transportation system. The financial plan must provide for equitable allocation of the net
proceeds distributed to the county in consideration of the identified needs of local public
transportation systems in the county, countywide human service transportation systems, and
expansion of public transportation service to unserved areas in the county.
§ 105-508. Local election on adoption of sales and use tax.
(a) Resolution. -The board of commissioners of a county may direct the county board
of elections to conduct an advisory referendum within the county on the question of whether a
local sales and use tax at the rate of one-half percent (1/2%) may be levied in accordance with
this Part. The election shall be held on a date jointly agreed upon by the boards and
shall be held in accordance with the procedures of G.S. 163-287. The board of commissioners
SL2009-0527 Session Law 2009-527 Page 5
supports public transportation bus lanes, and busways. The term does not
include, however, streets, roads, or highways except to the extent they are
dedicated to public transportation vehicles or to the extent they are necessary
for access to vehicle parking or passenger transfer facilities.
15
shall hold a public hearing on the question at least 30 days before the date the election is to be
held.
(b) Ballot Question. -The form of the question to be presented on a ballot for a special
election concerning the levy of a tax authorized by this Article shall be:
'[ ]FOR [ ]AGAINST
One-half percent (1/2%) local sales and use taxes, in addition to the current ~e
per~~e~~~local sales and use taxes, to be used only for public transportation systems.'
"§ 105-509. Levy and collection of sales and use tax.
If the majority of those voting in a referendum held pursuant to }'-~~ ^ ~~°~° r' S. 105-508
vote for the levy of the tax, the board of commissioners of the county may, by resolution, levy
one-half percent (1/2%) local sales and use taxes in addition to any other State and local sales
and use taxes levied pursuant to law. Except as provided in this ~o'n°,, Part. the adoption,
levy, collection, administration, and repeal of these additional taxes shall be in accordance with
Article 39 of this Chapter. In applying the provisions of Article 39 of this Chapter to this
~islePart, references to 'this Article' mean 'Part 1 of Article 43 of Chapter 105 of the General
Statutes'.
"§ 105-510. Distribution and use of taxes.
(a) Distribution. -The Secretary shall, on a monthly basis, allocate to each taxing
county the net proceeds of the tax levied under this ale-Part by that county. If the Secretary
collects taxes under this e-Part in a month and the taxes cannot be identified as being
attributable to a particular taxing county, the Secretary shall allocate these taxes among the
taxing counties, in proportion to the amount of taxes collected in each county under this n~le
Part in that month and shall include them in the monthly distribution.
The Secretary shall distribute the net proceeds of the tax levied by a county on a per capita
basis among the county and the units of local government in the county that operate public
transportation systems. No proceeds shall be distributed to a county that does not operate a
public transportation system or to a unit of local government that does not operate a public
transportation system.
(b) Use. - A county must allocate the net proceeds distributed to it in accordance with
its financial plan adopted pursuant to G.S. 105-507 and use the net proceeds only for financing,
constructing, operating, and maintaining local public transportation systems. Any other unit of
local government may use the net proceeds distributed to it under this t~ie~e-Part only for
financing, constructing, operating, and maintaining local public transportation systems. Every
unit of government shall use the net proceeds to supplement and not to supplant or replace
existing funds or other resources for public transportation systems.
"§ 105-510.1. Applicability.
This r°~rPart applies only to Mecklenburg County.
"Part 3. Transportation Authorities.
ine special aistrict.
Page 6 Session Law 2009-527 SL2009-0527
16
Limitations.
a. A majority vote
SL2009-0527 Session Law 2009-527 Page 7
"Part 3A. Ke~lonal Yubiic 1 ransPortatlon Autnority~ 1 riangleZ
conditions are as follows:
The board of trustees has obtained approval to conduct a referendum by a
17
tnat consists or the enure area of one or two counties within Its terrrtortal ~urtsdiction and may
lew on behalf of the special district the tax authorized in this section The special district maX
not include counties other than Forsyth and Guilford. The proceeds of a tax levied under this
section may be used only for the benefit of the special district and only for the purposes
provided in this Article. If a referendum in a district fails the transportation authority may
abolish the special district.
"§ 105-510.9. Lew and collection of sales and use tag -regional public transportation
authority.
~ Special District. - A regional transportation authority may create a special district
Page 8 Session Law 2009-527 SL2009-0527
18
The board of trustees has obtained approval to conduct a referendum b~
vote of the following:
"& 105-510.12. Ap licability.
This Part applies only in counties other than Durham Forsyth Guilford Mecklenburg=
Orange, or Wake.
"Part 4. Other Counties.
SL2009-0527 Session Law 2009-527 Page 9
19
resuurccs tur puvue ~rau~~urwuuii ~ys~atiL~.
SECTION 2.(c) Section 7 of S.L. 1997-417 reads as rewritten:
"Section 7. A tax levied under Article 43 of Chapter 105 of the General e+^'~•~°^ ^° °~^^+°~'
'-~'-~~~~Statutes does not apply to construction materials purchased to fulfill a lump sum or
unit price contract entered into or awarded before the effective date of the levy or entered into
or awarded pursuant to a bid made before the effective date of the levy when the construction
materials would otherwise be subject to the tax levied under Article 43 of Chapter 105 of the
General Statutes."
Page 10 Session Law 2009-527 SL2009-0527
transportation system as follows:
To the county based on the population of the counter that is not in an
incorporated area, and to the municipalities within the count based on_the
population of that municipality that is located within that county. To
determine the ,population of each county and each municipality, the
Secretary shall use the most recent annual estimate of population certified by
the State Budget Officer.
20
SECTION 2.(d) G.S. 105-164.14(c) is amended by adding a new subdivision to
read:
"(c) Certain Governmental Entities. - A governmental entity listed in this subsection is
allowed an annual refund of sales and use taxes paid by it under this Article on direct purchases
of tangible personal property and services, other than electricity, telecommunications service,
and ancillary service. Sales and use tax liability indirectly incurred by a governmental entity on
building materials, supplies, fixtures, and equipment that become a part of or annexed to any
building or structure that is owned or leased by the governmental entity and is being erected,
altered, or repaired for use by the governmental entity is considered a sales or use tax liability
incurred on direct purchases by the governmental entity for the purpose of this subsection. A
request for a refund must be in writing and must include any information and documentation
required by the Secretary. A request for a refund is due within six months after the end of the
governmental entity's fiscal year.
This subsection applies only to the following governmental entities:
23 A special district created under Article 43 of this Chapter "
SECTION 2.(e) G.S. 159-81(1) reads as rewritten:
"The words and phrases defined in this section shall have the meanings indicated when used
in this Article:
(1) "Municipality" means a county, city, town, incorporated village, sanitary
district, metropolitan sewerage district, metropolitan water district, county
water and sewer district, water and sewer authority, hospital authority,
hospital district, parking authority, special airport district, special district
public .transportation authority, regional transportation authority, regional
natural gas district, regional sports authority, airport authority, joint agency
created pursuant to Part 1 of Article 20 of Chapter 160A of the General
Statutes, a joint agency authorized by agreement between two cities to
operate an auport pursuant to G.S. 63-56, and the North Carolina Turnpike
Authority created pursuant to Article 6H of Chapter 136 of the General
~~ Statutes, but not any other forms of State or local government.
SECTION 2.(fj G.S. 160A-460 reads as rewritten:
"§ 160A-460. Definitions.
The words defined in this section shall have the meanings indicated when used in this Part:
(1) "Undertaking" means the joint exercise by two or more units of local
government, or the contractual exercise by one unit for one or more other
units, of any power, function, public enterprise, right, privilege, or immunity
of local government.
(2) "Unit," or "unit of local government" means a county, city, consolidated
city-county, local board of education, sanitary district, facility authority
created under Part 4 of this Article, special district created under Article 43
of Chapter 105 of the General Statutes or other local political subdivision,
authority, or agency of local government."
SECTION 2.(g) G.S. 160A-20(h) is amended by adding a new subdivision to read:
" 14 A special district created under Article 43 of Chapter 105 of the General
Statutes."
SECTION 2.(h) Section 3.1 of S.L. 1997-417, as added by Section 30 of S.L.
2006-162, reads as rewritten:
"SECTION 3.1. A county authorized to impose a tax under Part 2 of Article 43 of Chapter
105 of the General St:t~~te~ w~ e: ^^*oa ~-~ Port 1 v~ ~~Statutes is considered an authority
under Article 50 of Chapter 105 of the General Statutes, as enacted by Section 3 of this of this
act, and the board of commissioners of that county is considered the board of trustees of the
authority under Article 50. G.S. 105-554 of Article 50 does not apply to the proceeds of a tax
imposed by county considered an authority under this section. The proceeds of a tax imposed
by a county considered an authority under this section must be transferred to the largest city in
that county operating a public transportation system. The proceeds of a tax imposed by a
county considered an authority under this section must be transferred to the largest city in that
county operating a public transportation system and used only for financing, constructing,
SL2009-0527 Session Law 2009-527 Page 11
21
operating, and maintaining a public transportation system. The proceeds may supplant existing
funds allocated for a public transportation system. The term 'public transportation system' has
the same meaning as defined in r=.c ~ nc cnz ,.r n ..~:,.,,. "'.G.S. 105-506."
LOCAL VEHICLE REGISTRATION CHARGE ADJUSTED FOR INFLATION
SECTION 3.(a) G.S. 105-561(a) reads as rewritten:
"(a) Tax Authorized. -The board of trustees of an Authority may, by resolution, levy an
annual license tax in accordance with this Article upon any motor vehicle with a tax sites
within its territorial jurisdiction. The purpose of the tax levied under this Article is to raise
revenue for capital and operating expenses of an Authority in providing public transportation
systems. The rate of tax levied under this Article must be a full dollar amount, but may not
exceed f~~~tla~-i$~~~-seven dollars ($7.00) a year."
SECTION 3.(h) Effective July 1, 2010, G.S. 105-561(a), as amended by
subsection (a) of this section, reads as rewritten:
"(a) Tax Authorized. -The board of trustees of an Authority may, by resolution, levy an
annual license tax in accordance with this Article upon any motor vehicle with a tax sites
within its territorial jurisdiction. The purpose of the tax levied under this Article is to raise
revenue for capital and operating expenses of an Authority in providing public transportation
systems. The rate of tax levied under this Article must be a full dollar amount, but may not
exceed eight dollars ($8.OO,~a year."
SECTION 3.(c) G.S. 105-561(d) reads as rewritten:
"(d) Special Tax District. - If a regional transportation authority created under Article 27
of Chapter 160A of the General Statutes has not levied the tax under this section or has levied
the tax at a rate of less than fi.•c a~"~~~ iec nm seven dollars ($7.00), it may create a special
district that consists of the entire area of one or more counties within its territorial jurisdiction
and may 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 with the rate levied within the entire
territorial jurisdiction of the authority; exceed fiv., ..,,"~~~ iec nm
~~~~~-seven dollars ($7.00). The
regional transportation authority may not levy or increase a tax within the special district unless
the board of commissioners of each county in the special district has adopted a resolution
approving the levy or increase. .
A special district created pursuant to this subsection is a body corporate and politic and has
the power to carry out the purposes of this subsection. The board of trustees of the regional
transportation authority created under Article 27 of Chapter 160A of the General Statutes shall
serve, ex officio, as the governing body of a special district it creates pursuant to this
subsection. The proceeds of a tax levied under this subsection may be used only for the benefit
of the special district and only for the purposes provided in G.S. 105-564. Except as provided
in this subsection, a tax levied under this subsection is governed by the provisions of this
Article."
SECTION 3.(d) Effective July 1, 2010, G.S. 105-561(d), as amended by
subsection (c) of this section, reads as rewritten:
"(d) Special Tax District. - If a regional transportation authority created under Article 27
of Chapter 160A of the General Statutes has not levied the tax under this section or has levied
the tax at a rate of less than ~~: ~ i ~~llur~ ~Q~ nn.
~~, :~,.i~ht dollars ($8.OOZit may create a special
district that consists of the entire area of one or more counties within its territorial jurisdiction
and may 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 with the rate levied within the entire
territorial jurisdiction of the authority; exceed .eight dollars ($8.00). The
regional transportation authority may not levy or increase a tax within the special district unless
the board of commissioners of each county in the special district has adopted a resolution
approving the levy or increase.
A special district created pursuant to this subsection is a body corporate and politic and has
the power to carry out the purposes of this subsection. The board of trustees of the regional
transportation authority created under Article 27 of Chapter 160A of the General Statutes shall
serve, ex officio, as the governing body of a special district it creates pursuant to this
subsection. The proceeds of a tax levied under this subsection may be used only for the benefit
of the special district and only for the purposes provided in G.S. 105-564. Except as provided
in this subsection, a tax levied under this subsection is governed by the provisions of this
Article."
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2z
ADDITIONAL VEHICLE REGISTRATION CHARGE AUTHORIZED
SECTION 4. Subchapter IX of Chapter 105 of the General Statutes is amended by
adding a new Article to read:
VEHICLE REGISTRATION TAX CONFORMED TO NEW REGISTRATION
SYSTEM DEADLINES
SECTION 5.(a) G.S. 105-562(a) reads as rewritten:
"(a) Collection. - A tax or a tax increase levied under this Article becomes effective on
the date set by the board of trustees in the resolution levying the tax or the tax increase. The
effective date must be the first day of a month and may not be earlier than the first day of the
-sixth calendar month after the board of trustees adopts the resolution. To the extent the tax
applies to vehicles whose tax situs is in a county the entire area of which is within the
SL2009-0527 Session Law 2009-527 Page 13
by the State Budget Officer.
not retain any funds.
~f An interlocal agreement under this section may also deal with allocation of funds
between a municipality and coup for operation by the county of a human services public
transportation system within the municipality when the municipality also operates a public
transportation system.
~ This Article is supplemental to Article 51 of this Chapter."
23
jurisdiction of the Authority, the Division of Motor Vehicles shall collect and administer the
tax. To the extent the tax applies to vehicles whose tax situs is in a county that is only partially
within the jurisdiction of the county, the Authority shall collect and administer the tax. The
Authority may contract with one or more local governments in its jurisdiction to collect the tax
on its behalf.
Upon receipt of the resolutions under G.S. 105-561, the Division of Motor Vehicles shall
proceed to collect and administer the tax as provided in this Article. The tax is due at the same
time and subject to the same restrictions as in G.S. 20-87(1), (2), (4), (5), (6), and (7) and
G.S. 20-88. The Division of Motor Vehicles may adopt rules to carry out its responsibilities
under this Article."
SECTION 5.(b) G.S. 105-563 reads as rewritten:
"§ 105-563. Modification or repeal of tax.
The Board of Trustees may, by resolution, repeal the levy of the tax under this Article or
decrease the amount of the tax, under the same procedures and subject to the same limitations
as provided in G.S. 105-561. A tax repeal or a tax decrease becomes effective on the date set by
the board of trustees in the resolution repealing or decreasing the tax. The effective date must
be on the first day of a month and may not be earlier than the first day of the -sixth
calendar month after the board of trustees adopts the resolution. Repeal or decrease of a tax
levied under this Article does not affect the rights or liabilities of an Authority, a taxpayer, or
another person arising before the repeal or decrease."
RTP SERVICE DISTRICT AUTHORIZATION EXTENDED
SECTION 6. G.S. 153A-317 reads as rewritten:
"§ 153A-317. Taxes authorized; rate limitation.
~a,) A ccounty, upon recommendation of the advisory committee established
pursuant to G.S. 153A-313, may levy property taxes within a research and production service
district in addition to those levied throughout the county, in order to finance, provide, or
maintain for the district services provided therein in addition to or to a greater extent than those
financed, provided, or maintained for the entire county. In addition, a county may allocate to a
service district any other revenues whose use is not otherwise restricted by law. The proceeds
of taxes only within a service district may be expended only for services provided for the
district.
Property subject to taxation in a newly established district or in an area annexed to an
existing district is that subject to taxation by the county as of the preceding January 1.
,~ Such additional property taxes may not be levied within any district established
pursuant to this Article in excess of a rate of ten cents (10¢) on each one hundred dollars
($100.00) value of property subject to taxation.
EFFECTIVE DATE
Page 14 Session Law 2009-527 SL2009-0527
24
SECTION 7. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11~' day of August,
2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 8:45 a.m. this 27~' day of August, 2009
SL2009-0527 Session Law 2009-527 Page 15