AG 2002 10 21 (Regular) - Laserfiche WebLink

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IFrank Clifton . From: NCACC1 [NCACC@NCACC.ORG] Sent: Friday, September 27, 2002 2:17 PM To: fwclifton@co.cabarrus, nc. us; jdday@co.cabarrus, nc. us Cc: ckstraub@co.cabarrus, nc.us; sfbonds@co.caba rrus. nc.us Subject: SAMPLE SALES TAX RESOLUTION Draft Sales Tax Resolution.doc... Managers (clerks, please forward to your attorneys): Attached is a Model Resolution for use in levying the half-cent sales tax authorized by the General Assembly in the 2001 Current Operations Budget Act, Senate Bill 1005, Session Law 2001-424, as amended by Senate Bill 1292, Session Law 2002-123, "An Act to Accelerate the Additional One-half Cent Local Option Sales and Use Tax and to Make Conforming and Technical Changes. SOME EXPLANATORY NOTES: 1. Resolutions adopted previously, pursuant to the 2001 authorizing legislati,on alone, will not be valid to enact the tax effective in the current fiscal year. A new Resolution must be adopted, no matter how the earlier Resolution was phrased. 2. The terms "one-half cent (~¢)" and "one-half percent (%%)" are both used in the resolution. Both are used in the authorizing legislation. The Title of Article 44 of Chapter 105 of the General Statutes is "Third One-Half Cent (~¢) Local Government Sales and Use Tax." Within the new Article, specifically in N.C.G.S. 105-517, the more accurate "one-half percent (~%)" is used. 3. The 2002 legislation.(Senate Bill 1292) authorizes a county to levy a tax that may become effective December 1, 2002. If a county levies a tax effective on that date, or "on or before January 1, 2003," the county is required to give the Secretary of Revenue only 30 days notice of the tax levy. For taxes levied after January 1, 2003, the provisions of G.S. 105-466© apply: 90 days notice to the Secretary of Revenue and the effective date may be no sooner than July 1, 2003. 4. The 2002 legislation does not require a public hearing prior to passage of the resolution levying the tax. The legislation does require that the county give at least 48 hours notice of its intent to adopt the resolution, as provided under G.S. 143-318.12(b)(2) ("Public Notice of Official Meetings;" notice to be posted and mailed or delivered to news media and interested parties at least 48 hours before the time of the meeting). The 48 hours notice must be provided whether the Resolution is to be considered at a regular meeting or at a special meeting. 5. References to revenues lost because of state action to eliminate reimbursements have been included as a "Whereas" paragraph. Please note that the total number of dollars lost to your county (and if you choose, to the cities and towns in your county) has been left blank for you to fill in. We have provided you a spreadsheet detailing total reimbursements, as well as projected sales tax revenue, on our web site. (http://www.ncacc.or.q/conferencesalestax.htm). The latter figures assume an effective date of December 1 for all counties. 6. The official resolution should be sent to: The Honorable Norris Tolson Secretary of Revenue 501 North Wilmington Street P. O. Box 25000 Raleigh, North Carolina 27640