48-4237. Transaction privilege tax; multipurpose facilities; rate; administration
A. The board of directors of a district established pursuant to section 48-4202, subsection B by resolution may seek authority for the district to levy a transaction privilege tax for multipurpose facilities or other taxes or charges pursuant to subsection E of this section, in addition to or in lieu of other revenues collected pursuant to this article, to be used and spent for the purposes described in section 48-4204, subsection B for the multipurpose facilities.
B. The board of directors shall present the question to the governing bodies of the participating municipalities. The district is exempt from section 16-226. The governing body of each municipality by resolution may approve the district’s request to place a question seeking authority for the district to levy a multipurpose facilities district transaction privilege tax solely within the district, or to impose other taxes or charges pursuant to subsection E of this section on the ballot of an election pursuant to this section held on the same date or on the same ballot as the regularly scheduled election of one or more of the participating municipalities or the state or on any of the four dates prescribed by section 16-204. If the governing body of each municipality approves the district’s request for an election, and if a majority of the qualified electors from each municipality voting at the election approves the multipurpose facilities district transaction privilege tax or other taxes or charges pursuant to subsection E of this section, the board by resolution may levy and, if levied, the department of revenue shall collect a transaction privilege tax solely within the district pursuant to this section or other taxes or charges pursuant to subsection E of this section to be used and spent for the purposes described in section 48-4204, subsection B for the multipurpose facilities. If a question fails to receive a majority approval among the voters in one municipality, but receives a majority approval among the voters in at least two other municipalities, the governing bodies of the approving municipalities, by majority vote of each governing body, may elect to form a new district and authorize the district to levy the tax solely within the boundaries of the new district subject to the conditions authorized by the voters in the election.
C. The board shall state on the ballot the purpose of the tax, the maximum rate of the tax and the maximum number of years for which the tax will be authorized. The tax shall terminate upon the expiration of the years authorized or the completion of the purpose specified in the ballot, whichever is earlier. The rate of tax shall not exceed the limits prescribed by this section. The ballot question may propose to authorize the district to levy and collect taxes and charges pursuant to subsection E of this section.
D. The board shall set the rate of the tax at not more than five per cent of the transaction privilege tax rate prescribed by section 42-5010, subsection A applying on January 1, 1990 to each person engaging or continuing in the district in a business taxed under title 42, chapter 5, article 1, or in the case of persons subject to the tax imposed under section 42-5352, subsection A, at a rate of not more than .1525 cents per gallon of jet fuel sold.
E. If authorized by an election held pursuant to this section, the board may:
1. Pledge all or part of the revenues from a tax under this section to secure the district’s bonds or other financial obligations issued or incurred under this chapter for the multipurpose facilities.
2. Pledge all or part of the incremental increase in the municipal transaction privilege taxes generated in all or a designated geographic area of the district during a period of time before, during and after any specified national championship sporting event or international games hosted in the multipurpose facilities to secure the district’s bonds or other financial obligations issued or incurred under this chapter for the construction of the multipurpose facilities.
3. Impose a surcharge pursuant to the procedures and limits of section 48-4234 in all or a designated geographic area of the district during a period of time before, during and after any specified national championship sporting event or international games hosted in the multipurpose facilities except that a car rental surcharge imposed pursuant to this paragraph shall not apply to the lease or rental of a motor vehicle as a replacement vehicle owned by the lessee for personal use. For the purposes of this paragraph, " replacement vehicle" means a vehicle loaned by a motor vehicle repair facility or dealer, or that an individual rents temporarily, to use while a vehicle owned by the individual is not in use because of breakdown, repair, service, damage, or loss as defined in the individual’s applicable private passenger automobile insurance policy.
4. Levy and, if levied, the department of revenue shall collect a tax at a rate of not to exceed one per cent of the gross proceeds of sales or gross income from the business of every person engaging or continuing in the district in a business taxed under sections 42-5070 and 42-5074 during a period of time before, during and after any specified national championship sporting event or international games hosted in the multipurpose facilities to secure the district’s bonds or other financial obligations issued or incurred under this chapter for the construction of the multipurpose facilities.
5. Use amounts paid to the district pursuant to section 42-5031 and received from the multipurpose facility site the boundaries or boundary amendment of which are described in the publicity pamphlet as allowed by law, including securing the district’s bonds or other financial obligations issued or incurred under this chapter for the construction of the multipurpose facilities which are owned by the district or which are publicly owned.
F. Unless the context otherwise requires, section 42-6102 governs the administration of any tax imposed under this section.
G. Each month the state treasurer shall remit to the district treasurer the net revenues collected under this section during the second preceding month. The district treasurer shall deposit the monies in the stadium district fund. Revenues from a tax under this section shall not be commingled with revenues collected pursuant to this article for any other purpose but shall be separately accounted for and used solely with respect to uses authorized in section 48-4204, subsection B.
H. In addition to other requirements prescribed by law, the board shall prepare, print and distribute publicity pamphlets concerning the proposed issue to be submitted to the voters. The board shall distribute one copy of the publicity pamphlet at least ten but not more than thirty days before the election to each household containing a registered voter in the district. The publicity pamphlet shall contain all of the following:
1. The date of the election.
2. The location of the polling places and the times the polling places will be open.
3. A true copy of the title and text of the resolution proposing the tax.
4. A summary of the purposes for which the tax is proposed to be levied and a description of the multipurpose facilities.
5. The estimated cost of the multipurpose facility to be financed.
6. An estimate of the annual amount of revenues to be raised from the proposed tax.
7. The geographic area, time period and amount of any tax, tax distribution, or surcharge proposed under subsection E of this section.