To provide time to prepare for an election required under this chapter and to provide time for the Director of the Department of Finance and Administration to accomplish his or her duties, the following requirements apply to an ordinance levying a local sales and use tax under this chapter:
(1) (A) The ordinance levying the local sales and use tax under this chapter is not effective until after the election under § 26-82-104 has been held.
(B) (i) Following the election, the mayor or the county judge of the levying entity shall issue his or her proclamation of the results of the election with reference to the local sales and use tax.
(ii) The proclamation described in subdivision (1)(B)(i) of this section shall be published one (1) time in a newspaper having general circulation within the levying entity.
(C) A person desiring to challenge the results of an election as published in the proclamation shall file the challenge in the circuit court of the county in which the levying entity is located within thirty (30) days of the date of publication of the proclamation;
(2) The local sales and use tax shall not go into effect until the governing body of the levying entity has adopted a written plan stating the following:
(A) A description of the economic development project to be financed by the revenues from the local sales and use tax;
(B) A description of the economic impact and the cost-benefit analysis of the proposed economic development project;
(C) An estimate of the amount of revenue from the local sales and use tax necessary to defray costs for the economic development project and a budget of the costs;
(D) (i) A certification by the mayor or county judge of the levying entity that each economic development project to benefit from the expenditure of the revenues from the local sales and use tax consists of an investment in the region that satisfies at least three (3) of the criteria in § 26-82-102(4).
(ii) The certification described in subdivision (2)(D)(i) of this section shall state with specificity which criteria under § 26-82-102(4) the economic development project satisfies; and
(E) A tentative time schedule stating the period of time during which the sum requested is to be expended;
(3) (A) As directed by the governing body of the levying entity and after the written plan has been approved by the governing body of the levying entity under subdivision (2) of this section, the mayor or county judge of the levying entity shall notify the director of the rate change:
(i) After publication of the proclamation has occurred; and
(ii) (a) Ninety (90) days before the effective date of the local sales and use tax.
(b) The effective date of the local sales and use tax shall be the first day of a calendar quarter.
(B) The ordinance shall become effective no earlier than the first day of the calendar quarter after the:
(i) Director gives to sellers a minimum notice period of sixty (60) days; and
(ii) Expiration of the full thirty-day period of challenge under subdivision (1) of this section.
(C) The rate change on a purchase from a printed catalog in which the purchaser computed the tax based upon local tax rates published in the catalog is effective on the first day of a calendar quarter after a minimum of one hundred twenty (120) days' notice by the director to the sellers; and
(4) If an election contest occurs under subdivision (1) of this section, the local sales and use tax shall be collected under this chapter unless enjoined by a court order.
Section: Previous 26-82-102 26-82-103 26-82-104 26-82-105 26-82-106 26-82-107 26-82-108 26-82-109 26-82-110 26-82-111 26-82-112 26-82-113 26-82-114 26-82-115 NextLast modified: November 15, 2016