2014 Kentucky Revised Statutes CHAPTER 96A - MASS TRANSIT AUTHORITIES 96A.320 Submission of proposal to establish program -- Voters -- Program financing.
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96A.320 Submission of proposal to establish program -- Voters -- Program
financing.
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As used in KRS 96A.310 to 96A.370, the term "mass transportation program"
shall mean the provision of necessary funds by public bodies to transit
authorities created pursuant to KRS Chapter 96A with which to acquire,
operate, and preserve mass transportation facilities. A "mass transportation
program" may also include a method for the public body or public bodies to
finance principal and interest payments on any general obligation bonds issued
pursuant to KRS 96A.120, or to finance transportation-related facilities to
promote the movement of vehicles and people. Urban-county governments
which initiate a "mass transportation program" may include in this program the
improvement of existing roads and the construction of new roads.
Public bodies which have been parties to the creation and establishment of
transit authorities, or who constitute the membership of such transit authorities,
may, acting either individually or jointly, submit to either the electorates of such
public bodies, or the electorate of the transit area encompassed by any such
transit authority, but only in the manner and pursuant to the procedures set
forth in KRS 96A.310 to 96A.370, one (1) or more proposals for the approval of
a mass transportation program to be financed by additional voted levies of ad
valorem taxes upon all taxable property in such public body or public bodies.
Such additional voted levies of ad valorem taxes upon all taxable property in
any such public body shall never exceed in the aggregate the limits prescribed
by the Constitution of Kentucky for any such public body.
Public bodies which have been parties to the creation and establishment of
transit authorities, or who constitute the membership of such transit authorities,
may, acting either individually or jointly, submit to either the electorates of such
public bodies, or the electorate of the transit area encompassed by any such
transit authority, but only in the manner and pursuant to the procedures set
forth in KRS 96A.310 to 96A.370, one (1) or more proposals for the approval of
a mass transportation program to be financed by voted levies of occupational
license fees. Such voted levies of occupational license fees shall not exceed
one percent (1%) of:
(a) Salaries, wages, commissions, and other compensation earned by
persons for work done and services performed or rendered; and
(b) The net profits of businesses, trades, professions, or occupations from
activities conducted in the public body, or the transit area, except public
service companies, banks, trust companies, combined banks and trust
companies, combined trust, banking and title companies, any savings and
loan association whether state or federally chartered, and in all other
cases where a public body is prohibited by law from imposing a license
fee.
(a) Public bodies which have been parties to the creation and establishment
of transit authorities, or who constitute the membership of such transit
authorities, may, acting either individually or jointly, submit to either the
electorates of such public bodies, or the electorate of the transit area
encompassed by any such transit authority, but only in the manner and
pursuant to the procedures set forth in KRS 96A.310 to 96A.370, one (1)
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or more proposals for the approval of a mass transportation program to
be financed by the voted levy of a sales tax upon all retailers at a rate not
to exceed one-half of one percent (0.5%) of the gross receipts of any
retailer derived from "retail sales" or "sales at retail" made within the
public body or public bodies, provided, however, that public transit sales
tax shall not be levied on those retail sales which are exempted from the
state sales tax by KRS Chapter 139 on June 19, 1976, or hereafter
exempted.
(b) Any sales tax levied for said purpose shall be in addition to the sales tax
authorized by Chapter 139 of the Kentucky Revised Statutes. Said public
transportation sales tax shall be collected and administered under the
provisions of Chapter 139 of the Kentucky Revised Statutes and the rules
and regulations of the Kentucky Department of Revenue.
The Kentucky Department of Revenue shall refund that portion of the sales tax
collected as a public transportation tax to the public body or bodies imposing
said tax.
Notwithstanding any other provision contrary hereto, a mass transportation
program financed by a public body or public bodies from said sales tax shall be
restricted by the following order of priorities, to wit:
(a) First, the annual payment of principal, interest, and sinking fund
requirements on any general obligation bonds issued pursuant to KRS
96A.120;
(b) Second, appropriations to the transit authority to provide local matching
funds for any available federal or state capital, operating, or planning and
demonstration grant projects in accordance with the annual approved
budget; and
(c) Third, any excess funds in the control of each public body receiving said
tax shall be transferred to the general fund of each such public body for
public transportation and traffic improvement projects at any location
within a city or county, in any manner which said public body or public
bodies determine will improve transportation, road or traffic conditions, or
in general will promote the movement of people and vehicles.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 105, effective June 20, 2005. -Amended 1990 Ky. Acts ch. 417, sec. 1, effective July 13, 1990. -- Amended
1978 Ky. Acts ch. 384, sec. 560, effective June 17, 1978. -- Amended 1976 Ky.
Acts ch. 301, sec. 6; and ch. 350, sec. 1. -- Created 1974 Ky. Acts ch. 169,
sec. 2.
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