48-4236. Transaction privilege tax; spring training; rate; administration

A. If the board of directors of a district established pursuant to section 48-4202, subsection A in a county with a population of less than one million five hundred thousand persons, according to the most recent United States decennial census, determines that it is necessary in order to retain, attract or relocate a major league baseball spring training operation, the board may by resolution order that a question seeking authority for the district to levy a transaction privilege tax be placed on the ballot of an election pursuant to this section, in addition to or in lieu of other revenues collected pursuant to this article to be used and expended for the purposes set forth in section 48-4204, subsection A. If a majority of the qualified electors voting at the election approves the county stadium district transaction privilege tax, the board may by resolution levy and, if levied, the department of revenue shall collect a transaction privilege tax pursuant to this section to be used and expended for the purposes set forth in section 48-4204, subsection A. The board of directors may pledge all or part of the tax levied under this section to secure the district's bonds or other financial obligations issued or incurred under this chapter.

B. If approved at an election pursuant to this section, the district board of directors may levy a transaction privilege tax, for up to five years, at a rate of not more than two per cent of the 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 .061 cents per gallon of jet fuel sold. The tax is effective and shall be collected beginning January 1 or July 1, whichever date first occurs at least three months after the board levies the tax.

C. Unless the context otherwise requires, section 42-6102 governs the administration of a tax imposed under this section.

D. Each month the state treasurer shall remit to the district treasurer the net revenues collected under this section during the preceding month. The district treasurer shall deposit the monies in the county stadium district fund.

E. If the board of directors proposes such a tax levy, the board, by resolution, shall either order and call a district-wide special election or place the issue on the ballot of a regular general election held in the district. The board shall specify on the ballot the purpose of the tax, the rate of tax and the number of years for which the tax will be authorized. The rate of tax shall not exceed the limits prescribed by this section. To be valid the tax authorization must be approved by a majority of the qualified electors voting at the election.

F. In addition to other requirements prescribed by law, the board shall prepare, print and distribute publicity pamphlets concerning the tax issue proposed. 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 in the district containing a registered voter. The publicity pamphlet shall contain all of the following:

1. The date of the election.

2. 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.

5. The estimated revenue needs for the described purpose.

6. An estimate of the annual amount of revenues to be raised from the proposed tax.

7. Arguments for and against the proposed tax levy.