Senate committee substitute to the 3rd edition makes the following changes.
Changes the act’s long title.
Makes a clarifying change in Section 1. Also provides that Section 1 is effective when it becomes law and expires for net proceeds distributed beginning on or after the date of the levy of a tax by Guilford County approved in a referendum authorized under Article 46 of GS Chapter 105, as amended by Section 2 of this act. Reenacts this section if the Guilford County Board of Commissioners repeals the tax levied under Article 46 of GS Chapter 105, as amended by Section 2 of this act, for net proceeds distributed beginning on or after the date of the repeal. Requires the Guilford County Board of Commissioners to notify the Revisor of Statutes if it either levies or repeals the tax under Article 46 of GS Chapter 105, as amended by Section 2 of this act.
Section 2
Adds the following new content, applicable to Guilford County only.
Amends GS 105-537 to require a tax levied under Article 46 (One‑Quarter Cent (1/4¢) County Sales and Use Tax) to be approved in a referendum. Amends the ballot language by specifying that tax is to be used solely for classroom teacher salary supplements, fire protection equipment and services, for Guilford Technical Community College, and to be used by municipalities for any public purpose. Makes additional clarifying changes.
Amends GS 105-538 as follows. Adds and defines the following terms: (1) adjusted distribution (net proceeds of the tax collected under Articles 39, 40, and 42 of GS Chapter 105 distributable to a municipality as calculated using the per capita distribution method multiplied by 25%); (2) ad valorem distribution (net proceeds of the tax collected under Articles 39, 40, and 42 of GS Chapter 105 and distributable to a municipality as calculated using the ad valorem distribution method); (3) allocated share (amount equal to a qualifying municipality's ad valorem distribution subtracted from its adjusted distribution but only if the amount is positive; (4) per capita distribution (the net proceeds of the tax collected under Articles 39, 40, and 42 of GS Chapter 105 and distributable to a municipality as calculated using the per capita distribution method); and (5) qualifying municipality (municipality located in Guilford County that has an adjusted distribution greater than its ad valorem distribution). Requires the Secretary of Revenue, during any year where the ad valorem method of distribution is in effect in the taxing county, to calculate and distribute, on a monthly basis, the net proceeds of the tax collected under Article 46 under the specified formula. Requires qualifying municipalities (except Summerfield, which has its own requirements), each fiscal year, to use the net proceeds of a tax distributed to it under Article 46 only for any public purpose. Requires the county, each fiscal year, to use the net proceeds of a tax distributed to it under Article 46 for the items and in the amounts and priority order as set forth in the statute, for the Guilford County Fire and Rescue Council, Guilford Technical Community College, and for classroom teacher salary supplements. Requires the county to use the net proceeds of a tax distributed to it under Article 46 to supplement and not to supplant or replace existing funds or other resources for the items listed to at least maintain funding for the items listed at a level that meets the average level of funding provided for that item during the previous 10 years.
Applies to referenda held on or after the date the section becomes law for which the Guilford County Board of Commissioners has adopted a resolution prior to, on, or after the effective date of this section.
GUILFORD COUNTY SALES TAX DISTRIBUTION MODS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT APPLICABLE TO GUILFORD COUNTY ONLY THAT (1) PROMOTES FAIRNESS IN SALES TAX DISTRIBUTIONS BY ALLOWING MUNICIPALITIES THAT DO NOT LEVY AD VALOREM TAXES TO RECEIVE A PERCENTAGE OF LOCAL GOVERNMENT SALES AND USE TAX DISTRIBUTIONS; (2) MODIFIES THE BALLOT QUESTION FOR A REFERENDUM REGARDING THE LEVY OF THE ARTICLE 46 QUARTER-CENT SALES AND USE TAX; (3) SPECIFIES THE USES OF THE ARTICLE 46 TAX PROCEEDS; AND (4) DISTRIBUTES A PORTION OF THE ARTICLE 46 TAX PROCEEDS TO CERTAIN MUNICIPALITIES IN GUILFORD COUNTY.Intro. by Blust.
Bill History:
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Wed, 5 Mar 2025 House: Filed(link is external)
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Thu, 6 Mar 2025 House: Passed 1st Reading(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 29 Apr 2025 House: Re-ref Com On Finance(link is external)
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Tue, 6 May 2025 House: Reptd Fav(link is external)
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Tue, 6 May 2025 House: Reptd Fav(link is external)
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Tue, 6 May 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 6 May 2025 House: Placed On Cal For 05/07/2025(link is external)
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Wed, 7 May 2025 House: Failed 2nd Reading(link is external)
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Wed, 7 May 2025 House: Reconsidered 2nd Reading(link is external)
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Wed, 7 May 2025 House: Withdrawn From Cal(link is external)
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Tue, 17 Jun 2025 House: Reptd Fav(link is external)
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Tue, 17 Jun 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 17 Jun 2025 House: Added to Calendar(link is external)
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Tue, 17 Jun 2025 House: Amend Adopted A1(link is external)
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Tue, 17 Jun 2025 House: Passed 2nd Reading(link is external)
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Tue, 17 Jun 2025 House: Passed 3rd Reading(link is external)
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Tue, 17 Jun 2025 House: Ordered Engrossed(link is external)
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Wed, 18 Jun 2025 House: Special Message Sent To Senate(link is external)
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Wed, 18 Jun 2025 Senate: Special Message Received From House(link is external)
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Wed, 18 Jun 2025 Senate: Passed 1st Reading(link is external)
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Fri, 20 Jun 2025 Senate: Withdrawn From Com(link is external)
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Mon, 23 Jun 2025 Senate: Reptd Fav Com Substitute(link is external)
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Mon, 23 Jun 2025 Senate: Com Substitute Adopted(link is external)
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Wed, 25 Jun 2025 Senate: Reptd Fav(link is external)
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Wed, 25 Jun 2025 Senate: Placed on Today's Calendar(link is external)
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Wed, 25 Jun 2025 Senate: Passed 2nd Reading(link is external)
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Thu, 26 Jun 2025 Senate: Passed 3rd Reading(link is external)
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Thu, 26 Jun 2025 Senate: Special Message Sent To House(link is external)
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Thu, 26 Jun 2025 House: Ruled Material(link is external)
Bill Summaries:
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Bill H 305 (2025-2026)Summary date: Jun 23 2025 - View Summary
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Bill H 305 (2025-2026)Summary date: Jun 17 2025 - View Summary
House amendment to the 2nd edition makes the following changes.
Changes the date by which the council of a qualifying municipality must adopt a resolution indicating its intent to receive an allocated share so that it must be adopted no later than October 1, 2025 (was, June 30, 2025). Makes a technical correction.
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Bill H 305 (2025-2026)Summary date: Apr 29 2025 - View Summary
House committee substitute to the 1st edition makes the following changes.
Changes the title of defined term net proceeds to allocated share. Expands the types of taxes referenced in per capita distribution to include net proceeds of taxes collected under Articles 40 and 42 of GS Chapter 105. Expands the types of allocated shares of net proceeds that may be allocated to a qualifying municipality to include those taxes collected under Articles 39, 40, and 42 of GS Chapter 105. Requires any qualifying municipality intending to collect an allocated share under the act in 2025 to adopt a resolution indicating its intent to do so by no later than June 30, 2025. Requires a qualifying municipality intending to collect an allocated share to adopt a resolution as described during the month of April in all other years. Specifies that an adopted resolution is effective for net proceeds distributed beginning on and after the fiscal year following the succeeding fiscal after the adoption of the resolution. Directs that if Guilford County (County) chooses the per capita distribution method, then any resolution is effective until a resolution adopted by the County’s Board of Commissioners becomes effective. Provides for discontinuation, as specified, of the distributions under the act if either the municipality no longer meets the criteria of a "qualifying municipality" or a resolution by the County choosing the per capita distribution method becomes effective. Sets forth a four-pronged method of distribution for the Secretary of Revenue (Secretary) to employ when calculating and distributing the net proceeds of the taxes specified under the act. Directs the Secretary to provide the information to assist with distributions made by the County and its municipalities to taxing districts. Removes provisions reducing the net proceeds of the tax distributed to the County and its municipalities by the amount of the net proceeds distributed to qualified municipalities under this act. Makes technical and conforming changes.
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Bill H 305 (2025-2026)Summary date: Mar 5 2025 - View Summary
Allows a qualifying municipality [a municipality in Guilford County that does not levy ad valorem taxes and does not receive a distribution under GS 105-472(b)(2) (distribution of tax proceeds from the local sales and use tax using the ad valorem distribution method] to receive distributions of net proceeds during in year in which the Guilford County Board of Commissioners (Board) chooses the ad valorem distribution method. Defines net proceeds as the produce of a qualifying municipality’s per capita distribution multiplied by 25%. In order to be effective, requires the council of the qualifying municipality to adopt a resolution indicating its intent to receive net proceeds in accordance with this act and deliver a certified copy of the resolution to the Secretary in Raleigh. The resolution remains effective until (1) the municipality no longer meets the criteria of a qualifying municipality, or (2) the Board choses the per capita distribution method, after which time the municipality must adopt and submit a new resolution. Reduces the net proceeds of the tax distributed to the County and its municipalities by the amount of the net proceeds distributed to qualified municipalities under this act. Specifies that ad valorem taxes levied by any service or fire district located within a qualifying municipality does not prohibit that municipality from receiving net proceeds under this act.
Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO PROMOTE FAIRNESS IN SALES TAX DISTRIBUTIONS FOR MUNICIPALITIES IN GUILFORD COUNTY BY ALLOWING MUNICIPALITIES THAT DO NOT LEVY AD VALOREM TAXES TO RECEIVE A PERCENTAGE OF LOCAL GOVERNMENT SALES AND USE TAX DISTRIBUTIONS.