42-5032. Distribution of bridge construction and highway improvement revenues to county; definitions

A. If, by June 30, 1998, the department of transportation enters into an intergovernmental agreement pursuant to section 28-401, subsection C or section 28-7652, subsection A for the construction of a bridge, the state treasurer shall pay each month, beginning from and after June 30, 1998 through June 30, 2010, pursuant to section 42-5029, subsection D, paragraph 4, one-twelfth of the amount determined under this subsection to a county that issues bonds pursuant to title 28, chapter 21, article 4 or enters into an intergovernmental agreement pursuant to section 28-401, subsection C.  The amount to be paid under this subsection is the amount of state transaction privilege tax revenues received each calendar year, up to four hundred sixteen thousand six hundred sixty-seven dollars, from taxpayers described in subsection C of this section.

B. If, by December 30, 2004, the department of transportation enters into an intergovernmental agreement pursuant to section 28-401, subsection D or section 28-7652, subsection B for the design, reconstruction and improvement of a county highway approaching and traversing a bridge financed pursuant to subsection A of this section, the state treasurer shall pay each month, beginning from and after June 30, 2007 through June 30, 2019, pursuant to section 42-5029, subsection D, paragraph 4, one-twelfth of the amount determined under this subsection to a county that issues bonds pursuant to title 28, chapter 21, article 4 or enters into an intergovernmental agreement pursuant to section 28-401, subsection D.  The amount to be paid under this subsection is the amount of state transaction privilege tax revenues received each calendar year, up to four hundred sixteen thousand six hundred sixty-seven dollars, from taxpayers described in subsection C of this section.  If an owner of a sports entertainment facility described in this section voluntarily conveys a majority ownership interest in the facility to another entity or owner on or before June 30, 2014, the county must reimburse the state general fund the amount paid to the county pursuant to this subsection through the date of the conveyance, either by withholding transaction privilege tax revenues otherwise payable to the county under section 42-5029, subsection D or as otherwise provided by the intergovernmental agreement entered into pursuant to section 28-401, subsection D.  The reimbursement of monies to the state general fund pursuant to this subsection does not affect the continuing payment of highway improvement revenues to the highway improvement interest fund or the redemption fund under section 28-7656, subsection B.  For the purposes of this subsection, a conveyance occurs on the date a transfer of ownership or an option to acquire ownership becomes irrevocable.

C. This section applies with respect to transaction privilege tax revenues collected from all persons conducting business under any business classification under this article at a sports entertainment facility, destination resort or retail center that complies with all of the following:

1. Produces a total of at least six hundred thousand dollars each year in transaction privilege tax revenues to this state pursuant to this article.

2. Will acquire direct county highway access either:

(a) Across a river by the bridge constructed.

(b) By way of the county highway being widened and improved.

3. Produces at least nine hundred thousand dollars in each of the years 2007 through 2011 in transaction privilege tax revenues to this state.

D. The department shall report the amount under subsections A and B of this section to the state treasurer on or before March 31 of each year for payment for the following fiscal year.

E. For purposes of this section:

1. "Destination resort" means a person engaged in businesses classified under both the transient lodging classification and the amusement classification that provides on-site recreational facilities such as a golf course, tennis courts or a riding stable.

2. "Retail center" means a complex consisting of at least two businesses classified under the retail classification.

3. "Sports entertainment facility" means a complex located on at least three hundred acres that requires a ticket for admission for viewing a sporting event.