Definitions

As used in this article, the term: (1) “For-hire ground transport service provider” means a limousine carrier, ride share network service, taxi service, and transportation referral service as such terms are defined in Code Section 40-1-190. (2) “For-hire ground transport trip” means any request for a journey by passenger vehicle as such term is defined in Code Section 40-8-76.1 provided by a for-hire ground transport service provider for which an individual is charged a fee, whether such journey was completed or not. (3) “Shared for-hire ground transport trip” means any for-hire ground transport trip in which an individual has been matched with another individual by a for-hire ground transport service provider for purposes of such journey. (4) “Transit” means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a state agency or authority, a local government, a community improvement district, or any other similar entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services; school bus services; courtesy shuttle and intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are 264 48-13-140 SPECIFIC, BUSINESS, & OCCUPATION TAXES 48-13-141 defined in Chapter 1 of Title 40 and which are not paid for by a public entity. (5) “Transit projects” means a capital project to establish, enhance, maintain, or improve transit. (6) “Transit provider” means the Department of Transportation, the Atlanta-region Transit Link “ATL” Authority, or a system providing transit or a jurisdiction operating such a system that receives federal transit formula funding. History. Code 1981, § 48-13-140, enacted by Ga. L. 2020, p. 903, § 2-2/HB 105. 48-13-141. Excise tax on for-hire ground transport; Georgia Transit Trust Fund established; annual adjustment. (a) On and after April 1, 2020, an excise tax in the amount of 50¢ shall be levied upon any for-hire ground transport trip and 25¢ upon any shared for-hire ground transport trip. Such excise tax shall be collected and remitted by the for-hire ground transport service provider itself and not the vehicle driver. Such excise tax shall be administered, collected, and due and payable in the same manner as would otherwise be required by the tax imposed under Article 1 of Chapter 8 of this title. (a.1)(1)(A) There shall be established a Georgia Transit Trust Fund as a separate fund in the state treasury. The commissioner of transportation shall be the trustee of the fund. (B) The state treasurer shall invest the money held in the Georgia Transit Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. (2) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (a) of this Code section shall be annually appropriated to the Georgia Transit Trust Fund established by paragraph (1) of this subsection and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. 265 48-13-143 (3) All of the money appropriated to the Georgia Transit Trust Fund pursuant to paragraph (2) of this subsection shall be dedicated for use by one or more transit providers on transit projects. (4) The commissioner of transportation shall prepare an accounting of the funds expended pursuant to this subsection during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year. (b) The department shall annually adjust the amount of the excise tax levied pursuant to subsection (a) of this Code section to reflect the effect of annual inflation or deflation for the cost of living that consumers in this state experienced on average during the immediately preceding calendar year in accordance with rules and regulations. Such rules and regulations may use for this purpose the Consumer Price Index for All Urban Consumers rate published by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the department determines that such federal index reflects the effect of inflation and deflation for the cost of living that consumers in this state experienced on average during the preceding calendar year. History. Code 1981, § 48-13-141, enacted by Ga. L. 2020, p. 903, § 2-2/HB 105; Ga. L. 2021, p. 761, § 19/HB 511.