If any representative of an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project alleges in a written complaint filed with the county governing body within fifteen days of the meeting at which an ordinance or resolution authorizing the issuance of bonds pursuant to the County Industrial Revenue Bond Act is adopted that the proposed project would directly and substantially compete with such an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project, the bonds in connection with that project shall not be issued until the state board of finance has determined that the proposed project will not directly or substantially compete with an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project. The state board of finance shall conduct a hearing and make the determination within ninety days of receiving a request for determination from the county. An existing business or enterprise for which bonds were previously issued by the county pursuant to the County Industrial Revenue Bond Act shall not be entitled to file a complaint pursuant to this section.

History: 1953 Comp., § 15-60-15, enacted by Laws 1975, ch. 286, § 15; 2015, ch. 120, § 2.

The 2015 amendment, effective July 1, 2015, required the state board of finance to conduct a hearing following a complaint that a proposed project would directly and substantially compete with an existing business or enterprise, and required the state board of finance to make a determination within ninety days of receiving the request for determination as to whether the proposed project will directly or substantially compete with the existing business or enterprise; in the catchline, added "State"; in the section, after "filed with the county governing body", deleted "at a" and added "within fifteen days of the", after "authorizing the issuance of bonds", deleted "hereunder" and added "pursuant to the County Industrial Revenue Bond Act is adopted", after "the bonds in connection with", deleted "such" and added "that", and after "within five miles of the proposed project.", added "The state board of finance shall conduct a hearing and make the determination within ninety days of receiving a request for determination from the county. An existing business or enterprise for which bonds were previously issued by the county pursuant to the County Industrial Revenue Bond Act shall not be entitled to file a complaint pursuant to this section.".