View Amendment Current Amendment: 3 to Bill 1167 Rep. BINGHAM proposes the following Amendment No. 3 to S. 1167 (COUNCIL\AGM\19648AB12):

Reference is to Printer's Date 5/24/12--H.

Amend the bill, as and if amended, page [1167-5] by striking Section 4-10-310, beginning on line 5 and inserting:

     / Section 4-10-310.      Subject to the requirements of this article, the county governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the county area for a specific purpose or purposes and for a limited amount of time. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article. However, at no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this article, pursuant to Chapter 37, Title 4, or pursuant to any local law enacted by the General Assembly. This limitation does not apply in a county area in which, as of July 1, 2012, the only local sales and use tax applying is imposed by local law allowing a credit against property taxes levied for school use. /

Amend further, as and if amended, page [1167-5], beginning on line 27, by striking Sections 4-10-1120 and 4-10-1130 and inserting:

     / Section 4-10-1120.      Subject to a referendum to be held in the municipality, the approval by ordinance of the governing body of the county or counties in which the municipality is situated, and the other requirements of this article, the municipal governing body of a municipality in which applies as of July 1, 2012, a countywide local sales and use tax imposed by local law allowing a credit against property taxes levied for school use may impose, or reimpose as applicable, a sales and use tax not exceeding one percent, for a specific purpose or purposes and for a limited amount of time. The revenues collected pursuant to this article may be pledged as security for, and used to defray debt service on, bonds issued to pay for projects authorized in this article.

     Section 4-10-1130.      (A)      A municipality that imposes a local hospitality tax, pursuant to Article 7, Chapter 1, Title 6, not including a municipality that consents to the county's imposition, may not impose a capital project sales tax under the provisions of this article.
     (B)(1)      The tax authorized by this article may not be imposed in a municipality located in whole or in part in a county in which currently is imposed a tax authorized pursuant to Article 3 of this chapter, the Capital Projects Sales Tax Act or a tax imposed pursuant to Chapter 37 of this title.
           (2)      If a municipality imposes the tax authorized by this article and afterward a county in which the municipality is located imposes either of the countywide taxes cited in item (1) of this subsection, the otherwise countywide tax does not apply in the municipality until the expiration of the tax authorized by this article. The tax authorized by this article may not be reimposed if either of the countywide taxes cited in item (1) of this subsection are in effect.
     (C)(1)      Notwithstanding the provisions of subsection (A), a municipal governing body, by ordinance, may elect to suspend the collection of its local hospitality tax and implement a capital project sales tax pursuant to this article at a rate that may not exceed one percent. A suspension must be effective upon the date set by the ordinance, but no later than the date the capital project sales tax is imposed pursuant to this article. The suspension shall continue until the capital project sales tax terminates. During the suspension, the entire local hospitality tax must be considered in place for purposes of Section 6-1-740.
           (2)      If the sales and use tax is not approved by referendum or is otherwise terminated pursuant to the provisions of this act, the suspension must be lifted and the local hospitality tax must be reinstated at its prior collection rate. /
Renumber sections to conform.
Amend title to conform.