View Amendment Current Amendment: 1 to Bill 940 The Ways and Means Committee proposes the following Amendment No. 1 to S. 940 (COUNCIL\BH\940C009.BH.DG14):

Reference is to Printer's Date 3/19/14--S.

Amend the bill, as and if amended, SECTION 1, page 3, by adding two appropriately lettered subsections at the end of Section 4-10-470 to read:

/      ( )(1)      The Education Capital Improvements Sales and Use Tax authorized by this article also may be imposed in a county which does not meet the collection requirements of subsection (A) so long as the county in which the tax is to be imposed:
           (a)      is comprised of more than one school district and the county has a county board of education; and
           (b)      has no other local sales tax imposition at the time of the referendum.
           (2)      Notwithstanding any other provision of this article, if the Education Capital Improvements Sales and Use Tax is imposed pursuant to this subsection, then:
           (a)      at least ten percent of the proceeds must be used to provide property tax relief by using the proceeds to offset the existing debt service millage levy on general obligation bonds pursuant to Section 4-10-445; and
           (b)      the tax revenue distributed to each district must be in the proportion that the district's average daily membership (ADM) attributes to the total ADM of all the school districts in the county, limited to ADM attributable to the county.
           (3)      the resolution required pursuant to Section 4-10-425 must be agreed to by a majority vote of the board of trustees of each school district located in whole or in part in the county.
           (4)      For purposes of this subsection, a sales tax is a tax levied pursuant to this chapter, pursuant to Chapter 37, Title 4, or pursuant to any local law enacted by the General Assembly.
           (5)      Once a county meets the provisions of item (1) and imposes the education capital improvement sales and use tax, it thereafter remains eligible to impose this tax pursuant to this subsection.
     ( )      The Education Capital Improvements Sales and Use Tax authorized by this article also may be imposed in a county which does not meet the collection requirements of subsection (A) so long as:
           (1)      immediately prior to the imposition date, if approved:
           (a)      the county is imposing the local option sales tax imposed pursuant to Article 1, and the county has not imposed that tax for twenty years or more, in which any portion of a calendar year counts as a year, and no other local sales and use tax that is administered by the Department of Revenue is imposed in the county; and
           (2)      the county collected at least one hundred thousand dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available.
     Once a county meets the provisions of item (1) and the threshold in item (2), it thereafter remains eligible to impose this tax pursuant to this subsection.            /

Renumber sections to conform.
Amend title to conform.