Rep. RUTHERFORD proposes the following Amendment No. 2 to S. 217 (COUNCIL\DG\217C002.NBD.DG20):

Reference is to Printer's Date 9/15/20-H.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/ SECTION 2. Section 6-1-730 of the 1976 Code is amended by adding an appropriately lettered new subsection at the end to read:

"( )(1) If applying the provisions of subsection (A)(7), then the revenues must be expended exclusively on public works projects designed to eliminate or mitigate the adverse effects of recurrent nuisance flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.

(2) Before making expenditures authorized by subsection (A)(7), a local governing body must present the project and associated expenditures to a local hospitality tax panel. The panel shall consists of the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House, the Minority Leader of the House, and the Director of the Department of Parks, Recreation and Tourism. The members set forth heretofore may appoint a designee to serve in their place. Any vacancy on the panel must be filled by such members or their designee. A local governing body may only make expenditures authorized by subsection (A)(7) if the panel approves the project and expenditures. If a local governing body has ever adopted an ordinance or otherwise taken action that is considered to be unconstitutional or violative of any law, then the panel must reject all projects and expenditures associated with the local governing body. A local governing body may appeal a decision of the panel to the Administrative Law Court in the manner provided by law. All meetings of the panel shall adhere to the notice requirements of the Freedom of Information Act, and the local governing body seeking approval must provide notice on its website in the same manner. If any person protests the approval, then the case must be forwarded to the Administrative Law Court for adjudication." /