SLS 12RS-748 REENGROSSED Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 350 BY SENATOR MURRAY TAX/LOCAL. Authorizes the levy and collection of a local tax of 3% on the gross proceeds derived from the lease or rental of an automobile pursuant to an automobile rental contract in any parish in which collection of the tax is approved by the registered voters of the parish. (7/1/12) AN ACT1 To amend and reenact R.S. 47:551(A) and (D)(3)(b), relative to local taxes; to authorize the2 levy and collection of a local tax on the gross proceeds derived from the lease or3 rental of an automobile pursuant to an automobile rental contract if approved by the4 registered voters of the parish; to provide for certain distribution of proceeds; and to5 provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 47:551(A) and (D)(3)(b) are hereby amended and reenacted to read8 as follows: 9 ยง551. Imposition of tax 10 A.(1) Beginning July 1, 2012, there is hereby levied, subject to the11 provisions of Paragraph (2) of this Subsection, for the period from August 1, 199012 through June 30, 2012, a state tax of two and one-half percent and a local tax of one-13 half of one three percent of the gross proceeds derived from the lease or rental of an14 automobile pursuant to an automobile rental contract, less any sales and use tax15 included in such contract. The tax shall be in addition to any tax, fee, or license16 imposed directly or indirectly. The tax shall not apply to any automobile rented by17 SB NO. 350 SLS 12RS-748 REENGROSSED Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. an insurance company as a replacement vehicle for a policyholder or by an1 automobile dealer as a replacement vehicle while a customer's vehicle is being2 serviced or repaired, nor shall the tax apply to any individual or business who rents3 a vehicle as a replacement vehicle while his vehicle is being repaired if the4 individual presents to the renter upon return of the rented vehicle a copy of the repair5 or service invoice.6 (2) The tax shall be collected in a parish only after the question of its7 collection has been approved by a majority of the registered voters of the parish8 who vote on the proposition authorizing the tax at an election held for that9 purpose in accordance with the Louisiana Election Code. The election on the10 question of the collection of the tax in the parish shall be held at the same time11 as a regularly scheduled election in the parish.12 * * *13 D. * * *14 (3) The local tax as provided in Subsection A of this Section which is15 collected in Jefferson Parish shall be distributed as follows:16 * * *17 (b) Two-thirds of the tax shall be distributed as follows: to the Jefferson18 Performing Arts Society for programs on the east and west bank and one-third of that19 amount shall be distributed to the Westwego Performing Arts Center, one-sixth of20 that amount shall be distributed to the Gretna Cultural Center for the Arts, and21 the remainder of that amount shall be distributed to the Jefferson Performing22 Arts Society for programs on the east and west bank.23 * * *24 Section 2. The provisions of this Act shall not apply in Jefferson Parish or in Orleans25 Parish if a local law authorizing the levy of a three percent tax on the gross proceeds derived26 from the lease or rental of an automobile pursuant to an automobile rental contract in such27 parish is enacted and becomes law in the 2012 Regular Session of the Legislature.28 Section 3. This Act shall become effective on July 1, 2012; if vetoed by the governor29 SB NO. 350 SLS 12RS-748 REENGROSSED Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and subsequently approved by the legislature, this Act shall become effective on July 1,1 2012, or on the day following such approval by the legislature, whichever is later.2 The original instrument was prepared by Riley Boudreaux. The following digest, which does not constitute a part of the legislative instrument, was prepared by Alan Miller. DIGEST Murray (SB 350) Present law levies for the period from August 1, 1990 through June 30, 2012, a state tax of 2.5% and a local tax of 0.5% of the gross proceeds derived from the lease or rental of an automobile pursuant to an automobile rental contract. Proposed law authorizes the levy and collection of a local tax of 3% indefinitely in any parish in which collection of the tax is approved by the registered voters of the parish in an election held at the same time as a regularly scheduled election in the parish. Present law provides that 2/3's of tax collected in Jefferson Parish be distributed to the Jefferson Performing Arts Society and 1/3 to the Westwego Performing Arts Center. Proposed law requires that 2/3's of the local tax collected in Jefferson Parish be distributed as follows: 1. 1/3 of the amount to the Westwego Performing Arts Center; 2. 1/6 of the amount to the Gretna Cultural Center for the Arts; and 3. The remainder of the amount to the Jefferson Performing Arts Society for programs on the east and west bank. Proposed law will not apply in Orleans and Jefferson parishes if a local law authorizing the same is enacted and becomes law during the current session of the legislature. Effective July 1, 2012. (Amends R.S. 47:551(A) and (D)(3)(b)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Revenue and Fiscal Affairs to the original bill 1. Before the tax is collected in a parish, requires the approval of the registered voters of the parish election held at the same time as a regularly scheduled election in the parish. Senate Floor Amendments to engrossed bill 1. Makes technical changes. 2. Changes the local tax from 0.5% to 3%. 3. Provides for the distribution of the local tax collected in Jefferson Parish. SB NO. 350 SLS 12RS-748 REENGROSSED Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 4. Provides that taxes authorized in proposed law will not apply in Orleans and Jefferson parishes if a local law authorizing the same is enacted and becomes law during the current session of the legislature.