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March 3, 2010, 12:00 am ET - Amendment SA 3389 proposed by Senator Burr to Amendment SA 3336.
March 4, 2010, 12:00 am ET - Considered by Senate.
March 4, 2010, 12:00 am ET - Point of order raised in Senate with respect to amendment SA 3389.
March 4, 2010, 12:00 am ET - Amendment SA 3389 ruled out of order by the chair.
March 4, 2010, 3:14 pm ET - Motion to Waive All Applicable Budgetary Discipline re: Burr Amdt. No. 3389

Full Text of this Amendment

SA 3389. Mr. BURR proposed an amendment to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; as follows:

On page 268, between lines 11 and 12, insert the following:
SEC. __. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS.
(a) In General.--The Secretary shall reimburse each State for 75 percent of the amount of State and local sales tax payable and not collected during the sales tax holiday period.
(b) Determination and Timing of Reimbursement.--
(1) PREDETERMINED AMOUNT.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall pay to each State an amount equal to the sum of--
(A)(i) 75 percent of the amount of State and local sales tax payable and collected in such State during the same period in 2009 as the sales tax holiday period, times
(ii) an acceleration factor equal to 1.73, plus
(B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs.
(2) RECONCILIATION AMOUNT.--Not later than July 1, 2010, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of--
(A) 75 percent of the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over
(B) the amount determined under paragraph (1)(A) and paid to such State.
(c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless--
(1) the chief executive officer of the State informs the Secretary, not later than the first day of the sales tax holiday period of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period,
(2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)--
(A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than the first day of the sales tax holiday period of the intention of the State to make such an election,
(B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than the first day of the sales tax holiday period of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period,
(C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than June 1, 2010, the amount determined under subsection (b)(2) in a manner specified by the Secretary,
(D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than July 1, 2010, and
(E) the chief executive officer of the State certifies that such State--
(i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2010 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and
(ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently,
(3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period,
(4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and
(5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C).
(d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census.
(e) Definitions.--For purposes of this section--
(1) HOME RULE STATE.--The term "home rule State" means a State that does not control imposition and administration of local taxes.
(2) LOCAL.--The term "local" means a city, county, or other subordinate revenue or taxing authority within a State.
(3) SALES TAX.--The term "sales tax" means--
(A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is--
(i) calculated as a percentage of the price, gross receipts, or gross proceeds, and
(ii) can or is required to be directly collected by retail sellers from purchasers of such property,
(B) a use tax, or
(C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products.
(4) SALES TAX HOLIDAY PERIOD.--The term "sales tax holiday period" means the period--
(A) beginning on the first Friday which is 30 days after the date of the enactment of this Act, and
(B) ending on the date which is 10 days after the date described in subparagraph (A).
(5) SECRETARY.--The term "Secretary" means the Secretary of the Treasury.
(6) STATE.--The term "State" means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico.
(7) USE TAX.--The term "use tax" means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.
SEC. __X. RESCISSION OF DISCRETIONARY AMOUNTS APPROPRIATED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
(a) In General.--All discretionary amounts made available by the American Recovery and Reinvestment Act of 2009 (123 Stat. 115; Public Law No: 111-5) that are unobligated on the date of the enactment of this Act are hereby rescinded.
(b) Administration.--Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall--
(1) administer the reduction specified in subsection (a); and
(2) submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report specifying the account and the amount of each reduction made pursuant to subsection (a).


(As printed in the Congressional Record for the Senate on Mar 3, 2010.)