H 3627 General Bill, By J.G. McAbee, R.L. Altman, C.D. Chamblee, Elliott, 
J.G. Felder, S.E. Gonzales, B.H. Harwell, D.N. Holt, M.F. Jaskwhich, Keegan, 
Phillips, J. Rama, Sharpe, J.J. Snow and J.M. White
 A Bill to amend Section 12-21-2420, Code of Laws of South Carolina, 1976,
 relating to the admissions tax, so as to provide for the tax for certain
 tourism or recreation facilities and delete obsolete language.

   02/28/91  House  Introduced and read first time HJ-7
   02/28/91  House  Referred to Committee on Ways and Means HJ-7
   04/10/91  House  Committee report: Favorable with amendment Ways
                     and Means HJ-28
   04/18/91  House  Amended HJ-36
   04/18/91  House  Objection by Rep. Whipper, Inabinett, D. Martin,
                     Cork, J. Bailey, Holt, HJ-40
   04/18/91  House  Objection by Rep. Gonzales, Hallman, Rama &
                     Fulmer HJ-40
   01/16/92  House  Amended HJ-24
   01/16/92  House  Debate adjourned until Thursday, January 23, 1992 HJ-29
   01/28/92  House  Objection withdrawn by Rep. Holt, J. Bailey,
                     Whipper, Inabinett, Rama, Gonzales, HJ-15
   01/28/92  House  Objection withdrawn by Rep. Fulmer & Hallman HJ-15
   01/28/92  House  Amended HJ-15
   01/28/92  House  Read second time HJ-18
   01/29/92  House  Read third time and sent to Senate HJ-14
   02/04/92  Senate Introduced and read first time SJ-12
   02/04/92  Senate Referred to Committee on Finance SJ-12

January 28, 1991

H. 3627

Introduced by REPS. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White

S. Printed 1/28/92--H.

Read the first time February 28, 1991.

A BILL

TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.

Amend Title To Conform

Whereas, tourism is a principal industry in South Carolina, and incentives which stimulate the tourism industry contribute to a healthy economy in the state and to the public good generally; and

Whereas, South Carolina has the potential for attracting convention business, a theme park, a large sports complex, or other tourism or recreation attraction of a size and quality as to have a major impact upon the state's economy; and

Whereas, these tourism and recreation facilities require sufficient local resources and multijurisdictional cooperation to provide additional infrastructure adequate to accommodate members of the public patronizing the facilities and citizens of South Carolina employed at the facilities; and

Whereas, the purpose of this act is to provide local governments in the region with supplemental sources of funds with which to provide additional infrastructure improvements in areas impacted by major tourism or recreation projects; and

Whereas, in some cases the additional infrastructure improvements require the regional cooperation of local governments in the provision of infrastructure support. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2422. An amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the South Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five-year period described in this section must be paid to the county or municipality in which the major tourism or recreation facility is located to be used directly or indirectly for additional infrastructure improvements. If the facility is located in an unincorporated area of a county, the payment must be made to the county governing body and, if located within the corporate limits of a municipality, the payment must be made to the municipal governing body. The county or municipal governing body may share funds received from these payments with another county, special purpose district, or municipal governing body to provide additional infrastructure facilities or services in support of the tourism or recreation facility that generates the admission tax revenues responsible for the payments. An additional amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the South Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five-year period described in this section must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for economic development as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within five miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. Preference must be given to applications for projects which directly or indirectly serve the generating facility or other development occurring as a result of the generating facility. Grants may run for more than one year and may be based upon a specified dollar amount or a percentage of the funds annually deposited into the special account. After approval of a grant application the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.

For purposes of this section `major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical or zoological garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary `tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section `additional infrastructure improvement' means a publicly-owned road, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district."

SECTION 2. Section 41-45-20 of the 1976 Code is amended by adding an appropriately lettered item to read:

"( ) Approval of infrastructure development grants for local units of government pursuant to Section 12-21-2422."

SECTION 3. This act takes effect upon approval by the Governor.