Current Status Introducing Body:House Bill Number:3627 Primary Sponsor:McAbee Committee Number:06 Type of Legislation:GB Subject:Admissions tax, tourism facilities Residing Body:Senate Current Committee:Finance Computer Document Number:NO5/7297.BD Introduced Date:Feb 28, 1991 Date of Last Amendment:Jan 28, 1992 Last History Body:Senate Last History Date:Feb 04, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McAbee Altman Chamblee D. Elliott Felder Gonzales Harwell Holt Jaskwhich Keegan Phillips Rama Sharpe Snow White Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3627 Senate Feb 04, 1992 Introduced, read first time, 06
referred to Committee
3627 House Jan 29, 1992 Read third time, sent to
Senate
3627 House Jan 28, 1992 Amended, read second time
3627 House Jan 28, 1992 Objection withdrawn by
Representative
3627 House Jan 16, 1992 Debate adjourned until
Thursday, January 23
3627 House Jan 16, 1992 Amended
3627 House Apr 18, 1991 Objection by Representative
3627 House Apr 18, 1991 Amended
3627 House Apr 10, 1991 Committee Report: Favorable 30
with amendment
3627 House Feb 28, 1991 Introduced, read first time, 30
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED
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.
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.