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A284, R340, S304
Sponsors: Senators Leatherman, Alexander, Land, Campsen and Grooms
Document Path: l:\s-financ\drafting\hkl\001revb.dag.hkl.docx
Introduced in the Senate on January 27, 2009
Introduced in the House on March 25, 2009
Last Amended on June 3, 2010
Passed by the General Assembly on June 3, 2010
Became law without Governor's signature, June 28, 2010
Summary: Revenue bonds
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/27/2009 Senate Introduced and read first time SJ-13 1/27/2009 Senate Referred to Committee on Finance SJ-13 1/28/2009 Senate Referred to Subcommittee: O'Dell (ch), Peeler, Reese, Fair, Elliott 3/11/2009 Senate Committee report: Favorable Finance SJ-12 3/12/2009 Scrivener's error corrected 3/17/2009 Senate Read second time SJ-11 3/24/2009 Senate Read third time and sent to House SJ-23 3/25/2009 House Introduced and read first time HJ-13 3/25/2009 House Referred to Committee on Ways and Means HJ-14 4/1/2009 House Recalled from Committee on Ways and Means HJ-106 4/2/2009 House Recommitted to Committee on Ways and Means HJ-48 5/12/2009 House Recalled from Committee on Ways and Means HJ-57 5/13/2009 House Amended HJ-24 5/13/2009 House Read second time HJ-25 5/14/2009 House Read third time and returned to Senate with amendments HJ-31 5/14/2009 Senate Non-concurrence in House amendment SJ-56 5/20/2009 House House insists upon amendment and conference committee appointed Reps. Edge, Cobb-Hunter, and Loftis HJ-6 5/20/2009 Senate Conference committee appointed O'Dell, McGill, and Mulvaney SJ-16 6/16/2009 Senate Free conference powers granted SJ-98 6/16/2009 Senate Free conference committee appointed O'Dell, McGill, and Mulvaney SJ-98 6/16/2009 Senate Free conference report adopted SJ-98 6/16/2009 House Free conference powers rejected HJ-131 6/3/2010 House Free conference powers granted HJ-42 6/3/2010 House Free conference committee appointed Reps. Edge, Cobb-Hunter, and Loftis HJ-44 6/3/2010 House Free conference report received and adopted HJ-44 6/3/2010 House Roll call Yeas-83 Nays-5 HJ-44 6/15/2010 Senate Ordered enrolled for ratification SJ-61 6/21/2010 Ratified R 340 6/28/2010 Became law without Governor's signature 7/13/2010 Effective date 06/28/10 7/14/2010 Act No. 284
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A284, R340, S304)
AN ACT TO AMEND SECTION 6-1-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL OR COUNTY ORDINANCES IMPOSING AN ACCOMMODATIONS FEE AND THE USE OF THE REVENUE FROM THE FEES INCLUDING THE ISSUANCE OF CERTAIN BONDS SO AS TO PROVIDE THAT THE PROCEEDS OF LOCAL ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY FOR THE PAYMENT OF BONDS FOR CAPITAL PROJECTS USED TO ATTRACT AND SUPPORT TOURISTS; AND TO AMEND SECTION 6-4-10, RELATING TO STATE ACCOMMODATIONS TAXES, SO AS TO PROVIDE THAT REVENUES ALLOCATED FOR TOURISM ADVERTISING AND PROMOTION MAY NOT BE PLEDGED AS SECURITY FOR CERTAIN BONDS OR TO RETIRE SUCH BONDS.
Be it enacted by the General Assembly of the State of South Carolina:
"Tourist" defined, pledge of revenue of fees
SECTION 1. Section 6-1-760 of the 1976 Code is amended to read:
"Section 6-1-760. (A) With respect to capital projects and as used in this section, 'tourist' means a person who does not reside in but rather enters temporarily, for reasons of recreation or leisure, the jurisdictional boundaries of a municipality for a municipal project or the immediate area of the project for a county project.
(B) Notwithstanding any provision of this article, any ordinance enacted by county or municipality prior to March 15, 1997, imposing an accommodations fee which does not exceed the three percent maximum cumulative rate prescribed in Section 6-1-540, is calculated upon a base consistent with Section 6-1-510(1), and the revenue from which is used for the purposes enumerated in Section 6-1-530, remains authorized and effective after the effective date of this section. Any county or municipality is authorized to issue bonds, pursuant to Section 14(10), Article X of the Constitution of this State, utilizing the procedures of Section 4-29-68, Section 6-17-10 and related sections, or Section 6-21-10 and related sections, for the purposes enumerated in Section 6-1-530, to pledge as security for such bonds and to retire such bonds with the proceeds of accommodations fees imposed under Article 5 of this chapter, hospitality fees imposed under this chapter, state accommodations fees allocated pursuant to Section 6-4-10(1), (2), and (4), or any combination thereof, and the pledge of such other nontax revenues as may be available for those purposes for capital projects used to attract and support tourists."
State accommodations tax, use of revenues
SECTION 2. Section 6-4-10(3) of the 1976 Code is amended to read:
"(3) Thirty percent of the balance must be allocated to a special fund and used only for advertising and promotion of tourism to develop and increase tourist attendance through the generation of publicity. To manage and direct the expenditure of these tourism promotion funds, the municipality or county shall select one or more organizations, such as a chamber of commerce, visitor and convention bureau, or regional tourism commission, which has an existing, ongoing tourist promotion program. If no organization exists, the municipality or county shall create an organization with the same membership standard in Section 6-4-25. To be eligible for selection the organization must be organized as a nonprofit organization and shall demonstrate to the municipality or county that it has an existing, ongoing tourism promotion program or that it can develop an effective tourism promotion program. Immediately upon an allocation to the special fund, a municipality or county shall distribute the tourism promotion funds to the organizations selected or created to receive them. Before the beginning of each fiscal year, an organization receiving funds from the accommodations tax from a municipality or county shall submit for approval a budget of planned expenditures. At the end of each fiscal year, an organization receiving funds shall render an accounting of the expenditure to the municipality or county which distributed them. Fees allocated pursuant to this subsection must not be used to pledge as security for bonds and to retire bonds. Also, fees allocated pursuant to this subsection must be allocated to a special fund and used only for advertising and promotion of tourism to develop and increase tourist attendance through the generation of publicity, and not used to pledge as security for bonds and to retire bonds."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 21st day of June, 2010.
Became law without the signature of the Governor -- 6/28/2010.
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