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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Leatherman and Elliott
Document Path: l:\s-res\hkl\001terc.kmm.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on February 2, 2005
Last Amended on May 19, 2005
Passed by the General Assembly on May 26, 2005
Governor's Action: June 7, 2005, Vetoed
Legislative veto action(s): Veto sustained
Summary: Tourism Expenditure Review Committee
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Finance 1/11/2005 Senate Introduced and read first time SJ-94 1/11/2005 Senate Referred to Committee on Finance SJ-94 1/26/2005 Senate Committee report: Favorable Finance SJ-19 1/27/2005 Senate Read second time SJ-19 2/1/2005 Senate Read third time and sent to House SJ-12 2/2/2005 House Introduced and read first time HJ-8 2/2/2005 House Referred to Committee on Ways and Means HJ-8 5/17/2005 House Recalled from Committee on Ways and Means HJ-44 5/19/2005 House Amended HJ-53 5/19/2005 House Read second time HJ-54 5/19/2005 House Unanimous consent for third reading on next legislative day HJ-54 5/20/2005 House Read third time and returned to Senate with amendments HJ-7 5/26/2005 Senate Concurred in House amendment and enrolled 6/1/2005 Ratified R 137 6/7/2005 Vetoed by Governor 6/14/2005 Senate Veto overridden by originating body Yeas-37 Nays-7 6/14/2005 House Debate adjourned on veto consideration until January 10, 2006 1/10/2006 House Debate adjourned on veto consideration until Wednesday, January 11, 2006 HJ-63 1/11/2006 House Veto sustained Yeas-30 Nays-75 HJ-18
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VERSIONS OF THIS BILL
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 4, Title 6 of the 1976 Code is amended by adding:
"Section 6-4-36. (A) In addition to the provisions of Section 6-4-35(B)(1)(a), if the Tourism Expenditure Review Committee finds an expenditure to be in noncompliance, the committee must notify the municipality or county of the finding. Upon notification, the municipality or county may refund an amount equivalent to the amount determined to be in noncompliance to the appropriate fund. If the municipality or county certifies to the committee that the amount has been refunded, the municipality or county is not subject to future withholdings of the amount determined to be in noncompliance. After the amount determined to be in noncompliance has been refunded, the municipality or county may expend the funds for a compliant tourism-related purpose. Any subsequent expenditure of a refunded amount is subject to the reporting and review requirements of this chapter. If the committee informs the county or municipality of an expenditure determined to be in noncompliance and the county or municipality does not refund the noncompliant amount, the committee shall certify the noncompliance to the State Treasurer as provided in Section 6-4-35(B)(1)(a) for the actions to be taken as required therein. If the committee determines an expenditure of any refunded amount to be in noncompliance, the municipality or county may not refund an equivalent amount in order to avoid future withholdings.
(B) The provisions of subsection (A) apply to accommodations tax allocations for fiscal years 2003-2004 and 2004-2005. For these fiscal years, any municipality or county subject to a determination of noncompliance by the committee may utilize the refunding procedures provided by this section. If the municipality or county certifies to the committee that the amount previously determined to be in noncompliance has been refunded to the appropriate fund, then any amount withheld from the municipality or county from subsequent allocations must be returned in same amount and manner that it was withheld.
(C) The provisions of this section are repealed effective June 30, 2006."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 1st day of June, 2005.
President of the Senate
Speaker of the House of Representatives
Approved the ____________ day of _____________________2005.
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