South Carolina General Assembly
116th Session, 2005-2006

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Indicates New Matter

R137, S27

STATUS INFORMATION

General Bill
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

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
1/26/2005
5/17/2005
5/19/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

(R137, S27)

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:

Noncompliant expenditures

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."

Time effective

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.

___________________________________________

Governor

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