2017-2018 Bill 4009: Motorsports Entertainment Complex Investment Act - South Carolina

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 4009 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Lucas, Williams, Crawford, Alexander, McCoy, Hiott, Clemmons, Bales, Bedingfield, 10 Ott, G.R. Smith, Herbkersman and Sandifer 11 Document Path: l:\council\bills\bh\7100dg17.docx 12 13 Introduced in the House on March 21, 2017 14 Currently residing in the House Committee on Ways and Means 15 16 Summary: Motorsports Entertainment Complex Investment Act 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 3/21/2017 House Introduced and read first time ( House Journalpage 120) 23 3/21/2017 House Referred to Committee on Ways and Means ( House Journalpage 120) 24 25 View the latest legislative information at the website 26 27 28 VERSIONS OF THIS BILL 29 30 3/21/2017 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 69 TO TITLE 12 SO AS TO 13 ENACT THE ‘MOTORSPORTS ENTERTAINMENT 14 COMPLEX INVESTMENT ACT’ BY EXEMPTING CERTAIN 15 BUILDING MATERIALS FOR A COMPLEX FROM THE 16 SALES TAX AND TO PROVIDE THE PROCESS BY WHICH A 17 QUALIFIED COMPANY MAY CLAIM THE EXEMPTION, TO 18 CREATE THE MOTORSPORTS TOURISM INCENTIVE FUND 19 TO AWARD GRANTS OR LOANS TO ATTRACT AND 20 EXPAND TOURISM AND HOSPITALITY PROJECTS 21 RELATED TO EVENTS AT SUCH COMPLEXES, TO 22 PROVIDE THAT A COMPLEX IS ELIGIBLE FOR BENEFITS 23 FROM THE CLOSING FUND, TO ALLOW A TAX CREDIT OF 24 TWENTYFIVE PERCENT OF THE COSTS INCURRED BY A 25 TAXPAYER TO INSTALL EQUIPMENT OR TECHNOLOGY 26 THAT ALLOWS INFORMATION TO BE TRANSMITTED 27 THROUGH A WIRELESS LOCAL AREA NETWORK AT A 28 COMPLEX; TO AMEND SECTION 1220110, RELATING TO 29 THE APPLICABILITY OF CORPORATION LICENSE FEE 30 PROVISIONS, SO AS TO MAKE SUCH PROVISIONS 31 INAPPLICABLE TO A COMPLEX; AND TO AMEND 32 SECTION 12212425, RELATING TO THE ADMISSION 33 LICENSE TAX, SO AS TO INCREASE THE EXEMPTION ON 34 A COMPLEX, TO REMOVE THE TIME PERIOD FOR THE 35 EXEMPTION, AND TO PROVIDE THAT THE EXEMPTED 36 REVENUE MUST BE USED ON MARKETING FOR EVENTS 37 AT THE COMPLEX. 38 39 Whereas, since 1950, with the inaugural running of the Southern 40 500, the first stock car race on a paved track, South Carolina has 41 served as a cornerstone in the development of stock car racing, one

[4009] 2 1 of the fastest growing and most popular spectator sports in the 2 country; and 3 4 Whereas, South Carolina lays claim to many of the legends of 5 NASCAR racing, including Rex White, David Pearson, Bud 6 Moore, James Hylton, Tiny Lund, and Cale Yarborough; and 7 8 Whereas, the State of South Carolina is rich in historical references 9 to the sport of stock car racing, as evidenced by the Darlington 10 Raceway Stock Car Museum and the National Motorsports Press 11 Association Hall of Fame, in addition to dirt raceways across the 12 State of South Carolina that served as home to the fledgling sport 13 of NASCAR racing in the 1950s; and 14 15 Whereas, the NASCAR events in South Carolina focus our 16 nation’s attention and the attention of the world upon our great 17 State as a sport and tourism destination each year; and 18 19 Whereas, the annual economic impact that NASCAR racing has on 20 South Carolina is in excess of fifty million dollars, as NASCAR 21 fans from across the country and around the world visit the State 22 each year to attend racing events and then vacation in communities 23 throughout the Palmetto State. Now, therefore 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Title 12 of the 1976 Code is amended by adding: 29 30 “CHAPTER 69 31 32 Motorsports Entertainment Complex Investment 33 34 Section 126910. This chapter may be cited as the ‘Motorsports 35 Entertainment Complex Investment Act’. 36 37 Section 126920. For purposes of this chapter: 38 (1) ‘Company’ means any corporation, partnership, limited 39 liability company, or other business entity. 40 (2) ‘Motorsports entertainment complex’ has the same 41 meaning as provided in Section 12212425. 42

[4009] 3 1 Section 126930. (A) A company, upon making application for, 2 meeting the requirements of, and receiving written certification of 3 that designation from the Department of Parks, Recreation and 4 Tourism, as provided in subsection (B), is exempt from state and 5 local sales tax on building materials, supplies, fixtures, and 6 equipment for the construction, repair, or improvement of or that 7 become a part of a motorsports entertainment complex. 8 (B) A company shall become a qualified company by applying 9 with the Department of Parks, Recreation, and Tourism. The 10 Director of the Department of Parks, Recreation and Tourism shall 11 approve the application so long as the application is accompanied 12 by a practical plan to make a capital investment of at least ten 13 million dollars on any motorsport entertainment complex in this 14 State within the fiveyear period immediately following the 15 approval of the application. Upon receiving written certification 16 from the department, a company may utilize the exemption 17 specified in subsection (A). 18 (C) Once a company has met the requirements of subsection 19 (B), the Department of Revenue shall issue a sales and use tax 20 exemption certificate to the company as evidence of the 21 exemption. The exemption is effective upon receipt and shall 22 remain effective until December thirtyfirst of the fifth full calendar 23 year after its issuance. Once the exemption certificate is 24 ineffective, the company must return the exemption certificate to 25 the Department of Revenue and submit a report to the department 26 of the actual expenditures made in South Carolina in connection 27 with the investment. The company must designate a member or 28 representative of the company to work with the Department of 29 Parks, Recreation, and Tourism and the Department of Revenue on 30 reporting of the investment. 31 (D) A company that is approved and receives a sales and use 32 tax exemption certificate but fails to meet the capital investment 33 requirements within the fiveyear period, is liable for the sales and 34 use taxes that would have been paid had the approval not been 35 granted in the same proportion as the actual capital investment 36 failed to meet the required capital investment. The company must 37 be given a sixtyday period in which to pay the sales and use taxes 38 without incurring penalties. The sales and use taxes are considered 39 due as of the date the tangible personal property was purchased in 40 or brought into South Carolina for use, storage, or consumption. 41 (E) At the time the company is certified by the Department of 42 Parks, Recreation and Tourism, it may make an irrevocable 43 assignment of future payments attributable to the rebates made

[4009] 4 1 pursuant to this section. For purposes of this section, ‘designated 2 trustee’ means the single financier or financial institution 3 designated by the council to receive all assignments of payments 4 made pursuant to this chapter and to the terms of an agreement 5 entered into by the company. If a company elects to assign 6 payments to the designated trustee, the election must be made on a 7 form provided by the Department of Parks, Recreation and 8 Tourism, including a waiver of confidentiality pursuant to Section 9 1254240, and the payments may be paid only to the designated 10 trustee. The company must file an application for the assignment 11 with the director of the Department of Parks, Recreation and 12 Tourism no later than sixty days after certification. 13 14 Section 126950. (A) There is created in the State Treasury the 15 Motorsports Tourism Incentive Fund. This fund is separate and 16 distinct from the general fund of the State and all other funds. 17 Earnings and interest on this fund must be credited to it and any 18 balance in this fund at the end of a fiscal year carries forward in 19 the fund in the succeeding fiscal year. The fund must be used by 20 the Department of Parks, Recreation and Tourism solely for the 21 purpose of awarding grants or loans to attract and expand tourism 22 and hospitality projects related to events at motorsports 23 entertainment complexes. 24 (B) To qualify for an award from the fund, a qualifying 25 company must make a minimum capital investment in this State of 26 at least ten million dollars. However, the capital investment 27 requirement may be reduced by onehalf if the capital investment is 28 made in a Tier III or Tier IV county, pursuant to Section 1263360. 29 (C) Funds may be used for public and private utility extension 30 or capacity development on and off site, road, or other 31 transportation access costs beyond the funding capability of 32 existing programs, site acquisition, grading, drainage, paving, and 33 any other activity required to prepare a site for construction, 34 construction or buildout of publicly or privately owned buildings, 35 training, or grants or loans to an industrial development authority, 36 housing and redevelopment authority, or other political subdivision 37 for purposes directly relating to any of the foregoing. However, 38 funds may not be used, directly or indirectly, to pay or guarantee 39 the payment for any rental, lease, license, or other contractual right 40 to the use of any property. 41 42 Section 126970. In awarding benefits for economic 43 development projects, including awards from the Governor’s

[4009] 5 1 Closing Fund, the Department of Commerce and the coordinating 2 council must consider motorsports entertainment complexes. The 3 Department of Commerce and the coordinating council must 4 consider the number of jobs created, including parttime, the total 5 investment made, including the cost of the real property, and the 6 statewide economic impact. 7 8 Section 126980. (A) There is allowed a credit against any tax 9 imposed pursuant to this title of twentyfive percent of the costs 10 incurred by a taxpayer to install equipment or technology that 11 allows information to be transmitted through a wireless local area 12 network (LAN) at a motorsports entertainment complex. The 13 percentage amount to which the credit allowed by this section 14 applies, must be increased by five percent if the motorsports 15 entertainment complex is located in a Tier II county, ten percent if 16 located in a Tier III county, and fifteen percent if located in a Tier 17 IV county, as determined by the Department of Revenue pursuant 18 to Section 1263360. Any unused credits may be carried forward 19 for ten years after the tax year in which the costs were incurred.” 20 21 SECTION 2. Section 1220110 of the 1976 Code is amended by 22 adding an appropriately numbered item at the end to read: 23 24 “( ) a motorsports entertainment complex, as that term is 25 defined in Section 12212425.” 26 27 SECTION 3. Section 12212425(A) of the 1976 Code is amended 28 to read: 29 30 “(A) In addition to the exemptions allowed from the admissions 31 license tax imposed pursuant to Section 12212420 of the 1976 32 Code, there is also exempt from that tax for ten years beginning 33 July 1, 2008, onehalf of the paid admissions to a motorsports 34 entertainment complex. The total amount of admissions license 35 tax exempted pursuant to this section must be used on marketing 36 for events at the motorsports entertainment complex.” 37 38 SECTION 4. This act takes effect upon approval by the Governor 39 and applies to tax years beginning after 2016. 40 XX 41

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