GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2016-65
SENATE BILL 50
AN ACT to increase the authorization for wilson county to levy an occupancy tax.
The General Assembly of North Carolina enacts:
SECTION 1. Section 1 of Chapter 484 of the 1987 Session Laws, as amended by Chapter 901 of the 1987 Session Laws, Chapter 912 of the 1987 Session Laws, Section 21(t) of S.L. 2007‑527, and S.L. 2009‑297, reads as rewritten:
"Section 1. Occupancy
Tax. (a) Authorization and scope. The Wilson County Board of Commissioners may
levy a room occupancy tax of up to three percent (3%) of the gross receipts
derived from the rental of any room, lodging, or accommodation furnished by a
hotel, motel, inn, tourist camp, or similar place within the county that is
subject to sales tax imposed by the State under G.S. 105‑164.4(a)(3).
This tax is in addition to any State or local sales tax. This tax does not
apply to accommodations furnished by nonprofit charitable, educational, or religious
organizations when furnished in furtherance of their nonprofit purpose.
(a1) Authorization of Additional Tax. – In addition to the tax authorized by subsection (a) of this section, the Wilson County Board of Commissioners may levy an additional room occupancy tax of up to three percent (3%) of the gross receipts derived from the rental of accommodations taxable under subsection (a) of this section. The levy, collection, administration, and repeal of the tax authorized by this subsection shall be in accordance with the provisions of this section. Wilson County may not levy a tax under this subsection unless it also levies the tax authorized under subsection (a) of this section.
(c) Administration. A tax levied under this section shall be levied, administered, collected, and repealed, as provided in G.S. 153A‑155. The penalties provided in G.S. 153A‑155 apply to a tax levied under this section.
(c1) Definitions. – The following definitions apply in this act:
(1) Net proceeds. – Gross proceeds less the cost to the county of administering and collecting the tax, as determined by the finance officer, not to exceed three percent (3%) of the first five hundred thousand dollars ($500,000) of gross proceeds collected each year and one percent (1%) of the remaining gross proceeds collected each year.
(2) Promote travel and tourism. – To advertise or market an area or activity, publish and distribute pamphlets and other materials, conduct market research, or engage in similar promotional activities that attract tourists or business travelers to the area. The term includes administrative expenses incurred in engaging in the listed activities.
(3) Tourism‑related expenditures. – Expenditures that, in the judgment of the Tourism Development Authority, are designed to increase the use of lodging facilities, meeting facilities, or convention facilities in the county or to attract tourists or business travelers to the county. The term includes tourism‑related capital expenditures.
(e) Distribution and use of
tax revenue. Wilson County shall, on a quarterly basis, remit the net proceeds
of the occupancy tax to the Wilson County Tourism Development Authority. The
Authority shall use at least two‑thirds of the funds remitted to it under
this subsection to promote travel and tourism in Wilson County and shall use
the remainder for tourism‑related expenditures.expenditures
that are mutually agreed upon by the Wilson County Tourism Development
Authority and the Wilson City Council."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of July, 2016.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives