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--- version:Edition 1
+++ version:Filed
@@ -1,13 +1,13 @@
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
-S 1
-SENATE BILL 132
+S D
+SENATE BILL DRS45068-NIf-25A
Short Title: Swannanoa Valley TDA. (Local)
Sponsors: Senators Daniel, Mayfield, and Moffitt (Primary Sponsors).
-Referred to: Rules and Operations of the Senate
-February 24, 2025
-*S132-v-1*
+Referred to:
+
+*DRS45068-NIf-25A*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE THE CREATION OF THE SWANNANOA VALLEY TOURISM 2
DEVELOPMENT AUTHORITY. 3
@@ -29,7 +29,7 @@
basis, remit the net proceeds of the occupancy tax collected from the areas collectively consisting 19
of, and legally denoted as, the Buncombe County Townships of (i) Broad River (28), (ii) Black 20
Mountain (25), and (iii) Swannanoa (21), and hereinafter collectively referred to as the "district," 21
-to the Swannanoa Vall ey Tourism Development Authority to be used for purposes consistent 22
+to the Swannanoa Valley Tourism Development Authority to be used for purposes consistent 22
with Section 24 of this act. Buncombe County shall remit the remainder of the net proceeds of 23
the occupancy tax collected to the county Buncombe County Tourism Development Authority 24
in Buncombe County. to be used for purposes consistent with this section. "Net proceeds" means 25
@@ -41,11 +41,15 @@
travel, tourism, meetings and events in the county through marketing, 31
advertising, sales, and promotion and (ii) for the administrative expenses of 32
the Authority, not to exceed twenty percent (20%) of the net proceeds for the 33
-applicable fiscal year of the Authority. For purposes of thi s provision, 34
+applicable fiscal year of the Authority. For purposes of this provision, 34
administrative expenses shall include expenses of the Authority for salaries, 35
benefits, operations, and facilities. 36
-General Assembly Of North Carolina Session 2025
-Page 2 Senate Bill 132-First Edition
+FILED SENATE
+Feb 21, 2025
+S.B. 132
+PRINCIPAL CLERK
+General Assembly Of North Carolina Session 2025
+Page 2 DRS45068-NIf-25A
(2) The remainder shall be split evenly between the following funds created by 1
the Authority, with no portion of the remainder being used for operational 2
expenses: 3
@@ -67,7 +71,7 @@
Product Development Committee shall make recommendations to the 19
Authority regarding use and disposition of funds derived from the Tourism 20
Product Development Fund. A for-profit entity is not eligible to receive funds 21
-or loans from the Tourism Pro duct Development Fund. Only upon 22
+or loans from the Tourism Product Development Fund. Only upon 22
recommendation of the Product Development Committee, and upon a vote of 23
three-fourths of the current voting members of the Authority to expend such 24
funds, the Authority may award funds to qualified projects in the form of 25
@@ -77,18 +81,18 @@
must be located in Buncombe County unless the Commissioners of Buncombe 29
County give specific approval to projects outside the county. Applicants must 30
provide a feasibility study satisfactory to the Product Development 31
-Committee demonstrating the project's economic value to the area and the 32
+Committee demonstrating the project 's economic value to the area and the 32
number of estimated new room nights the project will generate. 33
(2) To be a qualified project, a project must be expected to increase patronage of 34
lodging facilities in Buncombe County. 35
-(3) The Authority is not required to exhaust all of the funds gener ated each year 36
+(3) The Authority is not required to exhaust all of the funds generated each year 36
and may accumulate money in order to create a revolving fund to further the 37
purposes of this section. The Authority may not commit, for purposes of debt 38
service, a portion of the net funds in excess of thirty -three percent (33%) of 39
the average net funds received over a rolling three -year average for a period 40
of time in excess of 15 years for any one project. The Authority shall not be 41
the sole funding source for any debt service. 42
-(4) The Product Development Committee need not be comprised sol ely of 43
+(4) The Product Development Committee need not be comprised solely of 43
members of the Authority. A majority of the members of the Product 44
Development Committee must be persons who are owners or operators of 45
hotels, motels, or bed and breakfasts. 46
@@ -96,16 +100,16 @@
the funds in the Legacy Investment From Tourism Fund as follows: 48
(1) The Authority shall create a Legacy Investment From Tourism Committee to 49
review and evaluate proposals from applicants for tourism -related capital 50
-projects, including capital maint enance, and project administration, design, 51
-General Assembly Of North Carolina Session 2025
-Senate Bill 132-First Edition Page 3
+projects, including capital maintenance, and project administration, design, 51
+General Assembly Of North Carolina Session 2025
+DRS45068-NIf-25A Page 3
restoration, maintenance, and rehabilitation as well as enhancement of natural 1
resources and expansion of necessary infrastructure. The Legacy Investment 2
-From Tourism Committee shall make recommendations to the A uthority 3
+From Tourism Committee shall make recommendations to the Authority 3
regarding use and disposition of funds derived from the Legacy Investment 4
From Tourism Fund. A for-profit entity is not eligible to receive funds or loans 5
from the Legacy Investment From Tourism Fund. The Legacy Investment 6
-From Tourism Fund cannot be used for operational expenses. Only upon 7
+From Tourism Fund cannot be used for operational expenses. Only upon 7
recommendation of the Legacy Investment From Tourism Committee, and 8
upon a vote of three-fourths of the current voting members of the Authority to 9
expend such funds, the Authority may award funds to qualified projects in the 10
@@ -126,34 +130,34 @@
purposes of this section. The Authority may not commit for purposes of debt 25
service a portion of the net funds in excess of thirty-three percent (33%) of the 26
average net funds received over a rolling three -year average for a period of 27
-time in excess of 15 years for any one project. The Authorit y shall not be the 28
+time in excess of 15 years for any one project. The Authority shall not be the 28
sole funding source for any debt service. 29
(4) The Legacy Investment From Tourism Committee need not be comprised 30
solely of members of the Authority. A majority of the members of the Legacy 31
-Investment From Tourism Committee must be person s who are owners or 32
+Investment From Tourism Committee must be persons who are owners or 32
operators of hotels, motels, or bed and breakfasts. 33
"Sec. 22. Appointment, Duties of the Buncombe County Tourism Development Authority. – 34
(a) When the board of county commissioners adopts a resolution levying a room occupancy tax 35
pursuant to this Part, it shall also adopt a resolution creating a county Tourism Development 36
Authority, which shall be a public authority under the Local Government Budget and Fiscal 37
Control Act and shall be composed of the following 11 members: 38
-(1) A cou nty commissioner appointed by the Buncombe County Board of 39
+(1) A county commissioner appointed by the Buncombe County Board of 39
Commissioners, who shall serve as an ex officio, nonvoting member; 40
(2) A member of the Asheville City Council appointed by the Asheville City 41
Council, who shall serve as an ex officio, nonvoting member; 42
(3) Six owners or operators of hotels, motels, bed and breakfasts, or vacation 43
rental management companies, four of which own or operate hotels, motels, 44
or bed and breakfasts, with more than 100 rental units, two of whom shall be 45
-appointed by the Ash eville City Council and two by the Buncombe County 46
+appointed by the Asheville City Council and two by the Buncombe County 46
Board of Commissioners; and one of which owns or operates hotels, motels, 47
bed and breakfasts, or vacation rental management companies, with 100 or 48
fewer rental units, who shall be appointed by the Asheville City Council; and 49
one of which owns or operates hotels, motels, or bed and breakfasts with 100 50
General Assembly Of North Carolina Session 2025
-Page 4 Senate Bill 132-First Edition
+Page 4 DRS45068-NIf-25A
or fewer rental units, who shall be appointed by the Buncombe County Board 1
of Commissioners. 2
-(4) Three individuals actively involved in the tourist business wh o have 3
+(4) Three individuals actively involved in the tourist business who have 3
participated in tourism promotion, appointed as follows: one vacation rental 4
owner or vacation rental management company owner appointed by the 5
Buncombe County Board of Commissioners; one executive from a ticketed 6
@@ -185,28 +189,28 @@
County for more than sixty percent (60%) of the days in the calendar year. 32
(3) Vacation rental owner. – The owner of at least one vacation rental unit in 33
Buncombe County, registered in compliance with all local and State laws, that 34
-is available for rent for more than sixty percent (60%) of the days in the 35
+is available for rent for more than sixty percent (60%) of the days in the 35
calendar year. 36
"Sec. 23. Repealed. 37
"Sec. 23.1. First Additional Tax. – In addition to the tax authorized by Section 17 of this Part, 38
-the Buncombe County Board of Commissioners may levy an additional room occupancy an d 39
+the Buncombe County Board of Commissioners may levy an additional room occupancy and 39
tourism development tax of one percent (1%) of the gross receipts derived from the rental of 40
accommodations taxable under that section. The levy, collection, administration, and repeal of 41
the tax authorized by this section, and the use of tax revenue from a tax levied under this section, 42
shall be in accordance with Sections 17 through 22 and Section 24 of this Part. Buncombe County 43
may not levy a tax under this section unless it also levies a tax under Section 17 of this Part. 44
-"Sec. 23.2. Second Additiona l Tax. – In addition to the tax authorized by Sections 17 and 45
+"Sec. 23.2. Second Additional Tax. – In addition to the tax authorized by Sections 17 and 45
23.1 of this Part, the Buncombe County Board of Commissioners may levy an additional room 46
occupancy and tourism development tax of one percent (1%) of the gross receipts derived from 47
the rental of accommodations taxable under those sections. The levy, collection, administration, 48
and repeal of the tax authorized by this section, and the use of tax revenue from a tax levied under 49
-this section, shall be in accordance with Sections 17 through 22 and Section 24 of this Part. 50
-General Assembly Of North Carolina Session 2025
-Senate Bill 132-First Edition Page 5
+this section, shall be in accordance with Sections 17 through 22 and Section 24 of this Part. 50
+General Assembly Of North Carolina Session 2025
+DRS45068-NIf-25A Page 5
Buncombe County may not levy a tax under this section unless it also levies the taxes under 1
Sections 17 and 23.1 of this Part. 2
"Sec. 23.3. Third Additional Occupancy Tax. – In addition to the tax authorized by Sections 3
-17, 23.1, an d 23.2 of this Part, the Buncombe County Board of Commissioners may levy an 4
+17, 23.1, and 23.2 of this Part, the Buncombe County Board of Commissioners may levy an 4
additional room occupancy and tourism development tax of two percent (2%) of the gross 5
receipts derived from the rental of accommodations taxable under those sections. The levy, 6
collection, administration, and repeal of the tax authorized by this section, and the use of tax 7
@@ -245,16 +249,16 @@
appoint additional ex officio, nonvoting members who are representative of the district or county, 40
respectively, as necessary to promote the travel and tourism-related purposes of this act. 41
(c) Duties. – The Swannanoa Valley Tourism Development Authority shall expend the 42
-net proceeds of the tax distributed to it under this act for promoting travel and tourism and for 43
+net proceeds of the tax distributed to it under this act for promoting travel and tourism and for 43
tourism-related expenditures as provided in this section. 44
(d) Reports. – The Swannanoa Valley Tourism Development Authority shall report 45
quarterly and at the close of the fiscal year to the Buncombe County Board of Commissioners on 46
its receipts and expenditures for the preceding quarter and for the year in such detail as the Board 47
may require." 48
SECTION 2. Section 1 of this act (i) becomes effective only if the Buncombe County 49
-Board of Commissio ners adopts a resolution creating the Swannanoa Valley Tourism 50
+Board of Commissioners adopt s a resolution creating the Swannanoa Valley Tourism 50
Development Authority and (ii) applies to the distribution and use of occupancy tax proceeds on 51
General Assembly Of North Carolina Session 2025
-Page 6 Senate Bill 132-First Edition
-the fiscal quarter following the first full fiscal quarter after the adoption of such resolution. The 1
+Page 6 DRS45068-NIf-25A
+the fiscal quarter following the first full fiscal quarter after the adoption of such resolution. The 1
remainder of this act is effective when it becomes law. 2

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