Transient occupancy tax; Botetourt County may impose additional tax. (HB328)

Introduced By

Del. Terry Austin (R-Buchanan)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Transient occupancy tax; Botetourt County. Permits Botetourt County to impose an additional transient occupancy at a rate not to exceed two percent. One-half of the revenue from the additional tax shall be spent for tourism promotion in the County in consultation with the Roanoke Valley Convention and Visitors Bureau. The other half shall be spent for the development, improvement, operation, and promotion of tourism facilities, initiatives, and events at the Botetourt Center at Greenfield, including sports, heritage, and cultural tourism development at the Center. Under current law, Botetourt County may impose a transient occupancy tax at a rate not to exceed five percent. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/05/2016Committee
01/05/2016Prefiled and ordered printed; offered 01/13/16 16102047D
01/05/2016Referred to Committee on Finance
01/19/2016Assigned to sub: Subcommittee #2
01/19/2016Assigned Finance sub: Subcommittee #2
01/19/2016Impact statement from TAX (HB328)
01/20/2016Subcommittee recommends reporting with amendment(s) (7-Y 4-N)
02/01/2016Reported from Finance with substitute (14-Y 8-N) (see vote tally)
02/01/2016Committee substitute printed 16104238D-H1
02/02/2016Read first time
02/03/2016Read second time
02/03/2016Committee substitute agreed to 16104238D-H1
02/03/2016Engrossed by House - committee substitute HB328H1
02/04/2016Read third time and passed House (73-Y 24-N)
02/04/2016VOTE: PASSAGE (73-Y 24-N) (see vote tally)
02/05/2016Constitutional reading dispensed
02/05/2016Referred to Committee on Finance
02/09/2016Impact statement from TAX (HB328H1)
02/17/2016Reported from Finance (10-Y 3-N) (see vote tally)
02/18/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/19/2016Read third time
02/19/2016Passed Senate (28-Y 10-N 1-A) (see vote tally)
02/22/2016Enrolled
02/22/2016Bill text as passed House and Senate (HB328ER)
02/22/2016Signed by Speaker
02/22/2016Signed by President
02/22/2016Enrolled Bill communicated to Governor on 2/22/16
02/22/2016G Governor's Action Deadline Midnight, February 29, 2016
02/29/2016Impact statement from TAX (HB328ER)
02/29/2016G Approved by Governor-Chapter 56 (effective 7/1/16)
02/29/2016G Acts of Assembly Chapter text (CHAP0056)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 7 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

COUNTY, REPORTED FROM THE COMMITTEE ON FINANCE. THE SENATOR FROM AUGUSTA, MR. HANGER.

Sen. Emmett Hanger (R-Mount Solon): I MOVE THAT HOUSE BILL 328 PASS, AND SPEAKING TO THAT.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Emmett Hanger (R-Mount Solon): THIS ONE ACTUALLY, MR. PRESIDENT, I WOULD -- THERE WAS A SLIGHT VARIATION OF WHAT I EXPLAINED ON 182, BUT AT ANY RATE, IT WAS ALL CORRECT EXCEPT IT ONLY GOES TO 5 PERCENT ON THAT, SO WE ARE GOOD WITH THAT, BUT ON THIS ONE, FOR BOTETOURT COUNTY, AND THE FOLLOWING BILL, THIS IS WHERE THEY WANT TO PUT THE ADDITIONAL 2 PERCENT, AND IT ADDRESSES IT IN A MANNER THAT THEY ARE ALREADY AT 5 PERCENT, AND THIS WOULD ALLOW THEM TO GO AN ADDITIONAL 2 PERCENT, PUTTING IT AT A TOTAL OF 7 PERCENT WITH ALL THE ADDITIONAL 2 PERCENT GOING TO TOURISM EFFORTS. I MOVE THAT THE BILL PASS.

[Unknown]: I THANK THE SENATOR. THE SENATOR FROM ROANOKE COUNTY, SENATOR SUETTERLEIN.

Sen. David Suetterlein (R-Salem): MR. PRESIDENT, WILL THE SENATOR FROM AUGUSTA YIELD FROM THE QUESTION.

[Unknown]: DOES THE SENATOR FROM AUGUSTA YIELD FOR A QUESTION?

Sen. David Suetterlein (R-Salem): I WOULD BE PLEASED TO YIELD.

[Unknown]: HE YIELDS, SENATOR. UNDER THIS BILL, WHEN ALL OF YOU COME TO VISIT US IN THE ROANOKE VALLEY, WOULD YOU ALL HAVE TO PAY A SALES TAX, THEN THE TRANSIENT OCCUPANCY TAX, WHICH WE WOULD ALSO BE INCREASING AGAIN, SO HOW MUCH WOULD THE PERCENT GREATER THAN THE RATE ON $100 ROOM BE? THE SENATOR FROM AUGUSTA. MR. PRESIDENT, I WOULD SAY TO THE SENATOR FROM ROANOKE COUNTY THAT WITH THE IMPOSITION OF THIS TRANSIENT OCCUPANCY TAX, IF IT'S ADOPTED, YOU WOULD HAVE THE 5.3%, 5 PERCENT PLUS AN ADDITIONAL 2 PERCENT, WHICH WOULD BE 12.3%, 12.30, MR. PRESIDENT. I THANK THE SENATOR, THE SENATOR FROM ROANOKE COUNTY. MAY I SPEAK TO THE BILL, MR. PRESIDENT? THE SENATOR HAS THE FLOOR. MR. PRESIDENT, I WAS ENTHUSIASTIC WHEN THE SENATOR FROM FAUQUIER WAS ELECTED A FEW YEARS AGO. I WASN'T ALL THAT MUCH OF AN ADMIRER OF HER APPRENTICE, LIKE OTHER PEOPLE WERE, BUT ONE OF THE THINGS HE USED TO RISE ON THIS FLOOR AND SAY AGAIN AND AGAIN WAS HIS FAVORITE CLICHE, DON'T TAX ME, DON'T TAX YOU, TAX THE MAN BEHIND THE TREE. SO WHEN YOU ALL COME TO VISIT US, IN THE ROANOKE VALLEY, ON THAT $100 ROOM RATE, THE GOOD SENATOR JUST EXPLAINED IT WILL NOW BE $12.30 IN ADDITION. AND FOR THAT REASON, I SPEAK AGAINST THIS BILL THAT'S BROUGHT BY MY FRIEND THE DELEGATE FROM BOTETOURT, THANK YOU. I THANK THE SENATOR. THE SENATOR FROM FAIRFAX, CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): WOULD THE GENTLEMAN FROM AUGUSTA RESUME THE FLOOR FOR A QUESTION?

[Unknown]: WILL THE SENATOR YIELD FOR A QUESTION?

Sen. Chap Petersen (D-Fairfax): BE PLEASED TO YIELD.

[Unknown]: HE YIELDS. I WOULD ASK THE GENTLEMAN, IF THIS MEASURE IS ADOPTED, WOULD THE ACTUAL DECISION TO SET THAT TRANSIENT OCCUPANCY TAX BE AT THE DISCRETION OF THE LOCAL BOARD OF SUPERVISORS? THE SENATOR FROM AUGUSTA. MR. PRESIDENT, I WOULD SAY TO THE SENATOR FROM FAIRFAX, CITY, THAT IS CORRECT, THAT DECISION WOULD BE MADE BY THE LOCAL BOARD. FURTHER QUESTION? WILL YOU YIELD, SENATOR? I YIELD. I WOULD ASK THE QUESTION -- GENTLEMEN, DO THEY HAVE REGULARLY SCHEDULED ELECTIONS IN BOTETOURT COUNTY WHEREBY COUNTY BOARD MEMBERS CAN BE REMOVED IF THEY ACT AGAINST THE WISHES OF THEIR WISHES? THE -- AGAINST THEIR WISHES? I WOULD SAY, YES, THERE ARE REPERCUSSIONS SOMETIMES BASED ON THE ACTIONS WE TAKE IN ELECTIVE OFFICE. I THANK THE GENTLEMAN. THANK YOU SENATOR. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): MR. PRESIDENT, BASED ON THE LAST, SPEAKING TO THE MOTION, SIR?

[Unknown]: BASED ON THE LAST QUESTION, IT TOOK ME BACK TO ACADEMIA EVER SO BRIEFLY, IN THE FALL, TO THE THIRD YEAR LAW STUDENTS, THE FIRST DISCUSSION I HAD WITH THEM WAS ABOUT THE DILLON RULE, AND IN THE -- UNDER THE COMMONWEALTH OF VIRGINIA, THERE ARE CERTAIN LEGISLATIVE ENGAGEMENTS REQUIRED EVEN BEFORE THE LOCAL GOVERNING AUTHORITIES CAN ADOPT CERTAIN ORDINANCES ON IT. SO BASICALLY, WHAT WE ARE DOING IS BASICALLY AUTHORIZING THE BOOED OF SUPERVISE RESPECT IN BORT TOT COUNTY TO MAKE THE DECISION -- BOTETOURT COUNTY AS TO WHETHER OR NOT THEY WOULD LIKE TO IMPOSE IT. FOR THOSE OF YOU LOOKING FOR INOCCULATIONS OR PROPHYLACTIC MEASURES, THE BOARD OF SUPERVISORS WILL MAKE THAT DECISION ULTIMATELY.

Sen. Tommy Norment (R-Williamsburg): THE SENIOR SENATOR FROM FAIRFAX, SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): YOU KNOW, MR. PRESIDENT, I LOOK AT THAT BOARD ON THESE VOTES ON TRANSIENT OCCUPANCY TAX. THE ONLY THING I WOULD HAVE TO SAY, THOSE OF YOU WHO CONTINUE TO VOTE AGAINST THIS OUGHT TO HAVE AT LEAST AN INTELLECTUAL HONESTY TO PUT IN A BILL NEXT YEAR TO REPEAL THE TRANSIENT OCCUPANCY TAX IN ALL OF YOUR DISTRICTS, AND I CAN ASSURE YOU, THE BOARD OF SUPERVISORS BE JUST DELIGHTED WITH THAT. NOT TO MENTION THE LETTERS YOU ARE GOING TO GET FROM WALL STREET, LOWERING YOUR AAA BOND RATINGS. SO IF YOU HAVE AN OUNCE OF HONESTY, JUST AN OUNCE, YOU WILL PUT IN A BILL NEXT YEAR TO REPEAL THE TRANSIENT OCCUPANCY TAX IN ALL OF YOUR SENATE DISTRICTS. OTHERWISE, YOUR VOTE UP ON THAT BOARD IS AS PHONY AS IT GETS.

[Unknown]: THANK YOU SENATOR. THE QUESTION IS, SHALL HOUSE BILL 328 PASS?

Sen. Dick Saslaw (D-Springfield): ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE CHIANG? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 28, NOS 10. RULE 361. AYES 28, NOS 10, RULES 361, THE BILL PASSES. HOUSE BILL 1194, A BILL RELATING TO TRANSIENT OCCUPANCY TAX, BEDFORD
THEY SLAP A MAGNET ON THE SLIDE OF THE COMPUTER OR DO SOMETHING ELSE TO DESTROY THE EVIDENCE IN AN ONGOING INVESTIGATION. THIS PROHIBITS THE RECIPIENT OF THE SUBPOENA FROM INFORMING THE ACCOUNT PROVIDER OF THE ISSUANCE OF THE SUBPOENA FOR A 90 DAY PERIOD. THE QUESTION IS SHALL HOUSE BILL 326 PASS.