SB-1204, As Passed Senate, May 18, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1204

 

 

March 3, 2010, Introduced by Senator ALLEN and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1980 PA 395, entitled

 

"Community convention or tourism marketing act,"

 

by amending section 2 (MCL 141.872), as amended by 1993 PA 224.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Assessment" means the amount levied against an owner of a

 

transient facility within an assessment district, computed by

 

application of the applicable percentage against aggregate room

 

charges with respect to that transient facility during the

 

applicable assessment period.

 

     (b) "Assessment district" means a municipality or combination

 

of municipalities as described in a marketing program. A

 

combination of municipalities is not required to be contiguous.

 

     (c) "Assessment revenues" means the money derived from the

 


Senate Bill No. 1204 as amended May 14, 2010

assessment, including any interest and penalties on the assessment,

 

imposed by this act.

 

     (d) "Board" means the board of directors elected by the

 

members of a bureau. A majority of the members of a board shall be

 

owners of transient facilities.

 

     (e) "Bureau" means a nonprofit corporation existing to promote

 

convention business or tourism within this state or a portion of

 

this state.

 

     (f) "Director" means the [director of commerce president of the

 

 Michigan strategic fund.]                                    

 

     (g) "Marketing program" means a program established by a

 

bureau to develop, encourage, solicit, and promote convention

 

business or tourism within this state or a portion of this state

 

within which the bureau operates. The encouragement and promotion

 

of convention business or tourism includes any service, function,

 

or activity, whether or not performed, sponsored, or advertised by

 

a bureau, that intends to attract transient guests to the

 

assessment district. For a bureau described in section 3(8), a

 

marketing program includes a contract with a nonprofit organization

 

formed to promote convention business or tourism that receives

 

funding from a tax levied under Act No. 263 of the Public Acts of

 

1974, being sections 141.861 to 141.867 of the Michigan Compiled

 

Laws 1974 PA 263, MCL 141.861 to 141.867, in a contiguous county to

 

provide for the promotion of convention business or tourism.

 

     (h) "Marketing program notice" means the notice described in

 

section 3.

 

     (i) "Municipality" means a county with a population of less

 


than 650,000 or a city, village, or township within a county with a

 

population of less than 650,000. Municipality does not include a

 

special charter, fourth class city.

 

     (j) "Owner" means the owner of a transient facility to be

 

served by the bureau or, if the transient facility is operated or

 

managed by a person other than the owner, then the operator or

 

manager of that transient facility.

 

     (k) "Room" means a room or other space provided for sleeping

 

that can be rented independently, including the furnishings and

 

other accessories in the room. Room includes, but is not limited

 

to, a condominium or time-sharing unit that, pursuant to a

 

management agreement, may be used to provide dwelling, lodging, or

 

sleeping quarters for a transient guest.

 

     (l) "Room charge" means the charge imposed for the use or

 

occupancy of a room, excluding charges for food, beverages, state

 

use tax, telephone service, or like services paid in connection

 

with the charge, and excluding reimbursement of the assessment

 

imposed by this act.

 

     (m) "Transient facility" means a building or combination of

 

buildings under common ownership, operation, or management that

 

contains 10 or more rooms used in the business of providing

 

dwelling, lodging, or sleeping to transient guests, whether or not

 

membership is required for the use of the rooms. Transient facility

 

does not include a college or school dormitory, a hospital, a

 

nursing home, or a facility owned and operated by an organization

 

qualified for an exemption from federal taxation under section

 

501(c) of the internal revenue code.

 


     (n) "Transient guest" means a person who occupies a room in a

 

transient facility for less than 30 consecutive days.