Act No. 82

Public Acts of 2010

Approved by the Governor

May 21, 2010

Filed with the Secretary of State

May 21, 2010

EFFECTIVE DATE: May 21, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Senator Allen

ENROLLED SENATE BILL No. 1204

AN ACT to amend 1980 PA 395, entitled “An act relating to the promotion of convention business or tourism in municipalities in this state; to provide for tourism or convention marketing programs in municipalities through nonprofit convention and tourist bureaus; to provide for the imposition and collection of assessments on the owners of transient facilities to support tourism or convention marketing programs; to provide for the disbursement of the assessments; to establish the functions and duties of the department of commerce; and to prescribe remedies and penalties,” 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 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 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 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.

(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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor