HOUSE BILL No. 6397

 

September 3, 2008, Introduced by Rep. Sak and referred to the Committee on Commerce.

 

     A bill to amend 1974 PA 263, entitled

 

"An act to permit counties to impose and collect an excise tax on

persons engaged in the business of providing rooms for dwelling,

lodging, or sleeping purposes to transient guests; to provide for

the disposition of the revenues thereof; and to prescribe

penalties,"

 

by amending section 2 (MCL 141.862), as amended by 2004 PA 118.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The county board of commissioners of a county

 

having a population of less than 600,000 persons , and having a

 

city of at least 40,000 population may enact an ordinance to levy,

 

assess, and collect an excise tax from all persons engaged in the

 

business of providing rooms for dwelling, lodging, or sleeping

 

purposes, except in hospitals or nursing homes, to transient

 

guests, whether or not membership is required for the use of the

 

accommodations.

 


     (2) If a county meets the requirements of subsection (1) on

 

the date it enacts an ordinance under this act and, after the 1990

 

decennial census, the county has a population of less than 120,000

 

persons and has a city with a population of 35,000 or more persons,

 

that county may continue to levy, assess, and collect the excise

 

tax under this act until October 1, 1991.

 

     (3) If a county described in subsection (2) has any

 

accommodations located within the county that are also located

 

within the boundaries of a city in which the majority of the

 

population of that city reside in an adjoining county, then the

 

accommodation is exempt from the tax under this act.

 

     (4) If a county described in subsection (2) has any

 

accommodations located within the county that are also located

 

within the boundaries of a city with a population of less than

 

5,000 persons, then the accommodation is exempt from tax under this

 

act.

 

     (5) The ordinance provided by this act may be amended or

 

repealed in the same manner as it was adopted.

 

     (6) The tax imposed pursuant to this act shall be at a rate of

 

not more than 5% of the total charge for accommodations subject to

 

this act.

 

     (7) If a county meets the requirements of subsection (1) on

 

the date it enacts an ordinance under this act, the county may

 

continue to levy, assess, and collect the excise tax under this

 

act.

 

     (8) An accommodation sold to an organization not operated for

 

profit and exempt from taxation under section 501(c)(3) or

 


501(c)(4) of the internal revenue code is exempt from excise tax

 

levied under this act if the accommodation is used in furtherance

 

of the charitable purposes of that organization.