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
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 the department
of energy, labor, and economic growth.
(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.