Bill Text: MI HB4556 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Taxation; convention tourism assessments; state convention facility development act to include certain short-term rentals; modify. Amends secs. 3 & 4 of 1985 PA 106 (MCL 207.623 & 207.624). TIE BAR WITH: HB 4554'19

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2019-05-07 - Bill Electronically Reproduced 05/02/2019 [HB4556 Detail]

Download: Michigan-2019-HB4556-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4556

 

 

May 2, 2019, Introduced by Reps. Marino, Brixie and Lilly and referred to the Committee on Commerce and Tourism.

 

     A bill to amend 1985 PA 106, entitled

 

"State convention facility development act,"

 

by amending sections 3 and 4 (MCL 207.623 and 207.624), as amended

 

by 2009 PA 61.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Accommodations" means the room or other space provided to

 

transient guests for dwelling, lodging, or sleeping, including

 

furnishings and other accessories, in a facility that is not a

 

campground, hospital, nursing home, emergency shelter, or community

 

mental health or community substance abuse treatment facility.

 

Accommodations do not include food or beverages.

 

     (b) "Commissioner" means the state treasurer.


     (c) "Convention facility" means 1 or more facilities owned or

 

leased by a local governmental unit or metropolitan authority

 

created under the regional convention facility authority act, 2008

 

PA 554, MCL 141.1351 to 141.1379, that are any combination of a

 

convention hall, auditorium, meeting rooms, and exhibition areas

 

that are separate and distinct and contiguous to each other, and

 

related adjacent public areas generally available to members of the

 

public for lease on a short-term basis for holding conventions,

 

meetings, exhibits, and similar events and the necessary site or

 

sites, together with appurtenant properties necessary and

 

convenient for use in connection with the facility. Convention

 

facility includes a qualified convention facility as defined under

 

section 5 of the regional convention facility authority act, 2008

 

PA 554, MCL 141.1355.

 

     (d) "Convention hotel" means a facility used in the business

 

of providing accommodations that has more than 80 rooms for

 

providing accommodations to transient guests and that complies with

 

all of the following:

 

     (i) Located within a county having a population according to

 

the most recent decennial census of 700,000 or more.

 

     (ii) Located within a county that is 1 or more of the

 

following:

 

     (A) A county that has a convention facility with 350,000

 

square feet or more of total exhibit space.

 

     (B) A county that has 2,000 or more rooms to provide

 

accommodations for transient guests.

 

     (e) "Local governmental unit" means a county, township, city,


village, or a metropolitan authority formed under the regional

 

convention facility authority act, 2008 PA 554, MCL 141.1351 to

 

141.1379.

 

     (f) "Person" means a natural person, partnership, limited

 

partnership, fiduciary, association, corporation, limited liability

 

company, or other entity.

 

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

 

occupancy of accommodations, excluding charges for food, beverages,

 

telephone services, the use tax imposed under the use tax act, 1937

 

PA 94, MCL 205.91 to 205.111, or like services paid in connection

 

with the charge. Room charge does not include reimbursement of the

 

assessment imposed by the community convention or tourism marketing

 

act, 1980 PA 395, MCL 141.871 to 141.880, the convention and

 

tourism marketing act, 1980 PA 383, MCL 141.881 to 141.889, or this

 

act.

 

     (h) "Short-term rentals" and "short-term transient facilities"

 

mean those terms as defined in the Michigan short-term rental

 

promotion act.

 

     (i) (h) "Transient guest" means a natural person staying less

 

than 30 consecutive days.

 

     Sec. 4. (1) There is hereby levied upon and there shall be

 

collected from any person engaged in the business of providing

 

accommodations to transient guests in a short-term rental of a

 

short-term transient facility or in a convention hotel, whether or

 

not membership is required, an excise tax at the following rates:

 

     (a) For a convention hotel located within a qualified local

 

governmental unit under section 9(4), the following:


     (i) A rate of 3% of the room charge for short-term rentals of

 

short-term transient facilities or accommodations in a convention

 

hotel with 81 to 160 rooms.

 

     (ii) A rate of 6% of the room charge for accommodations in a

 

convention hotel with more than 160 rooms.

 

     (b) For all other convention hotels not subject to the tax

 

rates imposed by subdivision (a), the following:

 

     (i) A rate of 1.5% of the room charge for short-term rentals

 

of short-term transient facilities or accommodations in a

 

convention hotel with 81 to 160 rooms.

 

     (ii) A rate of 5% of the room charge for accommodations in a

 

convention hotel with more than 160 rooms.

 

     (2) Beginning with the state fiscal year 1987, a person

 

engaged in the business of providing accommodations to transient

 

guests in a convention hotel is exempt from the tax imposed by this

 

act for any state fiscal year in which appropriations of the tax

 

collections pursuant to this act from that convention hotel have

 

not been made for distributions pursuant to section 9 that would be

 

received by a qualified local governmental unit from the

 

collections of the tax under this act or section 1207 of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.2207,

 

that the qualified local governmental unit is eligible to receive.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4554 (request no.

 

01509'19) of the 100th Legislature is enacted into law.

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