HB 2161 — tourism marketing authorities.
Last action — Senate Second Reading
-
✓Introduced
-
✓In Committee
-
3Passed House
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill died with 55th Legislature - 1st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
321 added · 74 removedPlain-language change summary
The updated version of HB 2161 introduces clearer definitions regarding transient lodging rooms by specifying that they do not include accommodations that are the owner's primary residence. This change is significant because it distinguishes between commercial lodging intended for tourists and private homes rented out occasionally, ensuring fair regulations on tourism marketing authorities. Overall, this adjustment aims to better define the scope of the bill and protect both local businesses and residents.
HOUSEHB2161 FLOOR- AMENDMENT551R EXPLANATION- BillH Number:Ver *Sponsorship has changed since the bill was introduced House Engrossed tourism marketing authorities.
HB 2161 Floor Amendment KaiserState •of Excludes,Arizona fromHouse theof definitionRepresentatives ofFifty-fifth transientLegislature lodgingFirst room,Regular certainSession lodging accommodations, whether rentedHOUSE throughBILL an2161 online lodging marketplace orAN otherwise.ACT amending title 9, Arizona Revised Statutes, by adding chapter 14;
•amending Specifiestitle the11, assessmentArizona leviedRevised onStatutes, transientby lodgingadding roomschapter beginnings15; on the first day of the first month beginning 90 days after the Authority is established.
•relating Removes the requirement for ADOR to separatelytourism. account for assessment monies paid and to deposit net revenues into the State general fund.
• Makes clarifying(TEXT changes.OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona:
AmendmentSection 1. explanation prepared by Paul Benny Phone Number 4587 ra 2/17/2021 Fifty-fifth Legislature Kaiser First Regular Session H.B.
2161Title KAISER9, FLOORArizona AMENDMENTRevised HOUSEStatutes, OFis REPRESENTATIVESamended AMENDMENTSby TOadding H.B.chapter 14, to read:
2161CHAPTER (Reference14 toTOURISM printedMARKETING bill)AUTHORITY PageARTICLE 1,1. line 16, after the second quotation mark insert ":
(a)"GENERAL BetweenPROVISIONS linesSTART_STATUTE9-1501. 18 and 19, insert:
"(b)Definitions DOESIn NOTthis INCLUDEchapter, LODGINGunless ACCOMMODATIONS,the WHETHERcontext RENTEDotherwise THROUGHrequires: AN ONLINE LODGING MARKETPLACE AS DEFINED IN SECTION 42-5076 OR OTHERWISE, AND THAT ARE EITHER OF THE FOLLOWING:
(i)1. OCCUPIED BY THE OWNER OF THE PROPERTY AS THE OWNER'S PRIMARY RESIDENCE AND CLASSIFIED AS CLASS THREE PROPERTY PURSUANT TO SECTION 42-12003.
(ii)"Authority" RESIDENTIALmeans PROPERTYa THATtourism ISmarketing LEASEDauthority ORthat RENTEDis PURSUANTformed TOpursuant SECTIONto 42-12004,this SUBSECTIONchapter. A, PARAGRAPH 1, 2, 3, 4, 5, 7, 8, 9 OR 10." Page 2, line 30, after the second "THE" insert "ANNUAL" Line 35, after the period insert "THE ASSESSMENT SHALL BE LEVIED UNDER THIS SECTION BEGINNING ON THE FIRST DAY OF THE FIRST MONTH BEGINNING NINETY DAYS AFTER THE AUTHORITY IS ESTABLISHED.
UNLESS2. THE CONTEXT OTHERWISE REQUIRES, SECTION 42-6102 GOVERNS THE ADMINISTRATION OF THE ASSESSMENT." Line 43, after the third comma strike remainder of line Strike line 44, insert "THE AMOUNT" Line 45, after the period strike remainder of line Page 3, strike lines 1 through 6 Line 8, after "SHALL" insert "REPORT TO THE DEPARTMENT OF REVENUE THE ASSESSMENT AND" House Amendments to H.B.
2161"Board" Pagemeans 4,the lineboard 17,of afterdirectors theof seconda quotationtourism markmarketing insertauthority. ":
(a)"3. Between lines 19 and 20, insert:
"(b)"Governing DOESbody" NOTmeans INCLUDEthe LODGINGbody ACCOMMODATIONS,or WHETHERboard RENTEDthat THROUGHby ANlaw ONLINEis LODGINGconstituted MARKETPLACEas ASthe DEFINEDlegislative INdepartment SECTIONof 42-5076the ORmunicipality OTHERWISE,or ANDcounty. THAT ARE EITHER OF THE FOLLOWING:
(i)4. OCCUPIED BY THE OWNER OF THE PROPERTY AS THE OWNER'S PRIMARY RESIDENCE AND CLASSIFIED AS CLASS THREE PROPERTY PURSUANT TO SECTION 42-12003.
(ii)"Municipality" RESIDENTIALmeans PROPERTYa THATcity ISor LEASEDtown. OR RENTED PURSUANT TO SECTION 42-12004, SUBSECTION A, PARAGRAPH 1, 2, 3, 4, 5, 7, 8, 9 OR 10." Page 5, line 28, after the second "THE" insert "ANNUAL" Line 38, after the period insert "THE ASSESSMENT SHALL BE LEVIED UNDER THIS SECTION BEGINNING ON THE FIRST DAY OF THE FIRST MONTH BEGINNING NINETY DAYS AFTER THE AUTHORITY IS ESTABLISHED.
UNLESS5. THE CONTEXT OTHERWISE REQUIRES, SECTION 42-6102 GOVERNS THE ADMINISTRATION OF THE ASSESSMENT." Line 41, after the comma strike remainder of line Line 42, strike "THE PETITION FOR THE AUTHORITY," Line 43, after the period strike remainder of line Strike line 44 Page 6, strike lines 1 and 2 Line 4, after "SHALL" insert "REPORT TO THE DEPARTMENT OF REVENUE THE ASSESSMENT AND" Amend title to conform STEVE KAISER 2161FloorKAISER1 02/17/2021 02:10 PM C:
MYR"Transient -2-lodging room":
(a) means a room that is intended for transient occupancy in a hotel or motel, including an inn, tourist home or house, dude ranch or resort.
(b) does not include lodging accommodations, whether rented through an online lodging marketplace as defined in section 42-5076 or otherwise, and that are either of the following:
(i) occupied by the owner of the property as the owner's primary residence and classified as class three property pursuant to section 42-12003.
(ii) residential property that is leased or rented pursuant to section 42-12004, subsection a, paragraph 1, 2, 3, 4, 5, 7, 8, 9 or 10.
END_STATUTE START_STATUTE9-1502.
Petition;
approval;
formation A.
On presentation of a petition pursuant to this section, the governing body of one or more municipalities or one or more municipalities and a county with a population of less than two million persons may adopt a resolution forming a tourism marketing authority consisting of the property within the corporate boundaries of the authority as described in the petition.
The petition for the formation of the authority shall include and identify the following:
1.
The geographic boundaries of the authority.
2.
The nonprofit tourism promotion organization that the municipality and county, if applicable, will contract with to provide the tourism marketing services for the authority.
3.
A statement that the tourism marketing authority will promote and enhance tourism in the authority.
4.
The amount of the assessment stated in dollars per room per night on the transient lodging rooms within the boundaries of the authority and the transient lodging facilities to be assessed.
5.
A description of the authority's obligation to report annually to the governing body of each municipality and county that is participating in the authority.
Show all 179 changed lines (139 more)
6.
A statement that the authority may be terminated by petition of the transient lodging room owners or legally authorized representatives and shall terminate after ten years unless renewed by further action by petition to and approval of one or more of the governing bodies participating in the authority.
B.
If a petition prescribed by subsection A of this section is signed by the owners or legally authorized representatives of at least sixty-seven percent of the transient lodging rooms within the geographic area of the authority, and includes two or more properties with transient lodging rooms, the governing body of each participating municipality and county by affirmative vote may approve the formation of the authority.
On approval of each participating municipality and county, the authority is ESTABLISHED.
END_STATUTE START_STATUTE9-1503.
Authority powers and duties;
contracts;
assessments A.
On ESTABLISHMENT of the authority, the governing body of each MUNICIPALITY and county participating in the authority shall:
1.
Contract with a recognized tourism promotion agency in the municipality and county that is a nonprofit corporation exempt from taxation under section 501(c)(6) of the internal revenue code and that has been in continuous existence for at least five years.
If there is no recognized tourism promotion agency in the municipality that has been in continuous existence for the preceding five years, the municipality shall contract with a recognized tourism PROMOTION agency in the MUNICIPALITY and COUNTY that is a NONPROFIT CORPORATION exempt from taxation under section 501(c)(6) of the internal revenue code and that has been in continuous existence for at least two YEARS.
If there is no recognized TOURISM promotion agency in the municipality, the municipality may contract with the municipality's tourism promotion office.
The contract shall provide that the municipality and any participating county shall distribute to the recognized tourism promotion agency all monies that are received from assessments collected pursuant to this chapter.
2.
enter into intergovernmental agreements as prescribed in title 11, chapter 7, article 3 for the purposes of supporting the authority.
B.
The authority shall Establish, charge and collect assessments on transient lodging rooms.
The authority may levy an assessment of not more than $5 per room sold per night on the transient lodging rooms in the authority.
The assessment rate or rates may be tiered based on the annual average daily room rate for the affected transient lodging.
C.
The transient lodging room owner or legally authorized representative shall pay the assessment to the department of revenue at the same time as paying the transaction privilege tax under section 42-5014.
The assessment shall be levied under this section beginning on the first day of the first month beginning ninety days after the authority is established.
Unless the context otherwise requires, section 42-6102 governs the administration of the assessment.
If the transient lodging room owner for any reason does not pay transaction privilege tax, the assessment imposed by this chapter is due and payable to the department, and is delinquent if not paid, as provided in section 42-5014, subsection A.
The department shall report to the state treasurer the amount of monies collected pursuant to this subsection.
D.
the state treasurer shall transmit to the treasurer or officer exercising the functions of treasurer of the participating MUNICIPALITY or county, if applicable, each month, the amount collected from properties within the authority.
E.
The board and any municipality or county that is participating in the authority shall report to the DEPARTMENT of revenue the assessment and supply the department of revenue and the state treasurer with all requested information necessary to administer this section.
END_STATUTE START_STATUTE9-1504.
Authority governance;
limitation;
meetings;
report A.
The board of directors of the recognized tourism PROMOTION agency shall govern the authority and at least one member of one or more of the governing bodies shall participate in the authority.
THE authority may Employ staff and consultants, Reimburse a municipality or county for staff, services and FACILITies supplied by the municipality or county, enter into contracts and accept grants.
B.
The authority may not finance or facilitate the acquisition, maintenance, construction or operation of a hotel, motel, resort or other transient lodging or any sports or entertainment facility.
C.
The authority and its board shall maintain the RECORDS of the authority, including RECORDS of its accounts showing all monies RECEIVED and DISBURSED AND its annual budget, and shall keep the authority's monies and operations separate from the tourism promotion agency's other monies and activities. The board shall comply with title 38, chapter 3, article 3.1 and title 39, chapter 1.
D.
The board shall report at least annually to the governing bodies of the participating municipalities and county on the activities and expenditures of the AUTHORITY and the impacts of the authority's expenditures and activities.
END_STATUTE START_STATUTE9-1505.
Termination;
petition;
renewal;
modification of boundaries A.
An AUTHORITY may be terminated at any time on presentation of a petition that is signed by the owners or legally authorized representatives of at least fifty-one percent of the transient lodging rooms within the geographic area of the authority.
On receipt of a petition, the governing body of each participating municipality and county shall terminate its participation in the authority and notify the department of revenue, which shall cease collecting any assessment.
B.
An authority shall terminate ten years after its formation unless one or more municipalities or one or more municipalities and a county by petition as prescribed by section 9-1502 and by resolution approve the renewal of the authority before its termination. An authority may be renewed and its boundaries modified if fewer than all of the original entities resolve to renew their participation in the authority except that an authority must include at least one municipality.
On approval of one or more governing bodies' resolutions, the authority is renewed for ten additional years. An authority may continue to be renewed every ten years thereafter.
END_STATUTE Sec. 2.
Title 11, Arizona Revised Statutes, is amended by adding chapter 15, to read:
CHAPTER 15 TOURISM MARKETING AUTHORITY ARTICLE 1.
GENERAL PROVISIONS START_STATUTE11-2001.
Definitions In this chapter, unless the context otherwise requires:
1.
"Authority" means a tourism marketing authority that is formed pursuant to this chapter.
2.
"Board" means the board of directors of a tourism marketing authority.
3.
"Governing body" means the board of supervisors of a county.
4.
"Transient lodging room":
(a) means a room that is intended for transient occupancy in a hotel or motel, including an inn, tourist home or house, dude ranch or resort.
(b) Does not include lodging accommodations, whether rented through an online lodging marketplace as defined in section 42-5076 or otherwise, and that are either of the following:
(i) occupied by the owner of the property as the owner's primary residence and classified as class three property pursuant to section 42-12003.
(ii) residential property that is leased or rented pursuant to section 42-12004, subsection a, paragraph 1, 2, 3, 4, 5, 7, 8, 9 or 10.
END_STATUTE START_STATUTE11-2002.
Petition;
approval;
formation A.
On presentation of a petition pursuant to this section, the governing body of a county with a population of less than two million persons may adopt a resolution forming a tourism marketing authority consisting of all of the property within the boundaries of the county. The petition for the formation of the authority shall include and identify the following:
1.
The geographic boundaries of the authority.
2.
The nonprofit tourism promotion organization that the county will contract with to provide the tourism marketing services for the authority.
3.
A statement that the tourism marketing authority will promote and enhance tourism in the authority.
4.
The amount of the assessment stated in dollars per room per night on the transient lodging rooms within the boundaries of the authority and the transient lodging facilities to be assessed.
5.
a description of the authority's obligation to report annually to the governing body of the county that is participating in the authority.
6.
A statement that the authority may be terminated by petition of the transient lodging room owners or legally authorized representatives and shall terminate after ten years unless renewed by further action by petition to and approval of the governing body.
B.
If a petition prescribed by subsection A of this section is signed by the owners or legally authorized representatives of at least sixty-seven percent of the transient lodging rooms within the geographic area of the authority, and includes two or more properties with transient lodging rooms, the governing body of the county by affirmative vote may approve the formation of the authority.
On approval of the county, the authority is ESTABLISHED.
END_STATUTE START_STATUTE11-2003.
Authority powers and duties;
contracts;
assessments A.
On establishment of the authority, the governing body of the county participating in the authority shall:
1.
Contract with a recognized tourism promotion agency in the county that is a nonprofit corporation exempt from taxation under section 501(c)(6) of the internal revenue code and that has been in continuous existence for at least five years.
If there is no recognized tourism promotion agency in the county that has been in continuous existence for the preceding five years, the county shall contract with a recognized tourism PROMOTION agency in the COUNTY that is a NONPROFIT CORPORATION exempt from taxation under section 501(c)(6) of the internal revenue code and that has been in continuous existence for at least two YEARS.
If there is no recognized tourism promotion agency in the county, the county may contract with the county's tourism promotion office.
The contract shall provide that the county shall distribute to the recognized tourism promotion agency all monies that are received from assessments collected pursuant to this chapter.
2.
Enter into intergovernmental agreements as prescribed in chapter 7, article 3 of this title for the purposes of supporting the authority.
B.
The authority shall establish, charge and collect assessments on transient lodging rooms. The authority may levy an assessment of not more than $5 per room sold per night on the transient lodging rooms in the authority.
The assessment rate or rates may be tiered based on the annual average daily room rate for the affected transient lodging.
C.
The transient lodging room owner or legally authorized representative shall pay the assessment to the department of revenue at the same time as paying the transaction privilege tax under section 42-5014. If the transient lodging room owner for any reason does not pay transaction privilege tax, the assessment imposed by this chapter is due and payable to the department, and is delinquent if not paid, as provided in section 42-5014, subsection A.
The department shall report to the state treasurer the amount of monies collected pursuant to this subsection.
the assessment shall be levied under this section beginning on the first day of the first month beginning ninety days after the authority is established.
Unless the context otherwise requires, section 42-6102 governs the administration of the assessment.
D.
the state treasurer shall transmit to the treasurer or officer exercising the functions of treasurer of the participating county each month, the amount collected from properties within the authority. E.
The board and the county that is participating in the authority shall report to the department of revenue the assessment and supply the department of revenue and the state treasurer with all requested information necessary to administer this section.
END_STATUTE START_STATUTE11-2004.
Authority governance;
limitation;
meetings;
report A.
The board of directors of the recognized tourism promotion agency shall govern the authority and at least one member of the governing body shall participate in the authority.
The authority may employ staff and consultants, reimburse a county for staff, services and facilities supplied by the county, enter into contracts and accept grants.
B.
The authority may not finance or facilitate the acquisition, maintenance, construction or operation of a hotel, motel, resort or other transient lodging or any sports or entertainment facility.
C.
The authority and its board shall maintain the records of the authority, including records of its accounts showing all monies received and disbursed and its annual budget, and shall keep the authority's monies and operations separate from the tourism promotion agency's other monies and activities.
The board shall comply with title 38, chapter 3, article 3.1 and title 39, chapter 1.
D.
The board shall report at least annually to the governing body of the county on the activities and expenditures of the authority and the impacts of the authority's expenditures and activities.
END_STATUTE START_STATUTE11-2005.
Termination;
petition;
renewal;
modification of boundaries A.
An authority may be terminated at any time on presentation of a petition that is signed by the owners or legally authorized representatives of at least fifty-one percent of the transient lodging rooms within the geographic area of the authority.
On receipt of a petition, the governing body of the county shall terminate its participation in the authority and notify the department of revenue, which shall cease collecting any assessment.
B.
An authority shall terminate ten years after its formation unless a county by petition as prescribed by section 11-2002 and by resolution approve the renewal of the authority before its termination. On approval of the governing body's resolution, the authority is renewed for ten additional years. An authority may continue to be renewed every ten years thereafter.
END_STATUTE Sec. 3.
Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
Show all 179 changed rows (139 more)
View plain text versions (3)
- Engrossed House Engrossed Version Current html
- Amended HOUSE - Floor Amend to Bill - Kaiser - passed pdf
- Introduced Introduced Version html
Action History
-
Senate Second Reading
-
Senate First Reading
-
Transmit to Senate
-
PASSED
-
PASSED
-
FAILED
-
DPA
-
House Placed on Consent Calendar
-
DP
-
House Second Reading
-
House First Reading.
Sponsors
- Jeff Weninger · Cosponsor
- Walt Blackman · Cosponsor
- Regina E. Cobb · Cosponsor
- Steve Kaiser · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 89 not signed on · 33 voted No
Sponsors (1)
Co-sponsors (3)
- Jeff Weninger Republican
- Walt Blackman Republican
- Regina E. Cobb
Not signed on (89)
89 members have not signed on to this bill.
Show all 89 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 10 | 0 | 2 |
| Republican | 4 | 10 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 38 | 20 | 0 | 2 |
| % of votes cast | 63% | 33% | 0% | 3% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 18 | 0 | 0 |
| Republican | 2 | 12 | 0 | 0 |
| Democrat | 2 | 2 | 0 | 0 |
| Total | 28 | 32 | 0 | 0 |
| % of votes cast | 47% | 53% | 0% | 0% |
How each member voted (60)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2161?
- HB 2161 is sponsored by Jeff Weninger (Republican), Walt Blackman (Republican), Regina E. Cobb, and Steve Kaiser.
- What is the current status of HB 2161?
- This bill died with 55th Legislature - 1st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2161?
- Track HB 2161 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 2161
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 2161
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →