HB 2950 — tourism improvement areas; municipalities; counties

HouseSenate Engrossed House Bill tourism improvement areas;

counties State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session CHAPTER 206 HOUSE BILL 2950 AN ACT AMENDING TITLE 48, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 38;

governing body approval;

ON PRESENTATION OF A PETITION PURSUANT TO THIS SECTION, THE GOVERNING BODY MAY APPROVE THE FORMATION OF A TOURISM IMPROVEMENT AREA.AREA AND THE LODGING BUSINESS ASSESSMENT RATE.

THE SIGNATURE OF LODGING BUSINESS OWNERS OF TWO OR MORE LODGING BUSINESSES WITHIN A PROPOSED TOURISM IMPROVEMENT AREA.AREA THAT AGREED TO PARTICIPATE IN THE TOURISM IMPROVEMENT AREA PURSUANT TO SECTION 48-6507.

A DEFINITION DESCRIBING THE TYPE OR CLASS OF LODGING BUSINESSES TO BE INCLUDED IN THE PROPOSED TOURISM IMPROVEMENT AREA AND THE LODGING BUSINESSES THAT WILL BE SUBJECT TO THE PROPOSED LODGING BUSINESS ASSESSMENT.ASSESSMENT PURSUANT TO SECTION 48-6507.

A LODGING BUSINESS ASSESSMENT MAY BE LEVIED BASED ON ANYEITHER OF THE FOLLOWING:

FIXED RATE PER LODGING ROOM RENTAL OF NOT MORE THAN $5 PER DAY.NIGHT.

PERCENTAGE OF RECEIPTS ONFROM LODGING ROOM RENTALS.RENTALS OF NOT MORE THAN FIVE PERCENT BY THE LODGING BUSINESS.

B.- 3 - H.B.

IF2950 AB. RESOLUTION CONSISTENT WITH SUBSECTION A OF THIS SECTION IS ADOPTED BY THE GOVERNING BODY, THE NOTICE OF THE PUBLIC HEARING SHALL BE - 3 - H.B.

2950IF A RESOLUTION CONSISTENT WITH SUBSECTION A OF THIS SECTION IS ADOPTED BY THE GOVERNING BODY, THE NOTICE OF THE PUBLIC HEARING SHALL BE SENT BY MAIL TO EACH LODGING BUSINESS OWNER SUBJECT TO ASSESSMENT IN THE PROPOSED TOURISM IMPROVEMENT AREA AND PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY OR COUNTY OR ON THE MUNICIPALITY'S OR COUNTY'S PUBLIC WEBSITE AT LEAST THIRTY DAYS BEFORE THE DATE OF THE HEARING.

G.

ANY LODGING BUSINESS OF THE TYPES OR CLASSES THAT ARE SUBJECT TO THE LODGING BUSINESS ASSESSMENT THAT COMMENCES OPERATIONS DURING THE TOURISM IMPROVEMENT AREA'S TERM IS SUBJECT TO A LODGING BUSINESS ASSESSMENT, EXCEPT AS PRESCRIBED BY SECTION 48-6507, SUBSECTION C.

-C. 4 - H.B.

2950THE C.DESTINATION MARKETING ORGANIZATION MANAGING THE TOURISM IMPROVEMENT AREA HAS ALL OF THE POWERS POSSESSED BY A NONPROFIT CORPORATION ORGANIZED PURSUANT TO THE LAWS OF THIS STATE, INCLUDING THE - 4 - H.B.

THE2950 DESTINATION MARKETING ORGANIZATION MANAGING THE TOURISM IMPROVEMENT AREA HAS ALL OF THE POWERS POSSESSED BY A NONPROFIT CORPORATION ORGANIZED PURSUANT TO THE LAWS OF THIS STATE, INCLUDING THE AUTHORITY TO ACCEPT DONATIONS OR GIFTS OF MONIES AND PROPERTY, TO APPLY FOR AND RECEIVE GRANTS FROM PUBLIC AND PRIVATE SOURCES AND TO CARRY OVER MONIES FROM ONE FISCAL YEAR TO THE NEXT.

ON THE WRITTEN REQUEST OF THE DESTINATION MARKETING ORGANIZATION MANAGING THE TOURISM IMPROVEMENT AREA,AREA AND AFTER APPROVAL BY A MAJORITY OF THE OWNERS' BOARD, THE GOVERNING BODY MAY AMEND THE TOURISM IMPROVEMENT AREA PLAN PURSUANT TO THIS SECTION.

-C. 5 - H.B.

2950 C.

D.- 5 - H.B.

2950 D.

EXCEPT AS PRESCRIBED BY SUBSECTION CB OF THIS SECTION, A LODGING BUSINESS OWNER WHO SIGNED THE DESTINATIONPETITION MARKETINGFOR ORGANIZATIONTHE MANAGINGFORMATION OF THE TOURISM IMPROVEMENT AREA SHALLPURSUANT ESTABLISHTO LODGINGSECTION BUSINESS48-6502 ASSESSMENTSIS ONDEEMED THETO LODGINGHAVE BUSINESSESJOINED LOCATED WITHIN THE TOURISM IMPROVEMENT AREA.AREA ON ITS ESTABLISHMENT.

THEAN DESTINATIONOWNER MARKETINGOF ORGANIZATIONA MANAGINGLODGING BUSINESS LOCATED WITHIN THE TOURISM IMPROVEMENT AREA MAYWHO LEVYDID ANOT LODGINGSIGN BUSINESSTHE ASSESSMENTPETITION FOR THE FORMATION OF THE TOURISM IMPROVEMENT AREA IS NOT MOREA THANPARTICIPANT $5IN PERTHE NIGHTTOURISM ORIMPROVEMENT FIVEAREA PERCENTBUT OFMAY JOIN THE RECEIPTSTOURISM FROMIMPROVEMENT ROOMAREA RENTALSWITHIN BYSIXTY THEDAYS LODGINGAFTER BUSINESSTHE INESTABLISHMENT OF THE TOURISM IMPROVEMENT AREA.AREA BY FILING A NOTICE OF JOINDER.

A LODGING BUSINESS OWNER WHO SIGNED THE PETITION FOR THE FORMATION OF THE TOURISM IMPROVEMENT AREA PURSUANT TO SECTION 48-6502 IS DEEMED TO HAVE JOINED THE TOURISM IMPROVEMENT AREA ON ITS ESTABLISHMENT.

AN OWNER OF A LODGING BUSINESS LOCATED WITHIN THE TOURISM IMPROVEMENT AREA WHO DID NOT SIGN THE PETITION FOR THE FORMATION OF THE TOURISM IMPROVEMENT AREA MAY JOIN THE TOURISM IMPROVEMENT AREA WITHIN SIXTY DAYS AFTER THE ESTABLISHMENT OF THE TOURISM IMPROVEMENT AREA BY FILING A NOTICE OF JOINDER.

C.

C.

IF A LODGING BUSINESS OWNER JOINS OR WITHDRAWS FROM THE TOURISM IMPROVEMENT AREA DURING THE SIXTY-DAY PERIOD PRESCRIBED BY SUBSECTION B OF THIS SECTION, THE OWNERS' BOARD SHALL NOTIFY THE DEPARTMENT OF REVENUE AND THE GOVERNING BODY.

IFTHE ADESTINATION MARKETING ORGANIZATION MANAGING THE TOURISM IMPROVEMENT AREA SHALL NOTIFY THE LODGING BUSINESS OWNEROWNERS JOINSTHAT ORARE WITHDRAWSWITHIN FROM THE TOURISM IMPROVEMENT AREA DURINGTHAT THEANY SIXTY-DAYLODGING PERIODBUSINESS PRESCRIBEDOWNER BYMAY SUBSECTIONJOIN COR OFWITHDRAW THISFROM SECTION, THE OWNERS'TOURISM BOARDIMPROVEMENT SHALLAREA NOTIFYDURING THE DEPARTMENTANNUAL OFSIXTY-DAY REVENUEPERIOD ANDPRESCRIBED THEBY GOVERNINGSUBSECTION BODY.B OF THIS SECTION.

E.

THE DESTINATION MARKETING ORGANIZATION FOR THE TOURISM IMPROVEMENT AREA SHALL NOTIFY THE LODGING BUSINESS OWNERS THAT ARE WITHIN THE TOURISM IMPROVEMENT AREA THAT ANY LODGING BUSINESS OWNER MAY JOIN OR WITHDRAW FROM THE TOURISM IMPROVEMENT AREA DURING THE ANNUAL SIXTY-DAY PERIOD PRESCRIBED BY SUBSECTION C OF THIS SECTION.

-E. 6 - H.B.

2950THE F.LODGING BUSINESS ASSESSMENT SHALL BE LEVIED BEGINNING ON THE FIRST DAY OF THE FIRST MONTH NINETY DAYS AFTER THE GOVERNING BODY'S APPROVAL OF THE PETITION PURSUANT TO SECTION 48-6502.

THE LODGING BUSINESS ASSESSMENT SHALL BE LEVIED BEGINNING ON THE FIRST DAY OF THE FIRST MONTH NINETY DAYS AFTER THE OWNERS' BOARD IS ESTABLISHED.

F.

THE STATE TREASURER SHALL TRANSMIT TO THE TREASURER OR OFFICER EXERCISING THE FUNCTIONS OF TREASURER OF THE MUNICIPALITY OR COUNTY WHERE THE TOURISM IMPROVEMENT AREA IS LOCATED ON A MONTHLY BASIS THE AMOUNT - 6 - H.B.

2950 COLLECTED FROM LODGING BUSINESS ASSESSMENTS WITHIN THE TOURISM IMPROVEMENT AREA.

THE STATE TREASURER SHALL TRANSMIT TO THE TREASURER OR OFFICER EXERCISING THE FUNCTIONS OF TREASURER OF THE MUNICIPALITY OR COUNTY WHERE THE TOURISM IMPROVEMENT AREA IS LOCATED ON A MONTHLY BASIS THE AMOUNT COLLECTED FROM LODGING BUSINESS ASSESSMENTS WITHIN THE TOURISM IMPROVEMENT AREA.

H.