SB 2193 — Tourism; create advisory board and divert percentage of restaurant and hotel sales tax revenue for advertising.

SB2193 (As SentPassed tothe Governor)Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Burton Senate Bill 2193 (As SentPassed tothe Governor)Senate) AN ACT TO CREATE A MISSISSIPPI TOURISM ASSOCIATIONADVERTISING MARKETINGAND PROMOTION ADVISORY BOARD TO ASSIST THE MISSISSIPPI DEVELOPMENT AUTHORITY IN THE PLANNING OF INITIATIVES FOR ADVERTISING AND PROMOTING TOURISM IN MISSISSIPPI;

TO ESTABLISH THE MEMBERSHIP OF SUCH BOARD;BOARD AS CONSISTING OF TWO DIRECTORS OF CONVENTION AND VISITORS BUREAUS IN MISSISSIPPI COUNTIES OR MUNICIPALITIES AND ONE AT-LARGE MEMBER FROM THE RESTAURANT OR HOTEL INDUSTRY;

TO AMENDPROVIDE SECTIONFOR 27-65-75,THE MISSISSIPPIAPPOINTMENT CODE OF 1972,SUCH TOBOARD DIVERTMEMBERS ONEBY PERCENTTHE OFGOVERNOR, SALESWITH TAXMEMBERS REVENUESERVING FROMTERMS RESTAURANTSCONCURRENT ANDWITH HOTELSTHAT TOOF THE MISSISSIPPIGOVERNOR; DEVELOPMENT AUTHORITY TOURISM ADVERTISING FUND IN FISCAL YEAR 2020, TO BE INCREASED TO TWO PERCENT IN FISCAL YEAR 2021 AND TO THREE PERCENT IN FISCAL YEAR 2022 AND THEREAFTER;

TO PROVIDEAMEND THATSECTION THE27-65-75, JOINTMISSISSIPPI LEGISLATIVECODE COMMITTEEOF ON1972, PERFORMANCETO EVALUATIONDIVERT ANDONE EXPENDITUREPERCENT REVIEWOF SHALLSALES PROVIDETAX ANREVENUE ANNUALFROM REPORTRESTAURANTS AND HOTELS TO THE LEGISLATUREMISSISSIPPI INDICATINGDEVELOPMENT THEAUTHORITY AMOUNTTOURISM OFADVERTISING FUNDSFUND DEPOSITEDIN INTOFISCAL THEYEAR MISSISSIPPI2019, DEVELOPMENTTO AUTHORITYBE TOURISMINCREASED ADVERTISINGTO FUNDTWO PERCENT IN FISCAL YEAR 2020 AND ATO DETAILEDTHREE RECORDPERCENT OFIN HOWFISCAL THEYEAR FUNDS2021 AREAND SPENT;THEREAFTER;

     SECTION 1.  (1)  There is hereby created a Mississippi Tourism AssociationAdvertising Marketingand Promotion Advisory Board to assist the Mississippi Development Authority in the planning of initiatives for advertising and promoting tourism in Mississippi.

          (a)  TheThree Executive(3) Directordirectors of theconvention and visitors bureaus for Mississippi Tourismcounties Association;or municipalities;

and           (b)  TheTwo members(2) ofat-large the Mississippi Tourism Association Board of Directors, composed through the bylaws of the Mississippi Tourism Association as being geographically and ethnically diverse members from the fiverestaurant (5)or tourismhotel regionsindustry. designated as the Hills, the Delta, the Capital/River, the Pines and the Coastal regions of Mississippi, and three (3) at-large members.

     (3)  MembersAppointments shall be made by the Governor in January 2020, with members serving terms concurrent with that of the Governor.  In the event of a vacancy on the advisory boardboard, maya notsuccessor shall be compensatedappointed forto fill the performanceunexpired ofterm.  theirAny duties.member whose term expires shall continue to serve until his or her successor is appointed.

     (4)  TheMembers of the advisory board willmay givenot inputbe andcompensated advicefor to the Mississippiperformance Developmentof Authority'stheir Tourismduties Divisionexcept onfrom marketingfunds andthat advertisingare planning,specifically butappropriated shalltherefor haveby nothe executiveLegislature powersor atfrom thegifts, Mississippigrants Developmentor Authority.donations.

          (b)  TheAs Jointused Legislativein Committeethis onparagraph: Performance Evaluation and Expenditure Review (PEER) must provide an annual report to the Legislature indicating the amount of funds deposited into the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, and a detailed record of how the funds are spent.

              (i)  "Restaurant" means any place where prepared food and beverages are sold for consumption, whether the food and beverage is consumed on the premises or not.  The term does not include any school, hospital, convalescent or nursing home, or any restaurant-like facility operated by or in connection with a school, hospital, medical clinic, convalescent or nursing home providing food for students, patients, visitors or their families.

              (ii)  "Hotel" means any entity or individual which is engaged in the business of furnishing one or more rooms, cottages or cabins designed for dwelling, lodging or sleeping purposes to transient persons and that are known to the trade as such.  The term "hotel" also includes all buildings, including single-family dwellings or other structures kept, used, maintained or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay or other consideration regardless of the number of rooms, units, suites or cabins available.  Advertising for rent to the general public, whether by the owner of the property or a third party, qualifies as being "known to the trade as such."  It is immaterial that cooking facilities may or may not be furnished.  The term "hotel" also includes any entity or individual furnishing bed and breakfast accommodations to transient persons.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2019, and shall be repealed from and after June 30, 2019.