HOUSE BILL No. 6466

 

September 12, 2006, Introduced by Reps. Drolet, Moore, Ward, Gosselin, Palmer, Baxter and Hoogendyk and referred to the Committee on Government Operations.

 

     A bill to amend 1991 PA 180, entitled

 

"An act to assist in the financing of stadia or convention

facilities; to permit eligible municipalities to impose and collect

an excise tax on businesses engaged in the preparation and delivery

of food and beverages for immediate consumption, in leasing or

renting motor vehicles in the eligible municipality, and in

providing accommodations for dwelling, lodging, or sleeping

purposes; to limit the rate of that excise tax; to authorize voter

approval in a single ballot question of the excise tax authorized

by this act and of certain purposes for which the excise tax is

imposed; to provide for the establishment of procedures for the

collection, administration, and enforcement of the excise tax; to

prescribe the powers and duties of certain state departments and

state and local officials; to provide for the disposition and

transmittal of the revenues from the tax for stadia or convention

facility development and other purposes and authorize the pledge of

those revenues; to authorize the appointment of employees and

officials of a local governmental unit to an authority to which

revenues from the tax may be pledged; to prescribe penalties and

provide remedies; and to repeal certain acts and parts of acts,"

 

(MCL 207.751 to 207.759) by amending the title and by adding

 


section 7a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to assist in the financing of stadia or convention

 

facilities; to permit eligible municipalities to impose and collect

 

an excise tax on businesses engaged in the preparation and delivery

 

of food and beverages for immediate consumption, in leasing or

 

renting motor vehicles in the eligible municipality, and in

 

providing accommodations for dwelling, lodging, or sleeping

 

purposes; to limit the rate of that excise tax; to authorize voter

 

approval in a single ballot question of the excise tax authorized

 

by this act and of certain purposes for which the excise tax is

 

imposed; to provide for the establishment of procedures for the

 

collection, administration, and enforcement of the excise tax; to

 

prescribe the powers and duties of certain state departments and

 

state and local officials; to provide for the disposition and

 

transmittal of the revenues from the tax for stadia or convention

 

facility development and other purposes and authorize the pledge of

 

those revenues; to impose requirements on certain entities that

 

own, operate, or lease stadia that receive public funding; to

 

authorize the appointment of employees and officials of a local

 

governmental unit to an authority to which revenues from the tax

 

may be pledged; to prescribe penalties and provide remedies; and to

 

repeal  certain  acts and parts of acts.

 

     Sec. 7a. (1) An entity that owns, operates, or leases a sports

 

stadium for which 20% or more of the construction costs or 20% or

 

more of the annual operating expenses are derived from state or

 


local taxes or from state or local tax-exempt bonds shall not

 

prohibit a patron attending a sporting event from carrying or

 

displaying a sign or message unless the sign or message is 1 or

 

more of the following:

 

     (a) Displayed in a manner that obstructs any other

 

individual's view of the sporting event.

 

     (b) Obscene or pornographic.

 

     (c) A safety hazard because of its size or construction.

 

     (d) Occupying space beyond the area that the patron is

 

authorized to occupy.

 

     (2) An entity that violates subsection (1) is responsible for

 

all of the following:

 

     (a) Actual damages to the individual who is prevented from

 

carrying or displaying the sign or message or liquidated damages of

 

$100.00.

 

     (b) Costs and reasonable attorney fees.

 

     (c) A civil fine of $500.00.