News Story
Tourism Taxes Approved
State and local tax burden approaching nation’s ten worst
April 1, 2008
Out-of-town visitors, staying overnight in Lansing, may soon be paying a 2 percent room tax.
A new state law could further enhance Michigan’s status as having
one of the nation’s highest state and local tax burdens. House Bill 4261, now
Public Act 25 of 2007, allows convention and tourism bureaus in Kent County and
Lansing to levy a 2 percent hotel and motel rooms tax to support marketing and
promotion programs. This would be on top of existing marketing levies. A
referendum of lodging providers would be required if requested by least 40
percent of the owners of "transient facilities" subject to the tax.
The bill was first approved by the state House of
Representatives on May 8, 2007. One month earlier, the Tax Foundation of
Washington, D.C., released its annual ranking of state and local tax burdens.
(Note: On Aug. 7, 2008, the Washington, D.C.-based Tax Foundation released its newest State-Local Tax Burden Ranking of the 50 states. This report included a change in the methodology used to compute and rank tax burdens which led to a significant drop in the position Michigan held in Tax Foundation rankings — from 14th to 27th among the 50 states.) Though this was many months before the $1.4 billion income and business tax
hikes that would be required to balance the fiscal 2008 budget, Michigan’s tax
burden ranking for 2007 had already climbed to 14th highest in the nation —
sharply up from 30th highest in 2001. Neighbors Illinois and Indiana are just
two of the 16 states that Michigan’s tax burden has eclipsed during its rapid
six-year ascent up this dismal ladder.
In a competitive race for the nation’s most punishing tax
policy, Michigan has been keeping up with the worst of them. The Tax Foundation
asserts that state and local taxes for 2007 were consuming an average of more
than 11 percent of personal income — a level not seen in more than 25 years.
Michigan tax consumption was 11 percent of personal income in the 2006 ranking
and climbed to 11.2 percent for 2007.
During the committee testimony on House Bill 4261, the mayor of
Grand Rapids asserted that the room tax was needed because the area had already
approved tourism taxes up to the limit of their authority under existing state
law. Additionally, he argued that a higher marketing tax is essential for
attracting more convention and tourism business to the region. But with the
backdrop of Michigan’s overall tax burden relative to other states, it is a
debatable point that more local taxes and spending — even for tourism promotion
— is wise policy.
According to a Michigan House Fiscal Agency analysis, the
lodging facilities within the tourism promotion district will receive one vote
per room if a tax election is called. If a majority of the rooms within the
assessment district are voted in favor of the tax, then the tax will be
implemented, with the proceeds becoming the "property of the private, non-profit
corporation promoting convention and tourism business." Hotels and motels voting
in opposition will be forced to fork over as much as 2 percent of the proceeds
from each guest filling one of their rooms to a private entity that implements a
marketing program that they do not want.
An advisory committee of five to nine members will be elected to
draft a marketing plan that is submitted to the "voters" along with the tax
proposal. This committee would need to have only one representative from a
smaller hotel or motel — defined as a facility with fewer than 120 guest rooms.
With voting rights proportional to number of rooms, owners of small facilities
will have a small voice regarding whether these taxes are assessed on them and
also little say in whether the funds taken from them are used for their benefit.
The law allows dissidents to seek repeal of the tax only once every two years,
and again subject to the "one room, one vote" rule.
Aside from the injustice of forcing business owners to pay for
advertising that they may not want or need, there is also an economic concern
over whether higher hotel taxes will lead to fewer hotel guests. The HFA
analysis of the bill speculates that the proposal could actually depress
consumer spending, leading to other consequences: "It is unknown what the effect
of increasing hotel and motel costs by 2 percent would have on visitors’ stays
and other hotel/motel-related revenue. To the extent the additional costs were
accommodated by shorter stays, shifts to less expensive lodging, reductions in
food or other visitor-related purchases, the bill could affect a wide variety of
other State and local revenue."
On May 8, 2007, the state House of Representatives voted 64-43
in favor of approving the local tourism tax authority, with 17 Republicans
joining 47 Democrats voting for the bill. On June 20, 2007, the state Senate
concurred on a vote of 35-3, with 18 Republicans joining 17 Democrats voting
"yes." Gov. Granholm signed House Bill 4261 into law on June 28, 2007. The
Michiganvotes.org tally for the
bill is displayed below.
For Further Reading: For additional information about this bill and the rankings of state tax burdens, please visit
www.mackinac.org/9312.
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TOURISM TAXES APPROVED:
Lawmakers voting TO ALLOW A KENT COUNTY HOTEL TAX
HOUSE REPUBLICANS (17)
SENATE REPUBLICANS (18)
HOUSE DEMOCRATS (47)
SENATE DEMOCRATS (17)
Lawmakers voting AGAINST THE HOTEL TAX
HOUSE REPUBLICANS (34)
SENATE REPUBLICANS (3)
HOUSE DEMOCRATS (9)
SENATE DEMOCRATS (NONE)
Lawmakers who DID NOT VOTE
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Senate Vote
House Vote
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