SB505: Bill Text

SB505,6,12 66.0615 (1m) (g) 1. If a single municipality imposes a room tax under par. (a), the municipality shall contract with a destination marketing organization in its area. If no destination marketing organization exists in the municipality, the municipality shall create a tourism committee under par. (h).

SB505,6,17 2. With regard to a destination marketing organization that provides services to a single municipality, the organization shall be governed by a board that has no more than 29 members. The governing board shall be composed of the following members and, except as provided in subd. 2. d., shall be appointed by the municipality according to procedures established in a municipal ordinance:

SB505,6,19 a. At least 67 percent of the members of the board shall represent tourism-related retailers.

SB505,6,21 b. At least 33 percent of the members of the board shall be owners or operators of hotels or motels that collect the room tax in the municipality.

SB505,6,24 c. At least 51 percent of the members of the board shall represent the hotel industry, the motel industry, the restaurant industry, the tourist attraction industry, or the private golf course industry.

SB505,7,2 d. At least 20 percent of the members of the board shall be appointed by the principal elected official in the municipality.

SB505,7,10 3. Two or more municipalities that impose a room tax under par. (a) may enter into a contract under s. 66.0301 to jointly promote their areas. If each of the contracting municipalities imposes a room tax, the municipalities may enter into a contract with a single destination marketing organization in their area. A destination marketing organization that provides services to 2 or more municipalities under this subdivision shall be governed by a board. The governing board shall be composed of the following members who shall be appointed under the terms of a written agreement entered into by the municipalities:

SB505,7,13 a. At least 51 percent of the members of the board shall represent the hotel industry, the motel industry, the restaurant industry, the tourist attraction industry, or the private golf course industry.

SB505,7,15 b. At least 25 percent of the members of the board shall be owners or operators of hotels or motels that collect the room tax in the area.

SB505,7,17 c. At least 20 percent of the members of the board, in total, shall be appointed by the principal elected official in each of the municipalities.

SB505,7,19 4. A destination marketing organization's governing board shall do at least all of the following:

SB505,7,21 a. Meet regularly and, from among its members, elect a chairperson, vice chairperson, secretary, and treasurer.

SB505,7,23 b. Engage in activities that generate overnight stays in hotels or motels in the area.

SB505,8,4 c. Prepare, and provide to each municipality from which it receives room tax revenues, at least annually, a complete accounting of the receipts, expenses, and expenditures of the board and a report that correlates the expenditures of the board and the overnight stays that result from the expenditures. This information shall be provided to the municipality by board members who are appointed under subd. 2. d. or 3. c.

SB505, s. 10 Section 10. 66.0615 (1m) (h) of the statutes is created to read:

SB505,8,17 66.0615 (1m) (h) 1. If no destination marketing organization provides services to a single municipality that imposes a room tax under par. (a), the municipality shall create a tourism committee to which it shall forward its room tax revenues. The tourism committee shall consist of 7 members. Members of the committee shall be appointed by the principal elected official in the municipality and shall be confirmed by a majority vote of the members of the municipality's governing body who are present when the vote is taken. Committee members shall serve for a one-year term, at the pleasure of the appointing official, and may be reappointed. Two of the committee members shall represent the hotel or motel industry. Three of the committee members shall represent tourism-related retailers, other than representatives of the hotel or motel industry. Two members shall be electors who reside in the municipality, and may be individuals who hold elective public office.

SB505,8,24 2. A tourism committee shall contract with a nonprofit tourism organization to provide tourism development and promotion services to the municipality, and shall forward to the organization all of the room tax revenues it receives from the municipality. One of the major purposes of the nonprofit tourism organization shall be to generate overnight stays in hotels or motels in the municipality. The nonprofit tourism organization shall be governed by a board. The governing board shall be composed of the following members:

SB505,8,25 a. At least 51 percent of the members shall represent tourism-related retailers.

SB505,9,2 b. At least 25 percent of the members shall be owners or operators of hotels or motels that collect the room tax in the municipality.

SB505,9,4 c. At least 20 percent of the members of the board shall be appointed by the principal elected official in the municipality.

SB505,9,6 3. The governing board of a nonprofit tourism organization described under subd. 2. shall do at least all of the following:

SB505,9,8 a. Meet regularly and, from among its members, elect a chairperson, vice chairperson, secretary, and treasurer.

SB505,9,10 b. Engage in activities that generate overnight stays in hotels or motels in the area.

SB505,9,16 c. Prepare, and provide to the tourism committee and to the municipality from which the room tax revenues are generated, at least annually, a complete accounting of the receipts, expenses, and expenditures of the board, and a report that correlates the expenditures of the board and the overnight stays that result from the expenditures. This information shall be provided to the committee and the municipality by board members who are appointed under subd. 2. c.

SB505, s. 11 Section 11. 66.0615 (4) of the statutes is created to read:

SB505,9,20 66.0615 (4) In any cause of action relating to the interpretation or applicability of this section, the court shall award the prevailing party the costs incurred in connection with the action, including attorney fees.

SB505, s. 12 Section 12. Nonstatutory provisions.

SB505,9,25 (1) Dissolution of a commission, transfer of assets and liabilities. If a commission under section 66.0615 (1) (ae) of the statutes, as affected by this act, is in existence on or after the effective date of this subsection, it shall wind up its affairs by transferring its assets and liabilities, and its existing contracts and programs, to a destination marketing organization or a tourism committee. Upon so winding up its affairs, the commission shall dissolve, and the dissolution shall take effect on March 31, 2005.

SB505, s. 13 Section 13. Initial applicability.

SB505,10,8 (1) This act first applies to room tax revenues that are collected on the effective date of this subsection, except that, if a municipality that collects a room tax on the effective date of this subsection, forwards its room tax revenue to a commission, this act first applies to room tax revenues that are collected on April 1, 2005.

SB505,10,9 (End)