HomeMy WebLinkAboutResolutions - 2004.03.04 - 27572REPORT (MISC. 104040) March 4, 2004
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: MR #04040 — BOARD OF COMMISSIONERS — SUPPORT FOR THE
REPEAL OF THE HOTEL/MOTEL OCCUPANCY TAX AND PUBLIC ACT 107
OF 1985
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution
#04040 on February 23, 2004, reports with a recommendation that the resolution be
amended, as follows:
/. Change the IN RE, as follows: BOARD OF COMMISSIONERS —
SUPPORT FOR THE REPEAL OF THE HOTEL/MOTEL OCCUPANCY
TAX AND PUBLIC ACT 107 OF 1985 STATE CONVENTION FACILITY
DEVELOPMENT ACT, 1985 PA 106, MCL 207.621 ET SEQ; AND
SECTION 1207 OF THE LIQUOR CONTROL CODE OF 1998, 1998 PA
58, MCL 436.2207
2. Change the 4' WHEREAS paragraph, as follows: WHEREAS Public Act
107 of 1g85 Section 1207 of the Liquor Control Code of 1998, 1998 PA
58, MCL 436.2207 imposes a 4% tax on al liquor sold for consumption in
the State; and
3. Change the 5th WHEREAS paragraph, as follows: WHEREAS .124,44Z the
State Convention Facility Development Act, 1985 PA 106, MCL
207.621 et seq; and section 1207 of the Liquor Control Code of 1998,
1998 PA 58, MCL 436.2207 requires the tax revenue to be placed in the
"Convention Facility Development Fund"; and
4. Change the NOW THEREFORE BE IT RESOLVED paragraph, as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners requests the Governor and the State Legislature to repeal
both the Hotel/Motel Occupancy Tax (State Convention Facility
Development Act, 1985 PA 106, MCL 207.621 et seq); and the 4% tax
of liquor sold for consumption, PA 107 of 198J (Section 1207 of the
Liquor Control Code of 1998, 1998 PA 58, MCL 436.2207).
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
General Government Committee Vote:
Motion carried on a roll call vote with Potter and Hatchett absent.
GENERAL GOVERNMENT COMMIEE
elLin 161Jt(4.1
MISCELLANEOUS RESOLUTION #04040
BY: Commissioners Peter H. Webster, District 418
IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR THE REPEAL OF THE
HOTEL/MOTEL OCCUPANCY TAX AND PUBLIC ACT 107 OF 1985
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS State law requires hotels and motels in the Detroit
Metropolitan Area, including Oakland County, to levy a Hotel Occupancy
Tax, the proceeds of which are used to fund Cobo Hall in the City of
Detroit, and
WHEREAS in FY 2000 this tax raised a total of $18.3 million in
the metropolitan area, and
WHEREAS Oakland County, having 40.6% of the hotel and motel rooms
subject to this tax provided an estimated $7.4 million of this annual
total, and
WHEREAS Public Act 107 of 1985 imposes a 4% tax on all liquor
sold for consumption in the state, and
WHEREAS PA 107 requires the tax revenue to be placed in the
"Convention Facility Development Fund", and
WHEREAS distribution of these funds are as follows:
1. First use of revenue must be to cover any portion of the
Cabo Hall debt not covered by the Hotel tax.
2. After the Cobo debt is covered, the 80 counties outside the
metropolitan Detroit area are reimbursed 100% of the tax
collected in their counties
3. The remaining balance after refunding the out state
counties is distributed among all 83 counties, and
WHEREAS since FY 2000 the Hotel tax proceeds have been sufficient
to cover the entire Cobo Hall debt, and
WHEREAS in FY 2002, alone, the statutory distribution formula
resulted in $3 million of liquor tax revenues collected in Oakland
County being sent to other counties.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners requests the Governor and the State Legislature to repeal
both the Hotel/Motel Occupancy Tax and the 4% tax of liquor sold for
consumption, PA 107 of 1935.
BE IT FURTHER RESOLVED that, in the event the taxes are not
repealed, the Oakland County Board of Commissioners, the Governor and
the State Legislature appropriate all tax proceeds raised in Oakland
County to Oakland County and its Cities, Villages, and Townships to
replace the lost revenue sharing appropriation taken by the State
Government.
BE IT FURTHER RESOLVED that copies of this resolution be
forwarded to all Oakland County members of the Michigan Legislature,
and Oakland County Cities, Villages, and Townships.
Chairperson, I move adoption of the foregoin9rresolution.
Peter E. 'Webster, DIst. #18
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4k-10
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Resolution #04040 February 5, 2004
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
G. William Caddell, County Clerk
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Resolution #04040 March 4, 2004
Moved by Patterson supported by Jamian the resolution be adopted.
Moved by Patterson supported by Wilson the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Long the resolution be amended to coincide with the recommendation
in the General Government Committee Report.
A sufficient majority having voted therefore, the motion carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Webster, Wilson, Bullard, Crawford, Douglas. (19)
NAYS: Hatchett, Suarez, Zack, Coleman, Coulter, Gregory. (6)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
00ES NOT OEM CORBY EXECUTIVE ACTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 4, 2004
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of th, County of Oakland at
Pontiac, Michigan this 4th day of March, 2004.