The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6867 August 25, 1995 STATE OF MICHIGAN: Paying assessments under the Community Convention or Tourism Marketing Act The State of Michigan, as an owner of a facility that meets the Community Convention or Tourism Marketing Act's definition of a "transient facility" is not required to pay an assessment under that Act because the Act does not express an intention that it do so. Honorable Allen Lowe State Representative The Capitol Lansing, Michigan You have asked if the State of Michigan, as an owner of a facility that otherwise meets the definition of a "transient facility" under 1980 PA 395, the Community Convention or Tourism Marketing Act (Act), MCL 141.871 et seq; MSA 5.3194(381) et seq, is required to pay an assessment under that Act. Section 2(g) and (i) of the Act make it clear that the Legislature passed the statute to promote convention business and tourism within certain Michigan municipalities. Under sections 2(e), 3, 3a and 4, a qualifying non-profit corporation may establish a convention and tourism marketing program and impose an assessment upon owners of transient facilities in the assessment district to pay for implementing the marketing the assessment district shall be liable for payment of the assessment." Section 2(j) of the Act defines "owner" as follows: "Owner" means the owner of a transient facility to be served by the bureau or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. Section 2(m) of the Act defines "transient facility" as follows: "Transient facility" means a building or combination of buildings under common ownership, operation, or management which contains 10 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. Transient facility does not include a college or school dormitory, a hospital, a nursing home, or a facility owned and operated by an organization qualified for an exemption from federal taxation under section 501(c) of the internal revenue code. Michigan's appellate courts have consistently stated the rule of statutory construction that controls here; that the state and its agencies are not subject to a statute unless there is a clearly manifested intention to include them. Miller v Manistee County Bd of Road Comm'rs, 297 Mich 487, 490; 298 NW 105 (1941), Detroit v O'Connor, 302 Mich 531, 536; 5 NW2d 453 (1942), Marquette County v Northern Michigan University Bd of Control, 111 Mich App 521, 524; 314 NW2d 678 (1981). In addition, OAG, 1977-1978, No 5358, p 603 (September 6, 1978), concluded that in the absence of specific statutory authorization, a municipality may not impose special assessments against state-owned lands. Neither the state nor any of its agencies are expressly included within the definition of "owner" or "transient facility" in the Act. Research has not revealed anything in the legislative history of the Act, either as originally enacted or as later amended, to indicate that the Legislature intended to include state-owned land that meets the definition of a "transient facility" within the Act. It is my opinion, therefore, that the State of Michigan, as an owner of a facility that meets the Community Convention or Tourism Marketing Act's definition of a "transient facility" is not required to pay an assessment under that Act because the Act does not express an intention that it do so. Frank J. Kelley Attorney General