Massachusetts General Laws ch. 40X sec. 1 – Definitions
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
Terms Used In Massachusetts General Laws ch. 40X sec. 1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
”Commissioner”, the commissioner of revenue.
”Elector”, a tourism destination marketing district member or the authorized representative of a district member.
”Lead jurisdiction”, the city or town in which the tourism destination marketing district petition is filed.
”Lodging business”, any hotel or motel, as defined in section 1 of chapter 64G, and subject to the excise imposed by chapter 64G.
”Lodging business owner”, the owner of record or the owner’s authorized representative, of a lodging business.
”Management entity”, an entity designated in a tourism destination marketing district plan to receive funds to carry out and implement the purposes of the tourism destination marketing district. The tourism destination marketing district plan shall designate a regional tourism council as the management entity. The management entity shall be required to furnish a surety bond conditioned on the faithful performance of its duties.
”Municipal governing body”, the city council or board of aldermen in a city or the board of selectmen or town council in a town.
”Special assessment”, a payment for supplemental services or improvements specified by the tourism destination marketing district plan.
”Special assessment formula”, a formula used to calculate the special assessment pursuant to section 7.
”Standard government services”, governmental functions, programs, activities, facilities, improvements and other services that a municipality is authorized to perform or provide.
”Supplemental services”, the provision of programs, activities or information in addition to the standard governmental services provided in the tourism destination marketing district, including, marketing, sales activities or events in addition to other tourism and travel promotion activities.
”Tourism destination marketing district”, a district formed pursuant to this chapter, which is a geographic area with clearly defined boundaries. A tourism destination marketing district may include multiple tourism regions served by multiple regional tourism councils; provided, however, that there shall only be 1 regional tourism council designated as the management entity for each tourism destination marketing district. Only those lodging businesses meeting the criteria described in the petition and tourism destination marketing district plan shall be liable for the tourism destination marketing district’s special assessment. The geographic regions within a tourism destination marketing district need not be contiguous.
”Tourism destination marketing district committee” or ”district committee”, a committee selected by the management entity’s board of directors responsible for overseeing the ongoing district plan.
”Tourism destination marketing district member” or ”district member”, a lodging business owner who participates in a tourism destination marketing district.
”Tourism destination marketing district plan” or ”district plan”, the strategic plan for the tourism destination marketing district that sets forth the supplemental services and programs, budget and special assessment structure, the criteria for inclusion of lodging businesses, and the management entity and tourism destination marketing district committee for the tourism destination marketing district, and is approved by the local municipal governing body as part of the creation of the tourism destination marketing district. The updated tourism destination marketing district plan shall take effect upon the approval of a majority of electors, with each elector’s vote having the same weight. Any amendment to the tourism destination marketing district plan under section 9 shall be deemed to be an update of the tourism destination marketing district plan.