Analysis

Topic: Renting Rooms to Minors - Hotels and Bed and Breakfasts
Sponsor: Representative Jason Allen
House Committee: House Health Policy
Senate Committee: Transportation and Tourism
Date Enrolled: October 4, 2001
Date of Analysis: October 9, 2001

Position: The Department of Consumer and Industry Services supports the bill.

Background: Some hotels and bed and breakfasts have adopted a policy of refusing to rent rooms to minors, partly due to the disturbances (damage repair and noise problems) associated with annual spring proms and graduations. Parents groups have also expressed concern about young people renting rooms for gatherings which involve underage drinking, etc.

The Michigan Hotel, Motel and Resort Association asserts that not only is there no statutory basis for refusing to rent a room to a minor, but that such a refusal is a violation of the state's civil rights law, which prohibits discrimination based on age, etc. Hence, legislation is needed to provide for a facility's ability to refuse to rent to a minor.

Description of Bill: The bill would create a new act which would allow a hotel or bed and breakfast to refuse to rent or lease a hotel room or a bed and breakfast room to a minor other than an emancipated minor. Further, a hotel or bed and breakfast may require that an individual provide documentary evidence confirming the age of an individual renting or leasing a hotel room or bed and breakfast room or documentary evidence of the emancipation of a minor. Such proofs include:

• Motor vehicle operator or chauffeur license.
• Federal Selective Service registration certificate.
• Marriage license.
• Other bona fide proof of age/identity of the individual or emancipation of the minor.

The bill would also require hotels and bed and breakfasts to comply with Section 146 of the Michigan Penal Code, which entitles all people in the State to full and equal accommodations and privileges at hotels, restaurants, and other public venues.

Arguments For: The bill would allow hotels and bed and breakfasts to establish their own policies regarding the allowance or refusal to rent rooms to minors (other than emancipated minors). Currently, no such statutory authority exists. Further, by referencing Section 146 of the Penal Code in the amended version of the bill, the bill ensures that people will not be discriminated against once they are serviced by these facilities, as well as at other venues.

Arguments Against: The bill is permissive instead of restrictive in that it allows a hotel or bed and breakfast to decide whether or not to rent a room to a minor. A restrictive law would mandate the refusal to rent rooms except in certain specified conditions or under clearly stated general rules.

Some people might argue that by making the bill permissive, hotel or bed and breakfast operators could refuse to rent a room based on subjectivity (i.e. appearance, attitude, etc.). Some people feel that mandating uniform policies for all hotels and bed and breakfast establishments might neutralize the potential for the discrimination which might otherwise occur if facilities are allowed to set their own (subjective) rules.

Supporters/Opponents:
The Michigan Hotel, Motel and Resort Association
Holiday Inn; Farmington Hills, MI
Super 8 Motel; West Branch, MI
Sleep Inn; Midland, MI
Holiday Inn; Midland, MI
Quality Inn; Paw Paw, MI
Village Inn; Mackinaw City, MI
Baymont Inn; Mackinaw City, MI

No opposition has been reported.

Fiscal Information: There is no fiscal impact on the Department.

Economic Impact: There is no economic impact associated with this rule.

Administrative Rule Impact: There is no impact on administrative rules.