reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.873 - Marketing Program and Assessment District; Establishment; Marketing Program Notice; Filing; Contents; Exclusion; Excise or Other Tax; Copies of Notice; List of Owners.

141.873 Marketing program and assessment district; establishment; marketing program notice; filing; contents; exclusion; excise or other tax; copies of notice; list of owners.
Sec. 3.
(1) A bureau that intends to establish a marketing program and assessment district shall file a marketing program notice with the director. The marketing program notice shall state that the bureau proposes to create a marketing program under this act and cause an assessment to be collected from owners of transient facilities within the assessment district to pay the costs of the marketing program.
(2) The marketing program notice shall describe the structure, membership, and activities of the bureau.
(3) The marketing program notice shall describe the marketing program to be implemented by the bureau with the assessment revenues, specify the amount of the assessment proposed to be levied, which, except as provided in this subsection, shall not exceed 5% of the room charges in the applicable payment period, and describe the municipalities comprising the assessment district.
(4) Except as provided in section 10, an area shall not be included in the marketing program notice filed under this act and the assessment district specified in the notice if the area is part of an existing assessment district under this act for which a marketing program is in effect.
(5) If on the date of the mailing of the marketing program notice under this act an excise tax or other tax based on a room charge is not being collected, a municipality included in the marketing program notice shall not be subject to the collection of an excise tax imposed under 1974 PA 263, MCL 141.861 to 141.867, or another tax based on a room charge.
(6) If a part of a municipality is subject to an assessment under the convention and tourism marketing act, 1980 PA 383, MCL 141.881 to 141.889, that part of the municipality shall not be included in a marketing program notice or assessment district under this act.
(7) Simultaneously with the filing of the marketing program notice with the director, the bureau shall mail a copy of the notice, by registered or certified mail, to each owner of a transient facility located in the assessment district specified in the notice, in care of the respective transient facility. In assembling the list of owners to whom the notices shall be mailed, the bureau shall use any data that is reasonably available to the bureau.
History:
1980, Act 395, Imd. Eff. Jan. 7, 1981 ;-- Am. 1984, Act 59, Imd. Eff. Apr. 12, 1984 ;-- Am. 1989, Act 245, Imd. Eff. Dec. 21, 1989 ;-- Am. 1991, Act 92, Imd. Eff. July 31, 1991 ;-- Am. 1993, Act 224, Imd. Eff. Nov. 1, 1993 ;-- Am. 1996, Act 589, Imd. Eff. Jan. 21, 1997 ;-- Am. 2010, Act 283, Imd. Eff. Dec. 16, 2010
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.873a - Marketing Program; Approval or Disapproval; Referendum; Effective Date of Marketing Program and Assessment; Filing and Serving Another Marketing Program Notice.

141.873a Marketing program; approval or disapproval; referendum; effective date of marketing program and assessment; filing and serving another marketing program notice.
Sec. 3a.
(1) Within 30 days after a marketing program notice is filed, the director shall approve or disapprove the marketing program. The director shall not disapprove a marketing program unless the program violates this act.
(2) Within 40 days after approval of a marketing program, the director shall require a written referendum to be held by mail or in person, as determined by the director, among all owners of transient facilities in each municipality in the proposed assessment district. For the purpose of the referendum, each owner shall have 1 vote for each room in an owner's transient facility.
(3) The marketing program and assessment set forth in the notice shall become effective on the first day of the month that is more than 30 days after certification by the director that the program was approved by a majority of the votes actually cast in each municipality in the assessment district. If a majority of the votes actually cast in any municipality counted separately is not in favor of the program and assessment, the program and assessment shall not go into effect in the assessment district. However, for purposes of tabulating the votes in the referendum for a marketing program proposed on or after April 12, 1984, each municipality in the proposed assessment district requiring a majority of votes cast in favor of the proposed assessment district shall be defined in the marketing program notice required under section 3. A bureau may file and serve another marketing program notice not less than 60 days after certification of the results of a referendum.
History:
Add. 1984, Act 59, Imd. Eff. Apr. 12, 1984 ;-- Am. 1993, Act 224, Imd. Eff. Nov. 1, 1993
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.874 - Marketing Program; Contents.

141.874 Marketing program; contents.
Sec. 4.
A marketing program may include all or any of the following:
(a) Provisions for establishing and paying the costs of advertising, marketing, and promotional programs to encourage convention business or tourism in the assessment district.
(b) Provisions for assisting transient facilities within the assessment district in promoting convention business or tourism.
(c) Provisions for the acquisition of personal property considered appropriate by the bureau in furtherance of the purposes of the marketing program.
(d) Provisions for the hiring of and payment for personnel employed by the bureau to implement the marketing program.
(e) Provisions for contracting with organizations, agencies, or persons for carrying out activities in furtherance of the purposes of the marketing program.
(f) Programs for establishing and paying the costs of research designed to encourage convention business or tourism in the assessment district.
(g) Provisions for incurring any other expense or cost which the board, in the exercise of its reasonable business judgment, considers reasonably related to promotion of the convention business or tourism within the assessment district.
(h) Procedures for election of the board.
History:
1980, Act 395, Imd. Eff. Jan. 7, 1981 ;-- Am. 1984, Act 59, Imd. Eff. Apr. 12, 1984
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.876 - Assessment Revenues Not State Funds; Deposit and Disbursement; Financial Statements; Audit; Report; Copies; Failure of Bureau to Provide Copies; Penalty.

141.876 Assessment revenues not state funds; deposit and disbursement; financial statements; audit; report; copies; failure of bureau to provide copies; penalty.
Sec. 6.
(1) The assessment revenues collected pursuant to this act shall not be state funds. The money shall be deposited in a bank or other depository in this state, in the name of the bureau, and shall be disbursed only for the expenses properly incurred by the bureau with respect to the marketing programs developed by the bureau under this act.
(2) The financial statements of the bureau shall be audited at least annually by a certified public accountant. A copy of the audited financial statements shall be mailed to each owner not more than 150 days after the close of the bureau's fiscal year. The financial statements shall include a statement of all assessment revenues received by the bureau during the fiscal year in question and include the amount of compensation for the chief executive director of the bureau and shall be accompanied by a detailed report, certified as correct by the chief operating officer of the bureau, describing the marketing programs implemented or, to the extent then known, to be implemented by the bureau.
(3) Copies of the audited financial statements and the certified report shall simultaneously be mailed to the director, who shall make it available to the public on the internet. If the bureau fails to submit copies of the audited financial statements and the certified report to the director as provided in this subsection, the director or his or her designee shall mail a demand letter to the bureau requesting copies of the audited financial statements and the certified report with a copy of that demand letter forwarded to the attorney general. If the director or his or her designee does not receive copies of the audited financial statement and the certified report described in this subsection within 90 days of the demand letter, upon notice by the director or the attorney general, for the period of noncompliance with this subsection, the bureau shall not expend any portion of the assessment collected during the period of noncompliance with this subsection. The attorney general may assist the director in enforcing the provisions of this act.
(4) If the bureau fails to provide the copies of the audited financial statement and the certified report within 90 days of the demand letter as provided in subsection (3), the bureau is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $10,000.00 and, in addition, the attorney general may bring action to dissolve the bureau as provided by law.
History:
1980, Act 395, Imd. Eff. Jan. 7, 1981 ;-- Am. 2010, Act 283, Imd. Eff. Dec. 16, 2010
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.877 - Repealed. 1984, Act 59, Imd. Eff. Apr. 12, 1984.

141.877 Repealed. 1984, Act 59, Imd. Eff. Apr. 12, 1984.
Compiler's Notes:
The repealed section pertained to an advisory committee.
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.877a - Biannual Formal Meeting; Review Marketing Plan.

141.877a Biannual formal meeting; review marketing plan.
Sec. 7a.
The board at regular intervals, but not less than twice per year, shall convene a formal meeting at which the board shall review its current annual marketing plan and its proposed annual marketing plan for the succeeding 1-year period. Once a year at these formal meetings, the board shall review and either approve or reject the proposed annual marketing plan. Subject to section 7b, an approved annual marketing plan shall be instituted by the bureau. A rejected marketing plan shall not be instituted by the bureau.
History:
Add. 2018, Act 626, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.877b - Master Plan; Annual Meeting; Disapproval.

141.877b Master plan; annual meeting; disapproval.
Sec. 7b.
(1) The vice-president of the travel bureau and the president or chief administrative officer of the bureau shall meet periodically, but at least once each year, to discuss the master plan and the annual marketing plan approved by the board.
(2) The bureau and the travel bureau shall coordinate their marketing program activities and annual marketing plan activities with the master plan with a goal of maximizing the impact of tourism and convention business on the economy of this state.
(3) The director shall disapprove of the bureau's annual marketing plan within 30 days of the meeting provided for in subsection (1) upon finding that it is detrimental to the master plan or the travel bureau's promotional programs. The bureau shall not implement an annual marketing plan that is disapproved by the travel bureau. If the director does not disapprove of an annual marketing plan within the 30-day period, the annual marketing plan shall be considered approved and may be implemented by the bureau.
History:
Add. 2018, Act 626, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.878 - Discontinuance of Assessment; Referendum; Proposing New Marketing Program Notice; Failure to Adopt Resolution Discontinuing Assessment; Further Referendum.

141.878 Discontinuance of assessment; referendum; proposing new marketing program notice; failure to adopt resolution discontinuing assessment; further referendum.
Sec. 8.
(1) At any time 2 years or more after the effective date of an assessment, and upon the written request of owners of transient facilities located within an assessment district representing not less than 40% of the total number of owners or not less than 40% of the total number of rooms in all of the transient facilities in the assessment district, the bureau shall conduct a referendum on whether the assessment shall be discontinued. The bureau shall cause a written referendum to be held by mail or in person, as the bureau chooses, among all owners of transient facilities in the petitioning assessment district within 60 days of the receipt of the requests. For the purposes of the referendum, each owner shall have 1 vote for each room in each of the owner's transient facilities within the petitioning assessment district. If a majority of the votes actually cast at the referendum for the assessment district supports discontinuance of the assessment, the assessment shall be discontinued for that area or county on the first day of the month following expiration of 60 days after the certification of the results of the referendum by the bureau.
(2) Passage of a resolution discontinuing the assessment shall not prevent a bureau from proposing a new marketing program notice during or after the 60-day period, in which case the procedures set forth in section 3 shall be followed.
(3) If a referendum is conducted under subsection (1) and if a resolution to discontinue the assessment is not adopted, a further referendum on the discontinuation of that assessment for the assessment district for which the referendum was held shall not be held for a period of 2 years.
History:
1980, Act 395, Imd. Eff. Jan. 7, 1981 ;-- Am. 1984, Act 59, Imd. Eff. Apr. 12, 1984
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.879 - Building or Combination of Buildings With Less Than 10 Rooms; Agreement to Be Subject to Assessment; Participation in Marketing Program; Duration of Assessment.

141.879 Building or combination of buildings with less than 10 rooms; agreement to be subject to assessment; participation in marketing program; duration of assessment.
Sec. 9.
(1) The owner of a building or combination of buildings, which is within an assessment district, has less than 10 rooms, and otherwise meets the definition of transient facility, may agree in writing to be subject to the assessment. If an owner agrees to be subject to the assessment, the building or combination of buildings shall be considered a transient facility for the purposes of this act. The owner and transient facility shall participate in the marketing program for that assessment district.
(2) A building or combination of buildings which becomes a transient facility under this section shall remain subject to the assessment unless the assessment is discontinued as provided in section 8.
History:
Add. 1984, Act 59, Imd. Eff. Apr. 12, 1984
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 395 of 1980 - Community Convention or Tourism Marketing Act (141.871 - 141.880) › Section 141.880 - Existing Assessment District and Marketing Program.

141.880 Existing assessment district and marketing program.
Sec. 10.
An assessment district and marketing program under this act which is in effect before the effective date of this section shall remain in effect for 365 days after the effective date of this section or until a new marketing program and assessment district, which includes any portion of an existing assessment district and which is established under this act, becomes effective, whichever is sooner.
History:
Add. 1984, Act 59, Imd. Eff. Apr. 12, 1984
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.881 - Short Title.

141.881 Short title.
Sec. 1.
This act shall be known and may be cited as the "convention and tourism marketing act".
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.881a - Legislative Findings.

141.881a Legislative findings.
Sec. 1a.
(1) The legislature finds all of the following:
(a) Tourism is a major source of employment, income, and tax revenues in this state, and the expansion of the tourism industry is vital to the growth of the state's economy.
(b) The tourism industry is important to this state, not only because of the number of people it serves and the vast human, financial, and physical resources it employs, but because of the benefits tourism and related activities confer on individuals and on society as a whole.
(c) State oversight and resources are needed to implement a coordinated and effective marketing program consistent with the master plan developed by this state to promote travel to, and within, this state under the Michigan tourism policy act, 1945 PA 106, MCL 2.101 to 2.103a, and to optimize the considerable investment of time, energy, capital, and resources being made by the tourism industry.
(d) This state can best undertake effective tourism marketing through the coordinated efforts of existing state government agencies in tourism promotion and private convention and tourism promotional bureaus who are better able than state agencies to market and promote their unique assessment districts, which will maximize the economic and employment benefits of the tourism industry to this state and its citizens.
(e) The coordinated efforts within this act to market and promote tourism represent a broader regulator scheme that does not impinge on an individual's First Amendment rights.
(2) Nothing in this act shall be construed to do 1 or more of the following:
(a) Restrain an owner or participant from communicating its own message or marketing plan.
(b) Require any owner or participant to adopt any actual or symbolic speech.
(c) Endorse or finance any political speech or ideological view.
History:
Add. 2018, Act 625, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.884 - Marketing Program; Contents.

141.884 Marketing program; contents.
Sec. 4.
A marketing program may include all or any of the following:
(a) Provisions for establishing and paying the costs of advertising, marketing, and promotional programs to encourage convention business and tourism in the assessment district.
(b) Provisions for assisting transient facilities within the assessment district in promoting convention business and tourism.
(c) Provisions for the acquisition of personal property considered appropriate by the bureau in furtherance of the purposes of the marketing program.
(d) Provisions for the hiring of and payment for personnel employed by the bureau to implement the marketing program.
(e) Provisions for contracting with organizations, agencies, or persons for carrying out activities in furtherance of the purposes of the marketing program.
(f) Programs for establishing and paying the costs of research designed to encourage convention business and tourism in the assessment district.
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.885 - Assessment; Payment; Statement of Room Charges; Reimbursement From Room Charges; Verification and Audit of Owner's Assessment Payments; State Use Tax Returns; Unpaid Assessments; Interest and Delinquency Charges; Suit to Collect; Notice.

141.885 Assessment; payment; statement of room charges; reimbursement from room charges; verification and audit of owner's assessment payments; state use tax returns; unpaid assessments; interest and delinquency charges; suit to collect; notice.
Sec. 5.
(1) Upon the effective date of an assessment, each owner of a transient facility in the assessment district shall be liable for payment of the assessment, computed using the percentage set forth in the marketing program notice. The assessment shall be paid by the owner of each such transient facility to the bureau within 30 days after the end of each calendar month, and shall be accompanied by a statement of room charges imposed with respect to the transient facility for that month. This act shall not prohibit a transient facility from reimbursing itself by adding the assessment imposed pursuant to this act to room charges payable by transient guests, provided the transient facility discloses that it has done so on any bill presented to a transient guest.
(2) Within 30 days after the close of each calendar quarter, each owner within an assessment district shall forward to the independent certified public accountants who audit the financial statements of the bureau, copies of its state use tax returns for the preceding quarter. These copies of the state use tax returns shall be used solely by the certified public accountants to verify and audit the owner's payment of the assessments, and shall not be disclosed to the bureau except as necessary to enforce this act.
(3) Interest shall be paid by an owner to the bureau on any assessments not paid within the time called for under this act. The interest shall accrue at the rate of 1.5% per month. Owners delinquent for more than 90 days in paying assessments, in addition to the 1.5% interest, shall pay a delinquency charge of 10% per month or fraction of a month on the amount of the delinquent assessments. The bureau may sue in its own name to collect the assessments, interest, and delinquency charges.
(4) The owner of a transient facility shall not be liable for payment of an assessment until a notice has been mailed to the transient facility of the owner pursuant to section 3(4).
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.886 - Assessment Revenues Not State Funds; Deposit and Disbursement; Financial Statements; Audit; Report; Copies.

141.886 Assessment revenues not state funds; deposit and disbursement; financial statements; audit; report; copies.
Sec. 6.
(1) The assessment revenues collected pursuant to this act shall not be state funds. The money shall be deposited in a bank or other depository in this state, in the name of the bureau, and disbursed only for the expenses properly incurred by the bureau with respect to the marketing programs developed by the bureau under this act.
(2) The financial statements of the bureau shall be audited at least annually by a certified public accountant. A copy of the audited financial statements shall be mailed to each owner not more than 150 days after the close of the bureau's fiscal year. The financial statements shall include a statement of all assessment revenues received by the bureau during the fiscal year in question and shall be accompanied by a detailed report, certified as correct by the chief operating officer of the bureau, describing the marketing programs implemented or, to the extent then known, to be implemented by the bureau.
(3) Copies of the audited financial statements and the certified report shall simultaneously be mailed to the director.
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.887 - Advisory Committee; Election and Terms of Members; Formal Meetings; Review of Proposed Marketing Program; Approval or Rejection; Recommendations; Board of Directors.

141.887 Advisory committee; election and terms of members; formal meetings; review of proposed marketing program; approval or rejection; recommendations; board of directors.
Sec. 7.
(1) Upon the effective date of the establishment of an assessment under this act, the bureau shall cause an advisory committee to be elected consisting of representatives of the owners of transient facilities located within the assessment district, together with the director or the director's designated representative.
(2) The advisory committee shall consist of not less than 9 nor more than 15 persons, at least 1 of whom shall not be affiliated with a bureau member. The advisory committee shall include at least 3 persons from each county within the assessment district. Procedures for the election and terms of the office of the members of the advisory committee shall be established by the bureau.
(3) The bureau at regular intervals, but not less than quarterly, shall cause a formal meeting of the advisory committee to be held at which the bureau shall present its current and proposed marketing programs. At these formal meetings the advisory committee shall review and either approve or reject any proposed marketing programs. Subject to sections 7a and 7b, an approved marketing program shall be instituted by the bureau. A rejected marketing program shall not be instituted by the bureau.
(4) The advisory committee may make recommendations to the bureau and the board from time to time with respect to current or proposed marketing programs.
(5) The bureau shall cause to be elected to its board of directors, from the members of the advisory committee, 1 person from each of the counties within the assessment district.
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981 ;-- Am. 2018, Act 625, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.887a - Biannual Formal Meeting; Review Marketing Plan.

141.887a Biannual formal meeting; review marketing plan.
Sec. 7a.
The board at regular intervals, but not less than twice per year, shall convene a formal meeting at which the board shall review its current annual marketing plan and its proposed annual marketing plan for the succeeding 1-year period. Once a year at these formal meetings, the board shall review and either approve or reject the proposed annual marketing plan. Subject to section 7b, an approved annual marketing plan shall be instituted by the bureau. A rejected marketing plan shall not be instituted by the bureau.
History:
Add. 2018, Act 625, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.887b - Master Plan; Annual Meeting; Disapproval.

141.887b Master plan; annual meeting; disapproval.
Sec. 7b.
(1) The vice-president of the travel bureau and the president or chief administrative officer of the bureau shall meet periodically, but at least once each year, to discuss the master plan and the annual marketing plan approved by the board.
(2) The bureau and the travel bureau shall coordinate their marketing program activities and annual marketing plan activities with the master plan with a goal of maximizing the impact of tourism and convention business on the economy of this state.
(3) The director shall disapprove of the bureau's annual marketing plan within 30 days of the meeting provided for in subsection (1) upon finding that it is detrimental to the master plan or the travel bureau's promotional programs. The bureau shall not implement an annual marketing plan that is disapproved by the travel bureau. If the director does not disapprove of an annual marketing plan within the 30-day period, the annual marketing plan shall be considered approved and may be implemented by the bureau.
History:
Add. 2018, Act 625, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.888 - Discontinuance of Assessment; Referendum; Proposing New Marketing Program Notice; Failure to Adopt Resolution Discontinuing Assessment; Further Referendum.

141.888 Discontinuance of assessment; referendum; proposing new marketing program notice; failure to adopt resolution discontinuing assessment; further referendum.
Sec. 8.
(1) At any time 2 years or more after the effective date of an assessment, and upon the written request of owners of transient facilities located within the assessment district representing not less than 40% of the total number of owners or not less than 40% of the total number of rooms in all the transient facilities, the bureau shall conduct a referendum on whether the assessment shall be discontinued. The bureau shall cause a written referendum to be held by mail or in person, as the bureau chooses, among all owners of transient facilities in the assessment district within 60 days of the receipt of the requests. For the purposes of the referendum, each owner shall have 1 vote for each room in each of the owner's transient facilities within the assessment district. If a majority of the total votes eligible to be cast at the referendum supports discontinuance of the assessment, the assessment shall be discontinued on the first day of the month following expiration of 90 days after the certification of the results of the referendum by the bureau.
(2) Passage of a resolution discontinuing the assessment shall not prevent a bureau from proposing a new marketing program notice during or after the 90-day period, in which case the procedures set forth in section 3 shall be followed.
(3) If a referendum is conducted under subsection (1), and if a resolution to discontinue the assessment is not adopted, a further referendum on the discontinuation of that assessment shall not be held for a period of 2 years.
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 383 of 1980 - Convention and Tourism Marketing Act (141.881 - 141.889) › Section 141.889 - Effective Date.

141.889 Effective date.
Sec. 9.
This act shall take effect January 1, 1981.
History:
1980, Act 383, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.891 - Short Title.

141.891 Short title.
Sec. 1.
This act shall be known and may be cited as the "regional tourism marketing act".
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.891a - Legislative Findings.

141.891a Legislative findings.
Sec. 1a.
(1) The legislature finds all of the following:
(a) Tourism is a major source of employment, income, and tax revenues in this state, and the expansion of the tourism industry is vital to the growth of this state's economy.
(b) The tourism industry is important to this state, not only because of the number of people it serves and the vast human, financial, and physical resources it employs, but because of the benefits tourism and related activities confer on individuals and on society as a whole.
(c) State oversight and resources are needed to implement a coordinated and effective marketing program consistent with the master plan developed by this state to promote travel to, and within, this state under the Michigan tourism policy act, 1945 PA 106, MCL 2.101 to 2.103a, and to optimize the considerable investment of time, energy, capital, and resources being made by the tourism industry.
(d) This state can best undertake effective tourism marketing through the coordinated efforts of existing state government agencies in tourism promotion and private convention and tourism promotional bureaus who are better able than state agencies to market and promote their unique assessment districts, which will maximize the economic and employment benefits of the tourism industry to this state and its citizens.
(e) The coordinated efforts within this act to market and promote tourism represent a broader regulator scheme that does not impinge on an individual's First Amendment rights.
(2) Nothing in this act shall be construed to do 1 or more of the following:
(a) Restrain an owner or participant from communicating its own message or marketing plan.
(b) Require any owner or participant to adopt any actual or symbolic speech.
(c) Endorse or finance any political speech or ideological view.
History:
Add. 2018, Act 466, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.893 - Tourism Marketing Program Notice; Filing; Contents; Copies; List of Transient Facilities.

141.893 Tourism marketing program notice; filing; contents; copies; list of transient facilities.
Sec. 3.
(1) In order to establish a tourism marketing program within a regional assessment district, a regional marketing organization shall file a tourism marketing program notice with the director.
(2) The tourism marketing program notice shall contain all of the following:
(a) A statement that the regional marketing association proposes to create a tourism marketing program under this act.
(b) A statement that the regional marketing association proposes to levy and collect an assessment from owners to pay the costs of the tourism marketing program.
(c) A description of the structure, membership, and activities of the regional marketing organization, including a statement that the regional marketing organization is governed by a board and that a majority of the members of the board are owners. The description shall include the business name and address of the person designated by the regional marketing organization to receive the payment of assessments under section 6 and the independent certified public accountants who audit the financial statements of the regional marketing organization.
(d) A description of the tourism marketing program to be implemented by the regional marketing organization with the assessment revenues.
(e) A statement specifying the amount of the assessment proposed to be levied. The assessment shall not exceed 1% of the room charges in the applicable payment period.
(f) A list of the counties comprising the regional assessment district.
(g) Other information considered necessary by the director.
(3) On the same day the tourism marketing program notice is filed under subsection (1), the regional marketing organization shall mail a copy of the tourism marketing program notice to each owner of a transient facility located in the regional assessment district. The tourism marketing program notice shall be mailed by registered or certified mail to the owner at the last known address of the transient facility. The regional marketing organization shall use any information that is reasonably available to the regional marketing organization to establish the list of all transient facilities within the regional assessment district.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.894 - Tourism Marketing Program; Approval or Disapproval; Written Referendum; Effective Date; Failure of Referendum.

141.894 Tourism marketing program; approval or disapproval; written referendum; effective date; failure of referendum.
Sec. 4.
(1) The director shall approve or disapprove a tourism marketing program within 30 days after a tourism marketing program notice is filed. The director shall not disapprove a tourism marketing program unless the tourism marketing program violates this act.
(2) Within 40 days after approval of a tourism marketing program under subsection (1), the director shall conduct among all owners a written referendum by mail on whether the tourism marketing program should be approved. For the purpose of the referendum and except as provided in section 9, each owner has 1 vote for each room in the owner's transient facility.
(3) If the tourism marketing program is approved by a majority of the votes actually cast in the regional assessment district, the tourism marketing program and assessment set forth in the tourism marketing program notice become effective on the first day of the month that is more than 30 days after certification by the director of the results of the referendum. A regional marketing organization may file and serve another tourism marketing program notice under section 3 no sooner than 1 year after certification by the director of the results of a referendum if the referendum failed.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.895 - Tourism Marketing Program; Scope.

141.895 Tourism marketing program; scope.
Sec. 5.
A tourism marketing program may include 1 or more of the following:
(a) A provision for establishing and paying the costs of advertising, marketing, and promotional programs to encourage tourism in the regional assessment district.
(b) A provision for assisting a transient facility within the regional assessment district to promote tourism.
(c) A provision for the acquisition of personal property considered appropriate by the regional marketing organization to achieve the purpose of the tourism marketing program.
(d) A provision for the hiring of and payment for personnel employed by the regional marketing organization to implement the tourism marketing program.
(e) A provision for contracting with organizations, agencies, or persons to carry out activities to achieve the purpose of the tourism marketing program.
(f) A program to establish and pay for the costs of research designed to encourage tourism in the regional assessment district.
(g) A provision to incur any other expense or cost that the board, in the exercise of its reasonable business judgment, considers reasonably related to the promotion of tourism within the regional assessment district.
(h) A procedure for election of the board that requires that a majority of the members of the board are owners.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.897 - Disposition of Assessment Revenues; Financial Statements; Certified Report; Copies.

141.897 Disposition of assessment revenues; financial statements; certified report; copies.
Sec. 7.
(1) The assessment revenues collected under this act are not state funds. The regional marketing organization shall deposit assessment revenues collected under this act in a bank or other depository in this state in the name of the regional marketing organization. The assessment revenues shall be disbursed only for the expenses properly incurred by the regional marketing organization with respect to the tourism marketing program developed by the regional marketing organization under this act.
(2) The financial statements of the regional marketing organization shall be audited at least annually by an independent certified public accountant. The regional marketing organization shall mail a copy of the audited financial statements to each owner 150 days or less after the close of the regional marketing organization's fiscal year. The financial statements shall include a statement of all assessment revenues received by the regional marketing organization during the fiscal year and shall be accompanied by a detailed report, certified as correct by the chief operating officer of the regional marketing organization, describing the tourism marketing programs implemented or, to the extent then known, to be implemented by the regional marketing organization.
(3) On the same day copies of the audited financial statements and certified report are mailed under subsection (2), the regional marketing organization shall file a copy of the audited financial statements and certified report with the director.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.897a - Board Meeting; Annual Marketing Plan.

141.897a Board meeting; annual marketing plan.
Sec. 7a.
The board at regular intervals, but not less than twice per year, shall convene a formal meeting at which the board shall review its current annual marketing plan and its proposed annual marketing plan for the succeeding 1-year period. Once a year at these formal meetings, the board shall review and either approve or reject the proposed annual marketing plan. Subject to section 7b, an approved annual marketing plan shall be instituted by the regional marketing organization. A rejected marketing plan shall not be instituted by the regional marketing organization.
History:
Add. 2018, Act 466, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.897b - Master Plan; Travel Bureau; Disapproval of Annual Marketing Plan.

141.897b Master plan; travel bureau; disapproval of annual marketing plan.
Sec. 7b.
(1) The vice-president of the travel bureau and the president or chief administrative officer of the regional marketing organization shall meet periodically, but at least once each year, to discuss the master plan and the annual marketing plan approved by the board.
(2) The regional marketing organization and the travel bureau shall coordinate their marketing program activities and annual marketing plan activities with the master plan with a goal of maximizing the impact of tourism and convention business on the economy of this state.
(3) The director shall disapprove of the regional marketing organization's annual marketing plan within 30 days of the meeting provided for in subsection (1) upon finding that it is detrimental to the master plan or the travel bureau's promotional programs. The regional marketing organization shall not implement an annual marketing plan that is disapproved by the travel bureau. If the director does not disapprove of an annual marketing plan within the 30-day period, the annual marketing plan shall be considered approved and may be implemented by the regional marketing organization.
History:
Add. 2018, Act 466, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.898 - Discontinuance of Assessment; Referendum.

141.898 Discontinuance of assessment; referendum.
Sec. 8.
(1) A regional marketing organization shall conduct a referendum on whether an assessment levied under a tourism marketing program shall be discontinued if both of the following requirements are met:
(a) The tourism marketing program levying the assessment has been in effect for 2 years or more.
(b) Forty percent or more of the total number of owners in the regional assessment district, or owners representing 40% or more of the total number of rooms in transient facilities within the regional assessment district, file with the regional marketing organization a written request for a referendum under this section.
(2) The regional marketing organization shall conduct a written referendum, by mail or in person, among all owners within 60 days after receipt of the written request for a referendum under subsection (1). For the purpose of the referendum, each owner has 1 vote for each room in the owner's transient facility.
(3) If a majority of the votes actually cast at the referendum approves the discontinuance of the assessment, the assessment under a tourism marketing program shall be discontinued on the first day of the month that is more than 60 days after certification by the regional marketing organization of the results of the referendum.
(4) The discontinuance of an assessment under this section does not prevent a regional marketing organization from filing and serving a new tourism marketing program notice under section 3 during or after the 60-day period under subsection (3).
(5) If a referendum held under this section does not result in the discontinuance of the assessment under a tourism marketing program, a further referendum on the discontinuance of that assessment shall not be held until the expiration of 1 year after the date of the referendum under this section.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.899 - Building or Combination of Buildings; Agreement to Be Subject to Tourism Marketing Program; Assessment.

141.899 Building or combination of buildings; agreement to be subject to tourism marketing program; assessment.
Sec. 9.
(1) An owner of a building or combination of buildings that is within a regional assessment district, that has less than 10 rooms or is located within 1 mile of a ski lift, and that otherwise meets the definition of a transient facility under this act may agree in writing to be subject to a tourism marketing program under this act. If an owner of a building or combination of buildings agrees to be subject to the tourism marketing program, the building or combination of buildings is considered a transient facility for the purposes of this act. The owner of the building or combination of buildings is considered an owner for the purposes of this act except that the owner is not eligible to vote in the referendum on the tourism marketing program. The owner shall otherwise participate in the tourism marketing program for that regional assessment district.
(2) A building or combination of buildings that is considered a transient facility under subsection (1) shall remain subject to an assessment imposed under this act until the assessment is discontinued as provided in section 8.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989
2023 Michigan Compiled Laws › Chapter 141 - Municipal Financing › Act 244 of 1989 - Regional Tourism Marketing Act (141.891 - 141.900) › Section 141.900 - Effect of Assessment or Tax Based on Room Charge.

141.900 Effect of assessment or tax based on room charge.
Sec. 10.
A regional marketing organization is not prohibited from levying an assessment under this act because an assessment or tax based on a room charge under another law of this state is or may be levied on a transient facility.
History:
1989, Act 244, Imd. Eff. Dec. 21, 1989