Michigan Laws 141.898 – Discontinuance of assessment; referendum
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(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.
Terms Used In Michigan Laws 141.898
- Assessment: means the amount levied against an owner under this act. See Michigan Laws 141.892
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Owner: means the owner of a transient facility that is located within the regional assessment district 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. See Michigan Laws 141.892
- Regional assessment district: means a region of this state composed of a number of counties in which a regional marketing organization operates. See Michigan Laws 141.892
- Regional marketing organization: means a nonprofit corporation that promotes tourism within a region of this state. See Michigan Laws 141.892
- Room: means a room or other space provided for sleeping that can be rented independently, including the furnishings and other accessories in the room. See Michigan Laws 141.892
- Tourism marketing program: means a program established by a regional marketing organization to develop, encourage, solicit, and promote tourism within a region of this state. See Michigan Laws 141.892
- Tourism marketing program notice: means the notice described in section 3. See Michigan Laws 141.892
- Transient facility: means a building or combination of buildings under common ownership, operation, or management that 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. See Michigan Laws 141.892
(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.