Bill Text: MI HB5378 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Taxation: convention tourism assessments; convention and tourism marketing act; modify program notice and referendum requirements. Amends secs. 3 & 3a of 1980 PA 395 (MCL 141.873 & 141.873a). TIE BAR WITH: HB 5377'21, HB 5379'21
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-10-12 - Bill Electronically Reproduced 10/07/2021 [HB5378 Detail]
Download: Michigan-2021-HB5378-Introduced.html
HOUSE BILL NO. 5378
A bill to amend 1980 PA 395, entitled
"Community convention or tourism marketing act,"
by amending sections 3 and 3a (MCL 141.873 and 141.873a), section 3 as amended by 2010 PA 283 and section 3a as amended by 1993 PA 224.
the people of the state of michigan enact:
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 subsection (8) or 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.post the marketing program notice on its website.
(8) An area may be included in a new marketing program notice filed under this act if it is part of an existing assessment district if the new marketing program notice provides 1 or more of the following:
(a) That the new marketing program notice is modifying an existing marketing program.
(b) That the new marketing program notice is adding additional transient facilities due to the change in the definition of a transient facility in the amendatory act that repealed section 9.
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 known owners of transient facilities in each municipality in the proposed assessment district. If an owner is not known to the bureau at the time of the referendum, that owner's vote shall not be tallied in favor of or against the referendum. For the purpose of the referendum, each owner shall have 1 vote for each room in an owner's transient facility.that they own in that assessment district.
(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.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5377 (request no. 02342'21).
(b) Senate Bill No.____ or House Bill No. 5379 (request no. 04487'21).
