Bill Text: MI HB4028 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Vehicles; registration; optional county registration fee to benefit public transit; create. Amends sec. 801 of 1949 PA 300 (MCL 257.801) & adds sec. 801k.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4028 Detail]
Download: Michigan-2013-HB4028-Introduced.html
HOUSE BILL No. 4028
January 22, 2013, Introduced by Rep. Geiss and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 801 (MCL 257.801), as amended by 2011 PA 159,
and by adding section 801k.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 801. (1) The secretary of state shall collect the
2 following taxes at the time of registering a vehicle, which shall
3 exempt the vehicle from all other state and local taxation,
4 except the fees and taxes provided by law to be paid by certain
5 carriers operating motor vehicles and trailers under the motor
6 carrier act, 1933 PA 254, MCL 475.1 to 479.43; except the taxes
7 imposed by the motor carrier fuel tax act, 1980 PA 119, MCL
8 207.211 to 207.234; and except as otherwise provided by this act:
9 (a) For a motor vehicle, including a motor home, except as
1 otherwise provided, and a pickup truck or van that weighs not
2 more than 8,000 pounds or less,
except as otherwise provided,
3 according to the following schedule of empty weights:
4 Empty weights Tax
5 0 to 3,000 pounds..................................$ 29.00
6 3,001 to 3,500 pounds.............................. 32.00
7 3,501 to 4,000 pounds.............................. 37.00
8 4,001 to 4,500 pounds.............................. 43.00
9 4,501 to 5,000 pounds.............................. 47.00
10 5,001 to 5,500 pounds.............................. 52.00
11 5,501 to 6,000 pounds.............................. 57.00
12 6,001 to 6,500 pounds.............................. 62.00
13 6,501 to 7,000 pounds.............................. 67.00
14 7,001 to 7,500 pounds.............................. 71.00
15 7,501 to 8,000 pounds.............................. 77.00
16 8,001 to 8,500 pounds.............................. 81.00
17 8,501 to 9,000 pounds.............................. 86.00
18 9,001 to 9,500 pounds.............................. 91.00
19 9,501 to 10,000 pounds............................. 95.00
20 over 10,000 pounds.....................$ 0.90 per 100 pounds
21 of empty weight
22 On October 1, 1983, and October 1, 1984, the tax assessed
23 under this subdivision shall be annually revised for the
24 registrations expiring on the appropriate October 1 or after that
25 date by multiplying the tax assessed in the preceding fiscal year
26 times the personal income of Michigan for the preceding calendar
27 year divided by the personal income of Michigan for the calendar
28 year that preceded that calendar year. In performing the
1 calculations under this subdivision, the secretary of state shall
2 use the spring preliminary report of the United States department
3 of commerce or its successor agency. A van that is owned by an
4 individual who uses a wheelchair or by an individual who
5 transports a member of his or her household who uses a wheelchair
6 and for which registration plates are issued under section 803d
7 shall be assessed at the rate of 50% of the tax provided for in
8 this subdivision.
9 (b) For a trailer coach attached to a motor vehicle, the tax
10 shall be assessed as provided in subdivision (l). A trailer coach
11 that is not subject to taxation under 1959 PA 243, MCL 125.1035
12 to 125.1043, and while located on land otherwise assessable as
13 real property under the general property tax act, 1893 PA 206,
14 MCL 211.1 to 211.155, if the trailer coach is used as a place of
15 habitation, and whether or not permanently affixed to the soil,
16 is not exempt from real property taxes if the trailer coach is
17 used as a place of habitation, whether or not it is permanently
18 affixed to the soil.
19 (c) For a road tractor, truck, or truck tractor owned by a
20 farmer and used exclusively in connection with a farming
21 operation, including a farmer hauling livestock or farm equipment
22 for other farmers for remuneration in kind or in labor, but not
23 for money, or used for the transportation of the farmer and the
24 farmer's family, and not used for hire, 74 cents per 100 pounds
25 of empty weight of the road tractor, truck, or truck tractor. If
26 the road tractor, truck, or truck tractor owned by a farmer is
27 also used for a nonfarming operation, the farmer is subject to
1 the highest registration tax applicable to the nonfarm use of the
2 vehicle but is not subject to more than 1 tax rate under this
3 act.
4 (d) For a road tractor, truck, or truck tractor owned by a
5 wood harvester and used exclusively in connection with the wood
6 harvesting operations or a truck used exclusively to haul milk
7 from the farm to the first point of delivery, 74 cents per 100
8 pounds of empty weight of the road tractor, truck, or truck
9 tractor. A registration secured by payment of the tax prescribed
10 in this subdivision continues in full force and effect until the
11 regular expiration date of the registration. As used in this
12 subdivision:
13 (i) "Wood
harvester" includes the a
person or persons hauling
14 and transporting raw materials in the form produced at the
15 harvest site or hauling and transporting wood harvesting
16 equipment. Wood harvester does not include a person or persons
17 whose primary activity is tree-trimming or landscaping.
18 (ii) "Wood harvesting equipment" includes all of the
19 following:
20 (A) A vehicle that directly harvests logs or timber,
21 including, but not limited to, a processor or a feller buncher.
22 (B) A vehicle that directly processes harvested logs or
23 timber, including, but not limited to, a slasher, delimber,
24 processor, chipper, or saw table.
25 (C) A vehicle that directly processes harvested logs or
26 timber, including, but not limited to, a forwarder, grapple
27 skidder, or cable skidder.
1 (D) A vehicle that directly loads harvested logs or timber,
2 including, but not limited to, a knuckle-boom loader, front-end
3 loader, or forklift.
4 (E) A bulldozer or road grader being transported to a wood
5 harvesting site specifically for the purpose of building or
6 maintaining harvest site roads.
7 (iii) "Wood harvesting operations" does not include the
8 transportation of processed lumber, Christmas trees, or processed
9 firewood for a profit making venture.
10 (e) For a hearse or ambulance used exclusively by a licensed
11 funeral director in the general conduct of the licensee's funeral
12 business, including a hearse or ambulance whose owner is engaged
13 in the business of leasing or renting the hearse or ambulance to
14 others, $1.17 per 100 pounds of the empty weight of the hearse or
15 ambulance.
16 (f) For a vehicle owned and operated by this state, a state
17 institution, a municipality, a privately incorporated, nonprofit
18 volunteer fire department, or a nonpublic, nonprofit college or
19 university, $5.00 per plate. A registration plate issued under
20 this subdivision expires on June 30 of the year in which new
21 registration plates are reissued for all vehicles by the
22 secretary of state.
23 (g) For a bus including a station wagon, carryall, or
24 similarly constructed vehicle owned and operated by a nonprofit
25 parents' transportation corporation used for school purposes,
26 parochial school or society, church Sunday school, or any other
27 grammar school, or by a nonprofit youth organization or nonprofit
1 rehabilitation facility; or a motor vehicle owned and operated by
2 a senior citizen center, $10.00, if the bus, station wagon,
3 carryall, or similarly constructed vehicle or motor vehicle is
4 designated by proper signs showing the organization operating the
5 vehicle.
6 (h) For a vehicle owned by a nonprofit organization and used
7 to transport equipment for providing dialysis treatment to
8 children at camp; for a vehicle owned by the civil air patrol, as
9 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
10 vehicle is designated by a proper sign showing the civil air
11 patrol's name; for a vehicle owned and operated by a nonprofit
12 veterans center; for a vehicle owned and operated by a nonprofit
13 recycling center or a federally recognized nonprofit conservation
14 organization; for a motor vehicle having a truck chassis and a
15 locomotive or ship's body that is owned by a nonprofit veterans
16 organization and used exclusively in parades and civic events; or
17 for an emergency support vehicle used exclusively for emergencies
18 and owned and operated by a federally recognized nonprofit
19 charitable organization, $10.00 per plate.
20 (i) For each a
truck owned and operated free of charge
by a
21 bona fide ecclesiastical or charitable corporation, or red cross,
22 girl scout, or boy scout organization, 65 cents per 100 pounds of
23 the empty weight of the truck.
24 (j) For each a
truck , weighing 8,000 pounds or less, and
25 not used to tow a vehicle, for each a privately
owned truck used
26 to tow a trailer for recreational purposes only and not involved
27 in a profit making venture, and for each a vehicle
designed and
1 used to tow a mobile home or a trailer coach, except as provided
2 in subdivision (b), $38.00 or an amount computed according to the
3 following schedule of empty weights, whichever is greater:
4 Empty weights Per 100 pounds
5 0 to 2,500 pounds.............................. $ 1.40
6 2,501 to 4,000 pounds.......................... 1.76
7 4,001 to 6,000 pounds.......................... 2.20
8 6,001 to 8,000 pounds.......................... 2.72
9 8,001 to 10,000 pounds......................... 3.25
10 10,001 to 15,000 pounds........................ 3.77
11 15,001 pounds and over......................... 4.39
12 If the tax required under subdivision (p) for a vehicle of
13 the same model year with the same list price as the vehicle for
14 which registration is sought under this subdivision is more than
15 the tax provided under the preceding provisions of this
16 subdivision for an identical vehicle, the tax required under this
17 subdivision is not less than the tax required under subdivision
18 (p) for a vehicle of the same model year with the same list
19 price.
20 (k) For each a
truck weighing 8,000 pounds or less
towing a
21 trailer or any other combination of vehicles and for each a truck
22 weighing 8,001 pounds or more, road tractor or truck tractor,
23 except as provided in subdivision (j) according to the following
24 schedule of elected gross weights:
25 Elected gross weight Tax
26 0 to 24,000 pounds.............................. $ 491.00
1 24,001 to 26,000 pounds......................... 558.00
2 26,001 to 28,000 pounds......................... 558.00
3 28,001 to 32,000 pounds......................... 649.00
4 32,001 to 36,000 pounds......................... 744.00
5 36,001 to 42,000 pounds......................... 874.00
6 42,001 to 48,000 pounds......................... 1,005.00
7 48,001 to 54,000 pounds......................... 1,135.00
8 54,001 to 60,000 pounds......................... 1,268.00
9 60,001 to 66,000 pounds......................... 1,398.00
10 66,001 to 72,000 pounds......................... 1,529.00
11 72,001 to 80,000 pounds......................... 1,660.00
12 80,001 to 90,000 pounds......................... 1,793.00
13 90,001 to 100,000 pounds........................ 2,002.00
14 100,001 to 115,000 pounds....................... 2,223.00
15 115,001 to 130,000 pounds....................... 2,448.00
16 130,001 to 145,000 pounds....................... 2,670.00
17 145,001 to 160,000 pounds....................... 2,894.00
18 over 160,000 pounds............................. 3,117.00
19 For each commercial vehicle registered under this
20 subdivision, $15.00 shall be deposited in a truck safety fund to
21 be expended for the purposes prescribed in section 25 of 1951 PA
22 51, MCL 247.675.
23 If a truck tractor or road tractor without trailer is leased
24 from an individual owner-operator, the lessee, whether a person,
25
an individual, firm, or corporation,
shall pay to the owner-
26 operator 60% of the tax
prescribed in this subdivision for to the
27 owner-operator of the truck tractor or road tractor at the rate
28 of 1/12 for each month of the lease or arrangement in addition to
29 the compensation the owner-operator is entitled to for the rental
1 of his or her equipment.
2 (l) For each a pole
trailer, semitrailer, trailer coach, or
3 trailer, the tax shall be assessed according to the following
4 schedule of empty weights:
5 Empty weights Tax
6 0 to 2,499 pounds................................ $ 75.00
7 2,500 to 9,999 pounds............................ 200.00
8 10,000 pounds and over........................... 300.00
9 The A registration plate issued under this subdivision
10 expires only when the secretary of state reissues a new
11 registration plate for all trailers. Beginning October 1, 2005,
12 if If the secretary of state reissues a new registration
plate
13 for all trailers, a person who has once paid the tax as increased
14 by 2003 PA 152 for a vehicle under this subdivision is not
15 required to pay the tax for that vehicle a second time, but is
16 required to pay only the cost of the reissued plate at the rate
17 provided in section 804(2) for a standard plate. A registration
18 plate issued under this subdivision is nontransferable.
19 (m) For each a
commercial vehicle used for the
20 transportation of passengers for hire except for a vehicle for
21 which a payment is made under 1960 PA 2, MCL 257.971 to 257.972,
22 according to the following schedule of empty weights:
23 Empty weights Per 100 pounds
24 0 to 4,000 pounds.............................. $ 1.76
25 4,001 to 6,000 pounds.......................... 2.20
1 6,001 to 10,000 pounds......................... 2.72
2 10,001 pounds and over......................... 3.25
3 (n) For each motorcycle........................ $ 23.00
4 (n) For a motorcycle, $23.00.
5 On October 1, 1983, and October 1, 1984, the tax assessed
6 under this subdivision shall be annually revised for the
7 registrations expiring on the appropriate October 1 or after that
8 date by multiplying the tax assessed in the preceding fiscal year
9 times the personal income of Michigan for the preceding calendar
10 year divided by the personal income of Michigan for the calendar
11 year that preceded that calendar year. In performing the
12 calculations under this subdivision, the secretary of state shall
13 use the spring preliminary report of the United States department
14 of commerce or its successor agency.
15 Beginning January 1, 1984, the registration tax for each
16 motorcycle is increased by $3.00. The $3.00 increase is not part
17 of the tax assessed under this subdivision for the purpose of the
18 annual October 1 revisions but is in addition to the tax assessed
19 as a result of the annual October 1 revisions. Beginning January
20 1, 1984, $3.00 Three
dollars of each motorcycle fee shall be
21 placed in a motorcycle safety fund in the state treasury and
22 shall be used only for funding the motorcycle safety education
23 program as provided for under sections 312b and 811a.
24 (o) For each a
truck weighing 8,001 pounds or more,
road
25 tractor, or truck tractor used exclusively as a moving van or
26 part of a moving van in transporting household furniture and
27 household effects or the equipment or those engaged in conducting
1 carnivals, at the rate of 80% of the schedule of elected gross
2 weights in subdivision (k). as modified by the operation of that
3 subdivision.
4 (p) After September 30, 1983, each A motor
vehicle of the
5 1984 or a subsequent model year as shown on the application
6 required under section 217 that has not been previously subject
7 to the tax rates of this section and that is of the motor vehicle
8 category otherwise subject to the tax schedule described in
9 subdivision (a), and each a low-speed vehicle
according to the
10 following schedule based upon registration periods of 12 months:
11 (i) Except as otherwise provided in this subdivision, for the
12 first registration that is not a transfer registration under
13 section 809 and for the first registration after a transfer
14 registration under section 809, according to the following
15 schedule based on the vehicle's list price:
16 List Price Tax
17 $ 0 - $ 6,000.00................................ $ 30.00
18 More than $ 6,000.00 - $ 7,000.00............... $ 33.00
19 More than $ 7,000.00 - $ 8,000.00............... $ 38.00
20 More than $ 8,000.00 - $ 9,000.00............... $ 43.00
21 More than $ 9,000.00 - $ 10,000.00.............. $ 48.00
22 More than $ 10,000.00 - $ 11,000.00............. $ 53.00
23 More than $ 11,000.00 - $ 12,000.00............. $ 58.00
24 More than $ 12,000.00 - $ 13,000.00............. $ 63.00
25 More than $ 13,000.00 - $ 14,000.00............. $ 68.00
26 More than $ 14,000.00 - $ 15,000.00............. $ 73.00
27 More than $ 15,000.00 - $ 16,000.00............. $ 78.00
1 More than $ 16,000.00 - $ 17,000.00............. $ 83.00
2 More than $ 17,000.00 - $ 18,000.00............. $ 88.00
3 More than $ 18,000.00 - $ 19,000.00............. $ 93.00
4 More than $ 19,000.00 - $ 20,000.00............. $ 98.00
5 More than $ 20,000.00 - $ 21,000.00............. $ 103.00
6 More than $ 21,000.00 - $ 22,000.00............. $ 108.00
7 More than $ 22,000.00 - $ 23,000.00............. $ 113.00
8 More than $ 23,000.00 - $ 24,000.00............. $ 118.00
9 More than $ 24,000.00 - $ 25,000.00............. $ 123.00
10 More than $ 25,000.00 - $ 26,000.00............. $ 128.00
11 More than $ 26,000.00 - $ 27,000.00............. $ 133.00
12 More than $ 27,000.00 - $ 28,000.00............. $ 138.00
13 More than $ 28,000.00 - $ 29,000.00............. $ 143.00
14 More than $ 29,000.00 - $ 30,000.00............. $ 148.00
15 More than $30,000.00, the tax of $148.00 is increased by
16 $5.00 for each $1,000.00 increment or fraction of a $1,000.00
17 increment over $30,000.00. If a current tax increases or
18 decreases as a result of 1998 PA 384, only a vehicle purchased or
19 transferred after January 1, 1999 shall be assessed the increased
20 or decreased tax.
21 (ii) For the second registration, 90% of the tax assessed
22 under subparagraph (i).
23 (iii) For the third registration, 90% of the tax assessed
24 under subparagraph (ii).
25 (iv) For the fourth and subsequent registrations, 90% of the
26 tax assessed under subparagraph (iii).
27 For a vehicle of the 1984 or a subsequent model year that
28 has been previously registered by a person other than the person
1 applying for registration or for a vehicle of the 1984 or a
2 subsequent model year that
has been previously registered in
3 another state or country and is registered for the first time in
4 this state, the tax under this subdivision shall be determined by
5 subtracting the model year of the vehicle from the calendar year
6 for which the registration is sought. If the result is zero or a
7 negative figure, the first registration tax shall be paid. If the
8 result is 1, 2, or 3 or more, then, respectively, the second,
9 third, or subsequent registration tax shall be paid. A van that
10 is owned by an individual who uses a wheelchair or by an
11 individual who transports a member of his or her household who
12 uses a wheelchair and for which registration plates are issued
13 under section 803d shall be assessed at the rate of 50% of the
14 tax provided for in this subdivision.
15 (q) For a wrecker, $200.00.
16 (r) When the secretary of state computes a tax under this
17 section, a computation that does not result in a whole dollar
18 figure shall be rounded to the next lower whole dollar when the
19 computation results in a figure ending in 50 cents or less and
20 shall be rounded to the next higher whole dollar when the
21 computation results in a figure ending in 51 cents or more,
22 unless specific taxes are specified. , and the The secretary
of
23 state may accept the manufacturer's shipping weight of the
24 vehicle fully equipped for the use for which the registration
25 application is made. If the weight of the vehicle is not
26 correctly stated or is not satisfactory, the secretary of state
27 shall determine the actual weight. Each application An applicant
1 for registration of a vehicle under subdivisions (j) and (m)
2 shall have attached attach
a scale weight receipt of the vehicle
3 fully equipped as of the time the application is made to the
4 application. a scale weight receipt of the vehicle fully
equipped
5 as of the time the application is made. The scale weight receipt
6 is not necessary if there is presented the applicant presents
7 with the application a registration receipt of the previous year
8 that shows on its face the weight of the motor vehicle as
9 registered with the secretary of state and that is accompanied by
10 a statement of the applicant that there has not been a structural
11 change in the motor vehicle that has increased the weight and
12 that the previous registered weight is the true weight.
13 (2) A manufacturer is not exempted under this act from
14 paying ad valorem taxes on vehicles in stock or bond, except on
15 the specified number of motor vehicles registered. A dealer is
16 exempt from paying ad valorem taxes on vehicles in stock or bond.
17 (3) Until October 1, 2015, the tax for a vehicle with an
18 empty weight over 10,000 pounds imposed under subsection (1)(a)
19 and the taxes imposed under subsection (1)(c), (d), (e), (f),
20 (i), (j), (m), (o), and (p) are each increased as follows:
21 (a) A regulatory fee of $2.25 that shall be credited to the
22 traffic law enforcement and safety fund created in section 819a
23 and used to regulate highway safety.
24 (b) A fee of $5.75 that shall be credited to the
25 transportation administration collection fund created in section
26 810b.
27 (4) If a tax required to be paid under this section is not
1 received by the secretary of state on or before the expiration
2 date of the registration plate, the secretary of state shall
3 collect a late fee of $10.00 for each registration renewed after
4 the expiration date. An application for a renewal of a
5 registration using the regular mail and postmarked before the
6 expiration date of that registration shall not be assessed a late
7 fee. The late fee collected under this subsection shall be
8 deposited into the general fund.
9 (5) As used in this section:
10 (a) "Gross proceeds" means that term as defined in section 1
11 of the general sales tax act, 1933 PA 167, MCL 205.51, and
12 includes the value of the motor vehicle used as part payment of
13 the purchase price as that value is agreed to by the parties to
14 the sale, as evidenced by the signed agreement executed under
15 section 251.
16 (b) "List price" means the manufacturer's suggested base
17 list price as published by the secretary of state, or the
18 manufacturer's suggested retail price as shown on the label
19 required to be affixed to the vehicle under 15 USC 1232, if the
20 secretary of state has not at the time of the sale of the vehicle
21 published a manufacturer's suggested retail price for that
22 vehicle, or the purchase price of the vehicle if the
23 manufacturer's suggested base list price is unavailable from the
24 sources described in this subdivision.
25 (c) "Purchase price" means the gross proceeds received by
26 the seller in consideration of the sale of the motor vehicle
27 being registered.
1 (6) In addition to the registration taxes under this
2 section, the secretary of state shall collect fees charged under
3 section 801k and credit revenues received to the county treasurer
4 of the county that approved the fee.
5 Sec. 801k. (1) In addition to the required vehicle
6 registration tax under section 801(1)(p), a county may charge a
7 fee on vehicle registrations issued to residents of that county
8 of not more than $1.80 for each $1,000.00 or fraction of
9 $1,000.00 of the vehicle's list price as used in calculating the
10 registration tax under section 801(1)(p). The county may charge
11 the additional fee only upon the approval of a majority of the
12 electors in the county voting on the tax at an election held on a
13 regular date as provided in section 641 of the Michigan election
14 law, 1954 PA 116, MCL 168.641.
15 (2) In addition to any other requirements imposed by law,
16 the ballot question proposing authorization of a fee under
17 subsection (1) shall specify how the proceeds of the fee shall be
18 expended.
19 (3) The fee collected under this section shall only be used
20 by the county for transportation purposes as described in section
21 9 of article IX of the state constitution of 1963.
22 (4) A proposal for a fee under this section shall not be
23 placed on the ballot under subsection (1) unless the proposal is
24 adopted by a resolution of the county board of commissioners and
25 certified by the county board of commissioners not later than 70
26 days before the election to the county clerk of the county for
27 inclusion on the ballot.
1 (5) If a county approves a fee under subsection (1), the
2 secretary of state shall collect the fee on all vehicles
3 registered to residents of that county under section 801(1)(p)
4 and shall annually distribute the fee collected to the county
5 treasurer of the county that approved the fee.