Bill Text: MI HB4439 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles; registration; recreational passport fee; eliminate from registration forms for certain military specialty plates. Amends sec. 805 of 1949 PA 300 (MCL 257.805). TIE BAR WITH: HB 4297'13

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-03 - Assigned Pa 82'13 [HB4439 Detail]

Download: Michigan-2013-HB4439-Engrossed.html

HB-4439, As Passed House, May 7, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4439

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 805 (MCL 257.805), as added by 2010 PA 35.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 805. (1) An applicant for the issuance or renewal of a

 

 2  motor vehicle registration may submit a state park and state-

 

 3  operated public boating access site passport fee to the secretary

 

 4  of state with the application. Subject to subsection (6), (7),

 

 5  the amount of the recreation passport fee is as follows:

 

 6        (a) Except as provided in subdivision (b), $10.00.

 

 7        (b) For a motorcycle, $5.00.

 

 8        (2) In addition to the requirements of section 217, an

 

 9  application for a motor vehicle registration shall contain at

 

10  least the following information, in substantially the following

 


 1  format and language, except that the amount of the recreation

 

 2  passport fee specified shall be $5.00 for a motorcycle:

 

 

       $[Amount] – Annual vehicle registration or renewal.

       $10.00    – Annual authorization to use this vehicle for

                   unlimited entry into all Michigan state parks

                   and recreation areas and DNR-operated state

                   boating access sites. (Check one of the

                   boxes below.)

                   ____ I elect to pay this $10.00 fee.

10                    ____ I elect not to pay this $10.00 fee.

11                    This vehicle will not be used to enter the

12                    facilities described above.

13        $________ – Total amount due.

 

 

14        (3) The secretary of state may revise the format and

 

15  language of an application for motor vehicle registration to

 

16  reflect the fact that, under sections 74116 and 78119 of the

 

17  natural resources and environmental protection act, 1994 PA 451,

 

18  MCL 324.74116 and 324.78119, payment of the recreation passport

 

19  fee authorizes entry into all state parks and recreation areas

 

20  and designated state-operated public boating access sites until

 

21  expiration of the motor vehicle registration.

 

22        (4) (3) If the applicant applies by mail and, in addition to

 

23  the registration fee, the applicant pays an amount equal to the

 

24  recreation passport fee, the applicant shall be considered to

 

25  have elected to pay the recreation passport fee regardless of

 

26  whether such an election is indicated on the application.

 

27        (5) (4) Subsections (1) and (2) do not apply to an any of

 


 1  the following:

 

 2        (a) An application submitted by a dealer under section 217

 

 3  for a vehicle sold, leased, or exchanged by the dealer.

 

 4        (b) The issuance or renewal of a motor vehicle registration

 

 5  described in section 803e(1) and exempt under section 803e(6)

 

 6  from the registration tax or the issuance or renewal of a motor

 

 7  vehicle registration described in section 217d or 803f.

 

 8        (6) (5) The secretary of state shall, at least monthly,

 

 9  transfer the revenue from recreation passport fees to the

 

10  department of natural resources and environment for deposit as

 

11  provided in section 2045 of the natural resources and

 

12  environmental protection act, 1994 PA 451, MCL 324.2045.

 

13        (7) (6) For each state fiscal calendar year, beginning with

 

14  the 2011-2012 state fiscal year, the state treasurer shall adjust

 

15  the amounts set forth in subsection (1) by an amount determined

 

16  by the state treasurer to reflect the cumulative percentage

 

17  change in the consumer price index since from October 1, 2010 to

 

18  the October 1 immediately preceding that calendar year, using the

 

19  most recent data available and rounded to the nearest dollar.

 

20        (8) (7) The legislature shall annually review the amount of

 

21  revenue raised by the recreation passport fee to ensure that the

 

22  amount is appropriate for the purposes for which the recreation

 

23  passport fee is assessed and in compliance with law.

 

24        (9) (8) If the secretary of state issues a registration tab

 

25  or sticker for a registration plate or personalized registration

 

26  plate under section 224 or 803b for a motor vehicle for which a

 

27  recreation passport fee has been paid under this section, the tab

 


 1  or sticker and any temporary registration plate issued under

 

 2  section 224a shall be marked in a distinctive manner determined

 

 3  by the secretary of state after consultation with the director of

 

 4  the department of natural resources and environment and the

 

 5  department of state police. Before discontinuing the issuance of

 

 6  a registration tab or sticker, the secretary of state shall

 

 7  consult with the director of the department of natural resources

 

 8  and environment and establish an alternative method or procedure

 

 9  by which the department of natural resources and environment can

 

10  determine whether a recreation passport fee has been paid for a

 

11  motor vehicle.

 

12        (10) (9) Whether or not an individual paid or indicated that

 

13  he or she elected to pay or not to pay a recreation passport fee

 

14  under this section is personal information for purposes of

 

15  section 40b.

 

16        (11) (10) As used in this section:

 

17        (a) "Consumer price index" means the most comprehensive

 

18  index of consumer prices available for this state from the bureau

 

19  of labor statistics of the United States department of labor.

 

20        (b) "Motor vehicle" does not include a commercial motor

 

21  vehicle.

 

22        (c) "Recreation passport fee" means the state park and

 

23  state-operated public boating access site recreation passport fee

 

24  as provided for in subsection (1).

 

25        (11) This section is repealed effective April 1, 2014

 

26  unless, during at least 1 of the state fiscal years ending

 

27  September 30, 2011, 2012, and 2013, revenue from the recreation

 


 1  passport fee, minus appropriations to the secretary of state

 

 2  under section 2045(1)(a) of the natural resources and

 

 3  environmental protection act, 1994 PA 451, MCL 324.2045, equals

 

 4  or exceeds $12,017,514.00.

 

 5        Enacting section 1. This amendatory act takes effect May 1,

 

 6  2014.

 

 7        Enacting section 2. This amendatory act does not take effect

 

 8  unless House Bill No. 4297 of the 97th Legislature is enacted

 

 9  into law.

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