Bill Text: MI SB1042 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Recreation; state parks; vehicle registration application forms requiring opt out to decline payment of recreational passport fee; allow applicant to authorize. Amends sec. 805 of 1949 PA 300 (MCL 257.805).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-09-10 - Referred To Committee On Outdoor Recreation And Tourism [SB1042 Detail]

Download: Michigan-2013-SB1042-Introduced.html

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SENATE BILL No. 1042

 

 

September 10, 2014, Introduced by Senators MEEKHOF and BOOHER and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 805 (MCL 257.805), as amended by 2013 PA 82.

 

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 or for a replacement registration tab

 

 3  or sticker may submit a state park and state-operated public

 

 4  boating access site passport fee to the secretary of state with

 

 5  the application. Subject to subsection (7), (8), the amount of

 

 6  the recreation passport fee is as follows:

 

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

 

 8        (b) For a motorcycle, $5.00.

 

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

 

10  application for a motor vehicle registration shall contain at

 

 1  least the following information, in substantially the following

 

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

 

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

 

 

4		$[Amount] – Annual vehicle registration or renewal.
5		$10.00    – Annual authorization to use this vehicle for
6		unlimited entry into all Michigan state parks
7		and recreation areas and DNR-operated state
8		boating access sites. (Check one of the
9		boxes below.)
10		____ I elect to pay this $10.00 fee.
11		____ I elect not to pay this $10.00 fee.
12		This vehicle will not be used to enter the
13		facilities described above.
14		$________ – Total amount due.

 

 

15        (3) The secretary of state shall revise the format and

 

16  language of an application for motor vehicle registration to

 

17  allow an applicant to request that the application forms

 

18  subsequently sent to the applicant include the recreation

 

19  passport fee in the calculation of the total amount due but allow

 

20  the applicant to elect not to pay the fee by subtracting it from

 

21  the total amount due. If the applicant so requests, the secretary

 

22  of state shall send the applicant revised application forms for

 

23  that vehicle until the applicant elects not to pay the recreation

 

24  passport fee.

 

25        (4) (3) The secretary of state may revise the format and

 

26  language of an application for motor vehicle registration to

 

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

 

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

 

 2  MCL 324.74116 and 324.78119, payment of the recreation passport

 

 3  fee authorizes entry into all state parks and recreation areas

 

 4  and designated state-operated public boating access sites until

 

 5  expiration of the motor vehicle registration.

 

 6        (5) (4) If the applicant applies by mail and, in addition to

 

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

 

 8  recreation passport fee, the applicant shall be considered to

 

 9  have elected to pay the recreation passport fee regardless of

 

10  whether such an election is indicated on the application.

 

11        (6) (5) Subsections (1) and (2) do not apply to any of the

 

12  following:

 

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

 

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

 

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

 

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

 

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

 

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

 

19        (7) (6) The secretary of state shall, at least monthly,

 

20  transfer the revenue from recreation passport fees to the

 

21  department of natural resources and environment for deposit as

 

22  provided in section 2045 of the natural resources and

 

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

 

24        (8) (7) For each calendar year, the state treasurer shall

 

25  adjust the amounts set forth in subsection (1) by an amount

 

26  determined by the state treasurer to reflect the cumulative

 

27  percentage change in the consumer price index from October 1,

 

 1  2010 to the October 1 immediately preceding that calendar year,

 

 2  using the most recent data available and rounded to the nearest

 

 3  dollar.

 

 4        (9) (8) The legislature shall annually review the amount of

 

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

 

 6  amount is appropriate for the purposes for which the recreation

 

 7  passport fee is assessed and in compliance with law.

 

 8        (10) (9) If the secretary of state issues a registration tab

 

 9  or sticker for a registration plate or personalized registration

 

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

 

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

 

12  or sticker shall be marked in a distinctive manner determined by

 

13  the secretary of state after consultation with the director of

 

14  the department of natural resources and the department of state

 

15  police. Before discontinuing the issuance of a registration tab

 

16  or sticker, the secretary of state shall consult with the

 

17  director of the department of natural resources and establish an

 

18  alternative method or procedure by which the department of

 

19  natural resources can determine whether a recreation passport fee

 

20  has been paid for a motor vehicle.

 

21        (11) (10) Whether or not an individual paid or indicated

 

22  that he or she elected to pay or not to pay a recreation passport

 

23  fee under this section is personal information for purposes of

 

24  section 40b.

 

25        (12) (11) As used in this section:

 

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

 

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

 

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

 

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

 

 3  vehicle.

 

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

 

 5  state-operated public boating access site recreation passport fee

 

 6  as provided for in subsection (1).

 

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

 

 8  2015.