SB-0389, As Passed House, March 24, 2010

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 389

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

(MCL 257.1 to 257.923) by adding section 805; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

motor vehicle registration may submit a state park and state-

operated public boating access site passport fee to the secretary

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

amount of the recreation passport fee is as follows:

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

(b) For a motorcycle, $5.00.

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

application for a motor vehicle registration shall contain at least

the following information, in substantially the following format

and language, except that the amount of the recreation 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.

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

vehicle will not be used to enter the facilities

described above.

$________ – Total amount due.

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

registration fee, the applicant pays an amount equal to the

recreation passport fee, the applicant shall be considered to have

elected to pay the recreation passport fee regardless of whether

such an election is indicated on the application.

(4) Subsections (1) and (2) do not apply to an application

submitted by a dealer under section 217 for a vehicle sold, leased,

or exchanged by the dealer.

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

the revenue from recreation passport fees to the department of

natural resources and environment for deposit as provided in

section 2045 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.2045.

(6) For each state fiscal year, beginning with the 2011-2012

state fiscal year, the state treasurer shall adjust the amounts set

forth in subsection (1) by an amount determined by the state

treasurer to reflect the cumulative percentage change in the

consumer price index since October 1, 2010 using the most recent

data available and rounded to the nearest dollar.

(7) The legislature shall annually review the amount of

revenue raised by the recreation passport fee to ensure that the

amount is appropriate for the purposes for which the recreation

passport fee is assessed and in compliance with law.

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

sticker for a registration plate or personalized registration plate

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

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

or sticker and any temporary registration plate issued under

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

the secretary of state after consultation with the director of the

department of natural resources and environment and the department

of state police. Before discontinuing the issuance of a

registration tab or sticker, the secretary of state shall consult

with the director of the department of natural resources and

environment and establish an alternative method or procedure by

which the department of natural resources and environment can

determine whether a recreation passport fee has been paid for a

motor vehicle.

(9) Whether or not an individual paid or indicated that he or

she elected to pay or not to pay a recreation passport fee under

this section is personal information for purposes of section 40b.

(10) As used in this section:

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

of consumer prices available for this state from the bureau of

labor statistics of the United States department of labor.

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

vehicle.

operated public boating access site recreation passport fee as

provided for in subsection (1).

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

during at least 1 of the state fiscal years ending September 30,

2011, 2012, and 2013, revenue from the recreation passport fee,

minus appropriations to the secretary of state under section

2045(1)(a) of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.2045, equals or exceeds $12,017,514.00.

Enacting section 1. This amendatory act takes effect October

1, 2010.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

(a) Senate Bill No. 1057.

(b) House Bill No. 4677.