SB-0389, As Passed Senate, November 12, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

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 (4), the

 

 5  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

 

 1  application for a motor vehicle registration shall contain at

 

 2  least the following information, in substantially the following

 

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

 

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

 

 

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$[Amount] – Annual vehicle registration or renewal.

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$10.00    – Annual authorization to use this vehicle for

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            unlimited entry into all Michigan state parks

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            and recreation areas and DNR-operated state

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            boating access sites. (Check one of the

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            boxes below.)

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            ____ I elect to pay this $10.00 fee.

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

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                 vehicle will not be used to enter any Michigan

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                 state park or recreation area or limited entry

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                 DNR-operated state boating access site during

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                 the registration period.

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$________ – Total amount due.

 

 

18        (3) The secretary of state shall allocate revenue from

 

19  recreation passport fees as follows:

 

20        (a) The secretary of state shall retain an amount equal to

 

21  0.5% of all recreation passport fees to defray the costs of

 

22  administering this section.

 

23        (b) The secretary of state shall, at least weekly, transfer

 

24  the balance of the revenue to the department of natural resources

 

25  for deposit as provided in section 2045 of the natural resources

 

26  and environmental protection act, 1994 PA 451, MCL 324.2045.

 

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

 

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

 

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

 

 3  treasurer to reflect the cumulative percentage change in the

 

 4  consumer price index for the most recent 1-year period for which

 

 5  data are available and rounded to the nearest 5 cents.

 

 6        (5) The legislature shall annually review the amount of

 

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

 

 8  amount is appropriate for the purposes for which the recreation

 

 9  passport fee is assessed and in compliance with law.

 

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

 

11  sticker for a registration plate or personalized registration

 

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

 

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

 

14  or sticker and any temporary registration plate issued under

 

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

 

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

 

17  the department of natural resources and the department of state

 

18  police. Before discontinuing the issuance of a registration tab

 

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

 

20  director of the department of natural resources and establish an

 

21  alternative method or procedure by which the department of

 

22  natural resources can determine whether a recreation passport fee

 

23  has been paid for a motor vehicle.

 

24        (7) Whether or not an individual paid or indicated that he

 

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

 

26  under this section is personal information for purposes of

 

27  section 40b.

 

 1        (8) As used in this section:

 

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

 

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

 

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

 

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

 

 6  vehicle.

 

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

 

 8  state-operated public boating access site recreation passport fee

 

 9  as provided for in subsection (1).

 

10        Enacting section 1. This amendatory act takes effect October

 

11  1, 2010.

 

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

 

13  unless Senate Bill No. 388 of the 95th Legislature is enacted

 

14  into law.