HB-4439, As Passed Senate, June 19, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4439
(As amended June 19, 2013)
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 <<OR FOR A REPLACEMENT REGISTRATION TAB
OR STICKER>> 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 $5.00 for a motorcycle:
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$[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 $10.00 fee. |
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This vehicle will not be used to enter the |
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facilities described above. |
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$________ – 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.