HB-6125, As Passed House, December 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6125

 

 

June 7, 2018, Introduced by Rep. Victory and referred to the Committee on Natural Resources.

 

      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 or

 

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

 

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

 

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

 

 6  recreation passport fee is as follows:

 

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

 

 8        (b) For a motorcycle, $5.00.

 


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

 

 2  application for a motor vehicle registration shall contain at least

 

 3  the following information, in substantially the following format

 

 4  and language, except that the amount of the recreation passport fee

 

 5  specified shall be $5.00 for a motorcycle:

 

 

 6

$[Amount] – Annual vehicle registration or renewal.

 7

$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, state forest campgrounds,

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            state trailheads, and DNR-operated state

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            state-operated public boating access sites.

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            (Check one of the 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.

 

 

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

 

19  of an application for motor vehicle registration to reflect the

 

20  fact that, under sections section 74116 and 78119 of the natural

 

21  resources and environmental protection act, 1994 PA 451, MCL

 

22  324.74116, and 324.78119, payment of the recreation passport fee

 

23  authorizes entry into all state parks and recreation areas and

 

24  designated state-operated public boating access sites recreational

 

25  fee areas until expiration of the motor vehicle registration.

 

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

 

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


 1  recreation passport fee, the applicant shall be considered to have

 

 2  elected to pay the recreation passport fee regardless of whether

 

 3  such an election is indicated on the application.

 

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

 

 5  following:

 

 6        (a) An application submitted by a dealer under section 217 for

 

 7  a vehicle sold, leased, or exchanged by the dealer.

 

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

 

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

 

10  the registration tax or the issuance or renewal of a motor vehicle

 

11  registration described in section 217d or 803f.

 

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

 

13  the revenue from recreation passport fees to the department of

 

14  natural resources and environment for deposit as provided in

 

15  section 2045 of the natural resources and environmental protection

 

16  act, 1994 PA 451, MCL 324.2045.

 

17        (7) For each calendar year, the state treasurer shall adjust

 

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

 

19  the state treasurer to reflect the cumulative percentage change in

 

20  the consumer price index Consumer Price Index from October 1, 2010

 

21  to the October 1 immediately preceding that calendar year, using

 

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

 

23        (8) The legislature shall annually review the amount of

 

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

 

25  amount is appropriate for the purposes for which the recreation

 

26  passport fee is assessed and in compliance with law.

 

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


 1  sticker for a registration plate or personalized registration plate

 

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

 

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

 

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

 

 5  the secretary of state after consultation with the director of the

 

 6  department of natural resources and the department of state police.

 

 7  Before discontinuing the issuance of a registration tab or sticker,

 

 8  the secretary of state shall consult with the director of the

 

 9  department of natural resources and establish an alternative method

 

10  or procedure by which the department of natural resources can

 

11  determine whether to indicate on a motor vehicle that a recreation

 

12  passport fee has been paid for a the motor vehicle. The

 

13  distinctively marked registration tab or sticker, or alternative

 

14  method to indicate that a recreation passport fee has been paid,

 

15  constitutes a recreation passport for the purposes of part 741 of

 

16  the natural resources and environmental protection act, 1994 PA

 

17  451, MCL 324.74101 to 324.74126.

 

18        (10) Whether or not an individual paid or indicated that he or

 

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

 

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

 

21        (11) As used in this section:

 

22        (a) "Consumer price index" Price Index" means the most

 

23  comprehensive index of consumer prices available for this state

 

24  from the bureau of labor statistics of the United States department

 

25  Department of labor.Labor.

 

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

 

27  vehicle.


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

 

 2  operated public boating access site recreation passport fee as

 

 3  provided for in subsection (1).that term as defined in section

 

 4  74101 of the natural resources and environmental protection act,

 

 5  1994 PA 451, MCL 324.74101.

 

 6        (d) "Recreational fee area" means that term as defined in

 

 7  section 74101 of the natural resources and environmental protection

 

 8  act, 1994 PA 451, MCL 324.74101.

 

 9        Enacting section 1. This amendatory act takes effect 90 days

 

10  after the date it is enacted into law.

 

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

 

12  unless Senate Bill No.____ or House Bill No. 6124 (request no.

 

13  05972'18) of the 99th Legislature is enacted into law.