April 5, 2007, Introduced by Rep. Hopgood and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 801 (MCL 257.801), as amended by 2006 PA 562.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 801. (1) The secretary of state shall collect the
2 following taxes at the time of registering a vehicle, which shall
3 exempt the vehicle from all other state and local taxation,
4 except the fees and taxes provided by law to be paid by certain
5 carriers operating motor vehicles and trailers under the motor
6 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
7 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
8 207.234; and except as otherwise provided by this act:
9 (a) For a motor vehicle, including a motor home, except as
10 otherwise provided, and a pickup truck or van that weighs not
11 more than 8,000 pounds, except as otherwise provided, according
12 to the following schedule of empty weights:
1 Empty weights Tax
2 0 to 3,000 pounds..................................$ 29.00
3 3,001 to 3,500 pounds.............................. 32.00
4 3,501 to 4,000 pounds.............................. 37.00
5 4,001 to 4,500 pounds.............................. 43.00
6 4,501 to 5,000 pounds.............................. 47.00
7 5,001 to 5,500 pounds.............................. 52.00
8 5,501 to 6,000 pounds.............................. 57.00
9 6,001 to 6,500 pounds.............................. 62.00
10 6,501 to 7,000 pounds.............................. 67.00
11 7,001 to 7,500 pounds.............................. 71.00
12 7,501 to 8,000 pounds.............................. 77.00
13 8,001 to 8,500 pounds.............................. 81.00
14 8,501 to 9,000 pounds.............................. 86.00
15 9,001 to 9,500 pounds.............................. 91.00
16 9,501 to 10,000 pounds............................. 95.00
17 over 10,000 pounds....................$ 0.90 per 100 pounds
18 of empty weight
19 On October 1, 1983, and October 1, 1984, the tax assessed
20 under this subdivision shall be annually revised for the
21 registrations expiring on the appropriate October 1 or after that
22 date by multiplying the tax assessed in the preceding fiscal year
23 times the personal income of Michigan for the preceding calendar
24 year divided by the personal income of Michigan for the calendar
25 year that preceded that calendar year. In performing the
26 calculations under this subdivision, the secretary of state shall
27 use the spring preliminary report of the United States department
28 of commerce or its successor agency. A van that is owned by an
1 individual who uses a wheelchair or by an individual who
2 transports a resident of his or her household who uses a
3 wheelchair and for which registration plates are issued under
4 section 803d shall be assessed at the rate of 50% of the tax
5 provided for in this subdivision.
6 (b) For a trailer coach attached to a motor vehicle, the tax
7 shall be assessed as provided in subdivision (l). A trailer coach
8 not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
9 located on land otherwise assessable as real property under the
10 general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if
11 the trailer coach is used as a place of habitation, and whether
12 or not permanently affixed to the soil, is not exempt from real
13 property taxes.
14 (c) For a road tractor, truck, or truck tractor owned by a
15 farmer and used exclusively in connection with a farming
16 operation, including a farmer hauling livestock or farm equipment
17 for other farmers for remuneration in kind or in labor, but not
18 for money, or used for the transportation of the farmer and the
19 farmer's family, and not used for hire, 74 cents per 100 pounds
20 of empty weight of the road tractor, truck, or truck tractor. If
21 the road tractor, truck, or truck tractor owned by a farmer is
22 also used for a nonfarming operation, the farmer is subject to
23 the highest registration tax applicable to the nonfarm use of the
24 vehicle but is not subject to more than 1 tax rate under this
25 act.
26 (d) For a road tractor, truck, or truck tractor owned by a
27 wood harvester and used exclusively in connection with the wood
1 harvesting operations or a truck used exclusively to haul milk
2 from the farm to the first point of delivery, 74 cents per 100
3 pounds of empty weight of the road tractor, truck, or truck
4 tractor. A registration secured by payment of the tax prescribed
5 in this subdivision continues in full force and effect until the
6 regular expiration date of the registration. As used in this
7 subdivision:
8 (i) "Wood harvester" includes the person or persons hauling
9 and transporting raw materials in the form produced at the
10 harvest site or hauling and transporting wood harvesting
11 equipment. Wood harvester does not include a person or persons
12 whose primary activity is tree-trimming or landscaping.
13 (ii) "Wood harvesting equipment" includes all of the
14 following:
15 (A) A vehicle that directly harvests logs or timber,
16 including, but not limited to, a processor or a feller buncher.
17 (B) A vehicle that directly processes harvested logs or
18 timber, including, but not limited to, a slasher, delimber,
19 processor, chipper, or saw table.
20 (C) A vehicle that directly processes harvested logs or
21 timber, including, but not limited to, a forwarder, grapple
22 skidder, or cable skidder.
23 (D) A vehicle that directly loads harvested logs or timber,
24 including, but not limited to, a knucle-boom knuckle-boom loader,
25 front-end loader, or forklift.
26 (E) A bulldozer or road grader being transported to a wood
27 harvesting site specifically for the purpose of building or
1 maintaining harvest site roads.
2 (iii) "Wood harvesting operations" does not include the
3 transportation of processed lumber, Christmas trees, or processed
4 firewood for a profit making venture.
5 (e) For a hearse or ambulance used exclusively by a licensed
6 funeral director in the general conduct of the licensee's funeral
7 business, including a hearse or ambulance whose owner is engaged
8 in the business of leasing or renting the hearse or ambulance to
9 others, $1.17 per 100 pounds of the empty weight of the hearse or
10 ambulance.
11 (f) For a vehicle owned and operated by this state, a state
12 institution, a municipality, a privately incorporated, nonprofit
13 volunteer fire department, or a nonpublic, nonprofit college or
14 university, $5.00 per plate. A registration plate issued under
15 this subdivision expires on June 30 of the year in which new
16 registration plates are reissued for all vehicles by the
17 secretary of state.
18 (g) For a bus including a station wagon, carryall, or
19 similarly constructed vehicle owned and operated by a nonprofit
20 parents' transportation corporation used for school purposes,
21 parochial school or society, church Sunday school, or any other
22 grammar school, or by a nonprofit youth organization or nonprofit
23 rehabilitation facility; or a motor vehicle owned and operated by
24 a senior citizen center, $10.00, if the bus, station wagon,
25 carryall, or similarly constructed vehicle or motor vehicle is
26 designated by proper signs showing the organization operating the
27 vehicle.
1 (h) For a vehicle owned by a nonprofit organization and used
2 to transport equipment for providing dialysis treatment to
3 children at camp; for a vehicle owned by the civil air patrol, as
4 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
5 vehicle is designated by a proper sign showing the civil air
6 patrol's name; for a vehicle owned and operated by a nonprofit
7 veterans center; for a vehicle owned and operated by a nonprofit
8 recycling center or a federally recognized nonprofit conservation
9 organization; for a motor vehicle having a truck chassis and a
10 locomotive or ship's body that is owned by a nonprofit veterans
11 organization and used exclusively in parades and civic events; or
12 for an emergency support vehicle used exclusively for emergencies
13 and owned and operated by a federally recognized nonprofit
14 charitable organization, $10.00 per plate.
15 (i) For each truck owned and operated free of charge by a
16 bona fide ecclesiastical or charitable corporation, or red cross,
17 girl scout, or boy scout organization, 65 cents per 100 pounds of
18 the empty weight of the truck.
19 (j) For each truck, weighing 8,000 pounds or less, and not
20 used to tow a vehicle, for each privately owned truck used to tow
21 a trailer for recreational purposes only and not involved in a
22 profit making venture, and for each vehicle designed and used to
23 tow a mobile home or a trailer coach, except as provided in
24 subdivision (b), $38.00 or an amount computed according to the
25 following schedule of empty weights, whichever is greater:
26 Empty weights Per 100 pounds
1 0 to 2,500 pounds.............................. $ 1.40
2 2,501 to 4,000 pounds.......................... 1.76
3 4,001 to 6,000 pounds.......................... 2.20
4 6,001 to 8,000 pounds.......................... 2.72
5 8,001 to 10,000 pounds......................... 3.25
6 10,001 to 15,000 pounds........................ 3.77
7 15,001 pounds and over......................... 4.39
8 If the tax required under subdivision (p) for a vehicle of
9 the same model year with the same list price as the vehicle for
10 which registration is sought under this subdivision is more than
11 the tax provided under the preceding provisions of this
12 subdivision for an identical vehicle, the tax required under this
13 subdivision is not less than the tax required under subdivision
14 (p) for a vehicle of the same model year with the same list
15 price.
16 (k) For each truck weighing 8,000 pounds or less towing a
17 trailer or any other combination of vehicles and for each truck
18 weighing 8,001 pounds or more, road tractor or truck tractor,
19 except as provided in subdivision (j) according to the following
20 schedule of elected gross weights:
21 Elected gross weight Tax
22 0 to 24,000 pounds...............................$ 491.00
23 24,001 to 26,000 pounds......................... 558.00
24 26,001 to 28,000 pounds......................... 558.00
25 28,001 to 32,000 pounds......................... 649.00
26 32,001 to 36,000 pounds......................... 744.00
27 36,001 to 42,000 pounds......................... 874.00
1 42,001 to 48,000 pounds......................... 1,005.00
2 48,001 to 54,000 pounds......................... 1,135.00
3 54,001 to 60,000 pounds......................... 1,268.00
4 60,001 to 66,000 pounds......................... 1,398.00
5 66,001 to 72,000 pounds......................... 1,529.00
6 72,001 to 80,000 pounds......................... 1,660.00
7 80,001 to 90,000 pounds......................... 1,793.00
8 90,001 to 100,000 pounds........................ 2,002.00
9 100,001 to 115,000 pounds....................... 2,223.00
10 115,001 to 130,000 pounds....................... 2,448.00
11 130,001 to 145,000 pounds....................... 2,670.00
12 145,001 to 160,000 pounds....................... 2,894.00
13 over 160,000 pounds............................. 3,117.00
14 For each commercial vehicle registered under this
15 subdivision, $15.00 shall be deposited in a truck safety fund to
16 be expended for the purposes prescribed in section 25 of 1951 PA
17 51, MCL 247.675.
18 If a truck or road tractor without trailer is leased from an
19 individual owner-operator, the lessee, whether a person, firm, or
20 corporation, shall pay to the owner-operator 60% of the tax
21 prescribed in this subdivision for the truck tractor or road
22 tractor at the rate of 1/12 for each month of the lease or
23 arrangement in addition to the compensation the owner-operator is
24 entitled to for the rental of his or her equipment.
25 (l) For each pole trailer, semitrailer, trailer coach, or
26 trailer, the tax shall be assessed according to the following
27 schedule of empty weights:
1 Empty weights Tax
2 0 to 2,499 pounds.................................$ 75.00
3 2,500 to 9,999 pounds............................. 200.00
4 10,000 pounds and over............................ 300.00
5 The registration plate issued under this subdivision expires
6 only when the secretary of state reissues a new registration
7 plate for all trailers. Beginning October 1, 2005, if the
8 secretary of state reissues a new registration plate for all
9 trailers, a person who has once paid the tax as increased by 2003
10 PA 152 for a vehicle under this subdivision is not required to
11 pay the tax for that vehicle a second time, but is required to
12 pay only the cost of the reissued plate at the rate provided in
13 section 804(2) for a standard plate. A registration plate issued
14 under this subdivision is nontransferable.
15 (m) For each commercial vehicle used for the transportation
16 of passengers for hire except for a vehicle for which a payment
17 is made under 1960 PA 2, MCL 257.971 to 257.972, according to the
18 following schedule of empty weights:
19 Empty weights Per 100 pounds
20 0 to 4,000 pounds...............................$ 1.76
21 4,001 to 6,000 pounds........................... 2.20
22 6,001 to 10,000 pounds.......................... 2.72
23 10,001 pounds and over.......................... 3.25
24
25 (n) For each motorcycle.........................$ 23.00
26 On October 1, 1983, and October 1, 1984, the tax assessed
1 under this subdivision shall be annually revised for the
2 registrations expiring on the appropriate October 1 or after that
3 date by multiplying the tax assessed in the preceding fiscal year
4 times the personal income of Michigan for the preceding calendar
5 year divided by the personal income of Michigan for the calendar
6 year that preceded that calendar year. In performing the
7 calculations under this subdivision, the secretary of state shall
8 use the spring preliminary report of the United States department
9 of commerce or its successor agency.
10 Beginning January 1, 1984, the registration tax for each
11 motorcycle is increased by $3.00. The $3.00 increase is not part
12 of the tax assessed under this subdivision for the purpose of the
13 annual October 1 revisions but is in addition to the tax assessed
14 as a result of the annual October 1 revisions. Beginning January
15 1, 1984, $3.00 of each motorcycle fee shall be placed in a
16 motorcycle safety fund in the state treasury and shall be used
17 only for funding the motorcycle safety education program as
18 provided for under sections 312b and 811a.
19 (o) For each truck weighing 8,001 pounds or more, road
20 tractor, or truck tractor used exclusively as a moving van or
21 part of a moving van in transporting household furniture and
22 household effects or the equipment or those engaged in conducting
23 carnivals, at the rate of 80% of the schedule of elected gross
24 weights in subdivision (k) as modified by the operation of that
25 subdivision.
26 (p) After September 30, 1983, each motor vehicle of the 1984
27 or a subsequent model year as shown on the application required
1 under section 217 that has not been previously subject to the tax
2 rates of this section and that is of the motor vehicle category
3 otherwise subject to the tax schedule described in subdivision
4 (a), and each low-speed vehicle according to the following
5 schedule based upon registration periods of 12 months:
6 (i) Except as otherwise provided in this subdivision, for the
7 first registration that is not a transfer registration under
8 section 809 and for the first registration after a transfer
9 registration under section 809, according to the following
10 schedule based on the vehicle's list price:
11 List Price Tax
12
$ 0 - $ 6,000.00.......................... $ 30.00 45.00
13
More than $ 6,000.00 - $ 7,000.00......... $ 33.00 47.00
14
More than $ 7,000.00 - $ 8,000.00......... $ 38.00 57.00
15
More than $ 8,000.00 - $ 9,000.00......... $ 43.00 65.00
16
More than $ 9,000.00 - $ 10,000.00........ $ 48.00 72.00
17
More than $ 10,000.00 - $ 11,000.00....... $ 53.00 80.00
18
More than $ 11,000.00 - $ 12,000.00....... $ 58.00 87.00
19
More than $ 12,000.00 - $ 13,000.00....... $ 63.00 95.00
20
More than $ 13,000.00 - $ 14,000.00....... $ 68.00 102.00
21
More than $ 14,000.00 - $ 15,000.00....... $ 73.00 110.00
22
More than $ 15,000.00 - $ 16,000.00....... $ 78.00 117.00
23
More than $ 16,000.00 - $ 17,000.00....... $ 83.00 125.00
24
More than $ 17,000.00 - $ 18,000.00....... $ 88.00 132.00
25
More than $ 18,000.00 - $ 19,000.00....... $ 93.00 140.00
26
More than $ 19,000.00 - $ 20,000.00....... $ 98.00 147.00
27
More than $ 20,000.00 - $ 21,000.00....... $ 103.00 155.00
28
More than $ 21,000.00 - $ 22,000.00....... $ 108.00 162.00
29
More than $ 22,000.00 - $ 23,000.00....... $ 113.00 170.00
1
More than $ 23,000.00 - $ 24,000.00....... $ 118.00 177.00
2
More than $ 24,000.00 - $ 25,000.00....... $ 123.00 185.00
3
More than $ 25,000.00 - $ 26,000.00....... $ 128.00 192.00
4
More than $ 26,000.00 - $ 27,000.00....... $ 133.00 200.00
5
More than $ 27,000.00 - $ 28,000.00....... $ 138.00 207.00
6
More than $ 28,000.00 - $ 29,000.00....... $ 143.00 215.00
7
More than $ 29,000.00 - $ 30,000.00....... $ 148.00 222.00
8 More than $30,000.00, the tax of $148.00 $222.00 is
9 increased by $5.00 $8.00
for each $1,000.00 increment or
fraction
10 of a $1,000.00 increment over $30,000.00. If a current tax
11 increases or decreases as a result of 1998 PA 384, only a vehicle
12 purchased or transferred after January 1, 1999 shall be assessed
13 the increased or decreased tax. Beginning January 1, 2009, the
14 tax due amounts in this subparagraph shall be adjusted by the
15 secretary of state on an annual basis by an amount determined by
16 the state treasurer to reflect the cumulative annual percentage
17 change in the Detroit consumer price index, rounded to the next
18 higher dollar.
19 (ii) For the second registration, 90% of the tax assessed
20 under subparagraph (i).
21 (iii) For the third registration, 90% of the tax assessed
22 under subparagraph (ii).
23 (iv) For the fourth and subsequent registrations, 90% of the
24 tax assessed under subparagraph (iii).
25 For a vehicle of the 1984 or a subsequent model year that
26 has been previously registered by a person other than the person
27 applying for registration or for a vehicle of the 1984 or a
1 subsequent model year that has been previously registered in
2 another state or country and is registered for the first time in
3 this state, the tax under this subdivision shall be determined by
4 subtracting the model year of the vehicle from the calendar year
5 for which the registration is sought. If the result is zero or a
6 negative figure, the first registration tax shall be paid. If the
7 result is 1, 2, or 3 or more, then, respectively, the second,
8 third, or subsequent registration tax shall be paid. A van that
9 is owned by an individual who uses a wheelchair or by an
10 individual who transports a resident of his or her household who
11 uses a wheelchair and for which registration plates are issued
12 under section 803d shall be assessed at the rate of 50% of the
13 tax provided for in this subdivision.
14 (q) For a wrecker, $200.00.
15 (r) When the secretary of state computes a tax under this
16 section, a computation that does not result in a whole dollar
17 figure shall be rounded to the next lower whole dollar when the
18 computation results in a figure ending in 50 cents or less and
19 shall be rounded to the next higher whole dollar when the
20 computation results in a figure ending in 51 cents or more,
21 unless specific taxes are specified, and the secretary of state
22 may accept the manufacturer's shipping weight of the vehicle
23 fully equipped for the use for which the registration application
24 is made. If the weight is not correctly stated or is not
25 satisfactory, the secretary of state shall determine the actual
26 weight. Each application for registration of a vehicle under
27 subdivisions (j) and (m) shall have attached to the application a
1 scale weight receipt of the vehicle fully equipped as of the time
2 the application is made. The scale weight receipt is not
3 necessary if there is presented with the application a
4 registration receipt of the previous year that shows on its face
5 the weight of the motor vehicle as registered with the secretary
6 of state and that is accompanied by a statement of the applicant
7 that there has not been a structural change in the motor vehicle
8 that has increased the weight and that the previous registered
9 weight is the true weight.
10 (2) A manufacturer is not exempted under this act from
11 paying ad valorem taxes on vehicles in stock or bond, except on
12 the specified number of motor vehicles registered. A dealer is
13 exempt from paying ad valorem taxes on vehicles in stock or bond.
14 (3) Until October 1, 2009, the tax for a vehicle with an
15 empty weight over 10,000 pounds imposed under subsection (1)(a)
16 and the taxes imposed under subsection (1)(c), (d), (e), (f),
17 (i), (j), (m), (o), and (p) are each increased as follows:
18 (a) A regulatory fee of $2.25 that shall be credited to the
19 traffic law enforcement and safety fund created in section 819a
20 and used to regulate highway safety.
21 (b) A fee of $5.75 that shall be credited to the
22 transportation administration collection fund created in section
23 810b.
24 (4) If a tax required to be paid under this section is not
25 received by the secretary of state on or before the expiration
26 date of the registration plate, the secretary of state shall
27 collect a late fee of $10.00 for each registration renewed after
1 the expiration date. An application for a renewal of a
2 registration using the regular mail and postmarked before the
3 expiration date of that registration shall not be assessed a late
4 fee. The late fee collected under this subsection shall be
5 deposited into the general fund.
6 (5) As used in this section:
7 (a) "Gross proceeds" means that term as defined in section 1
8 of the general sales tax act, 1933 PA 167, MCL 205.51, and
9 includes the value of the motor vehicle used as part payment of
10 the purchase price as that value is agreed to by the parties to
11 the sale, as evidenced by the signed agreement executed under
12 section 251.
13 (b) "List price" means the manufacturer's suggested base
14 list price as published by the secretary of state, or the
15 manufacturer's suggested retail price as shown on the label
16 required to be affixed to the vehicle under 15 USC 1232, if the
17 secretary of state has not at the time of the sale of the vehicle
18 published a manufacturer's suggested retail price for that
19 vehicle, or the purchase price of the vehicle if the
20 manufacturer's suggested base list price is unavailable from the
21 sources described in this subdivision.
22 (c) "Purchase price" means the gross proceeds received by
23 the seller in consideration of the sale of the motor vehicle
24 being registered.