SB-0265, As Passed Senate, June 4, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 265

 

 

March 14, 2013, Introduced by Senators JONES, CASPERSON and MARLEAU and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 801j (MCL 257.801j), as added by 2012 PA 498.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 801j. (1) In Except as otherwise provided in subsection

 

(6), in addition to the required vehicle registration tax under

 

section 801(1)(p), a regional transit authority created under the

 

regional transit authority act, 2012 PA 387, MCL 124.541 to

 

124.558, may charge an additional tax on vehicle registrations

 

issued to residents of a public transit region of not more than

 

$1.20 for each $1,000.00 or fraction of $1,000.00 of the vehicle's

 

list price as used in calculating the tax under section 801(1)(p).

 

The authority may charge the additional tax only upon the approval


 

of a majority of the electors in a public transit region voting on

 

the tax at an election held on the regular November election date

 

as provided in section 641(1)(d) of the Michigan election law, 1954

 

PA 116, MCL 168.641.

 

     (2) In addition to any other requirements imposed by law, the

 

ballot question proposing authorization of the tax under subsection

 

(1) shall specify how the proceeds of the tax shall be expended.

 

     (3) The tax collected under this section shall only be used by

 

the regional transit authority for comprehensive transportation

 

purposes as defined by law for purposes of section 9 of article IX

 

of the state constitution of 1963.

 

     (4) A proposal for a tax under this section shall not be

 

placed on the ballot under subsection (1) unless the proposal is

 

adopted by a resolution of the board of directors of the regional

 

transit authority and certified by the board of directors not later

 

than 70 days before the election to the county clerk of each county

 

within the public transit region for inclusion on the ballot.

 

     (5) If Except as otherwise provided in subsection (6), if a

 

majority of voters in a public transit region approve a tax under

 

subsection (1), no later than 1 year after voter approval, the

 

secretary of state shall collect the tax on all vehicles registered

 

to residents of the public transit region under section 801(1)(p)

 

and shall credit the tax collected to the regional transit

 

authority, minus necessary collection expenses as provided in

 

section 9 of article IX of the state constitution of 1963.

 

Necessary collection expenses incurred by the secretary of state

 

under this subsection shall be based upon an established cost


 

allocation methodology.

 

     (6) This section does not apply to a company test vehicle. As

 

used in this subsection, "company test vehicle" means a vehicle

 

that is owned by a manufacturer and that satisfies 1 or both of the

 

following:

 

     (a) The vehicle is part of a product testing program as

 

defined by the United States department of treasury under treas.

 

reg. 1.132-5(n)(2001).

 

     (b) The vehicle is furnished by the manufacturer to an

 

employee of the manufacturer for the purpose of testing, evaluating

 

product quality and performance, reporting defects, or suggesting

 

product or production improvements as an ordinary and necessary

 

business expense of the manufacturer.