Bill Text: MI HB5037 | 2011-2012 | 96th Legislature | Introduced


Bill Title: Environmental protection; solid waste; sale of retread tires; impose fee for recycling and cleanup. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 176.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-10-06 - Printed Bill Filed 10/06/2011 [HB5037 Detail]

Download: Michigan-2011-HB5037-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5037

 

October 5, 2011, Introduced by Rep. Geiss and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding part 176.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 176 RETREAD TIRES

 

     Sec. 17601. As used in this part:

 

     (a) "Department" means the department of treasury.

 

     (b) "Tire" means a continuous solid or pneumatic rubber

 

covering designed to encircle the wheel of a motor vehicle designed

 

for on-road use.

 

     (c) "Retread tire" means a used tire whose casing has been

 

retreaded, recapped, or recased.

 

     (d) "Retail seller" means a person who sells a retread tire in

 

a retail transaction in the normal course of business.

 

     Sec. 17603. (1) Except as provided in subsection (2), a fee of


 

$5.00 is imposed for each retread tire sold by a retail seller.

 

     (2) A retail seller shall add the amount of the fee imposed by

 

subsection (1) to the total price of the goods or services sold and

 

shall indicate the fee separately on any sales receipt, invoice, or

 

other record of the sale of the retread tire.

 

     (3) A retail seller shall collect the fee imposed by

 

subsection (1) from the purchaser. Not later than 30 days after the

 

last day of a calendar quarter in which a fee is collected under

 

this subsection by a retail seller, the retail seller shall remit

 

the collected fees to the department with a completed return on a

 

form prescribed by the department.

 

     (4) A retail seller shall keep at its principal place of

 

business a record of all of the following, reported on a quarterly

 

basis:

 

     (a) The total number of retread tires that the retail seller

 

acquired for sale at retail.

 

     (b) The total number of retread tires that the retail seller

 

sold.

 

     (c) The amount of fees collected under subsection (3).

 

     Sec. 17605. (1) The fee imposed by this part shall be

 

administered by the department pursuant to 1941 PA 122, MCL 205.1

 

to 205.31, and this part. If the provisions of 1941 PA 122, MCL

 

205.1 to 205.31, and this part conflict, the provisions of this

 

part apply.

 

     (2) The department may promulgate rules to implement this part

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.


 

     (3) Money collected by the department under section 17603

 

shall be deposited into the environmental protection fund created

 

in section 503a and expended by the department of environmental

 

quality upon appropriation only to support retread tire recycling,

 

cleanup of roadside waste from deteriorated retread tires, and

 

other recycling and litter cleanup in this state.

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