HOUSE BILL No. 4961 June 24, 1997, Introduced by Rep. Godchaux and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 219, 233, 732, and 904 (MCL 257.217, 257.219, 257.233, 257.732, and 257.904), section 217 as amended by 1996 PA 59, section 219 as amended by 1985 PA 67, section 233 as amended by 1980 PA 398, section 732 as amended by 1996 PA 493, and section 904 as amended by 1994 PA 450; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 217. (1) An owner of a vehicle subject to registration 2 under this act shall apply to the secretary of state, upon an 3 appropriate form furnished by the secretary of state, for the 4 registration of the vehicle and issuance of a certificate of 5 title for the vehicle. Effective January 1, 1994, a vehicle 6 brought into this state from another state or jurisdiction that 02137'97 TJS 2 1 has a rebuilt, salvage, scrap, or comparable certificate of title 2 issued by that other state or jurisdiction shall be issued a 3 rebuilt, salvage, or scrap certificate of title by the secretary 4 of state. The application shall be accompanied by the required 5 fee. An application for a certificate of title shall bear the 6 signature of the owner written with pen and ink. The application 7 shall contain all of the following: 8 (a) The name, DRIVER LICENSE NUMBER, bona fide residence, 9 and mailing address ofthe owner orALL OWNERS OR LESSEES. 10 (B) THE FEDERAL IDENTIFICATION NUMBER AND business address 11 of a firm, association, or corporation. 12 (C)(b)A description of the vehicle including the make or 13 name, style of body, and model year; if the vehicle is a motor 14 vehicle, the number of miles, not including the tenths of a mile, 15 registered on the vehicle's odometer at the time of transfer; 16 whether the vehicle is to be or has been used as a taxi or police 17 vehicle, or by a political subdivision of this state; whether the 18 vehicle has previously been issued a salvage or rebuilt certifi- 19 cate of title from this state or a comparable certificate of 20 title from any other state or jurisdiction; vehicle identifica- 21 tion number; and the vehicle's weight fully equipped, if a pas- 22 senger vehicle registered pursuant to section 801(1)(a), and, if 23 a trailer coach or pickup camper, in addition to the weight, the 24 manufacturer's serial number, or in the absence of the serial 25 number, a number assigned by the secretary of state. A number 26 assigned by the secretary of state shall be permanently placed on 02137'97 3 1 the trailer coach or pickup camper in the manner and place 2 designated by the secretary of state. 3 (D)(c)A statement of the applicant's title and the names 4 and addresses of the holders of security interests in the vehicle 5 and in an accessory to the vehicle, in the order of their 6 priority. 7 (E)(d)Further information that the secretary of state 8 reasonably requires to enable the secretary of state to determine 9 whether the vehicle is lawfully entitled to registration and the 10 owner entitled to a certificate of title. If the secretary of 11 state is not satisfied as to the ownership of a late model vehi- 12 cle or other vehicle having a value over $2,500.00, before regis- 13 tering the vehicle and issuing a certificate of title, the secre- 14 tary of state may require the applicant to file a properly exe- 15 cuted surety bond in a form prescribed by the secretary of state 16 and executed by the applicant and a company authorized to conduct 17 a surety business in this state. The bond shall be in an amount 18 equal to twice the value of the vehicle as determined by the sec- 19 retary of state and shall be conditioned to indemnify or reim- 20 burse the secretary of state, any prior owner, and any subsequent 21 purchaser of the vehicle and their successors in interest against 22 any expense, loss, or damage, including reasonable attorney's 23 fees, by reason of the issuance of a certificate of title to the 24 vehicle or on account of any defect in the right, title, or 25 interest of the applicant in the vehicle. An interested person 26 has a right of action to recover on the bond for a breach of the 27 conditions of the bond, but the aggregate liability of the surety 02137'97 4 1 to all persons shall not exceed the amount of the bond. The bond 2 shall be returned at the end of 3 years, or before 3 years if the 3 vehicle is no longer registered in this state and the currently 4 valid certificate of title is surrendered to the secretary of 5 state, unless the secretary of state has received notification of 6 the pendency of an action to recover on the bond. If the secre- 7 tary of state is not satisfied as to the ownership of a vehicle 8 that is not a late model vehicle and whose value does not exceed 9 $2,500.00, the secretary of state shall require the applicant to 10 certify that the applicant is the owner of the vehicle and enti- 11 tled to register and title the vehicle. 12 (F)(e)Except as provided in subdivision(f)(G), an 13 application for a commercial vehicle shall also have attached a 14 scale weight receipt of the motor vehicle fully equipped as of 15 the time the application is made. A scale weight receipt may not 16 be necessary if there is presented with the application a regis- 17 tration receipt of the previous year that shows on its face the 18 empty weight of the motor vehicle as registered with the secre- 19 tary of state that is accompanied by a statement of the applicant 20 that there has not been structural change in the motor vehicle 21 which has increased the empty weight and that the previous regis- 22 tered weight is the true weight. 23 (G)(f)An application for registration of a vehicle on 24 the basis of elected gross weight shall include a declaration by 25 the applicant specifying the elected gross weight for which 26 application is being made. 02137'97 5 1 (H)(g)If the application is for a certificate of title 2 of a motor vehicle registered pursuant to section 801(1)(q), the 3 application shall include the manufacturer's suggested base list 4 price for the model year of the vehicle. Annually, the secretary 5 of state shall publish a list of the manufacturer's suggested 6 base list price for each vehicle being manufactured. Once a base 7 list price is published by the secretary of state for a model 8 year for a vehicle, the base list price shall not be affected by 9 subsequent increases in the manufacturer's suggested base list 10 price but shall remain the same throughout the model year unless 11 changed in the annual list published by the secretary of state. 12 If the secretary of state's list has not been published for that 13 vehicle by the time of the application for registration, the base 14 list price shall be the manufacturer's suggested retail price as 15 shown on the label required to be affixed to the vehicle under 16 section 3 of the automobile information disclosure act, Public 17 Law 85-506, 15 U.S.C. 1232. If the manufacturer's suggested 18 retail price is unavailable, the application shall list the pur- 19 chase price of the vehicle as defined in section 801(4). 20 (2) A dealer selling or exchanging vehicles required to be 21 titled, within 15 days after delivering a vehicle to the purchas- 22 er, and a person engaged in the sale of vessels required to be 23 numbered by part 801 (marine safety) of the natural resources and 24 environmental protection act,Act No. 451 of the Public Acts of251994, being sections 324.80101 to 324.80199 of the Michigan26Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199, within 15 27 days after delivering a boat trailer weighing less than 2,500 02137'97 6 1 pounds to the purchaser, shall apply to the secretary of state 2 for a new title, if required, and transfer or secure registration 3 plates and secure a certificate of registration for the vehicle 4 or boat trailer, in the name of the purchaser. The dealer's 5 license may be suspended or revoked as provided in section 249 6 for failure to apply for a title when required or for failure to 7 transfer or secure registration plates and certificate of regis- 8 tration within the 15 days required by this section. If the 9 dealer or person fails to apply for a title when required, and to 10 transfer or secure registration plates and secure a certificate 11 of registration and pay the required fees within 15 days of 12 delivery of the vehicle or boat trailer, a title and registration 13 for the vehicle or boat trailer may subsequently be acquired only 14 upon the payment of a transfer fee of $15.00 in addition to the 15 fees provided for in section 806. The purchaser of the vehicle 16 or boat trailer shall sign the application, including, when 17 applicable, the declaration specifying the maximum elected gross 18 weight, as required by subsection (1)(f), and other necessary 19 papers to enable the dealer or person to secure the title, regis- 20 tration plates, and transfers from the secretary of state. 21 (3) If a vehicle is delivered to a purchaser who has valid 22 Michigan registration plates that are to be transferred to the 23 vehicle, and an application for title, if required, and registra- 24 tion for the vehicle is not made before delivery of the vehicle 25 to the purchaser, the registration plates shall be affixed to the 26 vehicle immediately, and the dealer shall provide the purchaser 27 with an instrument in writing, on a form prescribed by the 02137'97 7 1 secretary of state, which shall serve as a temporary registration 2 for the vehicle for a period of 15 days from the date the vehicle 3 is delivered. 4 (4) An application for a certificate of title that indicates 5 the existence of a security interest in the vehicle or in an 6 accessory to the vehicle, if requested by the security interest 7 holder, shall be accompanied by a copy of the security agreement 8 which need not be signed. The request may be made of the seller 9 on an annual basis. The secretary of state shall indicate on the 10 copy the date and place of filing of the application and return 11 the copy to the person submitting the application who shall for- 12 ward it to the holder of the security interest named in the 13 application. 14 (5) If the seller does not prepare the credit information, 15 contract note, and mortgage, and the holder, finance company, 16 credit union, or banking institution requires the installment 17 seller to record the lien on the title, the holder, finance com- 18 pany, credit union, or banking institution shall pay the seller a 19 service fee of not more than $10.00. The service fee shall be 20 paid from the finance charges and shall not be charged to the 21 buyer in addition to the finance charges. The holder, finance 22 company, credit union, or banking institution shall issue its 23 check or bank draft for the principal amount financed, payable 24 jointly to the buyer and seller, and there shall be imprinted on 25 the back side of the check or bank draft the following: 26 "Under Michigan law, the seller must record a first lien in 27 favor of (name of lender) _______________ on the vehicle with 02137'97 8 1 vehicle identification number _______________ and title the 2 vehicle only in the name(s) shown on the reverse side." On the 3 front of the sales check or draft, the holder, finance company, 4 credit union, or banking institution shall note the name(s) of 5 the prospective owner(s). Failure of the holder, finance com- 6 pany, credit union, or banking institution to comply with these 7 requirements frees the seller from any obligation to record the 8 lien or from any liability that may arise as a result of the 9 failure to record the lien. A service fee shall not be charged 10 to the buyer. 11 (6) In the absence of actual malice proved independently and 12 not inferred from lack of probable cause, a person who in any 13 manner causes a prosecution for larceny of a motor vehicle; for 14 embezzlement of a motor vehicle; for any crime an element of 15 which is the taking of a motor vehicle without authority; or for 16 buying, receiving, possessing, or aiding in the concealment of a 17 stolen, embezzled, or converted motor vehicle knowing the motor 18 vehicle has been stolen, embezzled, or converted, is not liable 19 for damages in a civil action for causing the prosecution. This 20 subsectionshallDOES notbe construed torelieve a person 21 from proving any other element necessary to sustain his or her 22 cause of action. 23 Sec. 219. (1) The secretary of state shall refuse issuance 24 of a registration or a transfer of registration upon any of the 25 following grounds: 26 (a) The application contains a false or fraudulent 27 statement, the applicant has failed to furnish required 02137'97 9 1 information or reasonable additional information requested by the 2 secretary of state, or the applicant is not entitled to the reg- 3 istration of the vehicle under this act. 4 (b) The secretary of state has reasonable ground to believe 5 that the vehicle is a stolen or embezzled vehicle, or that the 6 granting of registration would constitute a fraud against the 7 rightful owner or other person having a valid lien upon the 8 vehicle. 9 (c) The registration of the vehicle is suspended or revoked 10 for any reason provided in the motor vehicle laws of this state. 11 (D) EXCEPT AS PROVIDED IN SECTIONS 625A, 904C, AND 904D, THE 12 OPERATOR'S OR CHAUFFEUR'S LICENSE OF THE OWNER, CO-OWNER, OR 13 LESSEE IS REVOKED OR SUSPENDED AT THE TIME OF THE APPLICATION. 14 THIS SUBDIVISION TAKES EFFECT JANUARY 1, 2000. 15 (E)(d)The required fee has not been paid. 16 (F)(e)The applicant, at the time of applying for regis- 17 tration or a transfer of registration other than a temporary reg- 18 istration issued pursuant to section 226b, fails to present a 19 certificate of compliance or waiver for a motor vehicle as 20 required underthe vehicle emissions inspection and maintenance21actEITHER PART 63 OR PART 65 OF THE NATURAL RESOURCES AND ENVI- 22 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.6301 TO 324.6321 23 AND 324.6501 TO 324.6539. 24 (G)(f)The application for registration of a vehicle with 25 an elected gross weight of 55,000 pounds or more is not accom- 26 panied with proof of payment of the federal highway use tax 02137'97 10 1 levied pursuant to the surface transportation assistance act of 2 1982, Public Law 97-424, 96 Stat. 2097. 3 (2) The secretary of state shall refuse issuance of a cer- 4 tificate of title or a salvage certificate of title upon any of 5 the following grounds: 6 (a) The application contains a false or fraudulent state- 7 ment, the applicant has failed to furnish required information or 8 reasonable additional information requested by the secretary of 9 state, or the applicant is not entitled to the issuance of a cer- 10 tificate of title or salvage certificate of title under this 11 act. 12 (b) The secretary of state has reasonable ground to believe 13 that the vehicle is a stolen or embezzled vehicle or that the 14 issuance of a certificate of title or a salvage certificate of 15 title would constitute a fraud against the rightful owner or 16 other person having a valid security interest upon the vehicle. 17 (c) The required fee has not been paid. 18 (D) EXCEPT AS PROVIDED IN SECTIONS 625A, 904C, AND 904D, THE 19 OPERATOR'S OR CHAUFFEUR'S LICENSE OF THE OWNER OR CO-OWNER IS 20 REVOKED OR SUSPENDED AT THE TIME OF THE APPLICATION. THIS SUBDI- 21 VISION TAKES EFFECT JANUARY 1, 2000. 22 Sec. 233. (1) If the owner of a registered vehicle trans- 23 fers or assigns the title or interest in the vehicle, the regis- 24 tration plates issued for the vehicle shall be removed and trans- 25 ferred to the owner's spouse, mother, father, sister, brother, or 26 child to whom title or interest in the vehicle is transferred, or 27 retained and preserved by the owner for transfer to another 02137'97 11 1 vehicle upon application and payment of the required fees. A 2 person shall not transfer the plates to a vehicle without apply- 3 ing for a proper certificate of registration describing the vehi- 4 cle to which the plates are being transferred except as provided 5 in section 217(2). If the owner of a registered vehicle acquires 6 another vehicle without transferring or assigning the title or 7 interest in the vehicle for which the plates were issued, the 8 owner may have the plates transferred to the subsequently 9 acquired vehicle upon application and payment of the required 10 fees. 11 (2) A PERSON SHALL NOT TRANSFER OR ATTEMPT TO TRANSFER 12 OWNERSHIP IN OR POSSESSION OF A VEHICLE ISSUED A TEMPORARY OR 13 RESTRICTED REGISTRATION PLATE UNDER THIS ACT WITH THE INTENT TO 14 AVOID THE ISSUANCE OF A RESTRICTED REGISTRATION PLATE FOR THAT 15 VEHICLE UNDER THIS ACT OR PURCHASE OR LEASE A VEHICLE OR AN 16 INTEREST IN A VEHICLE WITH THE INTENT TO CIRCUMVENT THE RESTRIC- 17 TIONS CREATED BY THE ISSUANCE OF A RESTRICTED REGISTRATION PLATE 18 UNDER THIS ACT. 19 (3) A PERSON SHALL NOT TRANSFER OR ATTEMPT TO TRANSFER 20 OWNERSHIP OR POSSESSION OF A VEHICLE SUBJECT TO IMMOBILIZATION OR 21 ORDERED IMMOBILIZED UNDER THIS ACT WITH THE INTENT TO AVOID IMMO- 22 BILIZATION OF THAT VEHICLE OR PURCHASE OR LEASE ANOTHER VEHICLE 23 OR AN INTEREST IN ANOTHER VEHICLE WITH THE INTENT TO CIRCUMVENT 24 THE RESTRICTIONS CREATED BY IMMOBILIZATION OF A VEHICLE UNDER 25 THIS ACT. 26 (4) DURING THE TIME A VEHICLE IS SUBJECT TO A TEMPORARY 27 REGISTRATION PLATE, RESTRICTED REGISTRATION PLATE, OR 02137'97 12 1 IMMOBILIZATION UNDER THIS ACT, A PERSON SHALL NOT WITHOUT A COURT 2 ORDER TRANSFER OR ASSIGN THE TITLE OR AN INTEREST IN THE VEHICLE 3 TO A PERSON WHO IS NOT SUBJECT TO PAYMENT OF A USE TAX UNDER SEC- 4 TION 3 OF THE USE TAX ACT, 1937 PA 94, MCL 205.93. 5 (5) A PERSON WHO VIOLATES SUBSECTION (2), (3), OR (4) IS 6 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 7 YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH. 8 (6)(2)If the assigned holder of registration plates 9makes an applicationAPPLIES for a new registration certifi- 10 cate, the application shall be accompanied either by the old reg- 11 istration certificate or by a certificate of title showing the 12 person to be the assigned holder of the registration plates for 13 which the old registration certificate had been issued. 14 (7)(3)A person who fails or neglects to fulfill the pro- 15 visions of subsection(2)(6) is guilty of a misdemeanor 16 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF 17 NOT MORE THAN $100.00, OR BOTH. 18 (8)(4)The owner shall indorse on the back of the certif- 19 icate of title an assignment of the title with warranty of title 20 in the form printed on the certificate with a statement of all 21 security interests in the vehicle or in accessories on the vehi- 22 cle and deliver or cause the certificate to be mailed or deliv- 23 ered to the purchaser or transferee at the time of the delivery 24 to the purchaser or transferee of the vehicle. The certificate 25 shall show the payment or satisfaction of any security interest 26 as shown on the original title. 02137'97 13 1 (9)(5)Upon the delivery of a motor vehicle and the 2 transfer, sale, or assignment of the title or interest in a motor 3 vehicle by a person, including a dealer, the effective date of 4 the transfer of title or interest in the vehicle shall be the 5 date of execution of either the application for title or the cer- 6 tificate of title. 7 Sec. 732. (1) Each municipal judge and each clerk of a 8 court of record shall keep a full record of every case in which a 9 person is charged with or cited for a violation of this act or a 10 local ordinance substantially corresponding to this act regulat- 11 ing the operation of vehicles on highways. Except as provided in 12 subsection (15), the municipal judge or clerk of the court of 13 record shall prepare and forward to the secretary of state an 14 abstract of the court record as follows: 15 (a) Within 14 days after a conviction, forfeiture of bail, 16 or entry of a civil infraction determination or default judgment 17,upon a charge of or citation for violating this act or a 18 local ordinance SUBSTANTIALLY corresponding to this act regulat- 19 ing the operation of vehicles on highways. 20 (b) Immediately for each case charging a violation of 21 section 625(1), (3), (4), (5), or (6),or a local ordinance 22 substantially corresponding to section 625(1), (3), or (6) in 23 which the charge is dismissed or the defendant is acquitted. 24 (2) If a city or village department, bureau, or person is 25 authorized to accept a payment of money as a settlement for a 26 violation of a local ordinance SUBSTANTIALLY corresponding to 27 this act, the city or village department, bureau, or person shall 02137'97 14 1 send a full report of each case in which a person pays any amount 2 of money to the city or village department, bureau, or person to 3 the secretary of state upon a form prescribed by the secretary of 4 state. 5 (3) The abstract or report required under this section shall 6 be made upon a form furnished by the secretary of state. An 7 abstract shall be certified by signature, stamp, or facsimile 8 signature of the person required to prepare the abstract as 9 correct. An abstract or report shall include all of the 10 following: 11 (a) The name, address, and date of birth of the person 12 charged or cited. 13 (b) The number of the person's operator's or chauffeur's 14 license, if any. 15 (c) The date and nature of the violation. 16 (d) The type of vehicle driven at the time of the violation 17 and, if the vehicle is a commercial motor vehicle, that vehicle's 18 group designation and indorsement classification. 19 (e) The date of the conviction, finding, forfeiture, judg- 20 ment, or civil infraction determination. 21 (f) Whether bail was forfeited. 22 (g) Any license revocation, restriction, suspension, or 23 denial ordered by the courtpursuant toUNDER this act. 24 (H) THE VEHICLE IDENTIFICATION NUMBER OF ALL VEHICLES WHOSE 25 OPERATION IS RESTRICTED, ASSIGNED A RESTRICTED REGISTRATION 26 PLATE, IMMOBILIZED, OR FORFEITED, AND OF ALL VEHICLES OWNED OR 27 LEASED BY THE PERSON. 02137'97 15 1 (I)(h)Other information considered necessary to the 2 secretary of state. 3 (4) The clerk of the court also shall forward an abstract of 4 the court record to the secretary of state upon a person's con- 5 viction involving any of the following: 6 (a) A violation of section 413, 414, or 479a of the Michigan 7 penal code,Act No. 328 of the Public Acts of 1931, being sec-8tions 750.413, 750.414, and 750.479a of the Michigan Compiled9Laws1931 PA 328, MCL 750.413, 750.414, AND 750.479A. 10 (b) A violation of section 1 ofAct No. 214 of the Public11Acts of 1931, being section 752.191 of the Michigan Compiled12Laws1931 PA 214, MCL 752.191. 13 (c) Negligent homicide, manslaughter, or murder resulting 14 from the operation of a motor vehicle. 15 (d) A violation of section 33b of the Michigan liquor con- 16 trol act,Act No. 8 of the Public Acts of the Extra Session of171933, being section 436.33b of the Michigan Compiled Laws1933 18 (EX SESS) PA 8, MCL 436.33B, or a local ordinance substantially 19 corresponding to that section. 20 (e) An attempt to violate, a conspiracy to violate, or a 21 violation of part 74 or section 17766a of the public health code, 22Act No. 368 of the Public Acts of 1978, being sections 333.740123to 333.7461 and 333.17766a of the Michigan Compiled Laws1978 PA 24 368, MCL 333.7401 TO 333.7461 AND 333.17766A, or a local ordi- 25 nance that prohibits conduct prohibited under part 74 or section 26 17766a ofAct No. 368 of the Public Acts of 1978THE PUBLIC 27 HEALTH CODE, 1978 PA 368, MCL 333.7401 TO 333.7461 AND 02137'97 16 1 333.17766A, unless the convicted person is sentenced to life 2 imprisonment or a minimum term of imprisonment that exceeds 1 3 year for the offense. 4 (f) An attempt to commitany of the offensesAN OFFENSE 5 described in subdivisions (a) to (d). 6 (5) As used in subsections (6) to (8), "felony in which a 7 motor vehicle was used" means a felony during the commission of 8 which the person operated a motor vehicle and while operating the 9 vehicle presented real or potential harm to persons or property 10 and 1 or more of the following circumstances existed: 11 (a) The vehicle was used as an instrument of the felony. 12 (b) The vehicle was used to transport a victim of the 13 felony. 14 (c) The vehicle was used to flee the scene of the felony. 15 (d) The vehicle was necessary for the commission of the 16 felony. 17 (6) If a person is charged with a felony in which a motor 18 vehicle was used, other than a felony specified in subsection (4) 19 or section 319(1)(a) to (e), the prosecuting attorney shall 20 include the following statement on the complaint and information 21 filed in district or circuit court: 22 "You are charged with the commission of a felony in which a 23 motor vehicle was used. If you are convicted and the judge finds 24 that the conviction is for a felony in which a motor vehicle was 25 used, as defined in section 319 of the Michigan vehicle code, 26Act No. 300 of the Public Acts of 1949, being section 257.319 of02137'97 17 1the Michigan Compiled Laws1949 PA 300, MCL 257.319, your 2 driver's license shall be suspended by the secretary of state.". 3 (7) If a juvenile is accused of an act, the nature of which 4 constitutes a felony in which a motor vehicle was used, other 5 than a felony specified in subsection (4) or section 319(1)(a) to 6 (e), the prosecuting attorney,orjuvenile division of the pro- 7 bate court, OR FAMILY DIVISION OF CIRCUIT COURT shall include the 8 following statement on the petition filed in theprobate9 court: 10 "You are accused of an act the nature of which constitutes a 11 felony in which a motor vehicle was used. If the accusation is 12 found to be true and the judge or referee finds that the nature 13 of the act constitutes a felony in which a motor vehicle was 14 used, as defined in section 319 of the Michigan vehicle code, 15Act No. 300 of the Public Acts of 1949, being section 257.319 of16the Michigan Compiled Laws1949 PA 300, MCL 257.319, your 17 driver's license shall be suspended by the secretary of state.". 18 (8) If the judge orjuvenile courtreferee determines as 19 part of the sentence or disposition that the felony for which the 20 defendant was convicted or adjudicated and with respect to which 21 notice was givenpursuant toUNDER subsection (6) or (7) is a 22 felony in which a motor vehicle was used, the clerk of the court 23 shall forward an abstract of the court record of that conviction 24 to the secretary of state. 25 (9) As used in subsections (10) and (11), "felony in which a 26 commercial motor vehicle was used" means a felony during the 27 commission of which the person operated a commercial motor 02137'97 18 1 vehicle and while the person was operating the vehicle 1 or more 2 of the following circumstances existed: 3 (a) The vehicle was used as an instrument of the felony. 4 (b) The vehicle was used to transport a victim of the 5 felony. 6 (c) The vehicle was used to flee the scene of the felony. 7 (d) The vehicle was necessary for the commission of the 8 felony. 9 (10) If a person is charged with a felony in which a commer- 10 cial motor vehicle was used and for which a vehicle group desig- 11 nation on a license is subject to suspension or revocation under 12 section 319b(1)(c)(iii), 319b(1)(d), or319b(1)(e)(iii) or (vi)13 319B(1)(E)(v) OR (viii), the prosecuting attorney shall include 14 the following statement on the complaint and information filed in 15 district or circuit court: 16 "You are charged with the commission of a felony in which a 17 commercial motor vehicle was used. If you are convicted and the 18 judge finds that the conviction is for a felony in which a com- 19 mercial motor vehicle was used, as defined in section 319b of the 20 Michigan vehicle code,Act No. 300 of the Public Acts of 1949,21being section 257.319b of the Michigan Compiled Laws1949 PA 22 300, MCL 257.319B, all vehicle group designations on your 23 driver's license shall be suspended or revoked by the secretary 24 of state.". 25 (11) If the judge determines as part of the sentence that 26 the felony for which the defendant was convicted and with respect 27 to which notice was givenpursuant toUNDER subsection (10) is 02137'97 19 1 a felony in which a commercial motor vehicle was used, the clerk 2 of the court shall forward an abstract of the court record of 3 that conviction to the secretary of state. 4 (12) Every person required to forward abstracts to the sec- 5 retary of state under this section shall certify for the period 6 from January 1 through June 30 and for the period from July 1 7 through December 31 that all abstracts required to be forwarded 8 during the period have been forwarded. The certification shall 9 be filed with the secretary of state not later than 28 days after 10 the end of the period covered by the certification. The certifi- 11 cation shall be made upon a form furnished by the secretary of 12 state and shall include all of the following: 13 (a) The name and title of the person required to forward 14 abstracts. 15 (b) The court for which the certification is filed. 16 (c) The time period covered by the certification. 17 (d) The following statement: 18 "I certify that all abstracts required by section 732 of the 19 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period 20 __________ through __________ have been forwarded to the secre- 21 tary of state.". 22 (e) Other information the secretary of state considers 23 necessary. 24 (f) The signature of the person required to forward 25 abstracts. 02137'97 20 1 (13) The failure, refusal, or neglect of a person to comply 2 with this section constitutes misconduct in office and is grounds 3 for removal from office. 4 (14) Except as provided in subsection (15), the secretary of 5 state shall keep all abstracts received under this section at the 6 secretary of state's main office and the abstracts shall be open 7 for public inspection during the office's usual business hours. 8 Each abstract shall be entered upon the master driving record of 9 the person to whom it pertains. 10 (15) Except for controlled substance offenses described in 11 subsection (4), the court shall not submit, and the secretary of 12 state shall discard and not enter on the master driving record, 13 an abstract for a conviction or civil infraction determination 14 for any of the following violations: 15 (a) The parking or standing of a vehicle. 16 (b) A nonmoving violation that is not the basis for the sec- 17 retary of state's suspension, revocation, or denial of an 18 operator's or chauffeur's license. 19 (c) A violation of chapter II that is not the basis for the 20 secretary of state's suspension, revocation, or denial of an 21 operator's or chauffeur's license. 22 (d) Except for a violation of section 33b(1) or (2) ofAct23No. 8 of the Public Acts of the Extra Session of 19331933 (EX 24 SESS) PA 8, MCL 436.33B, or a local ordinance substantially cor- 25 responding to section 33b(1) or (2) ofAct No. 8 of the Public26Acts of the Extra Session of 19331933 (EX SESS) PA 8, MCL 27 436.33B, or section 624a or 624b or a local ordinance 02137'97 21 1 substantially corresponding to section 624a or 624b, a 2 pedestrian, passenger, or bicycle violation. 3 (e) A violation of section 710e or a local ordinance sub- 4 stantially corresponding to section 710e. 5 (16) The secretary of state shall discard and not enter on 6 the master driving record an abstract for a bond forfeiture that 7 occurred outside this state. However, the secretary of state 8 shall retain and enter on the master driving record an abstract 9 of an out-of-state bond forfeiture for an offense that occurred 10 after January 1, 1990 in connection with the operation of a com- 11 mercial motor vehicle. 12 (17) The secretary of state shall inform the courts of this 13 state of the nonmoving violations and violations of chapter II 14 that are used by the secretary of state as the basis for the sus- 15 pension, restriction, revocation, or denial of an operator's or 16 chauffeur's license. 17 (18) If a conviction or civil infraction determination is 18 reversed upon appeal, the person whose conviction or determina- 19 tion has been reversed may serve on the secretary of state a cer- 20 tified copy of the order of reversal. The secretary of state 21 shall enter the order in the proper book or index in connection 22 with the record of the conviction or civil infraction 23 determination. 24 (19) The secretary of state may permit a city or village 25 department, bureau, person, or court to modify the requirement as 26 to the time and manner of reporting a conviction, civil 27 infraction determination, or settlement to the secretary of state 02137'97 22 1 if the modification will increase the economy and efficiency of 2 collecting and utilizing the records. If the permitted abstract 3 of court record reporting a conviction, civil infraction determi- 4 nation, or settlement originates as a part of the written notice 5 to appear, authorized in section 728(1) or 742(1), the form of 6 the written notice and report shall be as prescribed by the sec- 7 retary of state. 8 (20) Except as provided in this act and notwithstanding any 9 other provision of law, a court shall not order expunction of any 10 violation reportable to the secretary of state under this 11 section. 12 Sec. 904. (1) A person whose operator's or chauffeur's 13 license or registration certificate has been suspended or revoked 14 and who has been notified as provided in section 212 of that sus- 15 pension or revocation, whose application for license has been 16 denied, or who has never applied for a license, shall not operate 17 a motor vehicle upon a highway or other place open to the general 18 public or generally accessible to motor vehicles, including an 19 area designated for the parking of motor vehicles,withing20 WITHIN this state. A person shall not knowingly permit a motor 21 vehicle owned by the person to be operated upon a highway or 22 other place open to the general public or generally accessible to 23 motor vehicles, including an area designated for the parking of 24 vehicles, within this state by a person whose license or regis- 25 tration certificate is suspended or revoked, whose application 26 for license has been denied, or who has never applied for a 27 license, except as permitted under this act. A person who 02137'97 23 1 violates this subsection is guilty of a misdemeanor punishable as 2 follows: 3 (a) For a first violation, by imprisonment for not more than 4 90 days or a fine of not more than $500.00, or both. Unless the 5 vehicle was stolen or used with the permission of a person who 6 did not knowingly permit an unlicensed driver to operate the 7 vehicle, the registration plates of the vehicle shall be 8cancelledCANCELED by the secretary of state upon notification 9 by a court. 10 (b) For a second or subsequent violation, by imprisonment 11 for not more than 1 year or a fine of not more than $1,000.00, or 12 both. Unless the vehicle was stolen, the registration plates of 13 the vehicle shall becancelledCANCELED by the secretary of 14 state upon notification by a court. 15 (2) Upon receiving a record of a person's conviction OR 16 CIVIL INFRACTION DETERMINATION for THE unlawful operation of a 17 motor vehicle OR A MOVING VIOLATION OF THIS ACT OR A LOCAL ORDI- 18 NANCE SUBSTANTIALLY CORRESPONDING TO THIS ACT while the person's 19 OPERATOR'S OR CHAUFFEUR'S license is suspended or revoked,or of20a person's conviction or civil infraction determination for a21moving violation of the vehicle laws of this state or a political22subdivision of this state while the person's license is suspended23or revoked,the secretary of state immediately shall extend the 24 period of the first suspension or revocation for an additional 25 like period. This subsection applies only if the violation 26 occurs during a suspension of definite length or if the violation 02137'97 24 1 occurs before the person is approved for a license following a 2 revocation. 3 (3) UPON RECEIVING A RECORD OF A PERSON'S CONVICTION OR 4 CIVIL INFRACTION DETERMINATION FOR THE UNLAWFUL OPERATION OF A 5 MOTOR VEHICLE OR A MOVING VIOLATION OF THIS ACT OR A LOCAL ORDI- 6 NANCE SUBSTANTIALLY CORRESPONDING TO THIS ACT WHILE THE PERSON'S 7 OPERATOR'S OR CHAUFFEUR'S LICENSE IS INDEFINITELY SUSPENDED OR 8 WHOSE APPLICATION FOR A LICENSE HAS BEEN DENIED, THE SECRETARY OF 9 STATE IMMEDIATELY SHALL IMPOSE AN ADDITIONAL 30-DAY PERIOD OF 10 SUSPENSION OR DENIAL. 11 (4)(3)Upon receiving a record of the conviction, bond 12 forfeiture, or a civil infraction determination of a person for 13 unlawful operation of a motor vehicle requiring aclass 1, class142, or class 3 indorsement orvehicle group designation while the 15indorsement ordesignation is suspended pursuant to section 16 319a or 319b, or revoked, the secretary of state immediately 17 shall extend the period of suspension or revocation for an addi- 18 tional like period. This subsection applies only if the viola- 19 tion occurs during a suspension of definite length, if the viola- 20 tion occurs before the person is approved for a license following 21 a revocation, or if the person operates a commercial vehicle 22 while disqualified under the commercial motor vehicle safety act 23 of 1986, title XII of Public Law 99-570, 100 Stat. 3207-170. 24 (5)(4)If the secretary of state receives records of more 25 than 1 conviction or civil infraction determination resulting 26 from the same incident, all of the convictions or civil 27 infraction determinations shall be treated as a single violation 02137'97 25 1 for purposes of extending the period of suspension or revocation 2 under subsection (2),or(3), OR (4). 3 (6)(5)Before a person is arraigned before a district 4 court magistrate or judge on a charge of violating this section, 5 the arresting officer shall obtain the person's driving record 6 from the secretary of state and shall furnish the record to the 7 court. The driving record of the person may be obtained from the 8 secretary of state's computer information network. 9 (7)(6)This section does not apply to a person who oper- 10 ates a vehicle solely for the purpose of protecting human life or 11 property if the life or property is endangered and summoning 12 prompt aid is essential. 13 (8)(7)A person whose vehicle group designation is sus- 14 pended or revoked and who has been notified as provided in sec- 15 tion 212 of that suspension or revocation, or whose application 16 for a vehicle group designation has been denied as provided in 17 this act, or who has never applied for a vehicle group designa- 18 tion and who operates a commercial motor vehicle within this 19 state, except as permitted under this act, while any of those 20 conditions exist is guilty of a misdemeanor punishable, except as 21 otherwise provided in this section, by imprisonment for not less 22 than 3 days or more than 90 days or a fine of not more than 23 $100.00, or both. 24 (9) IN ADDITION TO ANY PENALTY IMPOSED UNDER THIS SECTION, 25 THE COURT MAY IMPOSE PERMITTED SANCTIONS AND SHALL IMPOSE 26 REQUIRED SANCTIONS UNDER SECTION 904C. 02137'97 26 1 Enacting section 1. Section 904b of the Michigan vehicle 2 code, 1949 PA 300, MCL 257.904b, is repealed. 3 Enacting section 2. This amendatory act shall not take 4 effect unless both of the following bills of the 89th Legislature 5 are enacted into law: 6 (a) Senate Bill No. ________ or House Bill No. ________ 7 (request no. 02138'97). 8 (b) Senate Bill No. ________ or House Bill No. ________ 9 (request no. 02139'97). 02137'97 Final page. TJS