SENATE BILL NO. 941
February 25, 1998, Introduced by Senators BULLARD, NORTH,
O'BRIEN, V. SMITH, HART, STEIL, DUNASKISS, BOUCHARD,
ROGERS, SHUGARS and JAYE and referred to the Committee on Transportation and Tourism.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 41a, 226a, 248, 251, 801, and 807 (MCL
257.41a, 257.226a, 257.248, 257.251, 257.801, and 257.807), sec-
tions 41a, 248, 251, and 807 as amended by 1993 PA 300, section
226a as amended by 1996 PA 59, and section 801 as amended by 1997
PA 80.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 41a. "Police book" means a hardcover, bound volume OR
2 A RECORD IN A FORM PRESCRIBED BY THE SECRETARY OF STATE that pro-
3 vides a bought and sold record for each vehicle handled by a
4 dealer, contains the information required by section 251, and
5 includes any other information required by law or the secretary
6 of state.
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1 Sec. 226a. (1) Temporary registration plates or markers may
2 be issued to licensed dealers in vehicles and to persons engaged
3 in the sale of vessels required to be numbered by part 801
4 (marine safety) of the natural resources and
environmental pro-
5 tection act, Act No. 451 of the Public Acts of 1994, being
sec-
6 tions 324.80101 to 324.80199 of the Michigan Compiled Laws
1994
7 PA 451, MCL 324.80101 TO 324.80199, upon application accompanied
8 by the proper fee, for use by purchasers of vehicles, for not to
9 exceed 15 days pending receipt of regular registration plates
10 from the dealer or person.
11 Only 1 temporary plate or marker may be issued to a pur-
12 chaser of a vehicle. IF A DEALER OR PERSON REQUIRES A PURCHASER
13 OF A VEHICLE OR VESSEL TO PAY FOR A TEMPORARY PLATE OR MARKER,
14 THE DEALER OR PERSON SHALL NOT CHARGE THE PURCHASER MORE THAN THE
15 DEALER OR PERSON WAS CHARGED BY THE SECRETARY OF STATE FOR THE
16 INDIVIDUAL PLATE OR MARKER. The temporary registration plates or
17 markers shall be made of such material and design as the secre-
18 tary of state shall determine.
19 (2) A temporary registration plate or marker shall show in
20 ink the date of issue, a description of the vehicle for which
21 issued, and such other information as the secretary of state may
22 require. A dealer or person shall immediately notify the secre-
23 tary of state of each temporary registration plate or marker
24 issued by the dealer or person, on a form prescribed by the sec-
25 retary of state. Upon the attachment of the regular plate to a
26 vehicle for which a temporary registration plate or marker has
27 been issued, the temporary plate shall be destroyed.
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1 (3) All temporary registration plates or markers shall be
2 serially numbered and upon issuance the number shall be noted on
3 the statement of vehicle sale form or in the case of a boat
4 trailer on a form prescribed by the secretary of state.
5 (4) A dealer or person, upon demand, shall immediately sur-
6 render any temporary registration plates or markers in his or her
7 possession if the secretary of state finds, after investigation,
8 that the dealer or person has violated this section, and the
9 dealer or person shall immediately forfeit any right to the tem-
10 porary registration plates or markers.
11 (5) Registration plates may be issued upon application and
12 payment of the proper fee to an individual, partnership, corpora-
13 tion, or association who in the ordinary course of business has
14 occasion to legally repossess a vehicle in which a security
15 interest is held. A registration plate issued pursuant to this
16 subsection shall be used to move and dispose of a vehicle.
17 (6) Registration plates may be issued upon application and
18 payment of the proper fee to an individual, partnership, corpora-
19 tion, or association who in the ordinary course of business has
20 occasion to legally pick up or deliver a vehicle not required to
21 be titled under this act, or to repair or service a vehicle, or
22 to persons defined as dealers under part 801 of Act No. 451 of
23 the Public Acts of 1994, for the purpose of delivering a vessel
24 or trailer to a customer or to and from a boat show or
25 exposition. A registration plate issued under this subsection
26 shall be used to move such a vehicle.
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1 (7) Registration plates may be issued upon application and
2 payment of the proper fee to an individual, partnership,
3 corporation, or association who in the ordinary course of busi-
4 ness operates an auto auction, and who in the ordinary course of
5 business has occasion to legally pick up a vehicle which will be
6 offered for sale at the auction, or deliver a vehicle which has
7 been offered for sale at the auction. Such registration plates
8 shall be used only to move vehicles as provided in this
9 subsection. Auto auctions that make application for such regis-
10 tration plates shall furnish a surety bond as may be required by
11 the secretary of state.
12 Sec. 248. (1) A person shall not carry on or conduct
the
13 business of buying, selling, brokering, or dealing in
vehicles of
14 a type required to be titled under this act unless the
person
15 obtains a dealer license from the secretary of state
authorizing
16 the carrying on or conducting of that business. Until July
1,
17 1994, a person shall not carry on or conduct the business of
18 buying, selling, brokering, or dealing in distressed, late
model
19 motor vehicles or salvageable parts unless the person
obtains a
20 used or secondhand vehicle parts dealer license from the
secre-
21 tary of state or is an insurance company admitted to conduct
22 business in this state, except that a motor vehicle repair
facil-
23 ity registered under the motor vehicle service and repair
act,
24 Act No. 300 of the Public Acts of 1974, being sections
257.1301
25 to 257.1340 of the Michigan Compiled Laws, may purchase
salvagea-
26 ble parts and salvage vehicles for the purposes of using
acquired
27 parts and vehicles in the repair of other vehicles. A
person
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1 shall not carry on or conduct the business of buying
vehicles to
2 process into scrap metal or store or display vehicles as an
agent
3 or escrow agent of an insurance company unless the person
obtains
4 a dealer license from the secretary of state. A vehicle
scrap
5 metal processor who does not purchase vehicles from
unlicensed
6 persons is not required to obtain a dealer license. Until
July
7 1, 1994, a person from another state shall not purchase,
sell, or
8 otherwise deal in distressed, late model motor vehicles or
sal-
9 vageable parts unless the person obtains a foreign salvage
vehi-
10 cle dealer license from the secretary of state as prescribed
11 under section 248b. The secretary of state shall
investigate and
12 seek prosecution, if necessary, of persons allegedly
conducting a
13 business without a license. This subsection applies until
July
14 1, 1994.
15 (2) The application for a dealer license shall be in
the
16 form prescribed by the secretary of state and shall be
signed by
17 the applicant. In addition to other information as may be
18 required by the secretary of state, the application shall
include
19 all of the following:
20 (a) Name of applicant.
21 (b) Location of applicant's established place of
business in
22 this state.
23 (c) The name under which business is to be conducted.
24 (d) If the business is a corporation, the state of
25 incorporation.
26 (e) Name and address of each owner or partner and, if a
27 corporation, the name of the principal officers.
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1 (f) The county in which the business is to be conducted
and
2 the address of each place of business in that county.
3 (g) If new vehicles are to be sold, the make to be
handled.
4 Each new vehicle dealer shall send with the application for
5 license a certification that the dealer holds a bona fide
con-
6 tract to act as factory representative, factory distributor,
or
7 distributor representative to sell at retail the make of
vehicle
8 to be sold.
9 (h) A statement of the previous history, record, and
associ-
10 ations of the applicant and of each owner, partner, officer,
and
11 director, which statement shall be sufficient to establish
to the
12 satisfaction of the secretary of state the business
reputation
13 and character of the applicant.
14 (i) A statement showing whether the applicant has
previously
15 applied for a license, the result of the application, and
whether
16 the applicant has ever been the holder of a dealer license
which
17 was revoked or suspended.
18 (j) If the applicant is a corporation or partnership, a
19 statement showing whether a partner, employee, officer, or
direc-
20 tor has been refused a license or has been the holder of a
21 license which was revoked or suspended.
22 (k) Until July 1, 1994, if the application is for a
used or
23 secondhand vehicle parts dealer, all of the following:
24 (i) Evidence that the applicant maintains or
will maintain
25 an established place of business.
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1 (ii) Evidence that the applicant maintains or
will maintain
2 a police book and vehicle parts purchase and sales records
as
3 required under this act.
4 (iii) Evidence of workers' compensation
insurance coverage
5 for employees classified under the standard industrial
classifi-
6 cation number 4015, entitled "motor vehicle parts -- used"
or
7 under the national council on compensation insurance code
number
8 3821, entitled "automobile dismantling", if applicable.
9 (3) A person shall make a separate application for a
dealer
10 license for each county in which business is to be
conducted, and
11 a dealer, before moving 1 or more of his or her places of
busi-
12 ness or opening an additional place of business, shall apply
to
13 the secretary of state for and obtain a supplemental dealer
14 license for which a fee shall not be charged. The dealer
license
15 entitles the dealer to conduct in the county covered by the
16 license the business of buying, selling, and dealing in
17 vehicles. This subsection does not apply to a person
licensed as
18 a foreign salvage vehicle dealer under section 248b. This
sub-
19 section applies until July 1, 1994.
20 (4) The secretary of state may divide the calendar year
into
21 quarters and the total number of dealer licensees into
approxi-
22 mately convenient quarter segments. Each dealer license
granted
23 under subsection (1) shall expire on the last day of the
month in
24 the quarter for the business year in which the license was
issued
25 and may be renewed upon application and payment of the fee
26 required by section 807.
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1 (1) (5) A DEALER license shall not be
granted UNDER THIS
2 SECTION until an investigation is made of the applicant's
3 qualifications under this act, except that this subsection does
4 not apply to license renewals. The secretary of state shall make
5 the investigation within 15 days after receiving the application
6 and make a report on the investigation.
7 (6) This subsection applies until July 1, 1994. The
secre-
8 tary of state shall classify and differentiate vehicle
dealers
9 according to the type of activity they perform. A dealer
shall
10 not engage in activities of a particular classification as
pro-
11 vided in this act unless the dealer is licensed in that
12 classification. An applicant may apply for a dealer license
in 1
13 or more of the following classifications:
14 (a) New vehicle dealer.
15 (b) Used or secondhand vehicle dealer.
16 (c) Used or secondhand vehicle parts dealer.
17 (d) Vehicle scrap metal processor.
18 (e) Vehicle salvage pool operator.
19 (f) Distressed vehicle transporter.
20 (g) Broker.
21 (h) Until July 1, 1994, a foreign salvage vehicle
dealer.
22 (2) (7) An applicant for a new vehicle
dealer or a used or
23 secondhand vehicle dealer or broker license shall accompany the
24 application with a properly executed bond or renewal
25 certificate. If a renewal certificate is used, the bond shall be
26 considered as renewed for each succeeding year in the same amount
27 and with the same effect as an original bond. The bond shall be
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1 in the sum of $10,000.00 with good and sufficient surety to be
2 approved by the secretary of state. The bond shall be condi-
3 tioned to indemnify or reimburse a purchaser, seller, financing
4 agency, or governmental agency for monetary loss caused through
5 fraud, cheating, or misrepresentation in the conduct of the vehi-
6 cle business whether the fraud, cheating, or misrepresentation
7 was made by the dealer or by an employee, agent, or salesperson
8 of the dealer. The surety is required to make indemnification or
9 reimbursement for a monetary loss only after judgment based on
10 fraud, cheating, or misrepresentation has been entered in a court
11 of record against the licensee. The bond shall also be condi-
12 tioned to indemnify or reimburse the state for any sales tax
13 deficiency as provided in the general sales tax act, Act
No. 167
14 of the Public Acts of 1933, as amended, being sections
205.51 to
15 205.78 of the Michigan Compiled Laws 1933 PA 167,
MCL 205.51 TO
16 205.78, or use tax deficiency as provided in the use tax act,
17 Act No. 94 of the Public Acts of 1937, as amended, being
sec-
18 tions 205.91 to 205.111 of the Michigan Compiled Laws
1937 PA
19 94, MCL 205.91 TO 205.111, for the year in which the bond was in
20 force. The surety is required to make indemnification or reim-
21 bursement only after final judgment has been entered in a court
22 of record against the licensee. A dealer or applicant who has
23 furnished satisfactory proof that a bond similar to the bond
24 required by this subsection is executed and in force is exempt
25 from the bond provisions set forth in this subsection. The
26 aggregate liability of the surety shall not exceed the sum of the
27 bond. The surety on the bond may cancel the bond upon giving 30
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1 days' notice in writing to the secretary of state and thereafter
2 is not liable for a breach of condition occurring after the
3 effective date of the cancellation.
4 (3) (8) An applicant for a new vehicle
dealer or a used or
5 secondhand vehicle dealer license shall accompany the application
6 with an application for not less than 2 dealer plates as provided
7 by section 245, accompanied by the proper fee as provided by sec-
8 tion 803.
9 (4) (9) A dealer required to be licensed
under this sec-
10 tion, as a condition precedent to the granting of a license,
11 shall file with the secretary of state an irrevocable written
12 stipulation, authenticated by the applicant, stipulating and
13 agreeing that legal process affecting the dealer, served on the
14 secretary of state or a deputy of the secretary of state, has the
15 same effect as if personally served on the dealer. This appoint-
16 ment remains in force as long as any liability of the dealer
17 remains outstanding within this state.
18 (5) (10) A person shall not carry on or
conduct the busi-
19 ness of buying, selling, brokering, or dealing in vehicles of a
20 type required to be titled under this act unless the person
21 obtains a dealer license from the secretary of state authorizing
22 the carrying on or conducting of that business. A person shall
23 not carry on or conduct the business of buying, selling, broker-
24 ing, or dealing in distressed, late model vehicles or salvageable
25 parts unless the person obtains a used or secondhand vehicle
26 parts dealer, an automotive recycler, or a salvage pool license
27 from the secretary of state or is an insurance company admitted
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1 to conduct business in this state. A person shall not carry on
2 or conduct the business of buying vehicles to process into scrap
3 metal or store or display vehicles as an agent or escrow agent of
4 an insurance company, unless the person obtains a dealer license
5 from the secretary of state. A vehicle scrap metal processor who
6 does not purchase vehicles or salvageable parts from unlicensed
7 persons shall not be required to obtain a dealer license. A
8 person from another state shall not purchase, sell, or otherwise
9 deal in distressed, late model vehicles or salvageable parts
10 unless the person obtains a foreign salvage vehicle dealer
11 license from the secretary of state as prescribed under
12 section 248b. A person, including a dealer, shall not purchase
13 or acquire a distressed, late model vehicle or a salvageable part
14 through a salvage pool, auction, or broker without a license as a
15 salvage vehicle agent. The secretary of state shall investigate
16 and seek prosecution, if necessary, of persons allegedly conduct-
17 ing a business without a license. This subsection applies
on
18 and after July 1, 1994.
19 (6) (11) This subsection applies on and after July 1,
20 1994. The application for a dealer license shall
be in the form
21 prescribed by the secretary of state and shall be signed by the
22 applicant. In addition to other information as may be required
23 by the secretary of state, the application shall include all of
24 the following:
25 (a) Name of applicant.
26 (b) Location of applicant's established place of business in
27 this state.
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1 (c) The name under which business is to be conducted.
2 (d) If the business is a corporation, the state of
3 incorporation.
4 (e) Name, address, date of birth, and social security number
5 of each owner or partner and, if a corporation, the name,
6 address, date of birth, and social security numbers of each of
7 the principal officers.
8 (f) The county in which the business is to be conducted and
9 the address of each place of business in that county.
10 (g) If new vehicles are to be sold, the make to be handled.
11 Each new vehicle dealer shall send with the application for
12 license a certification that the dealer holds a bona fide con-
13 tract to act as factory representative, factory distributor, or
14 distributor representative to sell at retail ......... (the make
15 of vehicle to be sold).
16 (h) A statement of the previous history, record, and associ-
17 ations of the applicant and of each owner, partner, officer, and
18 director, which statement shall be sufficient to establish to the
19 satisfaction of the secretary of state the business reputation
20 and character of the applicant.
21 (i) A statement showing whether the applicant has previously
22 applied for a license, the result of the application, and whether
23 the applicant has ever been the holder of a dealer license which
24 was revoked or suspended.
25 (j) If the applicant is a corporation or partnership, a
26 statement showing whether a partner, employee, officer, or
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1 director has been refused a license or has been the holder of a
2 license which was revoked or suspended.
3 (k) If the application is for a used or secondhand vehicle
4 parts dealer or an automotive recycler, all of the following:
5 (i) Evidence that the applicant maintains or will
maintain
6 an established place of business.
7 (ii) Evidence that the applicant maintains or will
maintain
8 a police book and vehicle parts purchase and sales records as
9 required under this act.
10 (iii) Evidence of worker's compensation insurance
coverage
11 for employees classified under the standard industrial classifi-
12 cation number 4015, entitled "motor vehicle parts -- used" or
13 under the national council on compensation insurance code number
14 3821, entitled "automobile dismantling", if applicable.
15 (l) Certification that neither the applicant nor
another
16 person named on the application is acting as the alter ego or in
17 the place of or on behalf of any other person or persons in seek-
18 ing the license. For the purpose of this subdivision, "alter
19 ego" means a person who acts for and on behalf of, or in the
20 place of, another person for purposes of obtaining a vehicle
21 dealer license.
22 (7) (12) This subsection applies on and after July 1,
23 1994. A person shall make a separate application
for a dealer
24 license for each county in which business is to be conducted and
25 a dealer, before moving 1 or more of his or her places of busi-
26 ness, or opening an additional place of business, shall apply to
27 the secretary of state for and obtain a supplemental dealer
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1 license, for which a fee shall not be charged. The dealer
2 license shall entitle the dealer to conduct in the county covered
3 by the license the business of buying, selling, and dealing in
4 vehicles or salvageable parts. This subsection shall not
apply
5 to a person licensed as a foreign salvage vehicle dealer
under
6 section 248b. THE DEALER LICENSE SHALL ALSO
ENTITLE THE DEALER
7 TO CONDUCT AT ANY OTHER ESTABLISHED PLACE OF BUSINESS IN THIS
8 STATE ONLY THE BUSINESS OF BUYING, SELLING, OR DEALING IN VEHI-
9 CLES AT WHOLESALE.
10 (8) (13) This subsection applies on and after July 1,
11 1994. The secretary of state shall classify and
differentiate
12 vehicle dealers according to the type of activity they perform.
13 A dealer shall not engage in activities of a particular classifi-
14 cation as provided in this act unless the dealer is licensed in
15 that classification. An applicant may apply for a dealer license
16 in 1 or more of the following classifications:
17 (a) New vehicle dealer.
18 (b) Used or secondhand vehicle dealer.
19 (c) Used or secondhand vehicle parts dealer.
20 (d) Vehicle scrap metal processor.
21 (e) Vehicle salvage pool operator.
22 (f) Distressed vehicle transporter.
23 (g) Broker.
24 (h) Foreign salvage vehicle dealer.
25 (i) Automotive recycler.
26 (9) A DEALER LICENSE SHALL EXPIRE ON DECEMBER 31 OF THE LAST
27 YEAR FOR WHICH THE LICENSE IS ISSUED. THE SECRETARY OF STATE MAY
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1 RENEW A DEALER LICENSE FOR A PERIOD OF NOT MORE THAN 4 YEARS UPON
2 APPLICATION AND PAYMENT OF THE FEE REQUIRED BY SECTION 807.
3 Sec. 251. (1) Each new vehicle dealer and used vehicle
4 dealer shall maintain a record in A form as prescribed by the
5 secretary of state of each vehicle of a type subject to titling
6 under this act that is bought, sold, or exchanged by the dealer
7 or received or accepted by the dealer for sale or exchange.
8 (2) Each record shall contain the date of the purchase,
9 sale, or exchange or receipt for the purpose of sale, a descrip-
10 tion of the vehicle, together with the name and address of the
11 seller, the purchaser, and the alleged owner or other persons
12 from whom the vehicle was purchased or received, or to whom it
13 was sold or delivered. The record shall contain a copy of all
14 odometer mileage statements received by the dealer upon purchas-
15 ing or acquiring a vehicle and a copy of the odometer mileage
16 statement furnished by the dealer upon sale of a vehicle as pre-
17 scribed in section 233a. A dealer shall retain for not less than
18 5 years each odometer mileage statement the dealer receives and
19 each odometer mileage statement furnished by the dealer upon the
20 sale of a vehicle. The description of the vehicle, in the case
21 of a motor vehicle, shall also include the vehicle identification
22 number and other numbers or identification marks as may be on the
23 vehicle, and shall also include a statement that a number has
24 been obliterated, defaced, or changed, if that is the fact. For
25 a trailer or semitrailer, the record shall include the vehicle
26 identification number and other numbers or identification marks
27 as may be on the trailer or semitrailer.
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1 (3) Not more than 20 days after the delivery of the vehicle,
2 the seller shall deliver to the buyer in person or by mail to the
3 buyer's last known address a duplicate of a written statement, on
4 a form prescribed by the secretary of state in conjunction with
5 the department of treasury, describing clearly the name and
6 address of the seller, the name and address of the buyer, the
7 vehicle sold to the buyer, the cash sale price of the vehicle,
8 the cash paid down by the buyer, the amount credited the buyer
9 for a trade-in, a description of the trade-in, the amount
of the
10 finance charge, the amount charged for vehicle
insurance, stat-
11 ing the types of insurance covered by the insurance policy, THE
12 AMOUNT CHARGED FOR A TEMPORARY REGISTRATION PLATE, the amount of
13 any other charge and specifying its purpose, the net balance due
14 from the buyer, the terms of the payment of the net
balance,
15 and a summary of insurance coverage to be affected. If the vehi-
16 cle sold is a new motor home, the written statement shall contain
17 a description, including the year of manufacture, of every major
18 component part of the vehicle that has its own manufacturer's
19 certificate of origin. The written statement shall disclose if
20 the vehicle sold is a vehicle that the seller had loaned to a
21 political subdivision of this state for use as a driver education
22 vehicle. The written statement shall be dated, but not later
23 than the actual date of delivery of the vehicle to the buyer.
24 The original and all copies of the prescribed form shall contain
25 identical information. The statement shall be furnished by the
26 seller, shall be signed by the seller or the seller's agent and
27 by the buyer, and shall be filed with the application for new
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1 title or registration. Failure of the seller to deliver this
2 written statement to the buyer does not invalidate the sale
3 between the seller and the buyer.
4 (4) A retail vehicle sale is void unless both of the follow-
5 ing conditions are met:
6 (a) The sale is evidenced by a written memorandum that con-
7 tains the agreement of the parties and is signed by the buyer and
8 the seller or the seller's agent.
9 (b) The agreement contains a place for acknowledgment by the
10 buyer of the receipt of a copy of the agreement or actual deliv-
11 ery of the vehicle is made to the buyer.
12 (5) Each dealer record and inventory, including the record
13 and inventory of a vehicle scrap metal processor not required to
14 obtain a dealer license, shall be open to inspection by a police
15 officer or an authorized officer or investigator of the secretary
16 of state during reasonable or established business hours.
17 (6) A dealer licensed as a distressed vehicle transporter
18 shall maintain records in a form as prescribed by the secretary
19 of state. The records shall identify each distressed vehicle
20 that is bought, acquired, and sold by the dealer. The record
21 shall identify the person from whom a distressed vehicle was
22 bought or acquired and the dealer to whom the vehicle was sold.
23 The record shall indicate whether a certificate of title or sal-
24 vage certificate of title was obtained by the dealer for each
25 vehicle.
26 (7) A dealer licensed as a vehicle salvage pool
operator or
27 broker shall maintain records in a form as prescribed by the
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1 secretary of state. The records shall contain a description
of
2 each vehicle stored by the dealer, the insurance company
storing
3 the vehicle, the period of time the vehicle was stored, and
the
4 person acquiring the vehicle. In addition, a dealer
licensed as
5 a broker shall maintain a record of the odometer mileage
reading
6 of each vehicle sold pursuant to an agreement between the
broker
7 and the buyer or the broker and the seller. The record of
odome-
8 ter mileage shall be maintained for 5 years and shall
contain all
9 of the information required by section 233a. This
subsection
10 applies until July 1, 1994.
11 (8) A dealer licensed as a used vehicle parts dealer
shall
12 maintain records in a form prescribed by the secretary of
state.
13 The records shall contain the date of purchase or
acquisition of
14 the vehicle, a description of the vehicle including the
color,
15 and the name and address of the person from whom the vehicle
was
16 acquired. If the vehicle is sold, the record shall contain
the
17 date of sale and the name and address of the purchaser. The
18 record shall indicate if the certificate of title or salvage
or
19 scrap certificate of title was obtained by the dealer. In
the
20 case of a late model vehicle, a record of the purchase or
sale of
21 a major component of the vehicle shall be maintained
identifying
22 the part purchased or sold, the name and address of the
seller or
23 purchaser, the date of the purchase or sale, and the
identifica-
24 tion number assigned to the part by the dealer. The record
of
25 the purchase or sale of a part shall be maintained in or
attached
26 to the dealer's police book or hard copy of computerized
data
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1 entries and reference codes and shall be accessible at the
2 dealer's location. This subsection applies until July 1,
1994.
3 (9) A dealer licensed as a vehicle scrap metal
processor
4 shall maintain records as prescribed by the secretary of
state.
5 As provided in section 217c, the records shall contain for a
6 vehicle purchased from a dealer a copy of the scrap vehicle
7 inventory, including the name and address of the dealer, a
8 description of the vehicle acquired, and the date of
9 acquisition. If a vehicle is purchased or acquired from a
person
10 other than a dealer, the record shall contain the date of
acqui-
11 sition, the name and address of the person from whom the
vehicle
12 was acquired, and whether a certificate of title or salvage
cer-
13 tificate of title was obtained by the dealer. This
subsection
14 applies until July 1, 1994.
15 (10) A dealer licensed as a foreign salvage vehicle
dealer
16 shall maintain records in a form prescribed by the secretary
of
17 state. The records shall contain the date of purchase or
acqui-
18 sition of each distressed vehicle, a description of the
vehicle
19 including the color, and the name and address of the person
from
20 whom the vehicle was acquired. If the vehicle is sold, the
21 record shall contain the date of sale and the name and
address of
22 the purchaser. The record shall indicate if the certificate
of
23 title or salvage certificate of title was obtained by the
24 dealer. In the case of a late model vehicle, a record of
the
25 purchase or sale of each major component part purchased or
26 acquired in this state shall be maintained and the record
shall
27 contain the date of purchase or acquisition of the part, a
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1 description of the part, the identification number assigned
to
2 the part, and the name and address of the person to or from
whom
3 the part was purchased, acquired, or sold. The record of
the
4 sale, purchase, or acquisition of a part shall be maintained
in
5 the dealer's police book. The police book shall only
contain
6 vehicles and major component parts purchased in this state
or
7 used in the repair of a vehicle purchased in this state.
The
8 police book and the records of vehicle part sales,
purchases, or
9 acquisitions shall be made available at a location within
the
10 state for inspection by the secretary of state within 48
hours
11 after a request by the secretary of state. This subsection
shall
12 apply until July 1, 1994.
13 (11) The secretary of state shall make periodic
unannounced
14 inspections of the records, facilities, and inventories of
used
15 or secondhand vehicle parts dealers. This subsection shall
apply
16 until July 1, 1994.
17 (7) (12) A dealer licensed under this act
shall maintain
18 records for a period of 5 years. The records shall be made
19 available for inspection by the secretary of state or other law
20 enforcement officials. The secretary of state shall inspect a
21 dealer once every 4 years and as determined necessary by the sec-
22 retary of state or a law enforcement officer. The secretary of
23 state may issue an order summarily suspending the license of a
24 dealer pursuant to section 92 of the administrative procedures
25 act of 1969, Act No. 306 of the Public Acts of 1969, being
sec-
26 tion 24.292 of the Michigan Compiled Laws 1969 PA
306, MCL
27 24.292, based on an affidavit by a person familiar with the facts
04984'97
21
1 set forth in the affidavit that the dealer has failed to maintain
2 the records required by this act or failed to provide the records
3 for inspection as requested by the secretary of state, or has
4 otherwise hindered, obstructed, or prevented the inspection of
5 records authorized under this section. The dealer to whom the
6 order is directed shall comply immediately, but on application to
7 the department shall be afforded a hearing within 30 days pursu-
8 ant to the administrative procedures act of 1969, Act No.
306 of
9 the Public Acts of 1969, being sections 24.201 to 24.328 of
the
10 Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO
24.328. On
11 the basis of the hearing, the summary order shall be continued,
12 modified, or held in abeyance not later than 30 days after the
13 hearing.
14 (13) Each dealer record of the purchase, acquisition,
sale,
15 receipt, or acceptance for the purpose of sale, delivery, or
16 exchange of a vehicle shall contain the vehicle dealer
license
17 number of the dealer from whom the vehicle was obtained and
of
18 the dealer to whom the vehicle was sold or delivered.
19 (8) (14) A dealer licensed as a vehicle
salvage pool oper-
20 ator or broker shall maintain records in a form as prescribed by
21 the secretary of state. The records shall contain a description
22 of each vehicle or salvageable part stored by the dealer, the
23 name and address of the insurance company or person storing the
24 vehicle or salvageable part, the period of time the vehicle or
25 salvageable part was stored, and the person acquiring the vehicle
26 or salvageable part. In the case of a late model vehicle, a
27 record of the purchase or sale of a major component part of the
04984'97
22
1 vehicle shall be maintained identifying the part purchased or
2 sold, the name and address of the seller or purchaser, the date
3 of the purchase or sale, and the identification number assigned
4 to the part by the dealer. The record of the purchase or sale of
5 a part shall be maintained in or attached to the dealer's police
6 book or hard copy of computerized data entries and reference
7 codes and shall be accessible at the dealer's location. In addi-
8 tion, a dealer licensed as a broker shall maintain a record of
9 the odometer mileage reading of each vehicle sold pursuant to an
10 agreement between the broker and the buyer or the broker and the
11 seller. The record of odometer mileage shall be maintained for 5
12 years and shall contain all of the information required by sec-
13 tion 233a. This subsection applies on and after July 1,
1994.
14 (9) (15) A dealer licensed as a used vehicle
parts dealer
15 or an automotive recycler shall maintain records in a form pre-
16 scribed by the secretary of state. The records shall contain the
17 date of purchase or acquisition of the vehicle, a description of
18 the vehicle including the color, and the name and address of the
19 person from whom the vehicle was acquired. If the vehicle is
20 sold, the record shall contain the date of sale and the name and
21 address of the purchaser. The record shall indicate if the cer-
22 tificate of title or salvage or scrap certificate of title was
23 obtained by the dealer. In the case of a late model vehicle, a
24 record of the purchase or sale of a major component of the vehi-
25 cle shall be maintained identifying the part purchased or sold,
26 the name and address of the seller or purchaser, the date of the
27 purchase or sale, and the identification number assigned to the
04984'97
23
1 part by the dealer, except that a bumper remanufacturer is not
2 required to maintain a record of the purchase of a bumper.
3 However, a bumper remanufacturer shall assign and attach an iden-
4 tification number to a remanufactured bumper and maintain a
5 record of the sale of the bumper. The record of the purchase or
6 sale of a part shall be maintained in or attached to the dealer's
7 police book or hard copy of computerized data entries and refer-
8 ence codes and shall be accessible at the dealer's location.
9 This subsection applies on and after July 1, 1994.
10 (10) (16) A dealer licensed as a vehicle
scrap metal pro-
11 cessor shall maintain records as prescribed by the secretary of
12 state. As provided in section 217c, the records shall contain
13 for a vehicle purchased from a dealer a copy of the scrap vehicle
14 inventory, including the name and address of the dealer, a
15 description of the vehicle acquired, and the date of
16 acquisition. If a vehicle is purchased or acquired from a person
17 other than a dealer, the record shall contain the date of acqui-
18 sition, a description of the vehicle, including the color, the
19 name and address of the person from whom the vehicle was
20 acquired, and whether a certificate of title or salvage or scrap
21 certificate of title was obtained by the dealer. This
subsec-
22 tion applies on and after July 1, 1994.
23 (11) (17) A dealer licensed as a foreign
salvage vehicle
24 dealer shall maintain records in a form prescribed by the secre-
25 tary of state. The records shall contain the date of purchase or
26 acquisition of each distressed vehicle, a description of the
27 vehicle including the color, and the name and address of the
04984'97
24
1 person from whom the vehicle was acquired. If the vehicle is
2 sold, the record shall contain the date of sale and the name and
3 address of the purchaser. The record shall indicate if the cer-
4 tificate of title or salvage or scrap certificate of title was
5 obtained by the dealer. In the case of a late model vehicle, a
6 record of the purchase or sale of each salvageable part purchased
7 or acquired in this state shall be maintained and the record
8 shall contain the date of purchase or acquisition of the part, a
9 description of the part, the identification number assigned to
10 the part, and the name and address of the person to or from whom
11 the part was purchased, acquired, or sold. The record of the
12 sale, purchase, or acquisition of a part shall be maintained in
13 the dealer's police book. The police book shall only contain
14 vehicles and salvageable parts purchased in this state or used in
15 the repair of a vehicle purchased in this state. The police book
16 and the records of vehicle part sales, purchases, or acquisitions
17 shall be made available at a location within the state for
18 inspection by the secretary of state within 48 hours after a
19 request by the secretary of state. This subsection applies
on
20 and after July 1, 1994.
21 (12) (18) The secretary of state shall make
periodic unan-
22 nounced inspections of the records, facilities, and inventories
23 of automotive recyclers and used or secondhand vehicle parts
24 dealers. This subsection applies on and after July 1, 1994.
25 (13) (19) The secretary of state may
promulgate rules to
26 implement this section pursuant to Act No. 306 of the
Public
27 Acts of 1969, as amended, being sections 24.201 to 24.328 of
the
04984'97
25
1 Michigan Compiled Laws THE ADMINISTRATIVE
PROCEDURES ACT OF
2 1969, 1969 PA 306, MCL 24.201 TO 24.328.
3 Sec. 801. (1) The secretary of state shall collect the fol-
4 lowing taxes at the time of registering a vehicle, which shall
5 exempt the vehicle from all other state and local taxation,
6 except the fees and taxes provided by law to be paid by certain
7 carriers operating motor vehicles and trailers under the motor
8 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
9 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
10 207.235 207.234; a fee or fees imposed pursuant
to the local
11 road improvements and operations revenue act, 1987 PA 237, MCL
12 247.521 to 247.525; and except as otherwise provided by this
13 act:
14 (a) For a motor vehicle, including a motor home, except as
15 otherwise provided, and a pickup truck or van, which pickup truck
16 or van weighs not more than 5,000 pounds and is not taxed under
17 subdivision (p), except as otherwise provided, according to the
18 following schedule of empty weights:
19 Empty weights Fee
20 0 to 3,000 pounds...................... $ 29.00
21 3,001 to 3,500 pounds.................. 32.00
22 3,501 to 4,000 pounds.................. 37.00
23 4,001 to 4,500 pounds.................. 43.00
24 4,501 to 5,000 pounds.................. 47.00
25 5,001 to 5,500 pounds.................. 52.00
04984'97
26
1 5,50l to 6,000 pounds.................. 57.00
2 6,001 to 6,500 pounds.................. 62.00
3 6,501 to 7,000 pounds.................. 67.00
4 7,001 to 7,500 pounds.................. 71.00
5 7,501 to 8,000 pounds.................. 77.00
6 8,001 to 8,500 pounds.................. 81.00
7 8,501 to 9,000 pounds.................. 86.00
8 9,001 to 9,500 pounds.................. 91.00
9 9,501 to 10,000 pounds................. 95.00
10 over 10,000 pounds...........$ 0.90 per 100 pounds
11 of empty weight
12 On October 1, 1983, and October 1, 1984, the tax assessed
13 under this subdivision shall be annually revised for the regis-
14 trations expiring on the appropriate October 1 or after that date
15 by multiplying the tax assessed in the preceding fiscal year
16 times the personal income of Michigan for the preceding calendar
17 year divided by the personal income of Michigan for the calendar
18 year which preceded that calendar year. In performing the calcu-
19 lations under this subdivision, the secretary of state shall use
20 the spring preliminary report of the United States department of
21 commerce or its successor agency. A van which is owned by a
22 person who uses a wheelchair or by a person who transports a res-
23 ident of his or her household who uses a wheelchair and for which
24 registration plates are issued pursuant to section 803d shall be
25 assessed at the rate of 50% of the tax provided for in this
26 subdivision.
04984'97
27
1 (b) For a trailer coach attached to a motor vehicle 76 cents
2 per 100 pounds of empty weight of the trailer coach. A trailer
3 coach not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
4 located on land otherwise assessable as real property under the
5 general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if
6 the trailer coach is used as a place of habitation, and whether
7 or not permanently affixed to the soil, shall not be exempt from
8 real property taxes.
9 (c) For a road tractor, truck, or truck tractor owned by a
10 farmer and used exclusively in connection with the farmer's farm-
11 ing operations, or used for the transportation of the farmer and
12 the farmer's family, and not used for hire, 74 cents per 100
13 pounds of empty weight of the road tractor, truck, or truck
14 tractor. If the road tractor, truck, or truck tractor owned by a
15 farmer is also used for a nonfarming operation, the farmer shall
16 be subject to the highest registration tax applicable to the non-
17 farm use of the vehicle but shall not be subject to more than 1
18 tax rate under this act.
19 (d) For a road tractor, truck, or truck tractor owned by a
20 wood harvester and used exclusively in connection with the wood
21 harvesting operations, 74 cents per 100 pounds of empty weight of
22 the road tractor, truck, or truck tractor. A registration
23 secured by payment of the fee as prescribed in this subdivision
24 shall continue in full force and effect until the regular expira-
25 tion date of the registration. As used in this subdivision,
26 "wood harvester" includes the person or persons hauling and
27 transporting raw materials only from the forest to the mill
04984'97
28
1 site. "Wood harvesting operations" does not include the
2 transportation of processed lumber.
3 (e) For a hearse or ambulance used exclusively by a licensed
4 funeral director in the general conduct of the licensee's funeral
5 business, including a hearse or ambulance whose owner is engaged
6 in the business of leasing or renting the hearse or ambulance to
7 others, $1.17 per 100 pounds of the empty weight of the hearse or
8 ambulance.
9 (f) For a motor vehicle owned and operated by this state, a
10 state institution, a municipality, a privately incorporated, non-
11 profit volunteer fire department, or a nonpublic, nonprofit col-
12 lege or university, $5.00 per set; and for each motor vehicle
13 operating under municipal franchise, weighing less than 2,500
14 pounds, 65 cents per 100 pounds of the empty weight of the motor
15 vehicle, weighing from 2,500 to 4,000 pounds, 80 cents per 100
16 pounds of the empty weight of the motor vehicle, weighing 4,001
17 to 6,000 pounds, $1.00 per 100 pounds of the empty weight of the
18 motor vehicle, and weighing over 6,000 pounds, $1.25 per 100
19 pounds of the empty weight of the motor vehicle.
20 (g) For a bus including a station wagon, carryall, or simi-
21 larly constructed vehicle owned and operated by a nonprofit
22 parents' transportation corporation used for school purposes,
23 parochial school or society, church Sunday school, or any other
24 grammar school, or by a nonprofit youth organization or nonprofit
25 rehabilitation facility; or a motor vehicle owned and operated by
26 a senior citizen center, $10.00 per set, if the bus, station
27 wagon, carryall, or similarly constructed vehicle or motor
04984'97
29
1 vehicle is designated by proper signs showing the organization
2 operating the vehicle.
3 (h) For a vehicle owned by a nonprofit organization and used
4 to transport equipment for providing dialysis treatment to chil-
5 dren at camp; for a vehicle owned by the civil air patrol, as
6 organized under sections 1 to 8 of chapter 527, 60 Stat. 346, 36
7 U.S.C. 201 to 208, $10.00 per plate, if the vehicle is designated
8 by a proper sign showing the civil air patrol's name; for a vehi-
9 cle owned and operated by a nonprofit veterans center; for a
10 vehicle owned and operated by a nonprofit recycling center or a
11 federally recognized nonprofit conservation organization until
12 December 31, 2000; for a motor vehicle having a truck chassis and
13 a locomotive or ship's body which is owned by a nonprofit veter-
14 ans organization and used exclusively in parades and civic
15 events; or for an emergency support vehicle used exclusively for
16 emergencies and owned and operated by a federally recognized non-
17 profit charitable organization, $10.00 per plate.
18 (i) For each truck owned and operated free of charge by a
19 bona fide ecclesiastical or charitable corporation, or red cross,
20 girl scout, or boy scout organization, 65 cents per 100 pounds of
21 the empty weight of the truck.
22 (j) For each truck, weighing 8,000 pounds or less, and not
23 used to tow a vehicle, for each privately owned truck used to tow
24 a trailer for recreational purposes only and not involved in a
25 profit making venture, and for each vehicle designed and used to
26 tow a mobile home or a trailer coach, except as provided in
04984'97
30
1 subdivision (b), $38.00 or an amount computed according to the
2 following schedule of empty weights, whichever is greater:
3 Empty weights Per 100 pounds
4 0 to 2,500 pounds...................... $ 1.40
5 2,501 to 4,000 pounds.................. 1.76
6 4,001 to 6,000 pounds.................. 2.20
7 6,001 to 8,000 pounds.................. 2.72
8 8,001 to 10,000 pounds................. 3.25
9 10,001 to 15,000 pounds................ 3.77
10 15,001 pounds and over................. 4.39
11 If the tax required under subdivision (q) for a vehicle of
12 the same model year with the same list price as the vehicle for
13 which registration is sought under this subdivision is more than
14 the tax provided under the preceding provisions of this subdivi-
15 sion for an identical vehicle, the tax required under this subdi-
16 vision shall not be less than the tax required under subdivision
17 (q) for a vehicle of the same model year with the same list
18 price.
19 (k) For each truck weighing 8,000 pounds or less towing a
20 trailer or any other combination of vehicles and for each truck
21 weighing 8,001 pounds or more, road tractor or truck tractor,
22 except as provided in subdivision (j) according to the following
23 schedule of elected gross weights:
04984'97
31
1 Elected gross weight Fee
2 0 to 24,000 pounds................... $ 491.00
3 24,001 to 26,000 pounds.............. 558.00
4 26,001 to 28,000 pounds.............. 558.00
5 28,001 to 32,000 pounds.............. 649.00
6 32,001 to 36,000 pounds.............. 744.00
7 36,001 to 42,000 pounds.............. 874.00
8 42,001 to 48,000 pounds.............. 1,005.00
9 48,001 to 54,000 pounds.............. 1,135.00
10 54,001 to 60,000 pounds.............. 1,268.00
11 60,001 to 66,000 pounds.............. 1,398.00
12 66,001 to 72,000 pounds.............. 1,529.00
13 72,001 to 80,000 pounds.............. 1,660.00
14 80,001 to 90,000 pounds.............. 1,793.00
15 90,001 to 100,000 pounds............. 2,002.00
16 100,001 to 115,000 pounds............ 2,223.00
17 115,001 to 130,000 pounds............ 2,448.00
18 130,001 to 145,000 pounds............ 2,670.00
19 145,001 to 160,000 pounds............ 2,894.00
20 over 160,000 pounds.................. 3,117.00
21 For each commercial vehicle registered pursuant to this sub-
22 division $15.00 shall be deposited in a truck safety fund to be
23 expended for the purposes prescribed in section 25 of 1951 PA 51,
24 MCL 247.675.
25 If a truck or road tractor without trailer is leased from an
26 individual owner-operator, the lessee, whether a person, firm, or
04984'97
32
1 corporation, shall pay to the owner-operator 60% of the fee
2 prescribed in this subdivision for the truck tractor or road
3 tractor at the rate of 1/12 for each month of the lease or
4 arrangement in addition to the compensation the owner-operator is
5 entitled to for the rental of his or her equipment.
6 (l) For each pole trailer, semitrailer, or trailer,
accord-
7 ing to the following schedule of rates:
8 Empty weights Fee
9 0 to 500 pounds........................ $ 17.00
10 501 to 1,500 pounds.................... 24.00
11 1,501 pounds and over.................. 39.00
12 (m) For each commercial vehicle used for the transportation
13 of passengers for hire except for a vehicle for which a payment
14 is made pursuant to 1960 PA 2, MCL 257.971 to 257.972, according
15 to the following schedule of empty weights:
16 Empty weights Per 100 pounds
17 0 to 4,000 pounds...................... $ 1.76
18 4,001 to 6,000 pounds.................. 2.20
19 6,001 to 10,000 pounds................. 2.72
20 10,001 pounds and over................. 3.25
21 (n) For each motorcycle................... $ 23.00
22 On October 1, 1983, and October 1, 1984, the tax assessed
23 under this subdivision shall be annually revised for the
24 registrations expiring on the appropriate October 1 or after that
04984'97
33
1 date by multiplying the tax assessed in the preceding fiscal year
2 times the personal income of Michigan for the preceding calendar
3 year divided by the personal income of Michigan for the calendar
4 year which preceded that calendar year. In performing the calcu-
5 lations under this subdivision, the secretary of state shall use
6 the spring preliminary report of the United States department of
7 commerce or its successor agency.
8 Beginning January 1, 1984, the registration tax for each
9 motorcycle shall be increased by $3.00. The $3.00 increase shall
10 not be considered as part of the tax assessed under this subdivi-
11 sion for the purpose of the annual October 1 revisions but shall
12 be in addition to the tax assessed as a result of the annual
13 October 1 revisions. Beginning January 1, 1984, $3.00 of each
14 motorcycle fee shall be placed in a motorcycle safety fund in the
15 state treasury and shall be used only for funding the motorcycle
16 safety education program as provided for under sections 312b and
17 811a.
18 (o) For each truck weighing 8,001 pounds or more, road trac-
19 tor, or truck tractor used exclusively as a moving van or part of
20 a moving van in transporting household furniture and household
21 effects or the equipment or those engaged in conducting carni-
22 vals, at the rate of 80% of the schedule of elected gross weights
23 in subdivision (k) as modified by the operation of that
24 subdivision.
25 (p) Until October 1, 1997, for each pickup truck or van,
26 which pickup truck or van weighs not more than 5,000 pounds and
27 is owned by a business, corporation, or person other than an
04984'97
34
1 individual, according to the following schedule of empty
2 weights:
3 Empty weights Fee
4 0 to 4,000 pounds...................... $ 39.00
5 4,001 to 4,500 pounds.................. 44.00
6 4,501 to 5,000 pounds.................. 49.00
7 (q) After September 30, 1983, each motor vehicle of the 1984
8 or a subsequent model year as shown on the application required
9 under section 217 which has not been previously subject to the
10 tax rates of this section and which is of the motor vehicle cate-
11 gory otherwise subject to the tax schedule described in subdivi-
12 sion (a) and beginning October 1, 1997 each motor vehicle previ-
13 ously subject to the tax schedule described in subdivision (p)
14 according to the following schedule based upon registration peri-
15 ods of 12 months:
16 (i) Except as otherwise provided in this subdivision,
for
17 the first registration, which is not a transfer registration
18 under section 809 and for the first registration after a transfer
19 registration under section 809, according to the following sched-
20 ule based on the vehicle's list price:
21 List Price Tax
22 $0 - $6,000.00............................ $ 30.00
23 More than $6,000.00 - $7,000.00........... $ 33.00
24 More than $7,000.00 - $8,000.00........... $ 38.00
04984'97
35
1 More than $8,000.00 - $9,000.00........... $ 43.00
2 More than $9,000.00 - $10,000.00.......... $ 48.00
3 More than $10,000.00 - $11,000.00......... $ 53.00
4 More than $11,000.00 - $12,000.00......... $ 58.00
5 More than $12,000.00 - $13,000.00......... $ 63.00
6 More than $13,000.00 - $14,000.00......... $ 68.00
7 More than $14,000.00 - $15,000.00......... $ 73.00
8 More than $15,000.00 - $16,000.00......... $ 78.00
9 More than $16,000.00 - $17,000.00......... $ 83.00
10 More than $17,000.00 - $18,000.00......... $ 88.00
11 More than $18,000.00 - $19,000.00......... $ 93.00
12 More than $19,000.00 - $20,000.00......... $ 98.00
13 More than $20,000.00 - $21,000.00......... $103.00
14 More than $21,000.00 - $22,000.00......... $108.00
15 More than $22,000.00 - $23,000.00......... $113.00
16 More than $23,000.00 - $24,000.00......... $118.00
17 More than $24,000.00 - $25,000.00......... $123.00
18 More than $25,000.00 - $26,000.00......... $128.00
19 More than $26,000.00 - $27,000.00......... $133.00
20 More than $27,000.00 - $28,000.00......... $138.00
21 More than $28,000.00 - $29,000.00......... $143.00
22 More than $29,000.00 - $30,000.00......... $148.00
23 More than $30,000.00......... 0.5% of the list price
24 MORE THAN $30,000.00, THE FEE SHALL INCREASE BY $5.00 FOR
25 EACH $1,000.00 INCREMENT OR FRACTION OF A $1,000.00 INCREMENT
26 OVER $30,000.00. IF A CURRENT FEE INCREASES OR DECREASES AS A
27 RESULT OF THE 1998 AMENDATORY ACT THAT ADDED THIS SENTENCE, ONLY
04984'97
36
1 A VEHICLE PURCHASED OR TRANSFERRED AFTER THE EFFECTIVE DATE OF
2 THE 1998 AMENDATORY ACT THAT ADDED THIS SENTENCE SHALL BE
3 ASSESSED THE INCREASED OR DECREASED FEE.
4 (ii) For the second registration, 90% of the tax
assessed
5 under subparagraph (i).
6 (iii) For the third registration, 90% of the tax
assessed
7 under subparagraph (ii).
8 (iv) For the fourth and subsequent registrations, 90%
of the
9 tax assessed under subparagraph (iii).
10 For a vehicle of the 1984 or a subsequent model year which
11 has been previously registered by a person other than the person
12 applying for registration or for a vehicle of the 1984 or a sub-
13 sequent model year which has been previously registered in
14 another state or country and is registered for the first time in
15 this state, the tax under this subdivision shall be determined by
16 subtracting the model year of the vehicle from the calendar year
17 for which the registration is sought. If the result is zero or a
18 negative figure, the first registration tax shall be paid. If
19 the result is 1, 2, or 3 or more, then, respectively, the second,
20 third, or subsequent registration tax shall be paid. A van which
21 is owned by a person who uses a wheelchair or by a person who
22 transports a resident of his or her household who uses a wheel-
23 chair and for which registration plates are issued pursuant to
24 section 803d shall be assessed at the rate of 50% of the tax pro-
25 vided for in this subdivision.
26 (r) For a wrecker, $200.00.
04984'97
37
1 (s) When the secretary of state computes a tax under this
2 section, a computation which does not result in a whole dollar
3 figure shall be rounded to the next lower whole dollar when the
4 computation results in a figure ending in 50 cents or less and
5 shall be rounded to the next higher whole dollar when the compu-
6 tation results in a figure ending in 51 cents or more, unless
7 specific fees are specified, and may accept the manufacturer's
8 shipping weight of the vehicle fully equipped for the use for
9 which the registration application is made. If the weight is not
10 correctly stated or is not satisfactory, the secretary of state
11 shall determine the actual weight. Each application for regis-
12 tration of a vehicle under subdivisions (j) and (m) shall have
13 attached to the application a scale weight receipt of the vehicle
14 fully equipped as of the time the application is made. The scale
15 weight receipt is not necessary if there is presented with the
16 application a registration receipt of the previous year which
17 shows on its face the weight of the motor vehicle as registered
18 with the secretary of state and which is accompanied by a state-
19 ment of the applicant that there has not been a structural change
20 in the motor vehicle which has increased the weight and that the
21 previous registered weight is the true weight.
22 (2) A manufacturer is not exempted under this act from
23 paying ad valorem taxes on vehicles in stock or bond, except on
24 the specified number of motor vehicles registered. A dealer is
25 exempt from paying ad valorem taxes on vehicles in stock or
26 bond.
04984'97
38
1 (3) The fee for a vehicle with an empty weight over 10,000
2 pounds imposed pursuant to subsection (1)(a) and the fees imposed
3 pursuant to subsection (1)(b), (c), (d), (e), (f), (i), (j), (m),
4 (o), and (q) shall each be increased by $5.00. This increase
5 shall be credited to the Michigan transportation fund and used to
6 defray the costs of processing the registrations under this
7 section.
8 (4) As used in this section:
9 (a) "Gross proceeds" means gross proceeds as defined in sec-
10 tion 1 of the general sales tax act, 1933 PA 167, MCL 205.51.
11 However, gross proceeds shall include the value of the motor
12 vehicle used as part payment of the purchase price as that value
13 is agreed to by the parties to the sale, as evidenced by the
14 signed agreement executed pursuant to section 251.
15 (b) "List price" means the manufacturer's suggested base
16 list price as published by the secretary of state, or the
17 manufacturer's suggested retail price as shown on the label
18 required to be affixed to the vehicle under section 3 of the
19 automobile information disclosure act, Public Law 85-506,
20 15 U.S.C. 1232, if the secretary of state has not at the time of
21 the sale of the vehicle published a manufacturer's suggested
22 retail price for that vehicle, or the purchase price of the vehi-
23 cle if the manufacturer's suggested base list price is unavail-
24 able from the sources described in this subdivision.
25 (c) "Purchase price" means the gross proceeds received by
26 the seller in consideration of the sale of the motor vehicle
27 being registered.
04984'97
39
1 Sec. 807. (1) An EXCEPT AS PROVIDED IN
SUBSECTION (2), AN
2 application for a license under section 248 shall be accompanied
3 by the following fee:
4 Full year's license...................................... $10.00
5 Half year's license (after June 30)...................... 5.00
6 MULTIPLE YEAR LICENSE.................................... 10.00
PER YEAR
7 (2) An application for a used or secondhand vehicle parts
8 dealer, an automotive recycler, or foreign salvage vehicle dealer
9 license shall be accompanied by the following fees:
10 Full year's license......................................$100.00
11 Half year's license (after June 30)...................... 50.00
12 MULTIPLE YEAR LICENSE.................................... 100.00
PER YEAR
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