June 8, 2006, Introduced by Reps. Palsrok, Pastor, Condino, Farrah, Mayes, Accavitti, Miller, Gillard, Meisner, Kolb, Nofs, Huizenga, Proos, Farhat and Hildenbrand and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 233 (MCL 257.233), as amended by 2005 PA 317.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 233. (1) If the owner of a registered vehicle transfers
or assigns the title or interest in the vehicle, the registration
plates issued for the vehicle shall be removed and transferred to
the owner's spouse, mother, father, sister, brother, or child to
whom title or interest in the vehicle is transferred, or retained
and preserved by the owner for transfer to another vehicle upon
application and payment of the required fees. A person shall not
transfer the plates to a vehicle without applying for a proper
certificate of registration describing the vehicle to which the
plates are being transferred except as provided in section 217(4).
If the owner of a registered vehicle acquires another vehicle
without transferring or assigning the title or interest in the
vehicle for which the plates were issued, the owner may have the
plates transferred to the subsequently acquired vehicle upon
application and payment of the required fees.
(2) A person shall not purchase or lease another vehicle or an
interest in another vehicle with the intent to circumvent the
restrictions created by immobilization of a vehicle under this act.
(3) A person shall not transfer or attempt to transfer
ownership or right of possession of a vehicle subject to forfeiture
or ordered forfeited under this act with the intent to avoid the
forfeiture of that vehicle.
(4) During the time a vehicle is subject to a temporary
registration plate, vehicle forfeiture, immobilization,
registration denial, or the period from adjudication to
immobilization or forfeiture under this act, a person shall not
without a court order transfer or assign the title or an interest
in the vehicle to a person who is not subject to payment of a use
tax under section 3 of the use tax act, 1937 PA 94, MCL 205.93.
(5) A person who violates subsection (2), (3), or (4) is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $1,000.00, or both.
(6) A person whose operator's or chauffeur's license is
suspended, revoked, or denied for, or who has never been licensed
by this state and was convicted for, a third or subsequent
violation of section 625 or 625m, of a local ordinance
substantially corresponding to section 625 or 625m, or of a law of
another state substantially corresponding to section 625 or 625m,
or for a fourth or subsequent suspension or revocation under
section 904 shall not purchase, lease, or otherwise acquire a motor
vehicle during the suspension, revocation, or denial period. A
person who violates this subsection is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $100.00, or both.
(7) If the assigned holder of registration plates applies for
a new registration certificate, the application shall be
accompanied either by the old registration certificate or by a
certificate of title showing the person to be the assigned holder
of the registration plates for which the old registration
certificate had been issued. A person who fails or neglects to
fulfill the requirements of this subsection is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $100.00, or both.
(8) The owner shall indorse on the certificate of title as
required by the secretary of state an assignment of the title with
warranty of title in the form printed on the certificate with a
statement of all security interests in the vehicle or in
accessories on the vehicle and deliver or cause the certificate to
be mailed or delivered to the purchaser or transferee at the time
of the delivery to the purchaser or transferee of the vehicle. The
certificate shall show the payment or satisfaction of any security
interest as shown on the original title.
(9) Upon the delivery of a motor vehicle and the transfer,
sale, or assignment of the title or interest in a motor vehicle by
a person, including a dealer, the effective date of the transfer of
title
or interest in the vehicle shall be is the date of
execution
of signature on either the application for title or the
assignment of the certificate of title by the purchaser,
transferee, or assignee.