February 1, 2005, Introduced by Senators McMANUS, BASHAM, GEORGE, JELINEK, CROPSEY, SANBORN, KUIPERS, VAN WOERKOM, ALLEN, GARCIA, GOSCHKA and BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80102 and 80124 (MCL 324.80102 and 324.80124),
as added by 1995 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80102. As used in this part:
(a)
"Dealer" means a person, and or an authorized
representative
of that a
person, who annually purchases
from a
manufacturer, or who is engaged in selling or manufacturing, 6 or
more vessels that require certificates of number under this part.
(b) "Historic vessel" means a vessel that is over 25 years old
and that is owned solely as a collector's item and for
participation in club activities, exhibitions, tours, parades, and
similar uses, including mechanical testing, but is not used for
general transportation.
(c) (b)
"Identification
document" means any of the
following:
(i) A valid Michigan operator's or chauffeur's license.
(ii) A valid driver's or chauffeur's license issued by an
agency, department, or bureau of the United States or another
state.
(iii) An official identification card issued by an agency,
department, or bureau of the United States, this state, or another
state.
(iv) An official identification card issued by a political
subdivision of this state or another state.
(d) (c)
"Issuing authority"
means the United States coast
guard or a state that has a numbering system approved by the United
States coast guard.
(e) (d)
"Law of another state"
means a law or ordinance
enacted by another state or by a local unit of government in
another state.
(f) (e)
"Lifeboat" means a small
boat designated and used
solely for lifesaving purposes, and does not include a dinghy,
tender, speedboat, or other type of craft that is not carried
aboard a vessel for lifesaving purposes.
(g) (f)
"Long-term incapacitating
injury" means an injury
that causes serious impairment of a body function.
Sec. 80124. (1) Except as otherwise provided in this section,
the owner of a vessel required to be numbered and to display a
decal shall file an application for a certificate of number with
the secretary of state. The secretary of state shall prescribe and
furnish certificate of title application forms. If a vessel
requiring a certificate of title under part 803 is sold by a
dealer, that dealer shall combine the application for a certificate
of number that is signed by the vessel owner with the application
for a certificate of title. The dealer shall obtain the certificate
of number in the name of the owner. The owner of the vessel shall
sign the application. A person shall not file an application for a
certificate of number that contains false information. A dealer who
fails to submit an application as required by this section is
guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days, or a fine of not more than $100.00, or both.
(2) A dealer who submits an application for a certificate of
number as provided in subsection (1) may issue to the owner of the
vessel a 15-day temporary permit, on forms prescribed by the
secretary of state, for the use of the vessel while the certificate
of number is being issued.
(3) A dealer may issue a 15-day permit, on a form prescribed
by the secretary of state, for the use of a vessel purchased in
this state and delivered to the purchaser for removal to a place
outside of this state, if the purchaser certifies by his or her
signature that the vessel will be registered and primarily used and
stored outside of this state and will not be returned to this state
by the purchaser for use or storage. A certificate of number shall
not
be issued for a vessel holding a permit for which a permit
has been issued under this subsection.
(4) A 15-day temporary permit issued under subsection (2) or
(3) shall not be renewed or extended.
(5) A person shall operate or permit the operation of a vessel
for which a 15-day temporary permit has been issued under this
section only if the temporary permit is valid and displayed on the
vessel as prescribed by rule promulgated by the department under
this part.
(6) Except as otherwise provided in this section and section
80123, an applicant shall pay the following applicable fee at the
time of application:
(a) A 15-day temporary permit issued under
subsection (3).............................................. $ 10.00
(b) Nonpowered vessels, other than nonmotorized canoes
or
kayaks , except as provided in section 80123............. 9.00
(c)
Nonmotorized canoes or kayaks except as provided in
section
80123...............................................
5.00
(d) Motorboats less than 12 feet in length............. 14.00
(e) Motorboats 12 feet or over but less than 16 feet in
length...................................................... 17.00
(f) Motorboats 16 feet or over but less than 21 feet in
length...................................................... 42.00
(g) Motorboats 21 feet or over but less than 28 feet in
length....................................................... 115.00
(h) Motorboats 28 feet or over but less than 35 feet in
length....................................................... 168.00
(i) Motorboats 35 feet or over but less than 42 feet in
length....................................................... 244.00
(j) Motorboats 42 feet or over but less than 50 feet in
length....................................................... 280.00
(k) Motorboats 50 feet in length or over................ 448.00
(l) Pontoon vessels regardless of size................... 23.00
(m) Motorized canoes regardless of size................. 14.00
(n) Vessels licensed under part 473..................... 15.00
(o) Vessels carrying passengers for hire that are
in compliance with part 445, or under federal law; and
vessels carrying passengers and freight or freight only
and owned within this state or hailing from a port within
this state................................................... 45.00
(7) The length of a vessel is the distance from end to end
over the deck, excluding the longitudinal upward or downward curve
of the deck, fore and aft. A pontoon boat shall be measured by the
length of its deck, fore and aft.
(8) Payment of the fee specified in this section exempts the
vessel
from the tax imposed by the general property tax act, Act
No.
206 of the Public Acts of 1893, being sections 211.1 to 211.157
of
the Michigan Compiled Laws 1893 PA 206, MCL 211.1
to 211.157.
(9) Upon receipt of an initial application for a certificate
of number in approved form and payment of the required fee, the
secretary of state shall enter the information upon the official
records and issue to the applicant a certificate of number
containing the number awarded to the vessel, the name and address
of the owner, and other information that the secretary of state
determines necessary. The secretary of state shall issue a
certificate of number that is pocket size and legible. Except as
provided in subsection (13), a person operating a vessel shall
present that vessel's certificate of number to a peace officer upon
the peace officer's request.
(10) If a check or draft payable to the secretary of state
under this part is not paid on its first presentation, the fee or
tax is delinquent as of the date the draft or check was tendered.
The person tendering the check or draft remains liable for the
payment of each fee or tax and a penalty.
(11) Upon determining that a fee or tax required by this part
has not been paid and remains unpaid after reasonable notice and
demand, the secretary of state may suspend a certificate of number.
(12) If a person who tenders a check or draft described in
subsection (10) fails to pay a fee or tax within 15 days after the
secretary of state gives him or her notice that the check or draft
described in subsection (10) was not paid on its first
presentation, the secretary of state shall assess and collect a
penalty of $5.00 or 20% of the amount of the check or draft,
whichever is larger, in addition to the fee or tax.
(13) The owner or authorized agent of the owner of a vessel
less than 26 feet in length that is leased or rented to a person
for noncommercial use for not more than 24 hours may retain, at the
place from which the vessel departs or returns to the possession of
the owner or the owner's representative, the certificate of number
for that vessel if a copy of the lease or rental agreement is on
the vessel. Upon the demand of a peace officer, the operator shall
produce for inspection either the certificate of number or a copy
of the lease or rental agreement for that vessel. The lease or
rental agreement shall contain each of the following:
(a) The vessel number that appears on the certificate of
number.
(b) The period of time for which the vessel is leased or
rented.
(c) The signature of the vessel's owner or that person's
authorized agent.
(d) The signature of the person leasing or renting the vessel.
(14) Upon receipt of a certificate of number for a vessel, the
owner of that vessel shall paint on or attach in a permanent manner
to each side of the forward half of the vessel the number
identified in the certificate of number, in the manner prescribed
by rules promulgated by the department. The secretary of state
shall assign to the owner of vessels for rent or lease a block of
numbers sufficient to number consecutively all of that owner's
rental or lease vessels. The owner shall maintain the numbers in a
legible condition. A vessel documented by the United States coast
guard or a federal agency that is the successor to the United
States coast guard is not required to display numbers under this
part but shall display a decal indicating payment of the fee
prescribed in subsection (6), and shall otherwise be in compliance
with this part. This subsection does not apply to a nonpowered
vessel 12 feet or less in length.
(15) Upon receipt of an application for a certificate of
number in an approved form and payment of the fee required by this
part, the secretary of state shall issue a decal that is color-
coded and dated to identify the year of its expiration, and that
indicates that the vessel is numbered in compliance with this part.
The decal for a vessel numbered as a historic vessel under
subsection (21) shall bear the inscription "historic vessel". The
department shall promulgate a rule or rules to establish the manner
in
which the a decal
under this subsection is to be displayed.
(16) A decal is valid for a 3-year period that begins on April
1 and expires on March 31 of the third year. However, a decal for a
vessel numbered as a historic vessel under subsection (21) is valid
for a 10-year period that begins on April 1 and expires on March 31
of the tenth year. An original certificate of number may be issued
up to 90 days prior to April 1. A numbering renewal decal or other
renewal device may be issued up to 90 days prior to the expiration
of a certificate.
(17) Upon receipt of a request for renewal of a decal and
payment of the fee prescribed in subsection (6), the secretary of
state shall issue to the applicant a decal as provided in
subsection (15).
(18) The numbering system adopted pursuant to this part shall
be in accordance with the standard system of numbering established
by the secretary of the department in which the United States coast
guard operates.
(19) An agency of this state, a political subdivision of this
state,
or a state state-supported college or university of this
state that owns a vessel that is required to be numbered under this
part shall register that vessel and upon payment of either of the
following shall receive from the secretary of state a certificate
of number for that vessel:
(a) A fee of $3.00, for a vessel that is not used for
recreational, commercial, or rental purposes.
(b) The fee required under subsection (6), for a vessel that
is used for recreational, commercial, or rental purposes.
(20) The secretary of state shall, upon receipt of payment of
the fee required under subsection (19), issue a certificate of
number for each vessel subject to subsection (19).
(21)
A vessel that is 30 years of age or older and not used
other
than in club activities, exhibitions, tours, parades, and
other
similar activities is a historic vessel. The secretary of
state shall make available to the public application forms for
certificates
of number for historic vessels. and, upon Upon
receipt
of a completed application form, and fee, a certificate
of the owner that the vessel is owned and operated solely as a
historic vessel, and a certificate that the vessel has been
inspected and found safe to operate on the waters of this state,
the secretary of state shall number a historic vessel as a historic
vessel. The fee for the numbering of a historic vessel is 1/3 of
the otherwise applicable fee specified in subsection (6). The
certificate of number issued under this subsection is transferable
to another historic vessel upon completion of the application for
transfer and payment of the fee in the manner described in section
80125.
(22)
Upon application to the secretary of state, the owner of
a
nonmotorized canoe or kayak who registered that vessel under
former
Act No. 303 of the Public Acts of 1967 between January 1,
1989
and April 17, 1990 shall receive a refund of a portion of the
registration
fee equal to the difference in the amount that owner
paid
and the fee amount provided in subsection (6)(c).
(22) After affording an opportunity for a hearing, the
secretary of state may revoke a vessel's certificate of number and
decal as a historic vessel for any of the following reasons:
(a) The owner failed to comply with this section in obtaining
the certificate of number or decal.
(b) The vessel has been used for a purpose other than as a
historic vessel.
(c) The vessel is not safe to operate on the waters of this
state.
(23) The secretary of state shall refund to the owner of a
vessel
registered under this part or former Act No. 303 of the
Public
Acts of 1967 all of the
registration fee paid for that
vessel
pursuant to this section or section 33 of former Act No.
303
of the Public Acts of 1967 if all
of the following conditions
are met during the period for which the registration fee was paid:
(a) The owner transfers or assigns title or interest in the
registered vessel before placing the decal issued under subsection
(15) on the vessel.
(b) The owner surrenders the unused decal to the secretary of
state within 30 days after the date of transfer or assignment.
(24) The secretary of state shall refund to the surviving
spouse of a deceased vessel owner the registration fee paid
pursuant to this part, prorated on a monthly basis, upon receipt of
the decal issued under subsection (15) or evidence satisfactory to
the secretary of state that the decal issued under subsection (15)
has been destroyed or voided.
(25) If the secretary of state computes a fee under this part
that results in a figure other than a whole dollar amount, the
secretary of state shall round the figure to the nearest whole
dollar.