September 17, 2013, Introduced by Reps. Kurtz, Daley, Zorn, Denby, Rendon, Lauwers, Victory and Outman and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 224, 226, and 802 (MCL 257.224, 257.226, and
257.802), section 224 as amended by 2012 PA 491, section 226 as
amended by 2004 PA 163, and section 802 as amended by 2011 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224. (1) Except as otherwise provided in this act
regarding tabs or stickers, upon registering a vehicle, the
secretary of state shall issue to the owner 1 registration plate.
(2) A registration plate shall display the registration number
assigned to the vehicle for which the registration plate is issued;
the name of this state, which may be abbreviated; and when the
registration plate expires, which may be shown by a tab or sticker
furnished by the secretary of state.
(3) A registration plate issued for motor vehicles owned and
operated by this state; a state institution; a municipality; a
privately incorporated, nonprofit volunteer fire department; or a
nonpublic, nonprofit college or university of this state shall not
expire at any particular time but shall be renewed when the
registration plate is worn out or is illegible. This registration
plate shall be assigned upon proper application and payment of the
applicable fee and may be used on any eligible vehicle titled to
the applicant if a written record is kept of the vehicles upon
which the registration plate is used. The written record shall
state the time the registration plate is used on a particular
vehicle. The record shall be open to inspection by a law
enforcement officer or a representative of the secretary of state.
(4) A registration plate issued for a vehicle owned by the
civil
air patrol as organized under 36 USC 201 to 208 40301 to
40307; a vehicle owned by a nonprofit organization and used to
transport equipment for providing dialysis treatment to children at
camp; an emergency support vehicle used exclusively for emergencies
and owned and operated by a federally recognized nonprofit
charitable organization; a vehicle owned and operated by a
nonprofit veterans center; a motor vehicle having a truck chassis
and a locomotive or ship's body which is owned by a nonprofit
veterans organization and used exclusively in parades and civic
events;
a vehicle owned and operated by a nonprofit recycling
center
or a federally recognized nonprofit conservation
organization
until December 31, 2000; a motor
vehicle owned and
operated by a senior citizen center; and a registration plate
issued for buses including station wagons, carryalls, or similarly
constructed vehicles owned and operated by a nonprofit parents'
transportation corporation used for school purposes, parochial
school, society, church Sunday school, or other grammar school, or
by a nonprofit youth organization or nonprofit rehabilitation
facility shall be issued upon proper application and payment of the
applicable tax provided in section 801(1)(g) or (h) to the
applicant for the vehicle identified in the application. The
vehicle shall be used exclusively for activities of the school or
organization and shall be designated by proper signs showing the
school or organization operating the vehicle. The registration
plate shall expire on December 31 in the fifth year following the
date of issuance. The registration plate may be transferred to
another vehicle upon proper application and payment of a $10.00
transfer fee.
(5) The department shall not issue or transfer a standard
design beads on paint registration plate or issue a registration
tab or sticker for that plate, but shall offer a new standard
design registration plate that complies with the requirements of
this act. The new standard design registration plate shall be of a
common color scheme and design that is made of fully reflectorized
material and shall be clearly visible at night. The implementation
of this subsection is contingent upon appropriations sufficient to
cover the costs to the department of designing, manufacturing,
distributing, and issuing the new standard design registration
plate. The secretary of state shall file a written report with the
secretary of the senate and the clerk of the house of
representatives of the costs incurred and revenue expended to meet
the requirements of this subsection within 30 days after all of the
standard design beads on paint registration plates to be replaced
under this subsection have been replaced.
(6) The department may use the Pure Michigan brand or a
successor or similar brand that is used in conjunction with the
state's promotion, travel, and tourism campaigns or marketing
efforts as part of the standard design for registration plates.
(7) The registration plate and the required letters and
numerals on the registration plate shall be of sufficient size to
be plainly readable from a distance of 100 feet during daylight.
The secretary of state may issue a tab or tabs designating the
month and year of expiration.
(8) The secretary of state shall issue for every passenger
motor vehicle rented without a driver the same type of registration
plate as the type of registration plate issued for private
passenger vehicles.
(9) A person shall not operate a vehicle on the public
highways or streets of this state displaying a registration plate
other than the registration plate issued for the vehicle by the
secretary of state, except as provided in this chapter for
nonresidents, and by assignment provided in subsection (3).
(10) The registration plate displayed on a vehicle registered
on the basis of elected gross weight shall indicate the elected
gross weight for which the vehicle is registered.
(11) The registration plate issued to a truck, road tractor,
or truck tractor under section 226(13) shall display the phrase "ag
service".
Sec. 226. (1) A vehicle registration issued by the secretary
of state expires on the owner's birthday, unless another expiration
date is provided for under this act or unless the registration is
for the following vehicles, in which case registration expires on
the last day of February:
(a) A commercial vehicle except for a commercial vehicle
issued a registration under the international registration plan or
a pickup truck or van owned by an individual.
(b) Except for a trailer or semitrailer issued a registration
under the international registration plan, a trailer or semitrailer
owned by a business, corporation, or person other than an
individual; or a pole trailer.
(2) Until February 1, 2005, the expiration date for a
registration issued for a motorcycle is March 31. Beginning
February 1, 2005, the expiration date for a registration issued for
a motorcycle is the motorcycle owner's birthday.
(3) The expiration date for a registration bearing the letters
"SEN" or "REP" is February 1.
(4) In the case of a vehicle owned by a business, corporation,
or an owner other than an individual, the secretary of state may
assign or reassign the expiration date of the registration.
(5) The secretary of state shall do all of the following:
(a) After the October 1 immediately preceding the year
designated on the registration, issue a registration upon
application and payment of the proper fee for a commercial vehicle,
other than a pickup or van owned by an individual; or a trailer
owned by a business, corporation, or person other than an
individual.
(b) Beginning 60 days before the expiration date assigned on
an international registration plan registration plate, issue a
registration under section 801g upon application and payment of the
proper apportioned fee for a commercial vehicle engaged in
interstate commerce.
(c) Beginning 45 days before the owner's birthday and 120 days
before the expiration date assigned by the secretary of state,
issue
a registration for a vehicle other than those a vehicle
designated in subsection (1)(a) or (b). However, if an owner whose
registration period begins 45 days before his or her birthday will
be
out of the this state during the 45 days immediately preceding
expiration of a registration or for other good cause shown cannot
apply for a renewal registration within the 45-day period,
application for a renewal registration may be made not more than 6
months before expiration.
(6) Except as otherwise provided in this subsection, the
secretary of state, upon application and payment of the proper fee,
shall issue a registration for a vehicle or a motorcycle to a
resident
that shall expire expires on the owner's birthday. If the
owner's next birthday is at least 6 months but not more than 12
months in the future, the owner shall receive a registration valid
until the owner's next birthday. If the owner's next birthday is
less than 6 months in the future, the owner shall receive a
registration valid until the owner's birthday following the owner's
next birthday. The tax required under this act for a registration
described in this subsection shall be either of the following:
(a) For an original registration, the tax shall bear the same
relationship to the tax required under section 801 for a 12-month
registration as the length of the registration bears to 12 months.
(b) For a renewal of a registration, either of the following:
(i) For a registration that is for at least 6 months but not
more than 12 months, the same amount as for 12 months.
(ii) For a renewal of a registration that is for more than 12
months, 2 times the amount for 12 months.
Partial
months shall be are considered as whole months in the
calculation of the required tax and in the determination of the
length of time between the application for a registration and the
owner's next birthday. The tax required for that registration shall
be rounded off to whole dollars as provided in section 801.
(7)
A certificate of title shall remain is valid until
canceled by the secretary of state for cause or upon a transfer of
an interest shown on the certificate of title.
(8) The secretary of state, upon request, shall issue special
registration for commercial vehicles, valid for 6 months after the
date of issue, if the full registration fee exceeds $50.00, on the
payment of 1/2 the full registration fee and a service charge as
enumerated
provided in section 802(1).
(9) The secretary of state may issue a special registration
for each of the following:
(a) A new vehicle purchased or leased outside of this state
and delivered in this state to the purchaser or lessee by the
manufacturer of that vehicle for removal to a place outside of this
state, if a certification is made that the vehicle will be
primarily used, stored, and registered outside of this state and
will not be returned to this state by the purchaser or lessee for
use or storage.
(b) A vehicle purchased or leased in this state and delivered
to the purchaser or lessee by a dealer or by the owner of the
vehicle for removal to a place outside of this state, if a
certification is made that the vehicle will be primarily used,
stored, and registered outside of this state and will not be
returned to this state by the purchaser or lessee for use or
storage.
(10) A special registration issued under subsection (9) is
valid for not more than 14 days after the date of issuance, and a
fee shall be collected for each special registration as provided in
section 802(3). The special registration may be in the form
determined by the secretary of state. If a dealer makes a retail
sale or lease of a vehicle to a purchaser or lessee who is
qualified and eligible to obtain a special registration, the dealer
shall apply for the special registration for the purchaser or
lessee. If a person other than a dealer sells or leases a vehicle
to a purchaser or lessee who is qualified and eligible to obtain a
special registration, the purchaser or lessee shall appear in
person, or by a person exercising the purchaser's or lessee's power
of attorney, at an office of the secretary of state and furnish a
certification that the person is the bona fide purchaser or lessee
or that the person has granted the power of attorney, together with
other forms required for the issuance of the special registration
and provide the secretary of state with proof that the vehicle is
covered by a Michigan no-fault insurance policy issued pursuant to
section 3101 of the insurance code of 1956, 1956 PA 218, MCL
500.3101, or proof that the vehicle is covered by a policy of
insurance issued by an insurer pursuant to section 3163 of the
insurance code of 1956, 1956 PA 218, MCL 500.3163. The
certification required in this subsection shall contain all of the
following:
(a) The address of the purchaser or lessee.
(b) A statement that the vehicle is purchased or leased for
registration outside of this state.
(c) A statement that the vehicle shall be primarily used,
stored, and registered outside of this state.
(d) The name of the jurisdiction in which the vehicle is to be
registered.
(e) Other information requested by the secretary of state.
(11)
Upon request, the secretary of state may issue a
registration
valid for 6 months after the date of issuance for use
on
a trailer or semitrailer weighing 1,500 pounds or less and that
is
used for recreational purposes, upon payment of 1/2 the full
registration
fee imposed under section 801(1)(l). This subsection
does
not apply after October 1, 2003.
(11) (12)
In the case of a commercial
vehicle, trailer, or
semitrailer issued a registration under the international
registration plan, the secretary of state in mutual agreement with
the owner may assign or reassign the expiration date of the
registration. However, the expiration date agreed to shall be
either March 31, June 30, September 30, or December 31. Renewals
expiring on or after September 30, 1993 shall be for a minimum of
at
least 12 months if there is a
change in the established
expiration date.
(12) (13)
The expiration date for a multiyear
registration
issued for a leased vehicle shall be the date the lease expires but
shall
not be for a period longer than 24 months.
(13) The secretary of state, upon request, shall issue a
special registration for a truck, road tractor, or truck tractor
that weighs 8,001 pounds or more if that truck, road tractor, or
truck tractor is used within a 100-mile radius of the address of
the owner of the truck, road tractor, or truck tractor and is
exclusively engaged in providing agricultural services to farm
operations.
(14) A person who uses a special registration issued under
subsection (13) for a purpose other than providing agricultural
services to farm operations is subject to the penalties provided
under section 904(3) for a person who violates section 904(1) or
(2).
(15) As used in this section:
(a) "Agricultural services" includes, but is not limited to,
commercial crop production and harvesting, storage of farm
products, irrigation, conservation practices, and drainage.
Agricultural services do not include animal husbandry, activities
involving the use of implements of husbandry, or the transportation
of farm products.
(b) "Farm operations" means a farm operation as that term is
defined in section 2 of the Michigan right to farm act, 1981 PA 93,
MCL 286.472.
(c) "Farm products" means that term as defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472.
Sec.
802. (1) For a special registration issued as provided
for
in under section 226(8), there the registrant shall be paid pay
1/2 the tax imposed under section 801 and in addition a service fee
of $10.00.
(2) For all commercial vehicles registered after August 31 for
the period expiring the last day of February, the secretary of
state shall collect a tax of 1/2 the rate otherwise imposed under
this
act. shall be collected. This subsection does not
apply to
vehicles registered by manufacturers or dealers under sections 244
to 247.
(3)
For each special registration as provided for in issued
under section 226(9), the secretary of state shall collect a
service
fee of $10.00. shall be collected.
(4)
For temporary registration plates or markers as provided
for
in issued under section 226a(1), the secretary of state shall
collect a service fee of $5.00 for each group of 5 of those
temporary
registration plates or markers. shall be collected.
(5)
For a temporary registration as provided in issued under
section 226b, the fee shall be either of the following:
(a) For a 30-day temporary registration, 1/10 of the tax
prescribed under section 801 or $20.00, whichever is greater, and
an additional $10.00 service fee.
(b) For a 60-day temporary registration, 1/5 of the tax
prescribed under section 801 or $40.00, whichever is greater, and
an additional $10.00 service fee.
(6)
For registration plates as provided for in issued under
section 226a(5), (6), and (7), the secretary of state shall collect
a service fee of $40.00 for 2 registration plates and $20.00 for
each
additional registration plate. shall be collected.
(7) For special registrations issued for special mobile
equipment
as provided in under section 216(d), the secretary of
state shall collect a service fee of $15.00 each for the first 3
special registrations, and $5.00 for each special registration
issued
in excess of the first 3. shall be collected.
(8) The secretary of state, upon request, may issue a
registration valid for 3 months for use on a vehicle with an
elected gross weight of 24,000 pounds or greater on the payment of
1/4 the tax provided in section 801(1)(k) and in addition a service
fee of $10.00.
(9) Upon application to the secretary of state, an owner of a
truck, truck tractor, or road tractor that is used exclusively for
the purpose of gratuitously transporting farm crops or livestock
bedding between the field where produced and the place of storage,
feed from on-farm storage to an on-farm feeding site, or
fertilizer, seed, or spray material from the farm location to the
field may obtain a special registration. The service fee for each
special
registration issued under this subsection shall be is
$20.00.
The special registration shall be is valid for a period of
up
to 12 months and shall expire expires
on December 31. As used in
this subsection:
(a) "Feed" means hay or silage.
(b) "Livestock bedding" means straw, sawdust, or sand.
(10) The secretary of state, upon request, may issue a special
registration valid for 3 or more months for a road tractor, truck,
or truck tractor owned by a farmer, if the motor vehicle is used
exclusively in connection with the farmer's farming operations or
for the transportation of the farmer and the farmer's family and
not
used for hire. The fee for the registration shall be is 1/10
of
the
tax provided in under section 801(1)(c) times the number of
months for which the special registration is requested and, in
addition, a service fee of $10.00. No special registration shall be
issued for a motor vehicle for which the tax under section
801(1)(c) would be less than $50.00.
(11) The secretary of state, upon request, may issue a
registration valid for 3 months or more for use on a vehicle with
an elected gross weight of 24,000 pounds or greater. The fee for
the
registration shall be is 1/12 of the tax provided in under
section 801(1)(k), times the number of months for which the special
registration is requested and, in addition, a service fee of
$10.00.
(12) For a special registration issued under section 226(13),
the secretary of state shall collect a $500.00 service fee. A
registrant who is issued a special registration under section
226(13) is exempt from the registration tax under section 801.
(13) (12)
The service fees collected under
subsections (1),
(3),
(4), (5), (6), (7), (8), (9), (10), and (11), and (12) shall
be deposited in the transportation administration collection fund
created in section 810b through October 1, 2015.