HOUSE BILL No. 5565 April 11, 2000, Introduced by Reps. Toy, Richardville, Sanborn, Mortimer, Godchaux, Kukuk, Vear, Lockwood, DeWeese, Jelinek, Garcia, Koetje, Tabor, Birkholz, Pappageorge, Kuipers and Scott and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 226, 801b, 802, and 803g (MCL 257.226, 257.801b, 257.802, and 257.803g), section 226 as amended by 1992 PA 297, section 801b as amended by 1986 PA 311, section 802 as amended by 1998 PA 396, and section 803g as added by 1987 PA 151. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 226. (1) A vehicle registration issued by the secre- 2 tary of state expires on the owner's birthday, unless another 3 expiration date is provided for under this act or unless the reg- 4 istration is for the following vehicles, in which case registra- 5 tion expires on the last day of February: 00537'99 TLG 2 1 (a) A commercial vehicle except for a commercial vehicle 2 issued a registration under the international registration plan 3 or a pickup truck or van owned by an individual. 4 (b) Except for a trailer or semitrailer issued a registra- 5 tion under the international registration plan, a trailer or 6 semitrailer owned by a business, corporation, or person other 7 than an individual; or a pole trailer. 8 (2) The expiration date for a registration issued for a 9 motorcycle is March 31. 10(3) The expiration date for a registration bearing the let-11ters "SEN" or "REP" is February 1.12 (3)(4)In the case of a vehicle owned by a business, cor- 13 poration, or an owner other than an individual, the secretary of 14 state may assign or reassign the expiration date of the 15 registration. 16 (4)(5)The secretary of state shall do all of the 17 following: 18 (a) After the October 1 immediately preceding the year des- 19 ignated on the registration, issue a registration upon applica- 20 tion and payment of the proper fee for a commercial vehicle, 21 other than a pickup or van owned by an individual; or a trailer 22 owned by a business, corporation, or person other than an 23 individual. 24 (b) Beginning 60 days before the expiration date assigned on 25 an international registration plan registration plate, issue a 26 registration under section 801g upon application and payment of 00537'99 3 1 the proper apportioned fee for a commercial vehicle engaged in 2 interstate commerce. 3 (c) After the February 14 immediately preceding the year 4 designated on a registration, issue a registration upon applica- 5 tion and payment of the proper fee for a motorcycle. 6 (d) Beginning 45 days before the owner's birthday and 120 7 days before the expiration date assigned by the secretary of 8 state, issue a registration for a vehicle other than those desig- 9 nated in subsection (1)(a) or (b). However, if an owner whose 10 registration period begins 45 days before his or her birthday 11 will be out of the state during the 45 days immediately preceding 12 expiration of a registration or for other good cause shown cannot 13 apply for a renewal registration within the 45-day period, appli- 14 cation for a renewal registration may be made not more than 6 15 months before expiration. 16 (5)(6)Except as otherwise provided in this subsection, 17 the secretary of state, upon application and payment of the 18 proper fee, shall issue a registration for a vehicle to a resi- 19 dentwhichTHAT shall expire on the owner's birthday. If the 20 owner's next birthday isat leastNOT LESS THAN 6 months but 21 not more than 12 months in the future, the owner shall receive a 22 registration valid until the owner's next birthday. If the 23 owner's next birthday is less than 6 months in the future, the 24 owner shall receive a registration valid until the owner's birth- 25 day following the owner's next birthday. The tax required under 26 this act for a registration described in this subsection shall 27 bear the same relationship to the tax required under section 801 00537'99 4 1 for a 12-month registration as the length of time of the 2 registration bears to 12 months. Partial months shall be consid- 3 ered as whole months in the calculation of the required tax and 4 in the determination of the length of time between the applica- 5 tion for a registration and the owner's next birthday. The tax 6 required for that registration shall be rounded off to whole dol- 7 lars as provided in section 801. 8 (6)(7)A certificate of title shall remain valid until 9 canceled by the secretary of state for cause or upon a transfer 10 of an interest shown on the certificate of title. 11 (7)(8)The secretary of state, upon request, shall issue 12 A special registration for A commercialvehiclesVEHICLE, valid 13 for 6 months after the date of issue, if the full registration 14 fee exceeds $50.00, on the payment of 1/2 the full registration 15 fee and a service charge as enumerated in section 802(1). 16 (8)(9)The secretary of state may issue a special regis- 17 tration for each of the following: 18 (a) A new vehicle purchased outside of this state and deliv- 19 ered in this state to the purchaser by the manufacturer of that 20 vehicle for removal to a place outside of this state, if a certi- 21 fication is made that the vehicle will be primarily used, stored, 22 and registered outside of this state and will not be returned to 23 this state by the purchaser for use or storage. 24 (b) A vehicle purchased in this state and delivered to the 25 purchaser by a dealer or by the owner of the vehicle for removal 26 to a place outside of this state, if a certification is made that 27 the vehicle will be primarily used, stored, and registered 00537'99 5 1 outside of this state and will not be returned to this state by 2 the purchaser for use or storage. 3 (9)(10)A special registration issued under subsection 4(9)(8) is valid for not more than 14 days after the date of 5 issuance, and a fee shall be collected for each special registra- 6 tion as provided in section 802(3). The special registration may 7 be in the form determined by the secretary of state. If a dealer 8 makes a retail sale of a vehicle to a purchaser who is qualified 9 and eligible to obtain a special registration, the dealer shall 10 apply for the special registration for the purchaser. If a 11 person other than a dealer sells a vehicle to a purchaser who is 12 qualified and eligible to obtain a special registration, the pur- 13 chaser shall appear in person, or by a person exercising the 14 purchaser's power of attorney, at an office of the secretary of 15 state and furnish a certification that the person is the bona 16 fide purchaser or that the person has granted the power of attor- 17 ney, together with other forms required for the issuance of the 18 special registration and provide the secretary of state with 19 proof that the vehicle is covered by a Michigan no-fault insur- 20 ance policy issuedpursuant toUNDER section 3101 of the insur- 21 ance code of 1956,Act No. 218 of the Public Acts of 1956, being22section 500.3101 of the Michigan Compiled Laws1956 PA 218, MCL 23 500.3101, or proof that the vehicle is covered by a policy of 24 insurance issued by an insurerpursuant toUNDER section 3163 25 ofAct No. 218 of the Public Acts of 1956, being section26500.3163 of the Michigan Compiled LawsTHE INSURANCE CODE OF 00537'99 6 1 1956, 1956 PA 218, MCL 500.3163. The certification required in 2 this subsection shall contain all of the following: 3 (a) The address of the purchaser. 4 (b) A statement that the vehicle is purchased for registra- 5 tion outside of this state. 6 (c) A statement that the vehicle shall be primarily used, 7 stored, and registered outside of this state. 8 (d) The name of the jurisdiction in which the vehicle is to 9 be registered. 10 (e) Other information desired by the secretary of state. 11 (10)(11)Upon request, the secretary of state may issue a 12 registration valid for 6 months after the date of issuance for 13 use on a trailer or semitrailer weighing 1,500 pounds or less and 14 that is used for recreational purposes, upon payment of 1/2 the 15 full registration fee imposed under section 801(1)(l). 16 (11)(12)In the case of a commercial vehicle, trailer, or 17 semitrailer issued a registration under the international regis- 18 tration plan, the secretary of state in mutual agreement with the 19 owner may assign or reassign the expiration date of the 20 registration. However, the expiration date agreed to shall be 21 either March 31, June 30, September 30, or December 31. Renewals 22 expiring on or after September 30, 1993 shall be for a minimum of 23 at least 12 months if there is a change in the established expi- 24 ration date. 25 Sec. 801b. (1) If a person, through error either on his or 26 her own part or that of the secretary of state, pays the specific 27 tax required by section 801 or 802 more than once on the same 00537'99 7 1 equipment, the secretary of state, upon application and 2 satisfactory proof, shall refund the amount paid in error. A 3 claim shall be filedwithinNOT MORE THAN 1 year after the date 4 of payment and verified by the secretary of state before a refund 5 is made. If an application for a dealer license provided for in 6 section 248 is withdrawn by the applicant or the applicant's 7 heir, before issuance of the dealer license, the fees that accom- 8 panied the application under sections 803, 803a, and 807 may be 9 refunded by the secretary of state upon application and satisfac- 10 tory proof. 11 (2) If a person's license to drive a motor vehicle is 12 revoked, suspended, or denied for medical or physical reasons, 13 the person may return the registration plates and obtain a refund 14 on the plates prorated on a monthly basis for the time period 15 remaining in the registration year from the date the plates are 16 returned. However, the refund shall not exceed the original reg- 17 istration fee. 18 (3) Upon the death of a spouse, the surviving spouse may 19 return registration plates and obtain a refund on the plates pro- 20 rated on a monthly basis for the time period remaining in the 21 registration year from the date the plates are returned. 22 However, the refund shall not exceed the original registration 23 fee. 24 (4) The owner of a registered vehicle who transfers or 25 assigns title or interest in that registered vehicle before plac- 26 ing upon the registered vehicle the registration plates or tabs 27 issued for that registered vehicle may obtain a refund in full 00537'99 8 1 from the secretary of state for the registration plates or tabs. 2 Registration plates, or tabs issued for 1978 and thereafter shall 3 be returned by the ownerwithinNOT MORE THAN 30 days following 4 the date of transfer or assignment. 5 (5) The owner of a REGISTERED vehicleregistered pursuant6to section 801d(2)who transfers or assigns title or interest in 7 the vehicle may obtain a FULL refund on the registration for 8each unused,THE whole registration period remaining on the 9 registrationfrom the date the plates are returned and the10application for a refund is made.IF BOTH OF THE FOLLOWING 11 APPLY: 12 (A) THE REGISTRATION PERIOD IS FOR 12 MONTHS. 13 (B) THE OWNER RETURNS THE REGISTRATION PLATE OR TAB TO THE 14 SECRETARY OF STATE NOT MORE THAN 30 DAYS AFTER THE VEHICLE IS 15 TRANSFERRED OR ASSIGNED. HOWEVER, IF THE PLATE OR TAB WAS ISSUED 16 UNDER SECTION 801G, A REFUND SHALL NOT EXCEED THE TOTAL AMOUNT OF 17 THE MICHIGAN APPORTIONED FEES ASSESSED FOR THE PLATE OR TAB. 18 (6) In the case of an original application for registration 19 plates issued under section 217a or 803b, the secretary of state 20 shall issue a refund prorated on a monthly basis from the date of 21 application for the time period remaining in the previously 22 issued registration, if an application for the refund is made and 23 satisfactory proof is presented to the secretary of state. A 24 refund shall not be made if the amount due is less than $5.00. 25(7) In the case of an original application for the regis-26tration plates bearing the letters "SEN" or "REP", the secretary27of state shall issue a refund prorated on a monthly basis from00537'99 9 1the date of application for the time period remaining in the2previously issued registration.3 (7)(8)In the case of an original application and issu- 4 ance of an international registration plan registration plate 5 under section 801g, the secretary of state shall make a refund as 6 a credit prorated on a monthly basis from the date of application 7 for the months remaining for the previously issued registration 8 on the same vehicle, if an application for the refund as a credit 9 is made and satisfactory proof of eligibility is presented to the 10 secretary of state. A refund as a credit shall not exceed the 11 total amount of the Michigan apportioned fees assessed for the 12 plates issued under section 801g nor be made if the amount due is 13 less than $5.00. For the purpose of this subsection, a month 14shall meanMEANS 30 consecutive days and a partial month shall 15 be considered as a whole month. 16 Sec. 802. (1) For a special registration issued as provided 17 for in section226(8)226(7), there shall be paid 1/2 the tax 18 imposed under section 801 and in addition a fee of $10.00. The 19 fee shall be credited to the Michigan transportation fund and 20 used to defray the expenses of the special registration. 21 (2) For all commercial vehicles registered after August 31 22 for the period expiring the last day of February and all motorcy- 23 cles registered after September 30 for the period expiring on the 24 last day of March, a tax of 1/2 the rate otherwise imposed by 25 this act shall be collected. This subsection is not applicable 26 to vehicles registered by manufacturers or dealers under 27 sections 244 to 247. 00537'99 10 1 (3) For each special registration as provided for in section 2226(9)226(8), a fee of $10.00 shall be collected. The fee 3 shall be credited to the Michigan transportation fund and used to 4 defray the expenses of the special registrations. 5 (4) For temporary registration plates or markers as provided 6 for in section 226a(1), a fee of $5.00 for each group of 5 of 7 those temporary registration plates or markers shall be 8 collected. The fee shall be credited to the Michigan transporta- 9 tion fund and used to defray the expenses of the temporary regis- 10 tration plates or markers. 11 (5) A fee of $10.00 shall be collected for each temporary 12 registration as provided for in section 226b, the fee to be cred- 13 ited to the Michigan transportation fund and used to defray the 14 expenses of the temporary registrations. 15 (6) For registration plates as provided for in section 16 226a(5), (6), and (7), a fee of $40.00 for 2 registration plates 17 and $20.00 for each additional registration plate shall be 18 collected. The fee shall be credited to the Michigan transporta- 19 tion fund and used to defray the expenses of the temporary plates 20 or markers. 21 (7) For special registrations issued for special mobile 22 equipment as provided in section 216(d), a fee of $15.00 each for 23 the first 3 special registrations, and $5.00 for each special 24 registration issued in excess of the first 3 shall be collected. 25 The fee shall be credited to the Michigan transportation fund and 26 used to defray the expenses of the plates or markers. 00537'99 11 1 (8) The secretary of state, upon request, may issue a 2 registration valid for 3 months for use on a vehicle with an 3 elected gross weight of 24,000 pounds or greater on the payment 4 of 1/4 the full registration fee provided in section 801(1)(k) 5 and in addition a service charge of $10.00. The service charge 6 shall be credited to the Michigan transportation fund and used to 7 defray the expense of the registration plates or tabs. 8 (9) Upon application to the secretary of state, an owner of 9 a truck, truck tractor, or road tractor that is used exclusively 10 for the purpose of gratuitously transporting farm crops or live- 11 stock bedding between the field where produced and the place of 12 storage, feed from on-farm storage to an on-farm feeding site, or 13 fertilizer, seed, or spray material from the farm location to the 14 field may obtain a special registration. The fee for each spe- 15 cial registration shall be $20.00. The fee shall be credited to 16 the Michigan transportation fund and used to defray the expenses 17 of the special registration program. The special registration 18 shall be valid for a period of up to 12 months and shall expire 19 on December 31. As used in this subsection: 20 (a) "Feed" means hay or silage. 21 (b) "Livestock bedding" means straw, sawdust, or sand. 22 (10) The secretary of state, upon request, may issue a spe- 23 cial registration valid for 3 or more months for a road tractor, 24 truck, or truck tractor owned by a farmer, if the motor vehicle 25 is used exclusively in connection with the farmer's farming oper- 26 ations or for the transportation of the farmer and the farmer's 27 family and not used for hire. The fee for the registration shall 00537'99 12 1 be 1/10 of the fee provided in section 801(1)(c) times the number 2 of months for which the special registration is requested and, in 3 addition, a service fee of $10.00. The fee shall be credited to 4 the Michigan transportation fund and used to defray the expenses 5 of the registration. No special registration shall be issued for 6 a motor vehicle for which the fee under section 801(1)(c) would 7 be less than $50.00. 8 (11) The secretary of state, upon request, may issue a reg- 9 istration valid for 3 months or more for use on a vehicle with an 10 elected gross weight of 24,000 pounds or greater. The fee for 11 the registration shall be 1/12 of the fee provided in 12 section 801(1)(k), times the number of months for which the spe- 13 cial registration is requested and, in addition, a service fee of 14 $10.00. The fee shall be credited to the Michigan transportation 15 fund and used to defray the expenses of the registration. 16 Sec. 803g. (1) The secretary of state may issue a special 17 registration to a member of the United States congress from 18 Michigan OR A MEMBER OF THE MICHIGAN LEGISLATURE.The expira-19tion date of a registration issued under this section shall be20January 31.The fee for the special registration shall corre- 21 spond with the registration fees provided in section801(a)22 801(1)(A) or (q). 23 (2) A SPECIAL REGISTRATION ISSUED UNDER SUBSECTION (1) SHALL 24 EXPIRE ON THE LAST DAY THE LEGISLATOR SERVES IN OFFICE AND SHALL 25 IMMEDIATELY BE EXCHANGED BY THE SECRETARY OF STATE. 00537'99 Final page. TLG