SB-0491, As Passed Senate, November 14, 2013
SUBSTITUTE FOR
SENATE BILL NO. 491
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 219 (MCL 257.219), as amended by 2010 PA 155.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219. (1) The secretary of state shall refuse issuance of
a registration or a transfer of registration upon any of the
following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the registration of the
vehicle under this act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle, or that the
granting of registration would constitute a fraud against the
rightful owner or other person having a valid lien upon the
vehicle.
(c) The registration of the vehicle is suspended or revoked
for any reason provided in the motor vehicle laws of this state.
(d) At the time of the application, the operator's or
chauffeur's license of the owner or co-owner or lessee or co-lessee
is
suspended, revoked, or denied, except for an applicant who has
been
was issued a license under section 304, or the operator
has
never
been licensed by this state for because
of a third or
subsequent violation of section 625 or 625m, a local ordinance
substantially corresponding to section 625 or 625m, or a law of
another state substantially corresponding to section 625 or 625m,
or
for because of a fourth or subsequent suspension or revocation
under section 904.
(e) The required fee has not been paid.
(f) The applicant, at the time of applying for registration or
a transfer of registration other than a temporary registration
issued under section 226b, fails to present a certificate of
compliance or waiver for a motor vehicle as required under either
part 63 or part 65 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.6301 to 324.6321 and 324.6501
to 324.6539.
(g) The application for registration of a vehicle with an
elected gross weight of 55,000 pounds or more is not accompanied
with proof of payment of the federal highway use tax levied under
the surface transportation assistance act of 1982, Public Law 97-
424.
(h) The vehicle is an off-road vehicle manufactured
exclusively for off-road use as specified on the manufacturer's
certificate of origin, or an off-road vehicle, using either the
original vehicle identification number or a vehicle identification
number assigned by the secretary of state, that was originally
manufactured exclusively for off-road use and modified for use on
the public roadways. As used in this subdivision, off-road vehicle
includes a golf cart and does not include a motorcycle.
(2) The secretary of state shall refuse issuance of a
certificate of title or a salvage certificate of title upon any of
the following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the issuance of a
certificate of title or salvage certificate of title under this
act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle or that the
issuance of a certificate of title or a salvage certificate of
title would constitute a fraud against the rightful owner or other
person having a valid security interest upon the vehicle.
(c) The required fee has not been paid.
(d) The vehicle is an off-road vehicle manufactured
exclusively for off-road use as specified on the manufacturer's
certificate of origin, or an off-road vehicle, using either the
original vehicle identification number or a vehicle identification
number assigned by the secretary of state, that was originally
manufactured exclusively for off-road use and modified for use on
the public roadways. This subdivision does not prohibit or
otherwise affect the titling of off-road vehicles as provided in
part 811 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.81101 to 324.81150. As used in this
subdivision, off-road vehicle includes a golf cart and does not
include a motorcycle.
(3) The secretary of state shall not issue a registration for
a vehicle for which a temporary registration plate was issued under
section 904c until the violation resulting in the issuance of the
plate is adjudicated or the vehicle is transferred to a person who
is subject to payment of a use tax under section 3 of the use tax
act, 1937 PA 94, MCL 205.93.