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.