HOUSE BILL NO. 5487

February 13, 2020, Introduced by Reps. Maddock, Berman, Markkanen, Crawford, Mueller, Brann and Yaroch and referred to the Committee on Transportation.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 226 and 805 (MCL 257.226 and 257.805), section 226 as amended by 2018 PA 342 and section 805 as amended by 2013 PA 82.

the people of the state of michigan enact:


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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


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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) 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 or, if the


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owner has requested the expiration date described in subsection (13), 45 days before the expiration date, and 120 days before the expiration date assigned by the secretary of state, issue a registration for a vehicle other than those designated in subsection (1)(a) or (b). However, if an owner whose registration period begins 45 days before his or her birthday or expiration date will be out of the 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 and subsection (13), 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 or, if applicable, on the expiration date described in subsection (13). 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 or, if applicable, on the expiration date described in subsection (13). 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 or, if applicable, the expiration date described in subsection (13). The tax required under this act for a registration described in this subsection shall must be either of the following:

(a) For an original registration, the tax shall must 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


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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 the tax must bear the same relationship to the tax required under section 801 for a 12-month registration as the length of registration bears to 12 months.

Partial months shall must be 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 or, if applicable, the expiration date described in subsection (13). The tax required for that registration shall must be rounded off to whole dollars as provided in section 801.

(7) A certificate of title shall must remain 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 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


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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 30 days after the date of issuance, and a fee shall must 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 an automobile insurance policy issued under section 3101 of the insurance code of 1956, 1956 PA


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218, MCL 500.3101, or proof that the vehicle is covered by a policy of insurance issued by an insurer under section 3163 of the insurance code of 1956, 1956 PA 218, MCL 500.3163. The certification required in this subsection shall must 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 will be primarily used, stored, and registered outside of this state.

(d) The name of the jurisdiction in which where the vehicle is to be registered.

(e) Other information requested by the secretary of state.

(11) 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 must be either March 31, June 30, September 30, or December 31 or beginning on February 19, 2019, the last day of a calendar month. Renewals expiring on or after June 30, 2020 shall must be for a minimum of at least 12 months if there is a change in the established expiration date.

(12) The expiration date for a multiyear registration issued for a leased vehicle shall must be the date the lease expires but shall must not be for a period longer than 24 36 months.

(13) In the case of a vehicle owned by an individual, upon request of that individual, a vehicle registration issued by the secretary of state expires 2 or 3 years after the owner's birthday.


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Sec. 805. (1) An applicant for the issuance or renewal of a motor vehicle registration or for a replacement registration tab or sticker may submit a state park and state-operated public boating access site passport fee to the secretary of state with the application. Subject to subsection (7), the amount of the recreation passport fee is as follows:

(a) Except as provided in subdivision (b) or (c), $10.00.

(b) For an individual who obtains a 2-year or 3-year vehicle registration under section 226(13), $20.00 or $30.00, respectively.

(c) (b) For a motorcycle, $5.00.

(2) In addition to the requirements of section 217, an application for a motor vehicle registration shall must contain at least the following information, in substantially the following format and language, except that the amount of the recreation passport fee specified shall must be $20.00 for a vehicle registered for 2 years or $30.00 for a vehicle registered for 3 years under section 226(13) and $5.00 for a motorcycle:

$[Amount]

Annual vehicle registration or renewal.

$10.00

Annual authorization to use this vehicle for

 

unlimited entry into all Michigan state parks

 

and recreation areas and DNR-operated state

 

boating access sites. (Check one of the

 

boxes below.)

 

____ I elect to pay this $10.00 fee.

 

____ I elect not to pay this $10.00 fee.

 

This vehicle will not be used to enter the

 

facilities described above.

$________

Total amount due.

(3) The secretary of state may revise the format and language


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of an application for motor vehicle registration to reflect the fact that, under sections 74116 and 78119 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.74116 and 324.78119, payment of the recreation passport fee authorizes entry into all state parks and recreation areas and designated state-operated public boating access sites until expiration of the motor vehicle registration.

(4) If the applicant applies by mail and, in addition to the registration fee, the applicant pays an amount equal to the recreation passport fee, the applicant shall be considered to have elected to pay the recreation passport fee regardless of whether such an election is indicated on the application.

(5) Subsections (1) and (2) do not apply to any of the following:

(a) An application submitted by a dealer under section 217 for a vehicle sold, leased, or exchanged by the dealer.

(b) The issuance or renewal of a motor vehicle registration described in section 803e(1) and exempt under section 803e(6) from the registration tax or the issuance or renewal of a motor vehicle registration described in section 217d or 803f.

(6) The secretary of state shall, at least monthly, transfer the revenue from recreation passport fees to the department of natural resources and environment for deposit as provided in section 2045 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2045.

(7) For each calendar year, the state treasurer shall adjust the amounts set forth in subsection (1) by an amount determined by the state treasurer to reflect the cumulative percentage change in the consumer price index Consumer Price Index from October 1, 2010


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to the October 1 immediately preceding that calendar year, using the most recent data available and rounded to the nearest dollar.

(8) The legislature shall annually review the amount of revenue raised by the recreation passport fee to ensure that the amount is appropriate for the purposes for which the recreation passport fee is assessed and in compliance with law.

(9) If the secretary of state issues a registration tab or sticker for a registration plate or personalized registration plate under section 224 or 803b for a motor vehicle for which that had a recreation passport fee has been paid under this section, the tab or sticker shall must be marked in a distinctive manner determined by the secretary of state after consultation with the director of the department of natural resources and the department of state police. Before discontinuing the issuance of a registration tab or sticker, the secretary of state shall consult with the director of the department of natural resources and establish an alternative method or procedure by which the department of natural resources can use to determine whether a recreation passport fee has been paid for a motor vehicle.

(10) Whether or not an individual paid or indicated that he or she elected to pay or not to pay a recreation passport fee under this section is personal information for purposes of section 40b.

(11) As used in this section:

(a) "Consumer price index" Price Index" means the most comprehensive index of consumer prices available for this state from the bureau of labor statistics Bureau of Labor Statistics of the United States department Department of labor.Labor.

(b) "Motor vehicle" does not include a commercial motor vehicle.


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(c) "Recreation passport fee" means the state park and state-operated public boating access site recreation passport fee as provided for in subsection (1).

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.