Bill Text: MI HB4098 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Vehicles; registration plates; 30-day license plate; establish, and require individual to have 30-day insurance policy. Amends secs. 226, 226a, 226b & 227 of 1949 PA 300 (MCL 257.226 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-31 - Bill Electronically Reproduced 01/26/2017 [HB4098 Detail]

Download: Michigan-2017-HB4098-Introduced.html

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HOUSE BILL No. 4098

 

 

January 26, 2017, Introduced by Reps. McCready, Leutheuser, Kelly, Graves and Lucido and referred to the Committee on Insurance.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 226, 226a, 226b, and 227 (MCL 257.226,

 

257.226a, 257.226b, and 257.227), section 226 as amended by 2004 PA

 

163, section 226a as amended by 2006 PA 516, section 226b as

 

amended by 2003 PA 152, and section 227 as amended by 2011 PA 92.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 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 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

 

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

 

section 226b(2), 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 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 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 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

 

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.

 

     Sec. 226a. (1) Temporary registration plates or markers may be

 

issued to licensed dealers in vehicles and to persons engaged in

 

the sale of vessels required to be numbered by part 801 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80101 to 324.80199, upon application accompanied by the

 

proper fee, for use by purchasers or lessees of vehicles, for a

 

period not to exceed 15 days pending receipt of regular

 

registration plates from the dealer or person. Only 1 temporary

 

plate or marker may be issued to a purchaser or lessee of a

 

vehicle. If a dealer or person requires a purchaser or lessee of a

 

vehicle or purchaser or lessee of a vessel to pay for a temporary

 

plate or marker, the dealer or person shall not charge the

 

purchaser or lessee more than the dealer or person was charged by

 

the secretary of state for the individual plate or marker. The

 

secretary of state shall determine the composition and design of

 

the temporary registration plates or markers.

 

     (2) The secretary of state shall issue a temporary

 

registration plate to an individual who obtains a temporary

 

registration under section 226b(2), upon application accompanied by

 

the proper fee, that is valid for a period of no more than 30 days.

 

     (3) (2) A temporary registration plate or marker shall show in

 

ink the date of issue, a description of the vehicle for which

 

issued, and any other information required by the secretary of

 

state. A dealer or person who issues a temporary registration plate

 

or marker under subsection (1) shall immediately notify the

 

secretary of state of each temporary registration plate or marker

issued by the dealer or person, on a form prescribed by the

 

secretary of state. Upon the attachment of the regular plate to a

 

vehicle for which a temporary registration plate or marker has been

 

issued, the temporary plate shall be destroyed.

 

     (4) (3) All temporary registration plates or markers shall be

 

serially numbered and upon issuance the number shall be noted on

 

the statement of vehicle sale form or in the case of a boat trailer

 

on a form prescribed by the secretary of state.

 

     (5) (4) A dealer or person, upon demand, shall immediately

 

surrender any temporary registration plates or markers in his or

 

her possession if the secretary of state finds, after

 

investigation, that the dealer or person has violated this section,

 

and the dealer or person shall immediately forfeit any right to the

 

temporary registration plates or markers.

 

     (6) (5) The secretary of state may issue a registration plate

 

upon application and payment of the proper fee to an individual,

 

partnership, corporation, or association who in the ordinary course

 

of business has occasion to legally repossess a vehicle in which a

 

security interest is held. A registration plate issued pursuant to

 

under this subsection shall be used to move and dispose of a

 

vehicle.

 

     (7) (6) The secretary of state may issue a registration plate

 

upon application and payment of the proper fee to an individual,

 

partnership, corporation, or association who in the ordinary course

 

of business has occasion to legally pick up or deliver a vehicle

 

not required to be titled under this act, to legally pick up or

 

deliver a commercial motor vehicle being driven to a facility to

undergo aftermarket modification, or to repair or service a

 

vehicle, or to persons defined as dealers under part 801 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80101 to 324.80199, for the purpose of delivering a vessel

 

or trailer to a customer or to and from a boat show or exposition.

 

A registration plate issued under this subsection shall be used to

 

move the vehicle.

 

     (8) (7) The secretary of state may issue a registration plate

 

upon application and payment of the proper fee to an individual,

 

partnership, corporation, or association who in the ordinary course

 

of business operates an auto auction, and who in the ordinary

 

course of business has occasion to legally pick up a vehicle which

 

will be offered for sale at the auction, or deliver a vehicle which

 

has been offered for sale at the auction. The registration plate

 

shall be used only to move vehicles as provided in this subsection.

 

Auto auctions that make application for a registration plate under

 

this subsection shall furnish a surety bond as required by the

 

secretary of state.

 

     Sec. 226b. (1) A The secretary of state may issue a temporary

 

registration may be issued to an owner of a vehicle. The

 

registration shall be valid for either 30 days or 60 days from date

 

of issue, at the discretion of the owner, and shall be in a form as

 

determined by the secretary of state. A The secretary of state

 

shall collect a fee shall be collected for each temporary

 

registration as provided in section 802.

 

     (2) The secretary of state shall issue a temporary

 

registration valid for 30 days from date of issue to an owner of a

vehicle if the vehicle insurance required under this act for that

 

vehicle has a term of 30 days.

 

     (3) (2) A vehicle which that has a temporary registration

 

issued under subsection (1) shall not be used for the

 

transportation of passengers for hire or for the transportation of

 

goods, wares, or merchandise or draw other vehicles transporting

 

goods, wares, or merchandise.

 

     Sec. 227. (1) Application for renewal of a vehicle

 

registration shall be made by the owner upon proper application and

 

by payment of the registration fee for the vehicle, as provided by

 

law.

 

     (2) Every application shall be accompanied by the certificate

 

of title pertaining to the vehicle, showing ownership in the person

 

applying for registration at the time of the application. The

 

secretary of state may waive the presentation of the certificate of

 

title.

 

     (3) Every application for renewal of a motor vehicle

 

registration shall be accompanied by proof of vehicle insurance

 

that has a term of at least 30 days in a form determined by the

 

secretary of state.

 

     (4) Notwithstanding subsection (3), the secretary of state

 

shall accept as proof of vehicle insurance a transmission of the

 

applicant's vehicle policy information for an insured vehicle for

 

which vehicle registration is sought. The secretary of state may

 

determine in what format and on what timeline the secretary of

 

state will receive vehicle policy information, which shall not be

 

required more frequently than every 14 days. In determining the

format under this subsection, the secretary of state shall consult

 

with insurers. The transmission to the secretary of state of the

 

vehicle policy information is proof of insurance to the secretary

 

of state for motor vehicle registration purposes only and is not

 

evidence that a policy of insurance actually exists between an

 

insurer and an individual. Vehicle policy information submitted by

 

an insurer and received by the secretary of state under this

 

subsection is confidential, is not subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed to any person except the department of community

 

health for purposes of 2006 PA 593, MCL 550.281 to 550.289, or

 

under an order by a court of competent jurisdiction in connection

 

with a claim or fraud investigation or prosecution.

 

     (5) (6) As used in this section, "policy information" means

 

the information an automobile insurer is required to supply to the

 

secretary of state under section 3101a of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.