Bill Text: MI HB5250 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 5250 (Prior Session Legislation)

Introduced

Bill Title: Vehicles; registration plates; license plate tabs; eliminate, and remove requirement to carry registration certificate in vehicle. Amends secs. 50, 217d, 221, 224, 225, 226c, 229, 256, 257, 258, 674, 675, 801e, 801f, 803a, 803b, 803e, 803f, 803i, 803j, 803k, 803l, 803m, 803n, 803o, 805, 811f & 907 of 1949 PA 300 (MCL 257.50 et seq.) & repeals secs. 223 & 803h of 1949 PA 300 (MCL 257.223 & 257.803h).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2019-11-20 - Bill Electronically Reproduced 11/20/2019 [HB5250 Detail]

Download: Michigan-2019-HB5250-Introduced.html

HOUSE BILL NO. 5250

November 13, 2019, Introduced by Reps. Maddock, Markkanen, Berman, Wakeman, Meerman, Bellino and O'Malley and referred to the Committee on Transportation.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 50, 217d, 221, 224, 225, 226c, 229, 256, 257, 258, 674, 675, 801e, 801f, 803a, 803b, 803e, 803f, 803i, 803j, 803k, 803l, 803m, 803n, 803o, 805, 811f, and 907 (MCL 257.50, 257.217d, 257.221, 257.224, 257.225, 257.226c, 257.229, 257.256, 257.257, 257.258, 257.674, 257.675, 257.801e, 257.801f, 257.803a, 257.803b, 257.803e, 257.803f, 257.803i, 257.803j, 257.803k, 257.803l, 257.803m, 257.803n, 257.803o, 257.805, 257.811f, and 257.907), section 217d as amended by 2006 PA 562, section 221 as amended by 1998 PA 64, section 224 as amended by 2018 PA 656, section 225 as amended by 2018 PA 147, section 229 as amended by 2014 PA 290, section 256 as amended by 1987 PA 34, section 257 as amended by 2014 PA 289, section 258 as amended by 2018 PA 74, section 674 as amended by 2000 PA 268, section 675 as amended by 2018 PA 179, section 801e as amended by 1983 PA 91, section 801f as amended by 1987 PA 238, section 803a as amended by 1996 PA 404, section 803b as amended by 2019 PA 88, section 803e as amended by 2011 PA 46, section 803f as amended by 2018 PA 681, section 803i as amended by 2011 PA 74, sections 803j, 803k, 803n, and 803o as amended by 1999 PA 183, section 803l as amended by 2000 PA 77, section 803m as amended by 2003 PA 152, section 805 as amended by 2013 PA 82, section 811f as amended by 2017 PA 234, and section 907 as amended by 2015 PA 126; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 50. "Registration" means a registration certificate, plate , adhesive tab, or other indicator of registration issued under this act for display on a vehicle or a registration certificate issued under this act.

Sec. 217d. (1) The secretary of state shall design and may issue a special congressional medal of honor registration plate for residents of this state awarded the congressional medal of honor.

(2) A special congressional medal of honor registration plate shall be issued only for 1 vehicle intended for personal use by the applicant.

(3) A person who is a recipient of the congressional medal of honor may apply to the secretary of state for a special registration plate under this section on a form prescribed by the

secretary of state, which shall must be accompanied by any proof of the applicant having been a congressional medal of honor recipient that the secretary of state may require. The secretary of state shall waive the $5.00 service fee requirement under section 804.

(4) A person who qualifies to be issued a special registration plate under this section is entitled to only 1 special registration plate issued under subsection (1) that is exempt from payment of the tax provided in section 801.

(5) A person with disabilities who applies for a special registration plate under this section shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is disabled as is required for issuance of a permanent windshield placard under section 675.

(5) (6) A special registration plate issued under subsection (1) expires on the birthday of the vehicle owner in a year in which new plates are issued by the secretary of state.

(6) (7) The secretary of state shall deliver or cause to be delivered 1 or more special registration plates issued under this section to the home address of the applicant at no additional cost to the applicant.

Sec. 221. (1) The secretary of state shall create and maintain a computerized central file of all applications for registration of motor vehicles and is not required to retain any other record of the application. The computerized central file must include information regarding whether the recreation passport fee under section 805 has been paid for a motor vehicle. The computerized central file shall must be interfaced with the law enforcement

information network L.E.I.N. as provided in the L.E.I.N. C.J.I.S. policy council act, of 1974, 1974 PA 163, MCL 28.211 to 28.216.28.215.

(2) The secretary of state shall preserve the records described in subsection (1) for 3 years after the date of registration. The records shall must be available to state and federal agencies and the friend of the court as provided under section 4 of the L.E.I.N. C.J.I.S. policy council act, of 1974, 1974 PA 163, MCL 28.214, and rules promulgated under that section, and to the public through the secretary of state's commercial look-up service.

(3) A person is not required to carry a registration certificate in the vehicle to which it refers. A police officer shall not demand that the person driving or in control of the vehicle display an electronic or paper copy of the registration certificate. A police officer shall use L.E.I.N. or another verification system to access registration information for a vehicle.

(4) As used in this section, "L.E.I.N." means the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

Sec. 224. (1) Except as otherwise provided in this act, regarding tabs or stickers, upon registering a vehicle, the secretary of state shall issue to the owner 1 registration plate. However, the secretary of state is not required to issue a registration plate under this subsection if the owner is renewing a registration plate that is eligible for renewal under this act.

(2) A registration plate shall must display the registration number assigned to the vehicle for which the registration plate is

issued ; and the name of this state, which may be abbreviated. ; and when the registration plate expires, which may be shown by a tab or sticker furnished by the secretary of state.

(3) A registration plate issued for motor vehicles owned and operated by this state; a state institution; a municipality; a privately incorporated, nonprofit volunteer fire department; or a nonpublic, nonprofit college or university of this state does not expire at any particular time but must be renewed when the registration plate is worn out or is illegible. This registration plate must be assigned upon proper application and payment of the applicable fee and may be used on any eligible vehicle titled to the applicant if a written record is kept of the vehicles upon which the registration plate is used. The written record shall must state the time the registration plate is used on a particular vehicle. The record shall must be open to inspection by a law enforcement officer or a representative of the secretary of state.

(4) A registration plate issued for a vehicle owned by the civil air patrol Civil Air Patrol as organized under 36 USC 40301 to 40307; a vehicle owned by a nonprofit organization and used to transport equipment for providing dialysis treatment to children at camp; an emergency support vehicle used exclusively for emergencies and owned and operated by a federally recognized nonprofit charitable organization; a vehicle owned and operated by a nonprofit food pantry or nonprofit food bank; a vehicle owned and operated by a nonprofit veterans center; a motor vehicle having a truck chassis and a locomotive or ship's body that is owned by a nonprofit veterans organization and used exclusively in parades and civic events; a vehicle owned and operated by a nonprofit recycling center or a federally recognized nonprofit conservation

organization until December 31, 2000; a motor vehicle owned and operated by a senior citizen center; and a registration plate issued for buses including station wagons, carryalls, or similarly constructed vehicles owned and operated by a nonprofit parents' transportation corporation used for school purposes, parochial school, society, church Sunday school, or other grammar school, or by a nonprofit youth organization or nonprofit rehabilitation facility shall must be issued upon proper application and payment of the applicable tax provided in section 801(1)(g) or (h) to the applicant for the vehicle identified in the application. The vehicle shall must be used exclusively for activities of the school or organization and shall must be designated by proper signs showing the school or organization operating the vehicle. The registration plate expires on December 31 in the fifth year following the date of issuance. The registration plate may be transferred to another vehicle upon proper application and payment of a $10.00 transfer fee.

(5) The department shall offer a standard design registration plate that complies with the requirements of this act. The standard design registration plate shall must be of a common color scheme and design that is made of fully reflectorized material and shall must be clearly visible at night.

(6) No later than 1 year after the effective date of the amendatory act that amended this section, March 29, 2020, the department shall permit the registrant of a vehicle to display a digital registration plate in lieu of the standard design registration plate described in subsection (5). As used in this subsection, "digital registration plate" means an electronic display that is mounted on the rear of a vehicle in place of a

registration plate issued by the secretary of state. Any data collected by the department or by a vendee selected by the department through the use of digital registration plates is the property of the department. Any use of data collected through the use of a digital registration plate is nonexclusive and is governed by this act.

(7) The department may use the Pure Michigan brand or a successor or similar brand that is used in conjunction with this state's promotion, travel, and tourism campaigns or marketing efforts as part of the standard design for registration plates.

(8) The registration plate and the required letters and numerals on the registration plate shall must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. The secretary of state may issue a tab or tabs designating the month and year of expiration.

(9) Except as otherwise provided in this subsection, the secretary of state shall issue for every passenger motor vehicle rented without a driver the same type of registration plate as the type of registration plate issued for private passenger vehicles. This subsection does not apply to a special registration plate issued for a vehicle in a fleet under section 801h.

(10) A person shall not operate a vehicle on the public highways or streets of this state displaying a registration plate other than the registration plate issued for the vehicle by the secretary of state, except as provided in this chapter for nonresidents, or by assignment as provided in subsection (3).

(11) The registration plate displayed on a vehicle registered on the basis of elected gross weight shall must indicate the elected gross weight for which the vehicle is registered.

(12) Beginning on January 1, 2015, a registration plate issued by the department under this section shall must not be renewed 10 years after the date that registration plate was issued. The owner of a vehicle whose registration plate is no longer eligible for renewal under this subsection must obtain a replacement registration plate upon payment of the fee required under section 804. For any alphanumeric series that the department has retired from circulation, upon request of the owner of a vehicle whose registration plate is no longer eligible for renewal under this subsection, the department may issue a new registration plate with the same registration number as was displayed on the expired registration plate as provided under section 803b.

(13) The secretary of state shall not issue or require to be used on a registration plate a tab designating the month and year of expiration or other registration information.

Sec. 225. (1) Except as otherwise provided in this subsection and subsection (6), a registration plate issued for a vehicle shall must be attached to the rear of the vehicle. A registration plate issued for a truck tractor or road tractor shall must be attached to the front of the vehicle.

(2) A registration plate shall must at all times be securely fastened in a horizontal position to the vehicle for which the plate is issued so as to prevent the plate from swinging. The plate shall must be attached at a height of not less than 12 inches from the ground, measured from the bottom of the plate, in a place and position that is clearly visible. The plate shall must be maintained free from foreign materials that obscure or partially obscure the registration information and in a clearly legible condition. The attachment to the rear of a vehicle of a tow ball,

bicycle rack, removable hitch, or any other device designed to carry an object on the rear of a vehicle, including the object being carried, does not violate this subsection.

(3) A registration plate or an expiration tab on the registration plate shall must be of a different color designated by the secretary of state with a marked contrast between the color of the registration plate and the numerals or letters on the plate. The secretary of state may provide a distinctive registration plate as a replacement for a standard plate. To honor a special or historical event, the secretary of state may provide a commemorative plate as a replacement for a standard plate.

(4) A person shall not attach a name plate, insignia, or advertising device to a registration plate in a manner that obscures or partially obscures the registration information.

(5) A person shall not operate a motor vehicle that has a name plate, insignia, or advertising device attached to a registration plate in a manner that obscures or partially obscures the registration information.

(6) A registration plate issued for a historic military vehicle that is authorized to be operated on the roads of this state is not required to be attached to the rear or the front of the historic military vehicle unless the historic military vehicle was originally manufactured with lighting and mounting provisions for a registration plate. However, if the registration plate is not attached to the exterior of the historic military vehicle, it shall must be present in the historic military vehicle to which it refers and shall must be made available upon demand of a police officer. As used in this subsection, "historic military vehicle" means a vehicle, including a trailer, regardless of the vehicle's size,

weight, or year of manufacture, that was manufactured for use in any country's military forces and is maintained to represent its military design and markings accurately.

(7) A person who violates this section is responsible for a civil infraction.

Sec. 226c. Beginning with the registration Registration plates manufactured in the year 1970 and succeeding years they shall after December 31, 1969 must be treated with an effective and dependable reflective material according to specifications promulgated by the department of administration technology, management, and budget, in conjunction with the department of state highways, state transportation department, the department, of state and the department of corrections. In any year during which registration plates are not furnished, the department shall furnish for each annual registration a reflective tab or sticker designating the year of registration.

Sec. 229. (1) If a registration certificate, registration plate, certificate of title, or duplicate certificate of title is lost, mutilated, or becomes illegible, the person entitled to possession of a registration certificate, registration plate, certificate of title, or duplicate certificate of title or the legal representative or successor in interest of that person as shown by the records of the department shall immediately make application apply for and may obtain a duplicate or a new registration under a new registration number, as determined to be most advisable by the department, upon the applicant furnishing information satisfactory to the department and upon payment of the required fee. Every duplicate certificate of title shall must contain the legend: "This is a duplicate certificate and may be

subject to the rights of a person under the original certificate", and shall must be delivered to the person entitled to possession of a registration certificate or certificate of title under section 222. Upon issuance of a duplicate registration certificate or plate, the previous registration certificate or plate last issued shall be is void.

(2) If a certificate of title is lost at the time that ownership of the vehicle is to be transferred to another person, the secretary of state need not issue a duplicate certificate of title if all of the following are met:

(a) The person from whom ownership of the vehicle is to be transferred appears in person at a secretary of state office and supplies evidence satisfactory to the secretary of state of his or her identity and his or her ownership of the vehicle and pays the fee required under section 806.

(b) The person to whom the vehicle is to be transferred, or his or her legal representative, accompanies the person described under subdivision (a) and makes application applies for an original certificate of title, supplies evidence satisfactory to the secretary of state of his or her identity, and pays the fee required under section 806.

(3) If the secretary of state does not issue a duplicate certificate of title under subsection (2), the secretary of state's records shall must indicate the transfer of the vehicle without a surrender of the certificate of title.

(4) As provided under section 238, the secretary of state is not required to issue a duplicate title to the owner of a vehicle if the duplicate title is subject to a security interest.

(5) If a registration certificate is lost, mutilated, or

becomes illegible, a person may obtain a duplicate upon furnishing information satisfactory to the department and upon payment of the required fee. Upon issuance of a duplicate registration certificate, the previous registration certificate last issued is void.

Sec. 256. (1) A person shall not lend to another person, or knowingly permit the use of, any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person receiving or using the certificate of title, registration certificate, registration plate, special plate, or permit would not be entitled to the use thereof. A person shall not carry or display upon a vehicle any registration certificate or registration plate not issued for the vehicle or not otherwise lawfully used under this act.

(2) Except as otherwise provided in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $100.00, or both.

(3) A person who displays upon a commercial vehicle which that is required to be registered according to the schedule of elected gross vehicle weights under section 801(1)(k) any registration plate not issued for the vehicle or not otherwise lawfully used under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.

Sec. 257. (1) A person who commits any of the following acts is guilty of a felony:

(a) Alters with fraudulent intent a certificate of title, registration certificate, or registration plate issued by the

department.

(b) Forges or counterfeits a certificate of title, registration certificate, or registration plate purporting to have been issued by the department.

(d) Holds or uses a certificate of title, registration certificate, or registration plate knowing that it has been altered, forged, or falsified.

(e) Knowingly possesses, sells, or offers for sale a stolen, false, or counterfeit certificate of title, registration certificate, registration plate, or registration decal. , or registration tab.

(f) Fraudulently indicates on a certificate of title that there is no security interest on record for the vehicle.

(g) Forges or counterfeits a letter from the holder of a security interest in a vehicle stating that the security interest has been released.

(2) A person who is convicted of a second violation of this section shall must be punished by imprisonment for not less than 2 years or more than 7 years, or by a fine of not less than $1,500.00 or more than $7,000.00, or both.

(3) A person who is convicted of a third or subsequent violation of this section shall must be punished by imprisonment for not less than 5 years or more than 15 years, or by a fine of not less than $5,000.00 or more than $15,000.00, or both.

(4) A person who is convicted of a violation of subsection (1)(f) or (g), in addition to any other penalty, shall pay restitution to the holder of a security interest in the vehicle in

the amount of the outstanding lien on the vehicle.

Sec. 258. (1) The secretary of state may cancel, revoke, or suspend the registration of a vehicle, a certificate of title, registration certificate, or registration plate if any of the following apply:

(a) The secretary of state determines that the registration, certificate of title, or plate was fraudulently or erroneously issued.

(b) The secretary of state determines that the licensee has made or is making an unlawful use of his or her registration certificate, plate, or certificate of title.

(d) The secretary of state determines that the required fee has not been paid and it is not paid upon reasonable notice or demand.

(e) A registration certificate or registration plate is knowingly displayed upon a vehicle other than the one for which it was issued.

(f) The secretary of state determines that the owner has committed an offense under this act involving the registration or certificate of title.

(g) The secretary of state is authorized to do so under this act.

(h) Upon receiving notification from another state or foreign country that a certificate of title issued by the secretary of state has been surrendered by the owner in conformity with the laws of that state or foreign country.

(i) It is shown by satisfactory evidence that delivery of a motor vehicle in the possession of a dealer was not made to the

applicant registered under this act. The money paid for registration and license fees may be refunded to the party who applies for the refund.

(j) The owner is a motor carrier subject to an out-of-service order. As used in this subdivision, "out-of-service order" means that term as defined in 49 CFR 390.5, and also includes an out-of-service order issued under 49 CFR 386.73. A law enforcement officer may also confiscate a registration plate issued to a motor carrier described in this subdivision.

(2) If the licensee's offense consists of hauling on the registered vehicle a gross weight more than 1,000 pounds in excess of the elected gross weight specified on the owners' registration certificate, the registration shall must be canceled and the vehicle shall must not again be operated on the highways, roads, or streets until it is registered again and new plates are issued. The new registration fee shall must be computed on the basis of twice the difference between the original registration fee and the registration fee applicable to the gross weight constituting the violation of the elected gross weight. One-half of the new registration fee shall be is a penalty. The period of the new registration fee shall must not extend beyond the termination date of the canceled registration certificate. The new registration fee shall must not exceed the maximum gross weight of the vehicle or combination of vehicles as determined by the number of axles and the legal weight applicable to those axles as specified by section 722. The gross weight of a vehicle or combination of vehicles may be determined by weighing the individual axles or group of axles, and the total weight on all axles is the gross vehicle weight.

(3) Before the secretary of state makes a cancellation under

subsection (1)(a), (b), (e), (f), or (g), the person affected by the cancellation shall must be given notice and an opportunity to be heard.

Sec. 674. (1) A vehicle shall must not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:

(a) On a sidewalk.

(b) In front of a public or private driveway.

(d) Within 15 feet of a fire hydrant.

(e) On a crosswalk.

(f) Within 20 feet of a crosswalk, or if there is not a crosswalk, then within 15 feet of the intersection of property lines at an intersection of highways.

(g) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic-control signal located at the side of a highway.

(h) Between a safety zone and the adjacent curb or within 30 feet of a point on the curb immediately opposite the end of a safety zone, unless a different length is indicated by an official sign or marking.

(i) Within 50 feet of the nearest rail of a railroad crossing.

(j) Within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance if properly marked by an official sign.

(k) Alongside or opposite a street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic.

(l) On the roadway side of a vehicle stopped or parked at the

edge or curb of a street.

(m) Upon a bridge or other elevated highway structure or within a highway tunnel.

(n) At a place where an official sign prohibits stopping or parking.

(o) Within 500 feet of an accident at which a police officer is in attendance, if the scene of the accident is outside of a city or village.

(p) In front of a theater.

(q) In a place or in a manner that blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building.

(r) In a place or in a manner that blocks or hampers the immediate use of an immediate egress from a fire escape conspicuously marked as a fire escape providing an emergency means of egress from a building.

(s) In a parking space clearly identified by an official sign as being reserved for use by disabled persons that is on public property or private property available for public use, unless the individual is a disabled person as described in section 19a or unless the individual is parking the vehicle for the benefit of a disabled person. In order for the vehicle to be parked in the parking space the vehicle shall must display 1 of the following:

(i) A certificate of identification or windshield placard issued under section 675 to a disabled person.

(ii) A special registration plate issued under section 803d to a disabled person.

(iii) A similar certificate of identification or windshield placard issued by another state to a disabled person.

(iv) A similar special registration plate issued by another state to a disabled person.

(v) A special registration plate to which a tab for persons with disabilities is attached issued under this act.

(t) In a clearly identified access aisle or access lane immediately adjacent to a space designated for parking by persons with disabilities.

(u) On a street or other area open to the parking of vehicles that results in the vehicle interfering with the use of a curb-cut or ramp by persons with disabilities.

(v) Within 500 feet of a fire at which fire apparatus is in attendance, if the scene of the fire is outside a city or village. However, volunteer fire fighters responding to the fire may park within 500 feet of the fire in a manner not to interfere with fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt from this subdivision.

(w) In violation of an official sign restricting the period of time for or manner of parking.

(x) In a space controlled or regulated by a meter on a public highway or in a publicly owned parking area or structure, if the allowable time for parking indicated on the meter has expired, unless the vehicle properly displays 1 or more of the items listed in section 675(8).

(y) On a street or highway in such a way as to obstruct that obstructs the delivery of mail to a rural mailbox by a carrier of the United States postal service.Postal Service.

(z) In a place or in a manner that blocks the use of an alley.

(aa) In a place or in a manner that blocks access to a space clearly designated as a fire lane.

(2) A person shall not move a vehicle not owned by the person into a prohibited area or away from a curb a distance that makes the parking unlawful.

(3) A bus, for the purpose of taking on or discharging passengers, may be stopped at a place described in subsection (1)(b), (d), or (f) or on the roadway side of a vehicle illegally parked in a legally designated bus loading zone. A bus, for the purpose of taking on or discharging a passenger, may be stopped at a place described in subsection (1)(n) if the place is posted by an appropriate bus stop sign, except that a bus shall must not stop at such a place if the stopping is specifically prohibited by the responsible local authority, the state transportation department, or the director of the department of state police.

(4) A person who violates this section is responsible for a civil infraction.

Sec. 675. (1) Except as otherwise provided in this section and this chapter, a vehicle stopped or parked upon a highway or street shall must be stopped or parked with the wheels of the vehicle parallel to the roadway and within 12 inches of any curb existing at the right of the vehicle.

(2) A local authority may by ordinance permit parking of a vehicle on a 1-way roadway with the vehicle's left wheels adjacent to and within 12 inches of any curb existing at the left of the vehicle.

(3) A local authority may by ordinance permit angle parking on a roadway, except that angle parking is not permitted on a state trunk line highway unless authorized by the state transportation department.

(4) The state transportation commission with respect to state

trunk line highways and a board of county road commissioners with respect to county roads, acting jointly with the director of the department of state police, may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on a highway where, in the opinion of the officials as determined by an engineering survey, the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic on the highway or street. The signs shall must be official signs and a person shall not stop, stand, or park a vehicle in violation of the restrictions stated on the signs. The signs shall must be installed only after a proper traffic order is filed with the county clerk. Upon the application to the state transportation commission by a home rule city affected by an order, opportunity shall must be given to the city for a hearing before the state transportation commission, under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except when if an ordinance of the home rule city prohibits or restricts the parking of vehicles on a state trunk line highway; when if the home rule city, by lawfully authorized official action, requests the state transportation department to prohibit or restrict parking on a state trunk line highway; or when if the home rule city enters into a construction agreement with the state transportation department providing for the prohibition or restriction of parking on a state trunk line highway during or after the period of construction. Traffic control orders, so long as they affect parking upon a state trunk line highway within the corporate limits of a home rule city, are considered "rules" within the meaning of the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

to 24.328, and upon application for a hearing by a home rule city, the proceedings before the state transportation commission shall be are considered a "contested case" within the meaning of that act.

(5) A disabled person may apply, on a form prescribed by the secretary of state, for a serially numbered nontransferable temporary or permanent windshield placard for the personal use of the disabled person. An individual who has a religious objection to having a medical examination may personally apply at a branch office of the secretary of state for a serially numbered nontransferable temporary or permanent windshield placard for the personal use of the disabled individual. If it appears obvious that the individual has a qualifying disability, the individual is not required to present a medical statement attesting to the disability. The application for and the issuance of the serially numbered nontransferable temporary or permanent windshield placard is subject to all of the following:

(a) The secretary of state may issue to a disabled person with a temporary disability a temporary windshield placard that is valid for a period of not more than 6 months.

(b) The secretary of state may issue to a disabled person with a permanent disability an original or renewal permanent windshield placard that is valid for a period of not more than 4 years.

(c) An original or permanent windshield placard expires on the disabled person's fifth birthday after the date of issuance.

(d) A renewal permanent windshield placard expires on the disabled person's fourth birthday after the date of renewal.

(e) Except as otherwise provided in this subsection, not more than 45 days immediately preceding the expiration of his or her certificate or placard, a person holding a permanent windshield

placard may apply for a new or renewal placard as provided in this section. However, if the person will be out of state during the 45 days immediately preceding expiration of the placard or for other good cause shown cannot apply for a placard within the 45-day period, the person may apply for a new or renewal placard not more than 6 months before the placard expires. A placard issued or renewed under this subdivision expires as provided in this subsection.

(f) Upon application in the manner prescribed by the secretary of state for replacement of a lost, stolen, or destroyed placard described in this section, a disabled person or organization that provides specialized services to disabled persons may be issued a placard that in substance duplicates the original certificate or placard for a fee of $10.00.

(g) A placard described in this section may be used by a person other than the disabled person for the sole purpose of transporting the disabled person. An organization that provides specialized services to disabled persons may apply for and receive a permanent windshield placard to be used in any motor vehicle actually transporting a disabled person. If the organization ceases to transport disabled persons, the placard shall must be returned to the secretary of state for cancellation and destruction.

(h) The secretary of state shall not issue a permanent placard to an individual under this section unless that individual has provided proof of Michigan residency.

(6) A disabled person with a certificate of identification, windshield placard, special registration plates issued under section 803d, a special registration plate issued under section 803f that has a tab for persons with disabilities attached, a

certificate of identification or windshield placard from another state, or special registration plates from another state issued for persons with disabilities is entitled to courtesy in the parking of a vehicle. The courtesy shall relieve relieves the disabled person or the person transporting the disabled person from liability for a violation with respect to parking, other than in violation of this act. A local authority may by ordinance prohibit parking on a street or highway to create a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours, and the privileges extending to veterans and physically disabled persons under this subsection do not supersede that ordinance.

(7) Except as otherwise provided in subsection (20), an application for an initial free parking sticker shall must contain a certification by a physician, physician assistant, certified nurse practitioner, or physical therapist licensed to practice in this state attesting to the nature and estimated duration of the applicant's disabling condition and verifying that the applicant qualifies for a free parking sticker. An individual who has a religious objection to having a medical examination may personally apply at a branch office of the secretary of state for an initial free parking sticker. If it appears obvious that the individual is unable to do 1 or more of the acts listed in subdivisions (a) to (d), the individual is not required to present a certification by a physician, a physician assistant, a certified nurse practitioner, or a physical therapist attesting to the nature and estimated duration of the applicant's disabling condition or verifying that the applicant qualifies for a free parking sticker. The applicant qualifies for a free parking sticker if the applicant is a licensed

driver and the physician, physician assistant, certified nurse practitioner, or physical therapist certifies or, if an individual is not required to have a certification by a physician, a physician assistant, a certified nurse practitioner, or a physical therapist, it is obvious that the applicant is unable to do 1 or more of the following:

(a) Manage, manipulate, or insert coins, or obtain tickets or tokens in parking meters or ticket machines in parking lots or parking structures, due to the lack of fine motor control of both hands.

(b) Reach above his or her head to a height of 42 inches from the ground, due to a lack of finger, hand, or upper extremity strength or mobility.

(d) Walk more than 20 feet due to an orthopedic, neurological, cardiovascular, or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk.

(8) To be entitled to free parking in a metered space or in a publicly owned parking structure or area, a vehicle must properly display 1 of the following:

(a) A windshield placard bearing a free parking sticker issued under this act.

(b) A valid windshield placard issued by another state.

(d) A license plate for persons with disabilities issued by another state.

(e) A special registration plate with a tab for persons with

disabilities attached issued by another state.

(9) A vehicle that does not properly display 1 of the items listed in subsection (8) is not entitled to free parking in a metered parking space or in a publicly owned parking area or structure, and the disabled person or vehicle operator shall pay all parking fees and may be responsible for a civil infraction.

(10) Blindness that is not accompanied by an incapacity described in subsection (7) does not entitle a person to a free parking sticker.

(11) The secretary of state shall attach a free parking sticker, in contrasting colors, to the windshield placard of a person certified as having an incapacity described in subsection (7).

(12) A windshield placard issued under this section shall must be displayed on the interior rearview mirror of the vehicle or, if there is no interior rearview mirror, on the lower left corner of the dashboard while the vehicle is parked or being parked by or under the direction of a disabled person pursuant to this section.

(13) Upon conviction of an offense involving a violation of the special privileges conferred upon a holder of a windshield placard or free parking sticker, a magistrate or judge trying the case, as a part of any penalty imposed, may confiscate the windshield placard or free parking sticker and return the confiscated item or items to the secretary of state together with a certified copy of the sentence imposed. Upon receipt of a windshield placard or free parking sticker from a judge or magistrate, the secretary of state shall cancel and destroy the placard or sticker, and the disabled person to whom it was issued shall not receive another placard or sticker until he or she

submits a completed application and presents a current medical statement attesting to his or her condition. A law enforcement officer who observes a misuse of a windshield placard or free parking sticker may immediately confiscate the placard or sticker and forward it with a copy of his or her report to the secretary of state.

(14) A person who intentionally makes a false statement of material fact or commits or attempts to commit a deception or fraud on a medical statement attesting to a disability, submitted in support of an application for a windshield placard, free parking sticker, or special registration plate , or tab for persons with disabilities under this section , or section 803d, or section 803f, is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 30 days, or both.

(15) A person who commits or attempts to commit a deception or fraud by 1 or more of the following methods is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 30 days, or both:

(a) Using a windshield placard or free parking sticker issued under this section or by another state to provide transportation to a disabled person, if the person is not providing transportation to a disabled person.

(b) Altering, modifying, or selling a windshield placard or free parking sticker issued under this section or by another state.

(c) Copying or forging a windshield placard or free parking sticker described in this section or selling a copied or forged placard or sticker described in this section. In the case of a violation of this subdivision, the fine described in this subsection shall must be not less than $250.00.

(d) Using a copied or forged windshield placard or free parking sticker described in this section.

(e) Making a false statement of material fact to obtain or assist an individual in obtaining a placard or sticker described in this section , or a special registration plate under section 803d. , or a tab for persons with disabilities under section 803f.

(f) Knowingly using or displaying a placard or sticker described in this section that has been canceled by the secretary of state.

(16) Except as otherwise provided in this section, a person who violates this section is responsible for a civil infraction.

(17) The secretary of state may cancel, revoke, or suspend a windshield placard or free parking sticker under any of the following circumstances:

(a) The secretary of state determines that a windshield placard or free parking sticker was fraudulently or erroneously issued.

(b) The secretary of state determines that a person has made or is making an unlawful use of his or her windshield placard or free parking sticker.

(c) The secretary of state determines that a check or draft used to pay the required fee is not paid on its first presentation and is not paid upon reasonable notice or demand or that the required fee is paid by an invalid credit card.

(d) The secretary of state determines that the person is no longer eligible to receive or use a windshield placard or free parking sticker.

(e) The secretary of state determines that the owner has committed an offense under this act involving a windshield placard

or free parking sticker.

(f) A person has violated this act and the secretary of state is authorized under this act to cancel, revoke, or suspend a windshield placard or free parking sticker for that violation.

(g) The secretary of state receives notice from another state or foreign country that a windshield placard or free parking sticker issued by the secretary of state has been surrendered by the owner or seized in conformity with the laws of that other state or foreign country or has been improperly used or displayed in violation of the laws of that other state or foreign country.

(18) Before a cancellation, revocation, or suspension under subsection (17), the person affected by that action shall must be given notice and an opportunity to be heard.

(19) A windshield placard issued to a disabled person shall must bear the first letter and the last 3 digits of the disabled person's driver or chauffeur's license number or official state personal identification card number.

(20) For purposes of this section only, the secretary of state may accept an application for a windshield placard, special registration plate, or free parking sticker from a disabled person that is signed by a physician, physician assistant, certified nurse practitioner, or physical therapist licensed or certified to practice in another state if the application is accompanied by a copy of that physician's, physician assistant's, certified nurse practitioner's, or physical therapist's current medical license or certification issued by that state.

(21) This section does not require new or additional third party reimbursement or worker's compensation benefits for services rendered.

(22) As used in this section, "disabled person" means a person who is determined by a physician, a physician assistant, a physical therapist, or an optometrist as specifically provided in this section licensed to practice in this state to have 1 or more of the following physical characteristics:

(a) Blindness as determined by an optometrist, a physician, or a physician assistant.

(b) Inability to walk more than 200 feet without having to stop and rest.

(i) Use 1 or both legs or feet.

(ii) Walk without the use of a wheelchair, walker, crutch, brace, prosthetic, or other device, or without the assistance of another person.

(d) A lung disease from which the person's forced expiratory volume for 1 second, when measured by spirometry, is less than 1 liter, or from which the person's arterial oxygen tension is less than 60 mm/hg of room air at rest.

(e) A cardiovascular condition that causes the person to measure between 3 and 4 on the New York heart classification scale, or that renders the person incapable of meeting a minimum standard for cardiovascular health that is established by the American Heart Association and approved by the department of public health and human services.

(f) An arthritic, neurological, or orthopedic condition that severely limits the person's ability to walk.

(g) The persistent reliance upon an oxygen source other than ordinary air.

Sec. 801e. (1) When If a moped required to be registered under

this act is sold by a retailer to a general purchaser, the retailer shall obtain the certificate of registration shall be obtained in the name of the purchaser. by the retailer. In other cases, circumstances, the purchaser shall obtain the certificate of registration. shall be obtained by the purchaser. The An application shall for registration must be signed by the purchaser of the moped and shall be accompanied by a fee of $15.00. Upon receipt of the an application for registration in approved form, the secretary of state shall enter the application upon the secretary of state's records and issue to the applicant a certificate of registration containing the decal for the moped, the name and address of the owner, and other information the secretary of state considers necessary. A moped shall is not be required to be insured in the manner specified for motor vehicles under chapter 31 of Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 to 500.3179 of the Michigan Compiled Laws. The certificate of registration shall be pocket size, shall accompany the vehicle, shall be legible, and shall be made available for inspection upon demand by a law enforcement officer.under chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

(2) A The secretary of state shall issue a decal indicating that the certificate of registration is in full force and effect. shall be issued. A The secretary of state shall not issue a registration certificate and decal shall not be issued earlier than 90 days preceding the commencement date of the new registration period. Display of the decal shall must be as prescribed by rule promulgated by the secretary of state.

(3) A retailer or manufacturer of mopeds, upon application to

the secretary of state upon forms provided by the secretary of state, may obtain certificates of registration for use in the testing or demonstrating of a moped upon payment of $10.00 for each of the first 2 registration certificates. Additional certificates may be issued at a cost of $5.00 each and used by the applicant only in the testing or demonstrating of mopeds by temporary placement of the registration on the moped being tested or demonstrated. A certificate issued pursuant to this subsection may be used on only 1 moped at any given a time.

(4) A moped registration shall be is valid for a 3-year period which that begins on May 1 and expires on April 30 of the third registration year. For purposes of this subsection, a registration year begins on May 1 and ends on April 30.

Sec. 801f. (1) The owner of a moped shall notify the secretary of state if the moped is destroyed or abandoned within 15 days after its destruction or abandonment. Notice shall must consist of a surrender of the certificate of registration on which the proper information shall must be noted on a place to be provided. The secretary of state shall cancel the certificate and enter that fact in the records of the secretary of state.

(2) The owner of a moped shall notify the secretary of state upon a change of address. The secretary of state shall record the new address shall be recorded by the secretary of state and return a certificate of registration bearing that information shall be returned to the owner.

(3) The transferee of a moped, within 15 days after acquiring it, shall make application apply to the secretary of state for transfer of the certificate of registration issued to the moped, giving the transferee's name, address, and the number of the moped

and pay to the secretary of state a transfer fee of $10.00. A registration fee of $10.00 shall must be assessed if the transferred registration would have remained valid for 1 year or less. If the transferred registration would have remained valid for more than 1 year but less than 2 years, a registration fee of $5.00 shall must be assessed. A registration fee shall must not be assessed if the transferred registration would have remained valid for 2 or more years. Upon receipt of the application and fees, the secretary of state shall transfer the certificate of registration issued for the moped to the new owner. The registration shall be is valid for 3 registration years. Unless the application is made and the fee paid within 15 days, the moped shall be is considered to be without certificate of registration and a person shall not operate the moped until a certificate is issued.

(4) If a certificate of registration is lost, mutilated, or becomes illegible, the owner of a moped shall may obtain a duplicate of the certificate upon application and payment of a fee of $2.00.

Sec. 803a. (1) The secretary of state may issue to the owner of an a historic vehicle an a historic vehicle registration plate which shall bear that bears the inscription "historical vehicle - Michigan" and the registration number.

(2) The owner of an a historic vehicle applying for an a historic vehicle registration plate or a registration tab renewal of a historic vehicle registration plate under this section shall pay a fee of $30.00, shall certify that the vehicle for which the registration is requested is owned and operated solely as an a historic vehicle, and shall certify that the vehicle has been inspected and found safe to operate on the highways of this state.

The registration certificate need not specify the weight of the historic vehicle. The registration issued under this section is transferable to another historic vehicle upon completion of the application for transfer and payment of the fee in the manner described in section 809.

(3) A registration issued under this section shall expire expires on April 15 in the tenth year following the date of issuance of the registration.

(4) The secretary of state may revoke a registration issued under this section, for cause shown and after a hearing, for failure of the applicant to comply with this section, for use of the vehicle for which the registration was issued for purposes other than those enumerated in section 20a, or because the vehicle is not safe to operate on the highways of this state.

Sec. 803b. (1) The secretary of state may issue 1 personalized vehicle registration plate that must be used on the passenger motor vehicle, pick-up truck, motorcycle, van, motor home, hearse, bus, trailer coach, or trailer for which the plate is issued instead of a standard plate. Personalized plates must bear letters and numbers as the secretary of state prescribes. The personalized plates must be made of the same material as standard plates. A personalized plate must not be a duplication of duplicate another registration plate.

(2) An application for a personalized registration plate must be submitted to the secretary of state under section 217. Application for an original personalized registration plate must be accompanied with payment of a service fee of $8.00 for the first month and of $2.00 per month for each additional month of the registration period in addition to the regular vehicle registration

fee. A second duplicate registration plate may be obtained by requesting that option on the application and paying an additional service fee of $5.00. The original and duplicate service fees must be deposited in the transportation administration collection fund created in section 810b through October 1, 2023. Application for the renewal of a personalized registration plate must be accompanied with payment of a service fee of $15.00 in addition to the regular vehicle registration fee. The service fee must be credited to the Michigan transportation fund established under, and must be allocated as prescribed under, section 10 of 1951 PA 51, MCL 247.660. The amount allocated to the state trunk line fund established under section 11 of 1951 PA 51, MCL 247.661, must be used by the state transportation department for litter pickup and cleanup on state roads and rights of way.

(3) The expiration date for a personalized registration plate must be is as prescribed under section 226. Upon the issuance or renewal of a personalized registration plate, the secretary of state may issue a tab or tabs designating the month and year of expiration. Upon the renewal of a personalized registration plate, the secretary of state shall issue a new tab or tabs for the rear plate designating the next expiration date of the plate. Upon renewal, the secretary of state shall not issue the owner a new exact duplicate of the expired plate unless the plate is illegible and the owner pays the service fee and registration fee for an original personalized registration plate.

(4) The sequence of letters or numbers or combination of letters and numbers on a personalized plate must not be given to a different person in a subsequent year unless the person to whom the plate was issued does not reapply before the expiration date of the

plate.

(5) An applicant who applies for a registration plate under section 217d, 803e, 803f, 803j, 803k, 803l, 803n, or 803o is eligible to request, and the secretary of state may issue, the registration plate with a sequence of letters and numbers otherwise authorized under this section.

(6) The secretary of state may issue a temporary permit to a person who has submitted an application and the proper fees for a personalized registration plate if the applicant's vehicle registration may expire prior to receipt of his or her personalized registration plate. The temporary registration is valid for not more than 60 days after the date of issuance. The temporary permit must be issued without a fee.

Sec. 803e. (1) A person who has been a prisoner of war or a person whose spouse has been a prisoner of war may make application apply to the secretary of state for a special registration plate that shall be inscribed with special identification numbers preceded by the letters "EX-POW" and shall have the words "ex-prisoner of war" inscribed beneath the registration number.

(2) A person who was a member of the armed services United States Armed Forces during World War I may make application apply to the secretary of state for a special registration plate , that shall be inscribed with special identification numbers preceded by the letters "WWI" and shall have the words "World War I veteran" inscribed beneath the registration number.

(3) A person who was a member of the armed services United States Armed Forces during 1941, stationed at a United States military or naval establishment at Pearl Harbor in the Hawaiian islands, and who survived the attack by Japan on Pearl Harbor on

December 7, 1941 may make application apply to the secretary of state for a special registration plate , that shall be inscribed with special identification numbers and shall have the words "Pearl Harbor survivor" inscribed beneath the registration number.

(4) A person who is a recipient of the purple heart Purple Heart medal may make application apply to the secretary of state for a special registration plate that shall be inscribed with special identification numbers and shall have the words "combat wounded veteran" inscribed beneath the registration number. In addition, the special registration plate described under this subsection shall must be inscribed with a vignette of the official purple heart Purple Heart medal.

(5) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant having been a prisoner of war, World War I veteran, Pearl Harbor survivor, or recipient of the purple heart Purple Heart medal that the secretary of state may require. Application for a "Gold Star Family" special registration plate described in subsection (9) shall must be on a form prescribed by the secretary of state and shall must be accompanied by any proof of the applicant having been a gold star family member that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(6) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 or more special registration plates for each applicant for use on a passenger vehicle. A person who is disabled who makes application for a special registration plate under this section and who makes payment

of the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. One person in any household is entitled to 1 special registration plate issued under subsection (1) that is exempt from payment of the tax provided in section 801. The person who is issued an additional special registration plate under subsection (1) shall must be assessed the applicable tax provided for in section 801. A person issued 1 or more special registration plates under subsection (2), (3), (4), or (9) shall must be assessed the applicable tax provided in section 801.

(7) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

(8) The special registration plate issued under this section expires on the birthday of the vehicle owner in a year in which new plates are issued by the secretary of state. Application for renewal of the special registration plate shall must be accompanied by a $5.00 service fee. The applicant is not required to furnish the proof provided in subsection (5).

(9) A gold star family member may make application apply to the secretary of state for a special registration plate that shall be inscribed with special identification numbers preceded by a gold star and shall have the words "Gold Star Family" inscribed beneath the registration number.

(10) As used in this section, "gold star family member" means a person who has had an immediate family member die while serving

in the United States armed forces Armed Forces or in forces incorporated as part of the United States armed forces Armed Forces if the immediate family member meets any of the eligibility criteria specified in 10 USC 1126(a)(1) to (3) for a gold star lapel button.

Sec. 803f. (1) A person who is a totally disabled veteran with an honorable discharge from the armed services United States Armed Forces may make an application apply to the secretary of state if he or she owns a private passenger motor vehicle, and the secretary of state may issue a special registration plate inscribed with special identification numbers preceded by the letters "DV" and the words "disabled veteran" inscribed beneath the registration number. For the purposes of As used in this section, "private passenger motor vehicle" means a motor vehicle that is personally owned by the disabled veteran and is used for the primary purpose of transporting the disabled veteran and family members of the disabled veteran, but does not include a motor home.

(2) Application for the special registration plate must be on a form prescribed by the secretary of state and must be accompanied by a service fee of $5.00 and proof that the applicant was honorably discharged from the armed services United States Armed Forces and either 1 of the following:

(a) That the applicant has been determined by the United States Department of Veterans Affairs to have a service-connected total or permanent total disability rating for compensation.

(b) That the applicant has been determined to have a service-connected total or permanent total disability rating and is receiving disability retirement pay from a branch of the uniformed armed services.

(3) A special registration issued under this section is exempt from payment of the tax provided in section 801.

(4) The special registration plate expires on the birthday of the disabled veteran in a year in which new plates are issued by the secretary of state. Application for renewal of the special registration plate must be accompanied by a $5.00 service fee. The applicant shall is not be required to furnish the proof provided in subsection (2).

(5) The surviving spouse of a person who is a totally disabled veteran with an honorable discharge from the armed services United States Armed Forces may use a special registration plate issued under this section after the death of the totally disabled veteran and may renew a special registration plate issued under this section after the death of the totally disabled veteran in the same manner as provided under this section for a totally disabled veteran. If applicable, a surviving spouse shall apply for registration of the vehicle upon which he or she wishes to place the disabled veteran plate before using or renewing the plate as described in this section.

(6) The secretary of state may issue to a disabled person who has been issued a special registration plate under this section a tab for persons with disabilities. The tab for persons with disabilities must be an adhesive tab displaying the international wheelchair symbol or a reasonable facsimile of that symbol. The tab for persons with disabilities may be attached only to the special registration plate issued to the disabled person under this section.

(7) An application for a tab for persons with disabilities shall be on a form prescribed by the secretary of state. The

secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. If the surviving spouse of a totally disabled veteran is a disabled person, he or she may apply to the secretary of state for a tab for persons with disabilities in the same manner as provided for a totally disabled veteran under this subsection.

(8) The tab for persons with disabilities must be issued free of charge.

(9) When a disabled person who has been issued a tab for persons with disabilities renews his or her special registration plate under this section, the secretary of state shall issue a new tab for persons with disabilities to the disabled person, free of charge. The disabled person shall not be required to again furnish the proof required under subsection (7).

(6) (10) The use of the special registration plate or a tab for persons with disabilities on a motor vehicle other than the motor vehicle for which the special registration plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

Sec. 803i. (1) A person who was or is a member of the national guard National Guard may apply to the secretary of state for a special registration plate that shall display displays an appropriate vignette preceding the registration numbers and shall have has the words "national guard" "National Guard" inscribed beneath the registration numbers for passenger vehicles only.

(2) A person who was or is a member of the military reserve may apply to the secretary of state for a special registration plate that shall display displays an appropriate vignette preceding

the registration numbers.

(3) A person who was a member of any branch of the armed services of the United States Armed Forces, who has retired or been granted an honorable discharge from that branch of the armed forces, United States Armed Forces, and who is not otherwise eligible for a special registration plate under this act may apply to the secretary of state for a special registration plate that shall display displays an appropriate vignette preceding the registration numbers.

(4) Application for a special registration plate shall must be on a form prescribed by the secretary of state and shall must be accompanied by any proof of the applicant being or having been a member of the national guard National Guard or military reserve or a member of any branch of the armed services of the United States Armed Forces as described in subsection (3) that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(5) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 or more special registration plates for each applicant for use on a passenger vehicle or, for the purposes of subsection (1) or (3), for use on a motorcycle. A person who is disabled who applies for a special registration plate under this section and who pays the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued 1 or more special registration plates under subsection (1), (2), or

(3) shall must be assessed the applicable tax provided in section 801.

(6) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

(7) The special registration plate issued under this section shall expire expires on the birthday of the vehicle owner. When new plates are issued by the secretary of state, application for renewal of the special registration plate shall must be accompanied by a $5.00 service fee. The applicant shall is not be required to furnish the proof provided in subsection (4).

Sec. 803j. (1) A person who was a member of the armed services United States Armed Forces or a person whose spouse was a member of the armed forces United States Armed Forces during the Korean War may make application apply to the secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall have has the word "veteran" inscribed beneath the registration numbers.

(2) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant or the applicant's spouse having been a Korean War veteran that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

special registration plate under this section and who makes payment of the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued 1 or more special registration plates under subsection (1) shall must be assessed the applicable tax provided in section 801.

(4) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

(5) The special registration plate issued under this section shall expire expires on the birthday of the vehicle owner. When new plates are issued by the secretary of state, application for renewal of the special registration plate shall must be accompanied by a $5.00 service fee. The applicant shall is not be required to furnish the proof provided in subsection (2).

Sec. 803k. (1) A person who was a member of the armed services United States Armed Forces during the Vietnam War or a person whose spouse was a member of the armed services United States Armed Forces during the Vietnam War may make application apply to the secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall have has the word "veteran" inscribed beneath the registration numbers.

(2) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant or applicant's spouse

having been a Vietnam War veteran that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(3) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 or more special registration plates for each applicant for use on a passenger vehicle. A person who is disabled who makes application for a special registration plate under this section and who makes payment of the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued 1 or more special registration plates under subsection (1) shall must be assessed the applicable tax provided in section 801.

(4) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

Sec. 803l. (1) A person who was a member of the armed services United States Armed Forces during World War II or a person whose spouse was a member of the armed services United States Armed Forces during World War II may make application apply to the

secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall have has the word "veteran" inscribed beneath the registration numbers.

(2) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant or applicant's spouse having been a World War II veteran that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(3) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 special registration plate for each applicant for use on a passenger vehicle. A person who is disabled who makes application for a special registration plate under this section and who makes payment of the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued a special registration plate under subsection (1) shall must be assessed the applicable tax provided in section 801.

(4) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

by a $5.00 service fee. The applicant shall is not be required to furnish the proof provided in subsection (2).

Sec. 803m. (1) The secretary of state may issue 2 special organization motor vehicle registration plates to an applicant for use on a passenger motor vehicle, pickup truck, van, or motor home for which the plates are issued instead of standard plates. A special organization motor vehicle registration plate is a registration plate issued by the secretary of state that bears on its face the symbol or emblem of an organization.

(2) Special organization plates shall must bear letters and numbers as the secretary of state prescribes. Special organization plates may contain the symbol of the organization to the left of the plate number. The secretary of state shall not issue a letter combination or permit the use of a symbol which might carry a connotation offensive to good taste and decency. The special organization plates shall must be made of the same material as standard plates. Special organization plates shall must not be a duplication of duplicate another registration plate.

(3) In order to qualify its members to receive special organization plates, an organization shall meet all of the following criteria:

(a) Be a nonprofit fraternal or public service organization.

(b) Certify that it consists of not less than 500 members and that not less than 500 members will apply for special organization registration plates.

(d) Submit a service fee of $500.00 for the initial manufacture of the symbols or emblems for the special registration

plates.

(e) Not practice or influence others to practice any form of discrimination prohibited by the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804.

(4) If an organization meets the criteria set forth in subsection (3), the organization may request the secretary of state to manufacture special organization registration plates for its members. A request shall must be accompanied by all of the following:

(a) A copy of the organization's charter and bylaws, if any.

(b) A statement of the organization's consent to use of the organization's symbol or emblem on special organization plates. The statement shall must be signed by the president or chief executive officer of the organization.

(d) The name of the organization's representative who will serve as a contact person with the secretary of state.

(5) A member of an organization which that has met the criteria set forth in subsection (3) shall individually make application apply for a special organization plate and submit with the application the organization's confirmation of membership on a form provided by the secretary of state.

(6) An application for a special organization registration plate shall must be submitted to the secretary of state pursuant to the procedures prescribed in section 217. In addition to the regular registration fee, each application for a new special organization plate shall must be accompanied by a service fee of $25.00. The service fee prescribed in this subsection shall must not be charged in connection with an application for a renewal tab

for of an existing special organization plate. A special organization registration plate shall expire expires as provided in section 226.

(7) The secretary of state may issue a temporary registration permit to a person who submits an application and the proper fees for a special organization plate, if the applicant's current vehicle registration will expire before his or her receipt of an organization plate. The temporary registration shall expire expires upon the applicant's receipt of an organization plate or upon the expiration of 60 days after the date of issuance, whichever occurs first. A temporary permit issued under this subsection shall must be issued without charge.

(8) This section shall apply to an organization described in section 811c only to the extent provided by section 811c.

Sec. 803n. (1) A person who was a member or a person whose spouse was a member of the Michigan national guard, National Guard, the United States armed forces reserve, Armed Forces Reserve, or any branch of the armed services of the United States Armed Forces and who was called to active duty during the Persian Gulf War may apply to the secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall have has the word "veteran" inscribed beneath the registration numbers.

(2) A person who was a member or a person whose spouse was a member of the armed services United States Armed Forces during the conflict in Grenada, the conflict in Panama, or the conflict in Lebanon may apply to the secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall

have has the word "veteran" inscribed beneath the registration numbers.

(3) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant or applicant's spouse having been a war or conflict veteran that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(4) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 or more special registration plates for each applicant for use on a passenger vehicle. A person who is disabled who applies for a special registration plate under this section and who pays the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued 1 or more special registration plates under subsection (1) or (2) shall must be assessed the applicable tax provided in section 801.

(5) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

(6) The special registration plate issued under this section shall expire expires on the birthday of the vehicle owner. When new plates are issued by the secretary of state, application for renewal of the special registration plate shall must be accompanied by a $5.00 service fee. The applicant shall is not be required to furnish the proof provided in subsection (3).

Sec. 803o. (1) On and after December 18, 1992, a A person who was a member or a person whose spouse was a member of the Michigan national guard, National Guard, the United States armed forces reserve, Armed Forces Reserve, or any branch of the armed services of the United States Armed Forces and who was called to active duty during a declared war or an armed conflict in which the United States was a participant may apply to the secretary of state for a special registration plate , which shall display that displays an appropriate vignette preceding the registration numbers and shall have has the word "veteran" inscribed beneath the registration numbers.

(2) Application for a special registration plate shall must be on a form prescribed by the secretary of state, and shall must be accompanied by any proof of the applicant or applicant's spouse having been a veteran of a declared war or an armed conflict in which the United States was a participant that the secretary of state may require. The application for a special registration plate shall must also be accompanied with payment of a $5.00 service fee.

(3) Upon proper application and payment of the $5.00 service fee, the secretary of state shall issue 1 or more special registration plates for each applicant for use on a passenger vehicle. A person who is disabled who applies for a special registration plate under this section and who pays the $5.00 service fee shall be issued a tab for persons with disabilities as provided in section 803f for his or her special registration plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675. A person issued 1 or more special registration plates under subsection (1) shall must

be assessed the applicable tax provided in section 801.

(4) The use of a special registration plate on a vehicle other than the vehicle for which the plate is issued, or by a person who does not qualify under this section, is a misdemeanor.

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), $10.00.

(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 be is $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 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 is 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 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 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 If the secretary of state does not issue a registration tab or sticker, the secretary of state shall consult with the director of the department of natural resources and establish an alternative regarding the establishment or modification of a method or procedure by which the department of natural resources can determine whether a recreation passport fee has been paid for a motor vehicle, including the potential for interfacing the computerized central file under section 221 with an electronic database of the department of natural resources.

(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 of the United States department of labor.Bureau of Labor Statistics of the United States Department of Labor.

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

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

Sec. 811f. (1) The secretary of state may, upon application, issue 1 fund-raising plate instead of a standard registration plate to a person for use on a passenger motor vehicle, motor home, pickup truck, or van.

(2) A person may be issued a fund-raising plate for use on a vehicle under this act by applying to the secretary of state under section 217. The applicant must accompany an application for an original fund-raising plate by a $25.00 fund-raising donation, payment of the regular vehicle registration tax prescribed under this act, and a $10.00 service fee. The applicant must accompany an application for renewal of a fund-raising plate by payment of the vehicle registration tax required under section 801 and a $10.00 fund-raising donation. The applicant must accompany an application for a replacement fund-raising plate with payment of only the fee prescribed under section 804.

(3) The secretary of state may issue a personalized fund-raising plate upon application and the payment of the personalized registration plate fee prescribed under section 803b in addition to the fees and donations prescribed under subsection (2) and the regular vehicle registration tax prescribed under this act.

(4) A disabled person who applies for a fund-raising plate under this section and who pays the required service fees shall be issued, as determined by the secretary of state, a disabled person's plate as provided in section 803d for his or her fund-raising plate. The secretary of state shall require the same proof that the applicant is a disabled person as is required for issuance of a permanent windshield placard under section 675.

(5) A fund-raising plate expires as provided in section 226. The secretary of state may issue a tab or tabs designating the month and year of expiration for an original or renewal fund-raising plate.

(6) The secretary of state may issue a temporary registration permit to a person who submits an application and the proper fees and donation for a fund-raising plate, if the applicant's current vehicle registration will expire before his or her receipt of a fund-raising plate. The temporary registration expires upon the applicant's receipt of a fund-raising plate or upon the expiration of 60 days after the date of issuance, whichever occurs first. The secretary of state shall issue the temporary permit without a separate fee.

Sec. 907. (1) A violation of this act, or a local ordinance substantially corresponding to a provision of this act, that is designated a civil infraction shall must not be considered a lesser included offense of a criminal offense.

(2) If a person is determined under sections 741 to 750 to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance substantially corresponding to a provision of this act, the judge or district court magistrate may order the person to pay a civil fine of not more than $100.00 and costs as provided in subsection (4). However, if the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, a person, or any other object, the civil fine ordered under this section shall must be increased by $25.00 but the total civil fine shall must not exceed $100.00. However, for a violation of section 602b, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of $100.00 for a first offense and $200.00 for a second or subsequent offense. For a violation of section 674(1)(s) or a local ordinance substantially corresponding to section 674(1)(s), the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $100.00 or more than $250.00. For a violation of section 676c, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of $1,000.00. For a violation of section 328, the civil fine ordered under this subsection shall must be not more than $50.00. For a violation of section 710d, the civil fine ordered under this subsection shall must not exceed $10.00, subject to subsection (12). For a violation of section 710e, the civil fine and court costs ordered under this subsection shall must be $25.00. For a violation of section 682 or a local ordinance substantially corresponding to section 682, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $100.00 or more than $500.00. For a violation of section

240, the civil fine ordered under this subsection shall must be $15.00. For a violation of section 252a(1), the civil fine ordered under this subsection shall must be $50.00. For a violation of section 676a(3), the civil fine ordered under this section shall must be not more than $10.00. For a first violation of section 319f(1), the civil fine ordered under this section shall must be not less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine shall be not less than $5,000.00 or more than $5,500.00. For a violation of section 319g(1)(a), the civil fine ordered under this section shall must be not more than $10,000.00. For a violation of section 319g(1)(g), the civil fine ordered under this section shall must be not less than $2,750.00 or more than $25,000.00. Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments, but unless permission is included in the order or judgment, the civil fine and costs shall be are payable immediately.

(3) Except as provided in this subsection, if a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance substantially corresponding to a provision of this act while driving a commercial motor vehicle, he or she shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.

(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put

in connection with the civil infraction, up to the entry of judgment. Costs shall must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) shall must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.

(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (13), the judge or district court magistrate may order the person to attend and complete a program of treatment, education, or rehabilitation.

(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it shall must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.

(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding upon the courts having jurisdiction

over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout the state.

(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments upon receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.

(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (13), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(11) If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall must be suspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.

(12) The court may waive any civil fine, cost, or assessment against a person who received a civil infraction citation for a violation of section 710d if the person, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the

requirements of section 710d.

(13) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.

(14) If a person has received a citation for a violation of former section 223, the court shall waive any civil fine, costs, and assessment, upon receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of former section 223 occurred.

(15) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act upon receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time when the violation of section 328(1) occurred. Insurance obtained subsequent to the time of after the violation occurred does not make the person eligible for a waiver under this subsection.

(16) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance substantially corresponding to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, he or she shall the person must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.

(17) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that involves the operation of a motor vehicle and for which a fine may be assessed.

Enacting section 1. Sections 223 and 803h of the Michigan vehicle code, 1949 PA 300, MCL 257.223 and 257.803h, are repealed effective January 1, 2021.

Enacting section 2. This amendatory act takes effect January 1, 2021.

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Bill Text: MI HB5250 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 5250 (Prior Session Legislation)

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