Bill Text: MI HB5705 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Vehicles; registration; registration fees; revise calculation formula and eliminate certain reduced registration fees. Amends secs. 217, 217a, 224, 255, 256, 801, 801g, 801j, 802, 803d & 809 of 1949 PA 300 (MCL 257.217 et seq.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-13 - Bill Electronically Reproduced 03/08/2017 [HB5705 Detail]

Download: Michigan-2017-HB5705-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5705

 

 

March 8, 2018, Introduced by Rep. Howrylak and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 217, 217a, 224, 255, 256, 801, 801g, 801j,

 

802, 803d, and 809 (MCL 257.217, 257.217a, 257.224, 257.255,

 

257.256, 257.801, 257.801g, 257.801j, 257.802, 257.803d, and

 

257.809), section 217 as amended by 2014 PA 290, section 217a as

 

amended by 2015 PA 73, section 224 as amended by 2013 PA 179,

 

section 255 as amended by 2003 PA 9, section 256 as amended by

 

1987 PA 34, section 801 as amended by 2017 PA 238, sections 801g

 

and 809 as amended by 2011 PA 159, section 801j as amended by

 

2014 PA 171, section 802 as amended by 2016 PA 425, and section

 

803d as amended by 1998 PA 68.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 


 1        Sec. 217. (1) An owner of a vehicle that is subject to

 

 2  registration under this act shall apply to the secretary of

 

 3  state, upon an appropriate form furnished by the secretary of

 

 4  state, for the registration of the vehicle and issuance of a

 

 5  certificate of title for the vehicle. A vehicle brought into this

 

 6  state from another state or jurisdiction that has a rebuilt,

 

 7  salvage, scrap, flood, or comparable certificate of title issued

 

 8  by that other state or jurisdiction shall be issued a rebuilt,

 

 9  salvage, scrap, or flood certificate of title by the secretary of

 

10  state. The application shall be accompanied by the required fee.

 

11  An application for a certificate of title shall bear the

 

12  signature or verification and certification of the owner. The

 

13  application shall contain all of the following:

 

14        (a) The owner's name, the owner's bona fide residence, and

 

15  either of the following:

 

16        (i) If the owner is an individual, the owner's mailing

 

17  address.

 

18        (ii) If the owner is a firm, association, partnership,

 

19  limited liability company, or corporation, the owner's business

 

20  address.

 

21        (b) A description of the vehicle including the make or name,

 

22  style of body, and model year; the number of miles, not including

 

23  the tenths of a mile, registered on the vehicle's odometer at the

 

24  time of transfer; whether the vehicle is a flood vehicle or

 

25  another state previously issued the vehicle a flood certificate

 

26  of title; whether the vehicle is to be or has been used as a taxi

 

27  or police vehicle, or by a political subdivision of this state,

 


 1  unless the vehicle is owned by a dealer and loaned or leased to a

 

 2  political subdivision of this state for use as a driver education

 

 3  vehicle; whether the vehicle has previously been issued a salvage

 

 4  or rebuilt certificate of title from this state or a comparable

 

 5  certificate of title from any other state or jurisdiction;

 

 6  vehicle identification number; and the vehicle's weight fully

 

 7  equipped, if a passenger vehicle registered in accordance with

 

 8  section 801(1)(a), and, if a trailer coach or pickup camper, in

 

 9  addition to the weight, the manufacturer's serial number, or in

 

10  the absence of the serial number, a number assigned by the

 

11  secretary of state. A number assigned by the secretary of state

 

12  shall be permanently placed on the trailer coach or pickup camper

 

13  in the manner and place designated by the secretary of state.

 

14        (c) A statement of the applicant's title and the names and

 

15  addresses of the holders of security interests in the vehicle and

 

16  in an accessory to the vehicle, in the order of their priority.

 

17        (d) Further information that the secretary of state

 

18  reasonably requires to enable the secretary of state to determine

 

19  whether the vehicle is lawfully entitled to registration and the

 

20  owner entitled to a certificate of title. If the secretary of

 

21  state is not satisfied as to the ownership of a vehicle having a

 

22  value over $2,500.00 or that is less than 10 years old, before

 

23  registering the vehicle and issuing a certificate of title, the

 

24  secretary of state may require the applicant to file a properly

 

25  executed surety bond in a form prescribed by the secretary of

 

26  state and executed by the applicant and a company authorized to

 

27  conduct a surety business in this state. The bond shall be in an

 


 1  amount equal to twice the value of the vehicle as determined by

 

 2  the secretary of state and shall be conditioned to indemnify or

 

 3  reimburse the secretary of state, any prior owner, and any

 

 4  subsequent purchaser or lessee of the vehicle and their

 

 5  successors in interest against any expense, loss, or damage,

 

 6  including reasonable attorney's fees, by reason of the issuance

 

 7  of a certificate of title for the vehicle or on account of any

 

 8  defect in the right, title, or interest of the applicant in the

 

 9  vehicle. An interested person has a right of action to recover on

 

10  the bond for a breach of the conditions of the bond, but the

 

11  aggregate liability of the surety to all persons shall not exceed

 

12  the amount of the bond. If the secretary of state is not

 

13  satisfied as to the ownership of a vehicle that is valued at

 

14  $2,500.00 or less and that is 10 years old or older, the

 

15  secretary of state shall require the applicant to certify that

 

16  the applicant is the owner of the vehicle and entitled to

 

17  register and title the vehicle.

 

18        (e) Except as provided in subdivision (f), an application

 

19  for a commercial vehicle shall also have attached a scale weight

 

20  receipt of the motor vehicle fully equipped as of the time the

 

21  application is made. A scale weight receipt is not necessary if

 

22  there is presented with the application a registration receipt of

 

23  the previous year that shows on its face the empty weight of the

 

24  motor vehicle as registered with the secretary of state that is

 

25  accompanied by a statement of the applicant that there has not

 

26  been structural change in the motor vehicle that has increased

 

27  the empty weight and that the previous registered weight is the

 


 1  true weight.

 

 2        (f) An application for registration of a vehicle on the

 

 3  basis of elected gross weight shall include a declaration by the

 

 4  applicant specifying the elected gross weight for which

 

 5  application is being made.

 

 6        (g) If the application is for a certificate of title of a

 

 7  motor vehicle registered in accordance with section 801(1)(p),

 

 8  801(1)(j), the application shall include the manufacturer's

 

 9  suggested base list price for the model year of the vehicle. The

 

10  base list price shall be the manufacturer's suggested retail

 

11  price as shown on the label required to be affixed to the vehicle

 

12  under 15 USC 1232. If the manufacturer's suggested retail price

 

13  is unavailable, the application shall list the purchase price of

 

14  the vehicle as defined in section 801.

 

15        (2) An applicant for registration of a leased pickup truck

 

16  or passenger vehicle that is subject to registration under this

 

17  act, except a vehicle that is subject to a registration fee under

 

18  section 801g, shall disclose in writing to the secretary of state

 

19  the lessee's name, the lessee's bona fide residence, and either

 

20  of the following:

 

21        (a) If the lessee is an individual, the lessee's Michigan

 

22  driver license number or Michigan personal identification number

 

23  or, if the lessee does not have a Michigan driver license or

 

24  Michigan personal identification number, the lessee's mailing

 

25  address.

 

26        (b) If the lessee is a firm, association, partnership,

 

27  limited liability company, or corporation, the lessee's business

 


 1  address.

 

 2        (3) The secretary of state shall maintain the information

 

 3  described in subsection (2) on the secretary of state's computer

 

 4  records.

 

 5        (4) Except as provided in subsection (5), a dealer selling,

 

 6  leasing, or exchanging vehicles required to be titled, within 15

 

 7  days after delivering a vehicle to the purchaser or lessee, and a

 

 8  person engaged in the sale of vessels required to be numbered by

 

 9  part 801 of the natural resources and environmental protection

 

10  act, 1994 PA 451, MCL 324.80101 to 324.80199, within 15 days

 

11  after delivering a boat trailer weighing less than 2,500 pounds

 

12  to the purchaser or lessee, shall apply to the secretary of state

 

13  for a new title, if required, and transfer or secure registration

 

14  plates and secure a certificate of registration for the vehicle

 

15  or boat trailer, in the name of the purchaser or lessee. The

 

16  dealer's license may be suspended or revoked in accordance with

 

17  section 249 for failure to apply for a title when required or for

 

18  failure to transfer or secure registration plates and certificate

 

19  of registration within the 15 days required by this section. If

 

20  the dealer or person fails to apply for a title when required,

 

21  and to transfer or secure registration plates and secure a

 

22  certificate of registration and pay the required fees within 15

 

23  days of delivery of the vehicle or boat trailer, a title and

 

24  registration for the vehicle or boat trailer may subsequently be

 

25  acquired only upon the payment of a late transfer fee of $15.00

 

26  for an individual or a dealer other than a dealer subject to

 

27  section 235b in addition to the fees specified in section 806.

 


 1  For a used or secondhand vehicle dealer subject to section 235b,

 

 2  the late transfer fee is $100.00 in addition to the fees

 

 3  specified in section 806. The purchaser or lessee of the vehicle

 

 4  or the purchaser of the boat trailer shall sign the application,

 

 5  including, if applicable, the declaration specifying the maximum

 

 6  elected gross weight as required by subsection (1)(f), and other

 

 7  necessary papers to enable the dealer or person to secure the

 

 8  title, registration plates, and transfers from the secretary of

 

 9  state. If the secretary of state mails or delivers a purchaser's

 

10  certificate of title to a dealer, the dealer shall mail or

 

11  deliver the certificate of title to the purchaser not more than 5

 

12  days after receiving the certificate of title from the secretary

 

13  of state. However, as provided under section 238, the secretary

 

14  of state is not required to issue a title to the owner of a

 

15  vehicle or lienholder if the title is subject to a security

 

16  interest.

 

17        (5) A dealer selling or exchanging an off lease or buy back

 

18  vehicle shall apply to the secretary of state for a new title for

 

19  the vehicle within 15 days after it receives the certificate of

 

20  title from the lessor or manufacturer under section 235 or

 

21  section 235b and transfer or secure registration plates and

 

22  secure a certificate of registration for the vehicle in the name

 

23  of the purchaser. The dealer's license may be suspended or

 

24  revoked in accordance with section 249 for failure to apply for a

 

25  title when required or for failure to transfer or secure

 

26  registration plates and certificate of registration within the

 

27  15-day period. If the dealer or person fails to apply for a title

 


 1  when required, and to transfer or secure registration plates and

 

 2  secure a certificate of registration and pay the required fees

 

 3  within the 15-day time period, a title and registration for the

 

 4  vehicle may subsequently be acquired only upon the payment of a

 

 5  late transfer fee of $15.00 for an individual or dealer other

 

 6  than a used or secondhand vehicle dealer subject to section 235b

 

 7  in addition to the fees specified in section 806. The late

 

 8  transfer fee for a used or secondhand vehicle dealer subject to

 

 9  section 235b is $100.00 in addition to the fees specified in

 

10  section 806. The purchaser of the vehicle shall sign the

 

11  application, including, if applicable, the declaration specifying

 

12  the maximum elected gross weight as required by subsection

 

13  (1)(f), and other necessary papers to enable the dealer or person

 

14  to secure the title, registration plates, and transfers from the

 

15  secretary of state. If the secretary of state mails or delivers a

 

16  purchaser's certificate of title to a dealer, the dealer shall

 

17  mail or deliver the certificate of title to the purchaser not

 

18  more than 5 days after receiving the certificate of title from

 

19  the secretary of state. However, as provided under in section

 

20  238, the secretary of state is not required to issue a title to

 

21  the owner of a vehicle if the title is subject to a security

 

22  interest.

 

23        (6) If a vehicle is delivered to a purchaser or lessee who

 

24  has valid Michigan registration plates that are to be transferred

 

25  to the vehicle, and an application for title, if required, and

 

26  registration for the vehicle is not made before delivery of the

 

27  vehicle to the purchaser or lessee, the registration plates shall

 


 1  be affixed to the vehicle immediately, and the dealer shall

 

 2  provide the purchaser or lessee with an instrument in writing, on

 

 3  a form prescribed by the secretary of state, which shall serve as

 

 4  a temporary registration for the vehicle for a period of 15 days

 

 5  from the date the vehicle is delivered.

 

 6        (7) If the seller does not prepare the credit information,

 

 7  contract note, and mortgage, and the holder, finance company,

 

 8  credit union, or banking institution requires the installment

 

 9  seller to record the lien on the title, the holder, finance

 

10  company, credit union, or banking institution shall pay the

 

11  seller a service fee of not more than $10.00. The service fee

 

12  shall be paid from the finance charges and shall not be charged

 

13  to the buyer in addition to the finance charges. The holder,

 

14  finance company, credit union, or banking institution shall issue

 

15  its check or bank draft for the principal amount financed,

 

16  payable jointly to the buyer and seller, and there shall be

 

17  imprinted on the back side of the check or bank draft the

 

18  following:

 

19        "Under Michigan law, the seller must record a first lien in

 

20  favor of (name of lender) _______________ on the vehicle with

 

21  vehicle identification number _______________ and title the

 

22  vehicle only in the name(s) shown on the reverse side."

 

23        (8) On the front of the check or draft described under

 

24  subsection (7), the holder, finance company, credit union, or

 

25  banking institution shall note the name or names of the

 

26  prospective owners. Failure of the holder, finance company,

 

27  credit union, or banking institution to comply with these

 


 1  requirements frees the seller from any obligation to record the

 

 2  lien or from any liability that may arise as a result of the

 

 3  failure to record the lien. A service fee shall not be charged to

 

 4  the buyer.

 

 5        (9) In the absence of actual malice proved independently and

 

 6  not inferred from lack of probable cause, a person who in any

 

 7  manner causes a prosecution for larceny of a motor vehicle; for

 

 8  embezzlement of a motor vehicle; for any crime an element of

 

 9  which is the taking of a motor vehicle without authority; or for

 

10  buying, receiving, possessing, leasing, or aiding in the

 

11  concealment of a stolen, embezzled, or converted motor vehicle

 

12  knowing that the motor vehicle has been stolen, embezzled, or

 

13  converted, is not liable for damages in a civil action for

 

14  causing the prosecution. This subsection does not relieve a

 

15  person from proving any other element necessary to sustain his or

 

16  her cause of action.

 

17        (10) Receipt by the secretary of state of a properly

 

18  tendered application for a certificate of title on which a

 

19  security interest in a vehicle is to be indicated is a condition

 

20  of perfection of a security interest in the vehicle and is

 

21  equivalent to filing a financing statement under the uniform

 

22  commercial code, 1962 PA 174, MCL 440.1101 to 440.9994, with

 

23  respect to the vehicle. When a security interest in a vehicle is

 

24  perfected, it has priority over the rights of a lien creditor as

 

25  lien creditor that term is defined in section 9102 of the uniform

 

26  commercial code, 1962 PA 174, MCL 440.9102.

 

27        Sec. 217a. (1) A person who holds an unexpired technician,

 


 1  general, conditional, advanced, or extra class amateur radio

 

 2  license issued by the Federal Communications Commission may make

 

 3  application directly to the secretary of state for a registration

 

 4  plate inscribed with the official amateur radio call letters of

 

 5  the applicant as assigned by the Federal Communications

 

 6  Commission.

 

 7        (2) The applicant shall prove to the satisfaction of the

 

 8  secretary of state that the applicant holds an unexpired amateur

 

 9  radio license. In addition to the regular registration fee, the

 

10  applicant shall pay a service fee of $2.00. The $2.00 fee shall

 

11  be credited to the transportation administration collection fund

 

12  created under section 810b through October 1, 2019. A

 

13  registration plate may be issued under this section for a motor

 

14  vehicle that bears a registration taxed under section 801(1)(a)

 

15  or (p). 801(1)(j).

 

16        (3) If a registration plate issued under this section is

 

17  used on a vehicle other than the vehicle for which the

 

18  registration plate was issued, the owner of the registration

 

19  plate is guilty of a misdemeanor and the registration plate shall

 

20  be surrendered to the secretary of state. A holder of a

 

21  registration plate whose amateur radio license is not in full

 

22  force and effect shall immediately surrender the registration

 

23  plate issued under this section to the secretary of state and

 

24  obtain a regular registration plate.

 

25        (4) An application for a registration plate issued under

 

26  this section shall be submitted to the secretary of state under

 

27  section 217. The expiration date for plates issued under this

 


 1  section is the date determined under section 226.

 

 2        Sec. 224. (1) Except as otherwise provided in this act

 

 3  regarding tabs or stickers, upon registering a vehicle, the

 

 4  secretary of state shall issue to the owner 1 registration plate.

 

 5        (2) A registration plate shall display the registration

 

 6  number assigned to the vehicle for which the registration plate

 

 7  is issued; the name of this state, which may be abbreviated; and

 

 8  when the registration plate expires, which may be shown by a tab

 

 9  or sticker furnished by the secretary of state.

 

10        (3) A registration plate issued for motor vehicles owned and

 

11  operated by this state; a state institution; a municipality; a

 

12  privately incorporated, nonprofit volunteer fire department; or a

 

13  nonpublic, nonprofit college or university of this state shall

 

14  does not expire at any particular time but shall be renewed when

 

15  the registration plate is worn out or is illegible. This

 

16  registration plate shall be assigned upon proper application and

 

17  payment of the applicable fee and may be used on any eligible

 

18  vehicle titled to the applicant if a written record is kept of

 

19  the vehicles upon which the registration plate is used. The

 

20  written record shall state the time the registration plate is

 

21  used on a particular vehicle. The record shall be open to

 

22  inspection by a law enforcement officer or a representative of

 

23  the secretary of state.

 

24        (4) A registration plate issued for a vehicle owned by the

 

25  civil air patrol as organized under 36 USC 201 to 208; 40301 to

 

26  40307; a vehicle owned by a nonprofit organization and used to

 

27  transport equipment for providing dialysis treatment to children

 


 1  at camp; an emergency support vehicle used exclusively for

 

 2  emergencies and owned and operated by a federally recognized

 

 3  nonprofit charitable organization; a vehicle owned and operated

 

 4  by a nonprofit veterans center; a motor vehicle having a truck

 

 5  chassis and a locomotive or ship's body which that is owned by a

 

 6  nonprofit veterans organization and used exclusively in parades

 

 7  and civic events; a vehicle owned and operated by a nonprofit

 

 8  recycling center or a federally recognized nonprofit conservation

 

 9  organization until December 31, 2000; a motor vehicle owned and

 

10  operated by a senior citizen center; and a registration plate

 

11  issued for buses including station wagons, carryalls, or

 

12  similarly constructed vehicles owned and operated by a nonprofit

 

13  parents' transportation corporation used for school purposes,

 

14  parochial school, society, church Sunday school, or other grammar

 

15  school, or by a nonprofit youth organization or nonprofit

 

16  rehabilitation facility shall be issued upon proper application

 

17  and payment of the applicable tax provided in under section

 

18  801(1)(g) or (h) 801 to the applicant for the vehicle identified

 

19  in the application. The vehicle shall be used exclusively for

 

20  activities of the school or organization and shall be designated

 

21  by proper signs showing the school or organization operating the

 

22  vehicle. The registration plate shall expire on December 31 in

 

23  the fifth year following the date of issuance. The registration

 

24  plate may be transferred to another vehicle upon proper

 

25  application and payment of a $10.00 transfer fee.

 

26        (5) The department shall offer a standard design

 

27  registration plate that complies with the requirements of this

 


 1  act. The standard design registration plate shall be of a common

 

 2  color scheme and design that is made of fully reflectorized

 

 3  material and shall be clearly visible at night.

 

 4        (6) The department may use the Pure Michigan brand or a

 

 5  successor or similar brand that is used in conjunction with this

 

 6  state's promotion, travel, and tourism campaigns or marketing

 

 7  efforts as part of the standard design for registration plates.

 

 8        (7) The registration plate and the required letters and

 

 9  numerals on the registration plate shall be of sufficient size to

 

10  be plainly readable from a distance of 100 feet during daylight.

 

11  The secretary of state may issue a tab or tabs designating the

 

12  month and year of expiration.

 

13        (8) The secretary of state shall issue for every passenger

 

14  motor vehicle rented without a driver the same type of

 

15  registration plate as the type of registration plate issued for

 

16  private passenger vehicles.

 

17        (9) A person shall not operate a vehicle on the public

 

18  highways or streets of this state displaying a registration plate

 

19  other than the registration plate issued for the vehicle by the

 

20  secretary of state, except as provided in this chapter for

 

21  nonresidents, or by assignment as provided in subsection (3).

 

22        (10) The registration plate displayed on a vehicle

 

23  registered on the basis of elected gross weight shall indicate

 

24  the elected gross weight for which the vehicle is registered.

 

25        (11) Beginning on January 1, 2015, a registration plate

 

26  issued by the department under this section shall not be renewed

 

27  10 years after the date that registration plate was issued. The

 


 1  owner of a vehicle whose registration plate is no longer eligible

 

 2  for renewal under this subsection shall obtain a replacement

 

 3  registration plate upon payment of the fee required under section

 

 4  804. For any alphanumeric series that the department has retired

 

 5  from circulation, upon request of the owner of a vehicle whose

 

 6  registration plate is no longer eligible for renewal under this

 

 7  subsection, the department may issue a new registration plate

 

 8  with the same registration number as was displayed on the expired

 

 9  registration plate as provided under section 803b.

 

10        (12) The secretary of state, in conjunction with the

 

11  department of corrections, the Michigan state police, the

 

12  Michigan sheriffs' association, 1 individual appointed by the

 

13  speaker of the house of representatives, and 1 individual

 

14  appointed by the senate majority leader, shall prepare a report

 

15  analyzing the viability of moving from the current registration

 

16  plate production process to a digital printing of registration

 

17  plates. The secretary of state shall submit the report to the

 

18  standing committees of the senate and house of representatives

 

19  with primary responsibility for transportation issues no later

 

20  than December 31, 2013.

 

21        Sec. 255. (1) Except as otherwise provided in this chapter,

 

22  a person shall not operate, nor shall an owner knowingly permit

 

23  to be operated, upon any highway, a vehicle required to be

 

24  registered under this act unless there is attached to and

 

25  displayed on the vehicle, as required by this chapter, a valid

 

26  registration plate issued for the vehicle by the department for

 

27  the current registration year. A registration plate shall is not

 


 1  be required upon any wrecked or disabled vehicle, or vehicle

 

 2  destined for repair or junking, which that is being transported

 

 3  or drawn upon a highway by a wrecker or a registered motor

 

 4  vehicle.

 

 5        (2) Except as otherwise provided in this section, a person

 

 6  who violates subsection (1) is responsible for a civil

 

 7  infraction. However, if the vehicle is a commercial vehicle which

 

 8  is required to be registered according to the schedule of elected

 

 9  gross vehicle weights under section 801(1)(k), 801(1)(e), the

 

10  person is guilty of a misdemeanor punishable by imprisonment for

 

11  not more than 90 days or a fine of not more than $500.00, or

 

12  both.

 

13        (3) A person who operates a vehicle licensed under the

 

14  international registration plan and does not have a valid

 

15  registration due to nonpayment of the apportioned fee is guilty

 

16  of a misdemeanor, punishable by imprisonment for not more than 90

 

17  days, or by a fine of not more than $100.00, or both. In

 

18  addition, a police officer may impound the vehicle until a valid

 

19  registration is obtained. If the vehicle is impounded, the towing

 

20  and storage costs of the vehicle, and the care or preservation of

 

21  the load in the vehicle shall be is the owner's responsibility.

 

22  Vehicles impounded shall be are subject to a lien in the amount

 

23  of the apportioned fee and any fine and costs incurred under this

 

24  subsection, subject to a valid lien of prior record. If the

 

25  apportioned fee, fine, and costs are not paid within 90 days

 

26  after impoundment, then following a hearing before the judge or

 

27  magistrate who imposed the fine and costs, the judge or

 


 1  magistrate shall certify the unpaid judgment to the prosecuting

 

 2  attorney of the county in which the violation occurred. The

 

 3  prosecuting attorney shall enforce the lien by foreclosure sale

 

 4  in accordance with the procedure authorized by law for chattel

 

 5  mortgage foreclosures.

 

 6        Sec. 256. (1) A person shall not lend to another person, or

 

 7  knowingly permit the use of, any certificate of title,

 

 8  registration certificate, registration plate, special plate, or

 

 9  permit issued to him or her if the person receiving or using the

 

10  certificate of title, registration certificate, registration

 

11  plate, special plate, or permit would not be entitled to the use

 

12  thereof. of the certificate of title, registration certificate,

 

13  registration plate, special plate, or permit. A person shall not

 

14  carry or display upon a vehicle any registration certificate or

 

15  registration plate not issued for the vehicle or not otherwise

 

16  lawfully used under this act.

 

17        (2) Except as otherwise provided in this section, a person

 

18  who violates this section is guilty of a misdemeanor , punishable

 

19  by imprisonment for not more than 90 days , or by a fine of not

 

20  more than $100.00, or both.

 

21        (3) A person who displays upon a commercial vehicle which

 

22  that is required to be registered according to the schedule of

 

23  elected gross vehicle weights under section 801(1)(k) 801(1)(e)

 

24  any registration plate not issued for the vehicle or not

 

25  otherwise lawfully used under this act is guilty of a misdemeanor

 

26  , punishable by imprisonment for not more than 90 days , or by a

 

27  fine of not more than $500.00, or both.

 


 1        Sec. 801. (1) The secretary of state shall collect the

 

 2  following taxes at the time of registering a vehicle, which shall

 

 3  exempt the vehicle from all other state and local taxation,

 

 4  except the fees and taxes provided by law to be paid by certain

 

 5  carriers operating motor vehicles and trailers under the motor

 

 6  carrier act, 1933 PA 254, MCL 475.1 to 479.42; the taxes imposed

 

 7  by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to

 

 8  207.234; and except as otherwise provided by this act:

 

 9        (a) For a motor vehicle, including a motor home, except as

 

10  otherwise provided, and a pickup truck or van that weighs not

 

11  more than 8,000 pounds, except as otherwise provided, according

 

12  to the following schedule of empty weights:

 

 

13

     Empty weights                                          Tax

14

     0 to 3,000 pounds..................................$   29.00

15

     3,001 to 3,500 pounds..............................    32.00

16

     3,501 to 4,000 pounds..............................    37.00

17

     4,001 to 4,500 pounds..............................    43.00

18

     4,501 to 5,000 pounds..............................    47.00

19

     5,001 to 5,500 pounds..............................    52.00

20

     5,501 to 6,000 pounds..............................    57.00

21

     6,001 to 6,500 pounds..............................    62.00

22

     6,501 to 7,000 pounds..............................    67.00

23

     7,001 to 7,500 pounds..............................    71.00

24

     7,501 to 8,000 pounds..............................    77.00

25

     8,001 to 8,500 pounds..............................    81.00

26

     8,501 to 9,000 pounds..............................    86.00

27

     9,001 to 9,500 pounds..............................    91.00

28

     9,501 to 10,000 pounds.............................    95.00

29

     over 10,000 pounds.....................$ 0.90 per 100 pounds


1

                                                  of empty weight

 

 

 2        On October 1, 1983, and October 1, 1984, the tax assessed

 

 3  under this subdivision shall be annually revised for the

 

 4  registrations expiring on the appropriate October 1 or after that

 

 5  date by multiplying the tax assessed in the preceding fiscal year

 

 6  times the personal income of Michigan for the preceding calendar

 

 7  year divided by the personal income of Michigan for the calendar

 

 8  year that preceded that calendar year. In performing the

 

 9  calculations under this subdivision, the secretary of state shall

 

10  use the spring preliminary report of the United States Department

 

11  of Commerce or its successor agency. A van that is owned by an

 

12  individual who uses a wheelchair or by an individual who

 

13  transports a member of his or her household who uses a wheelchair

 

14  and for which registration plates are issued under section 803d

 

15  shall be assessed at the rate of 50% of the tax provided for in

 

16  this subdivision.

 

17        (a) (b) For a trailer coach attached to a motor vehicle, the

 

18  tax shall be assessed as provided in subdivision (l). (f). A

 

19  trailer coach not under 1959 PA 243, MCL 125.1035 to 125.1043,

 

20  and while located on land otherwise assessable as real property

 

21  under the general property tax act, 1893 PA 206, MCL 211.1 to

 

22  211.155, if the trailer coach is used as a place of habitation,

 

23  and whether or not permanently affixed to the soil, is not exempt

 

24  from real property taxes.

 

25        (b) (c) For a road tractor, modified agricultural vehicle,

 

26  truck, or truck tractor owned by a farmer and used exclusively in

 


 1  connection with a farming operation, including a farmer hauling

 

 2  livestock or farm equipment for other farmers for remuneration in

 

 3  kind or in labor, but not for money, or used for the

 

 4  transportation of the farmer and the farmer's family, and not

 

 5  used for hire, 74 cents per 100 pounds of empty weight of the

 

 6  road tractor, truck, or truck tractor. If the road tractor,

 

 7  modified agricultural vehicle, truck, or truck tractor owned by a

 

 8  farmer is also used for a nonfarming operation, the farmer is

 

 9  subject to the highest registration tax applicable to the nonfarm

 

10  use of the vehicle but is not subject to more than 1 tax rate

 

11  under this act.

 

12        (c) (d) For a road tractor, truck, or truck tractor owned by

 

13  a wood harvester and used exclusively in connection with the wood

 

14  harvesting operations or a truck used exclusively to haul milk

 

15  from the farm to the first point of delivery, 74 cents per 100

 

16  pounds of empty weight of the road tractor, truck, or truck

 

17  tractor. A registration secured by payment of the tax prescribed

 

18  in this subdivision continues in full force and effect until the

 

19  regular expiration date of the registration. As used in this

 

20  subdivision:

 

21        (i) "Wood harvester" includes the person or persons hauling

 

22  and transporting raw materials in the form produced at the

 

23  harvest site or hauling and transporting wood harvesting

 

24  equipment. Wood harvester does not include a person or persons

 

25  whose primary activity is tree-trimming or landscaping.

 

26        (ii) "Wood harvesting equipment" includes all of the

 

27  following:

 


 1        (A) A vehicle that directly harvests logs or timber,

 

 2  including, but not limited to, a processor or a feller buncher.

 

 3        (B) A vehicle that directly processes harvested logs or

 

 4  timber, including, but not limited to, a slasher, delimber,

 

 5  processor, chipper, or saw table.

 

 6        (C) A vehicle that directly processes harvested logs or

 

 7  timber, including, but not limited to, a forwarder, grapple

 

 8  skidder, or cable skidder.

 

 9        (D) A vehicle that directly loads harvested logs or timber,

 

10  including, but not limited to, a knuckle-boom loader, front-end

 

11  loader, or forklift.

 

12        (E) A bulldozer or road grader being transported to a wood

 

13  harvesting site specifically for the purpose of building or

 

14  maintaining harvest site roads.

 

15        (iii) "Wood harvesting operations" does not include the

 

16  transportation of processed lumber, Christmas trees, or processed

 

17  firewood for a profit making venture.

 

18        (e) For a hearse or ambulance used exclusively by a licensed

 

19  funeral director in the general conduct of the licensee's funeral

 

20  business, including a hearse or ambulance whose owner is engaged

 

21  in the business of leasing or renting the hearse or ambulance to

 

22  others, $1.17 per 100 pounds of the empty weight of the hearse or

 

23  ambulance.

 

24        (f) For a vehicle owned and operated by this state, a state

 

25  institution, a municipality, a privately incorporated, nonprofit

 

26  volunteer fire department, or a nonpublic, nonprofit college or

 

27  university, $5.00 per plate. A registration plate issued under

 


 1  this subdivision expires on June 30 of the year in which new

 

 2  registration plates are reissued for all vehicles by the

 

 3  secretary of state.

 

 4        (g) For a bus including a station wagon, carryall, or

 

 5  similarly constructed vehicle owned and operated by a nonprofit

 

 6  parents' transportation corporation used for school purposes,

 

 7  parochial school or society, church Sunday school, or any other

 

 8  grammar school, or by a nonprofit youth organization or nonprofit

 

 9  rehabilitation facility; or a motor vehicle owned and operated by

 

10  a senior citizen center, $10.00, if the bus, station wagon,

 

11  carryall, or similarly constructed vehicle or motor vehicle is

 

12  designated by proper signs showing the organization operating the

 

13  vehicle.

 

14        (h) For a vehicle owned by a nonprofit organization and used

 

15  to transport equipment for providing dialysis treatment to

 

16  children at camp; for a vehicle owned by the civil air patrol, as

 

17  organized under 36 USC 40301 to 40307, $10.00 per plate, if the

 

18  vehicle is designated by a proper sign showing the civil air

 

19  patrol's name; for a vehicle owned and operated by a nonprofit

 

20  veterans center; for a vehicle owned and operated by a nonprofit

 

21  recycling center or a federally recognized nonprofit conservation

 

22  organization; for a motor vehicle having a truck chassis and a

 

23  locomotive or ship's body that is owned by a nonprofit veterans

 

24  organization and used exclusively in parades and civic events; or

 

25  for an emergency support vehicle used exclusively for emergencies

 

26  and owned and operated by a federally recognized nonprofit

 

27  charitable organization, $10.00 per plate.

 


 1        (i) For each truck owned and operated free of charge by a

 

 2  bona fide ecclesiastical or charitable corporation, or Red Cross,

 

 3  Girl Scout, or Boy Scout organization, 65 cents per 100 pounds of

 

 4  the empty weight of the truck.

 

 5        (d) (j) For each truck, weighing 8,000 pounds or less, and

 

 6  not used to tow a vehicle, for each privately owned truck used to

 

 7  tow a trailer for recreational purposes only and not involved in

 

 8  a profit making venture, and for each vehicle designed and used

 

 9  to tow a mobile home or a trailer coach, except as provided in

 

10  subdivision (b), $38.00 (a), $88.00 or an amount computed

 

11  according to the following schedule of empty weights, whichever

 

12  is greater:

 

 

13

     Empty weights                                  Per 100 pounds

14

     0 to 2,500 pounds..............................  $     1.40

15

     2,501 to 4,000 pounds..........................        1.76

16

     4,001 to 6,000 pounds..........................        2.20

17

     6,001 to 8,000 pounds..........................        2.72

18

     8,001 to 10,000 pounds.........................        3.25

19

     10,001 to 15,000 pounds........................        3.77

20

     15,001 pounds and over.........................        4.39

 

 

21        If the tax required under subdivision (p) (j) for a vehicle

 

22  of the same model year with the same list price as the vehicle

 

23  for which registration is sought under this subdivision is more

 

24  than the tax provided under the preceding provisions of this

 

25  subdivision for an identical vehicle, the tax required under this

 

26  subdivision is not less than the tax required under subdivision

 

27  (p) (j) for a vehicle of the same model year with the same list


 

 1  price.

 

 2        (e) (k) For each truck weighing 8,000 pounds or less towing

 

 3  a trailer or any other combination of vehicles and for each truck

 

 4  weighing 8,001 pounds or more, road tractor or truck tractor,

 

 5  except as provided in subdivision (j), as follows:

 

 6        (i) Until December 31, 2016, according to the following

 

 7  schedule of elected gross weights:

 

 

8

     Elected gross weight                                    Tax

9

     0 to 24,000 pounds..............................  $    491.00

10

     24,001 to 26,000 pounds.........................       558.00

11

     26,001 to 28,000 pounds.........................       558.00

12

     28,001 to 32,000 pounds.........................       649.00

13

     32,001 to 36,000 pounds.........................       744.00

14

     36,001 to 42,000 pounds.........................       874.00

15

     42,001 to 48,000 pounds.........................     1,005.00

16

     48,001 to 54,000 pounds.........................     1,135.00

17

     54,001 to 60,000 pounds.........................     1,268.00

18

     60,001 to 66,000 pounds.........................     1,398.00

19

     66,001 to 72,000 pounds.........................     1,529.00

20

     72,001 to 80,000 pounds.........................     1,660.00

21

     80,001 to 90,000 pounds.........................     1,793.00

22

     90,001 to 100,000 pounds........................     2,002.00

23

     100,001 to 115,000 pounds.......................     2,223.00

24

     115,001 to 130,000 pounds.......................     2,448.00

25

     130,001 to 145,000 pounds.......................     2,670.00

26

     145,001 to 160,000 pounds.......................     2,894.00

27

     over 160,000 pounds.............................     3,117.00

 


 

 1        (ii) Beginning on January 1, 2017, (d), according to the

 

 2  following schedule of elected gross weights:

 

 

3

     Elected gross weight                                    Tax

4

     0 to 24,000 pounds..............................  $    590.00

5

     24,001 to 26,000 pounds.........................       670.00

6

     26,001 to 28,000 pounds.........................       670.00

7

     28,001 to 32,000 pounds.........................       779.00

8

     32,001 to 36,000 pounds.........................       893.00

9

     36,001 to 42,000 pounds.........................     1,049.00

10

     42,001 to 48,000 pounds.........................     1,206.00

11

     48,001 to 54,000 pounds.........................     1,362.00

12

     54,001 to 60,000 pounds.........................     1,522.00

13

     60,001 to 66,000 pounds.........................     1,678.00

14

     66,001 to 72,000 pounds.........................     1,835.00

15

     72,001 to 80,000 pounds.........................     1,992.00

16

     80,001 to 90,000 pounds.........................     2,152.00

17

     90,001 to 100,000 pounds........................     2,403.00

18

     100,001 to 115,000 pounds.......................     2,668.00

19

     115,001 to 130,000 pounds.......................     2,938.00

20

     130,001 to 145,000 pounds.......................     3,204.00

21

     145,001 to 160,000 pounds.......................     3,473.00

22

     over 160,000 pounds.............................     3,741.00

 

 

23        For each commercial vehicle registered under this

 

24  subdivision, $15.00 shall be deposited in a truck safety fund to

 

25  be expended as provided in section 25 of 1951 PA 51, MCL 247.675.

 

26        If a truck tractor or road tractor without trailer is leased

 

27  from an individual owner-operator, the lessee, whether an


 

 1  individual, firm, or corporation, shall pay to the owner-operator

 

 2  60% of the tax prescribed in this subdivision for the truck

 

 3  tractor or road tractor at the rate of 1/12 for each month of the

 

 4  lease or arrangement in addition to the compensation the owner-

 

 5  operator is entitled to for the rental of his or her equipment.

 

 6        (f) (l) For each pole trailer, semitrailer, trailer coach, or

 

 7  trailer, the tax shall be assessed according to the following

 

 8  schedule of empty weights:

 

 

9

     Empty weights                                           Tax

10

     0 to 2,499 pounds...........................   $   75.0088.00

11

     2,500 to 9,999 pounds............................      200.00

12

     10,000 pounds and over...........................      300.00

 

 

13        The registration plate issued under this subdivision expires

 

14  only when the secretary of state reissues a new registration

 

15  plate for all trailers. Beginning October 1, 2005, if the

 

16  secretary of state reissues a new registration plate for all

 

17  trailers, a person who has once paid the tax as increased by 2003

 

18  PA 152 for a vehicle under this subdivision is not required to

 

19  pay the tax for that vehicle a second time, but is required to

 

20  pay only the cost of the reissued plate at the rate provided in

 

21  section 804(2) for a standard plate. A registration plate issued

 

22  under this subdivision is nontransferable.

 

23        (g) (m) For each commercial vehicle used for the

 

24  transportation of passengers for hire except for a vehicle for

 

25  which a payment is made under 1960 PA 2, MCL 257.971 to 257.972,

 


 1  according to the following schedule of empty weights:

 

 

2

     Empty weights                                  Per 100 pounds

3

     0 to 4,000 pounds.............................. $      1.76

4

     4,001 to 6,000 pounds..........................        2.20

5

     6,001 to 10,000 pounds.........................        2.72

6

     10,001 pounds and over.........................        3.25

 

 

 7        (h) (n) For each motorcycle, as follows:

 

 

8

 

(i)

Until February 18, 2019................... $    23.00

9

 

(ii)

Beginning February 19, 2019............... $    25.00

 

 

10        On October 1, 1983, and October 1, 1984, the tax assessed

 

11  under this subdivision shall be annually revised for the

 

12  registrations expiring on the appropriate October 1 or after that

 

13  date by multiplying the tax assessed in the preceding fiscal year

 

14  times the personal income of Michigan for the preceding calendar

 

15  year divided by the personal income of Michigan for the calendar

 

16  year that preceded that calendar year. In performing the

 

17  calculations under this subdivision, the secretary of state shall

 

18  use the spring preliminary report of the United States Department

 

19  of Commerce or its successor agency.

 

20        Beginning January 1, 1984, the registration tax for each

 

21  motorcycle is increased by $3.00. The $3.00 increase is not part

 

22  of the tax assessed under this subdivision for the purpose of the

 

23  annual October 1 revisions but is in addition to the tax assessed

 

24  as a result of the annual October 1 revisions. Beginning January

 

25  1, 1984 and ending February 18, 2019, $3.00 of each motorcycle


 

 1  fee shall be placed in a motorcycle safety fund in the state

 

 2  treasury and shall be used only for funding the motorcycle safety

 

 3  education program as provided for under sections 312b and 811a.

 

 4  Beginning February 19, 2019, $5.00 of each motorcycle fee shall

 

 5  be placed in the motorcycle safety fund and shall be used only

 

 6  for funding the motorcycle safety education program as provided

 

 7  for under sections 312b and 811a.

 

 8        (i) (o) For each truck weighing 8,001 pounds or more, road

 

 9  tractor, or truck tractor used exclusively as a moving van or

 

10  part of a moving van in transporting household furniture and

 

11  household effects or the equipment or those engaged in conducting

 

12  carnivals, at the rate of 80% of the schedule of elected gross

 

13  weights in subdivision (k) (e) as modified by the operation of

 

14  that subdivision.

 

15        (j) (p) After September 30, 1983, each motor vehicle of the

 

16  1984 or a subsequent model year as shown on the application

 

17  required under section 217 that has not been previously subject

 

18  to the tax rates of this section and that is of the motor vehicle

 

19  category otherwise subject to the tax schedule described in

 

20  subdivision (a), and each low-speed vehicle according to the

 

21  following schedule based upon registration periods of 12 months:

 

22        (i) Except as otherwise provided in this subdivision, for the

 

23  first registration that is not a transfer registration under

 

24  section 809 and for the first registration after a transfer

 

25  registration under section 809, according to the following

 

26  schedule based on the vehicle's list price:

 

27        (A) Until December 31, 2016, as follows:


 

 

1

     List Price                                               Tax

2

     $ 0 - $ 6,000.00................................    $    30.00

3

     More than $ 6,000.00 - $ 7,000.00...............    $    33.00

4

     More than $ 7,000.00 - $ 8,000.00...............    $    38.00

5

     More than $ 8,000.00 - $ 9,000.00...............    $    43.00

6

     More than $ 9,000.00 - $ 10,000.00..............    $    48.00

7

     More than $ 10,000.00 - $ 11,000.00.............    $    53.00

8

     More than $ 11,000.00 - $ 12,000.00.............    $    58.00

9

     More than $ 12,000.00 - $ 13,000.00.............    $    63.00

10

     More than $ 13,000.00 - $ 14,000.00.............    $    68.00

11

     More than $ 14,000.00 - $ 15,000.00.............    $    73.00

12

     More than $ 15,000.00 - $ 16,000.00.............    $    78.00

13

     More than $ 16,000.00 - $ 17,000.00.............    $    83.00

14

     More than $ 17,000.00 - $ 18,000.00.............    $    88.00

15

     More than $ 18,000.00 - $ 19,000.00.............    $    93.00

16

     More than $ 19,000.00 - $ 20,000.00.............    $    98.00

17

     More than $ 20,000.00 - $ 21,000.00.............    $   103.00

18

     More than $ 21,000.00 - $ 22,000.00.............    $   108.00

19

     More than $ 22,000.00 - $ 23,000.00.............    $   113.00

20

     More than $ 23,000.00 - $ 24,000.00.............    $   118.00

21

     More than $ 24,000.00 - $ 25,000.00.............    $   123.00

22

     More than $ 25,000.00 - $ 26,000.00.............    $   128.00

23

     More than $ 26,000.00 - $ 27,000.00.............    $   133.00

24

     More than $ 27,000.00 - $ 28,000.00.............    $   138.00

25

     More than $ 28,000.00 - $ 29,000.00.............    $   143.00

26

     More than $ 29,000.00 - $ 30,000.00.............    $   148.00

 

 

27        More than $30,000.00, the tax of $148.00 is increased by

 


 1  $5.00 for each $1,000.00 increment or fraction of a $1,000.00

 

 2  increment over $30,000.00. If a current tax increases or

 

 3  decreases as a result of 1998 PA 384, only a vehicle purchased or

 

 4  transferred after January 1, 1999 shall be assessed the increased

 

 5  or decreased tax.

 

 6        (B) Beginning on January 1, 2017, as follows:

 

 

7

     List Price                                               Tax

8

     $ 0 - $ 6,000.0015,000.00..................    $    36.0088.00

9

     More than $ 6,000.00 - $ 7,000.00...............    $    40.00

10

     More than $ 7,000.00 - $ 8,000.00...............    $    46.00

11

     More than $ 8,000.00 - $ 9,000.00...............    $    52.00

12

     More than $ 9,000.00 - $ 10,000.00..............    $    58.00

13

     More than $ 10,000.00 - $ 11,000.00.............    $    64.00

14

     More than $ 11,000.00 - $ 12,000.00.............    $    70.00

15

     More than $ 12,000.00 - $ 13,000.00.............    $    76.00

16

     More than $ 13,000.00 - $ 14,000.00.............    $    82.00

17

     More than $ 14,000.00 - $ 15,000.00.............    $    88.00

18

     More than $ 15,000.00 - $ 16,000.00.............    $    94.00

19

     More than $ 16,000.00 - $ 17,000.00.............    $   100.00

20

     More than $ 17,000.00 - $ 18,000.00.............    $   106.00

21

     More than $ 18,000.00 - $ 19,000.00.............    $   112.00

22

     More than $ 19,000.00 - $ 20,000.00.............    $   118.00

23

     More than $ 20,000.00 - $ 21,000.00.............    $   124.00

24

     More than $ 21,000.00 - $ 22,000.00.............    $   130.00

25

     More than $ 22,000.00 - $ 23,000.00.............    $   136.00

26

     More than $ 23,000.00 - $ 24,000.00.............    $   142.00

27

     More than $ 24,000.00 - $ 25,000.00.............    $   148.00

28

     More than $ 25,000.00 - $ 26,000.00.............    $   154.00

29

     More than $ 26,000.00 - $ 27,000.00.............    $   160.00


1

     More than $ 27,000.00 - $ 28,000.00.............    $   166.00

2

     More than $ 28,000.00 - $ 29,000.00.............    $   172.00

3

     More than $ 29,000.00 - $ 30,000.00.............    $   178.00

 

 

 4        More than $30,000.00, the tax of $178.00 is increased by

 

 5  $6.00 for each $1,000.00 increment or fraction of a $1,000.00

 

 6  increment over $30,000.00. If a current tax increases or

 

 7  decreases as a result of 1998 PA 384, only a vehicle purchased or

 

 8  transferred after January 1, 1999 shall be assessed the increased

 

 9  or decreased tax.

 

10        (ii) For the second registration, 90% 85% of the tax assessed

 

11  under subparagraph (i), or $88.00, whichever is greater.

 

12        (iii) For the third registration, 90% 85% of the tax assessed

 

13  under subparagraph (ii), or $88.00, whichever is greater.

 

14        (iv) For the fourth and subsequent registrations, 90% 85% of

 

15  the tax assessed under subparagraph (iii), or $88.00, whichever is

 

16  greater.

 

17        (v) For the fifth registration, 85% of the tax assessed

 

18  under subparagraph (iv), or $88.00, whichever is greater.

 

19        (vi) For the sixth registration, 85% of the tax assessed

 

20  under subparagraph (v), or $88.00, whichever is greater.

 

21        (vii) For the seventh registration, 85% of the tax assessed

 

22  under subparagraph (vi), or $88.00, whichever is greater.

 

23        (viii) For the eighth registration, 85% of the tax assessed

 

24  under subparagraph (vii), or $88.00, whichever is greater.

 

25        (ix) For the ninth registration, 85% of the tax assessed

 

26  under subparagraph (viii), or $88.00, whichever is greater.

 

27        (x) For the tenth and subsequent registrations, 85% of the


 

 1  tax assessed under subparagraph (ix), or $88.00, whichever is

 

 2  greater.

 

 3        For a vehicle of the 1984 or a subsequent model year that

 

 4  has been previously registered by a person other than the person

 

 5  applying for registration or for a vehicle of the 1984 or a

 

 6  subsequent model year that has been previously registered in

 

 7  another state or country and is registered for the first time in

 

 8  this state, the tax under this subdivision shall be determined by

 

 9  subtracting the model year of the vehicle from the calendar year

 

10  for which the registration is sought. If the result is zero or a

 

11  negative figure, the first registration tax shall be paid. If the

 

12  result is 1, 2, or 3 or more, then, respectively, the second,

 

13  third, or subsequent registration tax shall be paid. A van that

 

14  is owned by an individual who uses a wheelchair or by an

 

15  individual who transports a member of his or her household who

 

16  uses a wheelchair and for which registration plates are issued

 

17  under section 803d shall be assessed at the rate of 50% of the

 

18  tax provided for in this subdivision.

 

19        (k) (q) For a wrecker, $200.00.

 

20        (l) (r) When the secretary of state computes a tax under this

 

21  act, a computation that does not result in a whole dollar figure

 

22  shall be rounded to the next lower whole dollar when the

 

23  computation results in a figure ending in 50 cents or less and

 

24  shall be rounded to the next higher whole dollar when the

 

25  computation results in a figure ending in 51 cents or more,

 

26  unless specific taxes are specified, and the secretary of state

 

27  may accept the manufacturer's shipping weight of the vehicle


 

 1  fully equipped for the use for which the registration application

 

 2  is made. If the weight is not correctly stated or is not

 

 3  satisfactory, the secretary of state shall determine the actual

 

 4  weight. Each application for registration of a vehicle under

 

 5  subdivisions (j) (d) and (m) (g) shall have attached to the

 

 6  application a scale weight receipt of the vehicle fully equipped

 

 7  as of the time the application is made. The scale weight receipt

 

 8  is not necessary if there is presented with the application a

 

 9  registration receipt of the previous year that shows on its face

 

10  the weight of the motor vehicle as registered with the secretary

 

11  of state and that is accompanied by a statement of the applicant

 

12  that there has not been a structural change in the motor vehicle

 

13  that has increased the weight and that the previous registered

 

14  weight is the true weight.

 

15        (2) A manufacturer is not exempted under this act from

 

16  paying ad valorem taxes on vehicles in stock or bond, except on

 

17  the specified number of motor vehicles registered. A dealer is

 

18  exempt from paying ad valorem taxes on vehicles in stock or bond.

 

19        (3) Until October 1, 2019, the tax for a vehicle with an

 

20  empty weight over 10,000 pounds imposed under subsection (1)(a)

 

21  and the taxes imposed under subsection (1)(c), (d), (e), (f),

 

22  (1)(b), (c), (d), (g), (i), and (j) , (m), (o), and (p) are each

 

23  increased as follows:

 

24        (a) A regulatory fee of $2.25 that shall be credited to the

 

25  traffic law enforcement and safety fund created in section 819a

 

26  and used to regulate highway safety.

 

27        (b) A fee of $5.75 that shall be credited to the


 

 1  transportation administration collection fund created in section

 

 2  810b.

 

 3        (4) Except as otherwise provided in this subsection, if a

 

 4  tax required to be paid under this section is not received by the

 

 5  secretary of state on or before the expiration date of the

 

 6  registration plate, the secretary of state shall collect a late

 

 7  fee of $10.00 for each registration renewed after the expiration

 

 8  date. An application for a renewal of a registration using the

 

 9  regular mail and postmarked before the expiration date of that

 

10  registration shall not be assessed a late fee. The late fee

 

11  collected under this subsection shall be deposited into the

 

12  general fund. The secretary of state shall waive the late fee

 

13  collected under this subsection if all of the following are

 

14  satisfied:

 

15        (a) The registrant presents proof of storage insurance for

 

16  the vehicle for which the late fee is assessed that is valid for

 

17  the period of time between the expiration date of the most recent

 

18  registration and the date of application for the renewal.

 

19        (b) The registrant requests in person at a department of

 

20  state branch office that the late fee be waived at the time of

 

21  application for the renewal.

 

22        (5) In addition to the registration taxes under this

 

23  section, the secretary of state shall collect taxes charged under

 

24  section 801j and credit revenues to a regional transit authority

 

25  created under the regional transit authority act, 2012 PA 387,

 

26  MCL 124.541 to 124.558, minus necessary collection expenses as

 

27  provided in section 9 of article IX of the state constitution of


 

 1  1963. Necessary collection expenses incurred by the secretary of

 

 2  state under this subsection shall be based upon an established

 

 3  cost allocation methodology.

 

 4        (6) This section does not apply to a historic vehicle.

 

 5        (7) Beginning January 1, 2017, the registration fee imposed

 

 6  under this section for a vehicle using 4 or more tires is

 

 7  increased as follows:

 

 8        (a) If the vehicle is a hybrid electric vehicle, the

 

 9  registration fee for that vehicle is increased by $30.00 for a

 

10  vehicle with an empty weight of 8,000 pounds or less, and $100.00

 

11  for a vehicle with an empty weight of more than 8,000 pounds. As

 

12  used in this subdivision and subsection (8)(a), "hybrid electric

 

13  vehicle" means a vehicle that can be propelled at least in part

 

14  by electrical energy and uses a battery storage system of at

 

15  least 4 kilowatt-hours, but is also capable of using gasoline,

 

16  diesel fuel, or alternative fuel to propel the vehicle.

 

17        (b) If the vehicle is a nonhybrid electric vehicle, the

 

18  registration fee for that vehicle is increased by $100.00 for a

 

19  vehicle with an empty weight of 8,000 pounds or less, and $200.00

 

20  for a vehicle with an empty weight of more than 8,000 pounds. As

 

21  used in this subdivision and subsection (8)(b), "nonhybrid

 

22  electric vehicle" means a vehicle that is propelled solely by

 

23  electrical energy and that is not capable of using gasoline,

 

24  diesel fuel, or alternative fuel to propel the vehicle.

 

25        (8) Beginning January 1, 2017, if the tax on gasoline

 

26  imposed under section 8 of the motor fuel tax act, 2000 PA 403,

 

27  MCL 207.1008, is increased above 19 cents per gallon, the


 

 1  secretary of state shall increase the fees collected under

 

 2  subsection (7) as follows:

 

 3        (a) For a hybrid electric vehicle, $2.50 per each 1 cent

 

 4  above 19 cents per gallon.

 

 5        (b) For a nonhybrid electric vehicle, $5.00 per each 1 cent

 

 6  above 19 cents per gallon.

 

 7        (9) As used in this section:

 

 8        (a) "Alternative fuel" means that term as defined in section

 

 9  151 of the motor fuel tax act, 2000 PA 403, MCL 207.1151.

 

10        (b) "Diesel fuel" means that term as defined in section 2 of

 

11  the motor fuel tax act, 2000 PA 403, MCL 207.1002.

 

12        (c) "Gasoline" means that term as defined in section 3 of

 

13  the motor fuel tax act, 2000 PA 403, MCL 207.1003.

 

14        (d) "Gross proceeds" means that term as defined in section 1

 

15  of the general sales tax act, 1933 PA 167, MCL 205.51, and

 

16  includes the value of the motor vehicle used as part payment of

 

17  the purchase price as that value is agreed to by the parties to

 

18  the sale, as evidenced by the signed agreement executed under

 

19  section 251.

 

20        (e) "List price" means the manufacturer's suggested base

 

21  list price as published by the secretary of state, or the

 

22  manufacturer's suggested retail price as shown on the label

 

23  required to be affixed to the vehicle under 15 USC 1232, if the

 

24  secretary of state has not at the time of the sale of the vehicle

 

25  published a manufacturer's suggested retail price for that

 

26  vehicle, or the purchase price of the vehicle if the

 

27  manufacturer's suggested base list price is unavailable from the


 

 1  sources described in this subdivision.

 

 2        (f) "Purchase price" means the gross proceeds received by

 

 3  the seller in consideration of the sale of the motor vehicle

 

 4  being registered.

 

 5        Sec. 801g. (1) Notwithstanding section 801(1)(j) 801(1)(d)

 

 6  or 801(1)(k), (e), for a truck, truck tractor, or road tractor

 

 7  engaged in interstate commerce, for which a registration fee

 

 8  otherwise would be provided in section 801(1)(j) 801(1)(d) or

 

 9  801(1)(k), (e), the fee may be apportioned under the

 

10  international registration plan according to the miles traveled

 

11  in this state in relation to the total miles traveled by the

 

12  vehicle, if the apportionment is permitted by a reciprocal

 

13  compact, agreement, or other arrangement entered into by the

 

14  Michigan highway reciprocity board.secretary of state.

 

15        (2) For the purposes of this section, "international

 

16  registration plan" means a method of licensing trucks and bus

 

17  fleets proportionally among 2 or more member jurisdictions and

 

18  includes an apportioned fee that is determined according to the

 

19  fleet's percentage of miles generated in the various

 

20  jurisdictions. Upon payment of the apportioned fee there shall be

 

21  issued 1 registration plate and 1 cab card for each vehicle with

 

22  the cab card indicating the jurisdictions in which the unit is

 

23  registered and the registered weight for each jurisdiction.

 

24        (3) If the apportionment is permitted, and if at the time of

 

25  purchase a person elects to have the fees apportioned and the

 

26  registration is valid for at least 12 months, the annual

 

27  international registration plan plates may be purchased by paying


 

 1  any out of state portion and 1/2 the amount apportioned for

 

 2  Michigan fees and an extra $10.00 service fee per vehicle upon

 

 3  purchase and the balance within 180 days before the date of

 

 4  expiration. The secretary of state shall notify a person who has

 

 5  elected to use the installment option of this subsection

 

 6  informing the person of the amount due and of the penalties that

 

 7  shall be imposed if payment is not received within 180 days

 

 8  before the date of expiration. If a person is once late on paying

 

 9  the balance, a penalty of 25% of the outstanding balance shall be

 

10  assessed and collected in addition to the fee. If a person is

 

11  twice late in paying the balance within a 2-year period, then a

 

12  penalty of 25% of the outstanding balance shall be assessed and

 

13  collected in addition to the fee, and the person is ineligible to

 

14  elect the apportionment payment plan for the next 2 registration

 

15  years following the year of the delinquency. The secretary of

 

16  state shall suspend the registration of any vehicle for which the

 

17  registration fee is not paid in full and transmit a statement of

 

18  the delinquent balance, including the penalty, to the department

 

19  of treasury for collection.

 

20        (4) If a person surrenders a registration plate purchased

 

21  under section 801(1)(j) 801(1)(d) or 801(1)(k) (e) for a

 

22  registration under this section for the same vehicle, the

 

23  apportioned fee for the exchange registration shall bear the same

 

24  relationship to the fee required under this section for a 12-

 

25  month registration as the length of time the exchange

 

26  registration bears to 12 months. Partial months shall be

 

27  considered as whole months in the calculation of the required fee


 

 1  and in the determination of the length of time between the

 

 2  application for a registration and the last day of the month of

 

 3  expiration. The calculation shall include any refund as a credit

 

 4  provided for in under section 801b(8). The fee required for the

 

 5  registration shall be rounded off to whole dollars as provided in

 

 6  section 801.

 

 7        (5) If a person does not surrender a registration plate

 

 8  purchased under section 801(1)(j) 801(1)(d) or 801(1)(k) (e) for

 

 9  a registration under this section, the apportioned fee shall be

 

10  determined as provided for in this section except the apportioned

 

11  fee for a registration purchased shall bear the same relationship

 

12  to the fee required under this section for a 12-month

 

13  registration as the length of time the registration bears to 12

 

14  months. Partial months shall be considered as whole months in the

 

15  calculation of the required fee and in the determination of the

 

16  length of time between the application for a registration and the

 

17  last day of the month of expiration. The fee required for this

 

18  registration shall be rounded off to whole dollars as provided in

 

19  section 801. Fees under this subsection shall not be prorated for

 

20  less than 6 months.

 

21        (6) Upon proper application for registration of a vehicle

 

22  under this section, the secretary of state may issue a temporary

 

23  registration which shall be that is valid for not more than 45

 

24  days from the date of issuance.

 

25        (7) The secretary of state may designate an owner or

 

26  registrant having a fleet of motor vehicles currently registered

 

27  under this section to act as an agent for the secretary of state


 

 1  for the purpose of issuing to himself or herself a temporary

 

 2  registration. Upon issuance of a temporary registration an agent

 

 3  shall make proper application for an international registration

 

 4  plan registration to the secretary of state within 5 days after

 

 5  issuance of the temporary registration.

 

 6        (8) An owner issued a temporary registration under this

 

 7  section is liable for the fees provided in this section.

 

 8        (9) If the owner of a vehicle for which a temporary

 

 9  registration is issued under this section fails to pay the

 

10  registration fee as required in this section, the secretary of

 

11  state shall suspend the registrations of all vehicles registered

 

12  by that owner under this section. The registrations shall remain

 

13  suspended until the fee is paid.

 

14        Sec. 801j. (1) Except as otherwise provided in subsection

 

15  (6), in addition to the required vehicle registration tax under

 

16  section 801(1)(p), 801(1)(j), a regional transit authority

 

17  created under the regional transit authority act, 2012 PA 387,

 

18  MCL 124.541 to 124.558, may charge an additional tax on vehicle

 

19  registrations issued to residents of a public transit region of

 

20  not more than $1.20 for each $1,000.00 or fraction of $1,000.00

 

21  of the vehicle's list price as used in calculating the tax under

 

22  section 801(1)(p). 801(1)(j). The authority may charge the

 

23  additional tax only upon the approval of a majority of the

 

24  electors in a public transit region voting on the tax at an

 

25  election held on the regular November election date as provided

 

26  in section 641(1)(d) of the Michigan election law, 1954 PA 116,

 

27  MCL 168.641.


 

 1        (2) In addition to any other requirements imposed by law,

 

 2  the ballot question proposing authorization of the tax under

 

 3  subsection (1) shall specify how the proceeds of the tax shall be

 

 4  expended.

 

 5        (3) The tax collected under this section shall only be used

 

 6  by the regional transit authority for comprehensive

 

 7  transportation purposes as defined by law for purposes of section

 

 8  9 of article IX of the state constitution of 1963.

 

 9        (4) A proposal for a tax under this section shall not be

 

10  placed on the ballot under subsection (1) unless the proposal is

 

11  adopted by a resolution of the board of directors of the regional

 

12  transit authority and certified by the board of directors not

 

13  later than 70 days before the election to the county clerk of

 

14  each county within the public transit region for inclusion on the

 

15  ballot.

 

16        (5) Except as otherwise provided in subsection (6), if a

 

17  majority of voters in a public transit region approve a tax under

 

18  subsection (1), no later than 1 year after voter approval, the

 

19  secretary of state shall collect the tax on all vehicles

 

20  registered to residents of the public transit region under

 

21  section 801(1)(p) 801(1)(j) and shall credit the tax collected to

 

22  the regional transit authority, minus necessary collection

 

23  expenses as provided in section 9 of article IX of the state

 

24  constitution of 1963. Necessary collection expenses incurred by

 

25  the secretary of state under this subsection shall be based upon

 

26  an established cost allocation methodology.

 

27        (6) This section does not apply to a company test vehicle.


 

 1  As used in this subsection, "company test vehicle" means a

 

 2  vehicle that is owned by a manufacturer and that satisfies 1 or

 

 3  both of the following:

 

 4        (a) The vehicle is part of a product testing program as

 

 5  defined by the United States department Department of treasury

 

 6  Treasury under treas. reg. 1.132-5(n)(2001).

 

 7        (b) The vehicle is furnished by the manufacturer to an

 

 8  employee of the manufacturer for the purpose of testing,

 

 9  evaluating product quality and performance, reporting defects, or

 

10  suggesting product or production improvements as an ordinary and

 

11  necessary business expense of the manufacturer.

 

12        Sec. 802. (1) For a special registration issued under

 

13  section 226(8), the registrant shall pay 1/2 the tax imposed

 

14  under section 801 and a service fee of $10.00.

 

15        (2) For all commercial vehicles registered after August 31

 

16  for the period expiring the last day of February, the secretary

 

17  of state shall collect a tax of 1/2 the rate otherwise imposed

 

18  under this act. This subsection does not apply to vehicles

 

19  registered by manufacturers or dealers under sections 244 to 247.

 

20        (3) For each special registration under section 226(9), the

 

21  secretary of state shall collect a service fee of $10.00.

 

22        (4) For temporary registration plates or markers under

 

23  section 226a(1), the secretary of state shall collect a service

 

24  fee in an amount determined by the secretary of state to reflect

 

25  the actual cost of administering the temporary registration

 

26  plates and markers program, or in the amount of $4.00 per plate

 

27  or marker, whichever is less.


 

 1        (5) For a temporary registration under section 226b, the fee

 

 2  shall be either of the following:

 

 3        (a) For a 30-day temporary registration, 1/10 of the tax

 

 4  prescribed under section 801 or $20.00, whichever is greater, and

 

 5  an additional $10.00 service fee.

 

 6        (b) For a 60-day temporary registration, 1/5 of the tax

 

 7  prescribed under section 801 or $40.00, whichever is greater, and

 

 8  an additional $10.00 service fee.

 

 9        (6) For registration plates as provided for in section

 

10  226a(5), (6), and (7), the secretary of state shall collect a

 

11  service fee of $40.00 for 2 registration plates and $20.00 for

 

12  each additional registration plate.

 

13        (7) For special registrations issued for special mobile

 

14  equipment as provided in section 216(d), the secretary of state

 

15  shall collect a service fee of $15.00 each for the first 3

 

16  special registrations, and $5.00 for each special registration

 

17  issued in excess of the first 3.

 

18        (8) The secretary of state, upon request, may issue a

 

19  registration valid for 3 months for use on a vehicle with an

 

20  elected gross weight of 24,000 pounds or greater on the payment

 

21  of 1/4 the tax provided in section 801(1)(k) 801(1)(e) and a

 

22  service fee of $10.00.

 

23        (9) Upon application to the secretary of state, an owner of

 

24  a truck, truck tractor, or road tractor that is used exclusively

 

25  for the purpose of gratuitously transporting farm crops or

 

26  livestock bedding between the field where produced and the place

 

27  of storage, feed from on-farm storage to an on-farm feeding site,


 

 1  or fertilizer, seed, or spray material from the farm location to

 

 2  the field may obtain a special registration. The service fee for

 

 3  each special registration issued under this subsection is $20.00.

 

 4  The special registration is valid for a period of up to 12 months

 

 5  and expires on December 31. As used in this subsection:

 

 6        (a) "Feed" means hay or silage.

 

 7        (b) "Livestock bedding" means straw, sawdust, or sand.

 

 8        (10) The secretary of state, upon request, may issue a

 

 9  special registration valid for 3 or more months for a road

 

10  tractor, truck, or truck tractor owned by a farmer, if the motor

 

11  vehicle is used exclusively in connection with the farmer's

 

12  farming operations or for the transportation of the farmer and

 

13  the farmer's family and not used for hire. The fee for the

 

14  registration is 1/10 of the tax provided in section 801(1)(c) 801

 

15  times the number of months for which the special registration is

 

16  requested and, in addition, a service fee of $10.00. The

 

17  secretary of state shall not issue a special registration for a

 

18  motor vehicle for which the tax under section 801(1)(c) 801 would

 

19  be less than $50.00.

 

20        (11) The secretary of state, upon request, may issue a

 

21  registration valid for 3 months or more for use on a vehicle with

 

22  an elected gross weight of 24,000 pounds or greater. The fee for

 

23  the registration shall be 1/12 of the tax provided in section

 

24  801(1)(k), 801(1)(e), times the number of months for which the

 

25  special registration is requested and, in addition, a service fee

 

26  of $10.00.

 

27        (12) The secretary of state shall deposit the service fees


 

 1  collected under subsections (1), (3), (4), (5), (6), (7), (8),

 

 2  (9), (10), and (11) in the transportation administration

 

 3  collection fund created in section 810b through October 1, 2019.

 

 4        Sec. 803d. A disabled person may make application to the

 

 5  secretary of state and the secretary of state may issue special

 

 6  registration plates inscribed with the official international

 

 7  wheelchair symbol or a reasonable facsimile of that symbol and

 

 8  special identification numbers. Vehicles registered pursuant to

 

 9  section 801(1)(a) may be issued special registration plates

 

10  pursuant to this section. A vehicle which that is used to

 

11  transport disabled persons may qualify for these distinguishing

 

12  plates when the registered owner of the vehicle resides at the

 

13  same address as the disabled person, submits as part of his or

 

14  her application for the plates a statement to the effect that the

 

15  vehicle is used for that purpose, and provides the secretary of

 

16  state with a medical statement attesting to the fact that the

 

17  person being transported is a disabled person. The fees for the

 

18  special registration plates shall correspond with the

 

19  registration fees provided in section 801(1)(a). 801. Application

 

20  for the special plates shall be on a form prescribed by the

 

21  secretary of state. As part of a penalty imposed for violation of

 

22  the special privileges conferred by this section, a magistrate or

 

23  judge may order the special plates confiscated and returned to

 

24  the secretary of state together with a certified copy of the

 

25  sentence imposed. The use of special plates on a vehicle other

 

26  than the vehicle for which the plates are issued or by a person

 

27  who does not qualify under this section is a misdemeanor.


 

 1        Sec. 809. (1) An applicant for transfer of registration from

 

 2  a vehicle subject to section 801(1)(a) to another vehicle subject

 

 3  to that section shall accompany the application with a fee of

 

 4  $8.00. In addition to the fee of $8.00, if the registration is

 

 5  transferred from a passenger vehicle to a motor home and if the

 

 6  registration fee for the motor home is greater than the fee paid

 

 7  upon registration of the vehicle from which the registration was

 

 8  removed, then the applicant shall pay the difference in fee. If

 

 9  the fee is less than that paid for the registration of the

 

10  vehicle from which the plates were removed, the secretary of

 

11  state shall not refund the difference. The fees required by this

 

12  subsection include all fees or charges imposed by this act for

 

13  the transfer of registration, except those that may be assessed

 

14  under section 234.

 

15        (1) (2) An applicant for a transfer of registration , other

 

16  than a transfer described in subsection (1), shall accompany the

 

17  application with a fee of $8.00. In addition to the fee of $8.00,

 

18  if the registration plates are transferred to another vehicle, as

 

19  provided in section 233, and if the registration plate fee for a

 

20  12-month registration for the vehicle to which the registration

 

21  is transferred is greater than the registration plate fee paid

 

22  upon registration of the vehicle from which the registration was

 

23  removed, then the applicant shall pay the difference for the new

 

24  registration. If the fee is less than that paid for registration

 

25  of the vehicle from which the registration was removed, the

 

26  secretary of state shall not refund the difference.

 

27        (2) (3) A transfer of registration fee collected under this


 

 1  section on and after October 1, 2004 through October 1, 2019

 

 2  shall be deposited into the transportation administration

 

 3  collection fund created under section 810b.

 

 4        Enacting section 1. This amendatory act takes effect 90 days

 

 5  after the date it is enacted into law.

feedback