Bill Text: MI SB0426 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Vehicles: title; transfer or assignment of title; modify. Amends sec. 233 of 1949 PA 300 (MCL 257.233).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-10-01 - Referred To Committee Of The Whole With Substitute (s-1) [SB0426 Detail]

Download: Michigan-2019-SB0426-Introduced.html

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SENATE BILL No. 426

 

 

August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Transportation and Infrastructure.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 233 (MCL 257.233), as amended by 2014 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 233. (1) If the owner of a registered vehicle transfers

 

or assigns the title or interest in the vehicle, the registration

 

plates issued for the vehicle shall must be removed and transferred

 

to the owner's spouse, mother, father, sister, brother, or child to

 

whom title or interest in the vehicle is transferred, or retained

 

and preserved by the owner for transfer to another vehicle upon

 

application and payment of the required fees. A person shall not

 

transfer the plates to a vehicle without applying for a proper

 

certificate of registration describing the vehicle to which the

 

plates are being transferred, except as provided in section 217(4).

 

If the owner of a registered vehicle acquires another vehicle

 

without transferring or assigning the title or interest in the

 

vehicle for which the plates were issued, the owner may have the

 

plates transferred to the subsequently acquired vehicle upon

 

application and payment of the required fees.

 

     (2) A person shall not purchase or lease another vehicle or an

 

interest in another vehicle with the intent to circumvent the

 

restrictions created by immobilization of a vehicle under this act.

 

     (3) A person shall not transfer or attempt to transfer

 

ownership or right of possession of a vehicle subject to

 

forfeiture, or ordered forfeited, or subject to levy of execution

 

or other court process resulting in attachment under this act with

 

the intent to avoid the forfeiture, levy, or attachment of that

 

vehicle.

 

     (4) During the time a vehicle is subject to a temporary

 

registration plate, vehicle forfeiture, levy of execution or other

 

court process resulting in attachment, immobilization, registration

 

denial, or the period from adjudication to immobilization or

 

forfeiture under this act, a person shall not without a court order

 

transfer or assign the title or an interest in the vehicle to a

 

person who is not subject to payment of a use tax under section 3

 

of the use tax act, 1937 PA 94, MCL 205.93.

 

     (5) A person who violates subsection (2), (3), or (4) is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $1,000.00, or both.

 

     (6) A person whose operator's or chauffeur's license is

 

suspended, revoked, or denied for, or who has never been licensed

by this state and was convicted for, a third or subsequent

 

violation of section 625 or 625m, of a local ordinance

 

substantially corresponding to section 625 or 625m, or of a law of

 

another state substantially corresponding to section 625 or 625m,

 

or for a fourth or subsequent suspension or revocation under

 

section 904 shall not purchase, lease, or otherwise acquire a motor

 

vehicle during the suspension, revocation, or denial period. A

 

person who violates this subsection is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $100.00, or both.

 

     (7) If the assigned holder of registration plates applies for

 

a new registration certificate, the application shall must be

 

accompanied either by the old registration certificate or by a

 

certificate of title showing the person to be the assigned holder

 

of the registration plates for which the old registration

 

certificate had been issued. A person who fails or neglects to

 

fulfill the requirements of this subsection is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $100.00, or both.

 

     (8) The owner shall indorse endorse on the certificate of

 

title as required by the secretary of state an assignment of the

 

title with warranty of title in the form printed on the certificate

 

with a statement of all security interests in the vehicle or in

 

accessories on the vehicle and deliver or cause the certificate to

 

be mailed or delivered to the purchaser or transferee at the time

 

of the delivery to the purchaser or transferee of the vehicle. The

 

certificate shall must show the payment or satisfaction of any

security interest as shown on the original title. However, as

 

provided under section 238, the secretary of state is not required

 

to issue a title to the owner of a vehicle if the title is subject

 

to a security interest.

 

     (9) Upon the delivery of a motor vehicle and the transfer,

 

sale, or assignment of the title or interest in a motor vehicle by

 

a person, including a dealer, the effective date of the transfer of

 

title or interest in the vehicle is the date of signature on either

 

the application for title or the assignment of the certificate of

 

title by the purchaser, transferee, or assignee.

 

     (10) A secured receipt that is in a form approved by the

 

department and produced at the time the secured interest is

 

presented with payment in satisfaction of the security interest may

 

be submitted to the department in lieu of the title for purposes of

 

transferring ownership in the vehicle.