Bill Text: MI SB0872 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 872 (Prior Session Legislation)

Introduced

Bill Title: Transportation: other; certain credentialing for motor fuel carriers; suspend during a declared emergency. Amends sec. 5 & 7 of 1980 PA 119 (MCL 207.215 & 207.217) & adds sec. 7a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-04-24 - Referred To Committee On Government Operations [SB0872 Detail]

Download: Michigan-2019-SB0872-Introduced.html

SENATE BILL NO. 872

April 24, 2020, Introduced by Senator SCHMIDT and referred to the Committee on Government Operations.

A bill to amend 1980 PA 119, entitled

"Motor carrier fuel tax act,"

by amending sections 5 and 7 (MCL 207.215 and 207.217), section 5 as amended by 2015 PA 178, and by adding section 7a.

the people of the state of michigan enact:

Sec. 5. (1) A person required to be licensed by this act shall not act as a motor carrier in this state unless the person is the holder of an unrevoked license issued by the department or is the holder of an unrevoked license issued under the international fuel tax agreement by this state or another member jurisdiction of the international fuel tax agreement. To procure a license, a motor carrier shall file with the department a verified application upon on a form prescribed and to be furnished by the department. The application shall must contain the name and address of the motor carrier and, if a partnership, limited liability company, or corporation, the names and addresses of the persons constituting the firm, partnership, association, joint stock company, limited liability company, syndicate, or corporation, the name of its resident agent, the location of its predominant place of business, both within and outside of this state, and other pertinent information the department may require.

(2) The Except as otherwise provided in section 7a, the department shall issue to each motor carrier 1 license per person and 2 decals for each qualified commercial motor vehicle. A decal shall must be affixed respectively to the right-hand side and left-hand side of the cab of every qualified commercial motor vehicle while it is being operated in this state by each person licensed under this act. A copy of the license shall must be carried in each cab while it is being operated.

(3) For cause, a motor carrier may be required to file with the department a surety bond payable to this state, upon which the applicant is the obligor, in the sum of 3 times the highest estimated quarterly tax, or $1,000.00, whichever is greater. This surety bond shall must be conditioned upon on the applicant complying with this act and with the rules promulgated under this act, promptly filing true reports, and paying the taxes, interest, and penalties required by this act. Each surety bond shall must be approved as to amount and sureties by the department. The department may accept cash or securities instead of a surety bond.

(4) The commissioner may waive the bond requirement for a motor carrier exempt from the reporting requirements of section 2 when the collection of taxes would not be impaired by lack of security of a bond required by this section.

(5) The license and decals are not assignable or transferable to another person and are valid only for the person in whose name they are issued. However, upon on application to the department, a motor carrier, upon on the sale, conveyance, disposal, or replacement of a qualified commercial motor vehicle, may transfer the license and decals for that qualified commercial motor vehicle to another qualified commercial motor vehicle of the motor carrier that is required to be licensed under this act. The department shall issue replacement decals for the newly licensed qualified commercial motor vehicle that authorizes the holder of the qualified commercial motor vehicle license to use and consume motor fuel or alternative fuel in the qualified commercial motor vehicle upon the public roads or highways of this state until the original license would have expired. The department may require the payment of a fee to cover the administrative costs of issuing a replacement license or decals.

(6) Upon filing of the application and upon posting of any bond as required, the department shall issue to the applicant a license and decals that authorize the holder to operate qualified commercial motor vehicles using and consuming motor fuels or alternative fuels upon the public roads or highways of this state until January 1 of the year following the date of issuance.

(7) If a licensee ceases to engage in business within this state, the licensee shall notify the department in writing within 15 days after discontinuance.

Sec. 7. (1) A motor carrier may obtain a trip permit which shall authorize an unlicensed motor carrier to operate 1 specific commercial motor vehicle in this state for a period of 5 consecutive days, beginning and ending on the dates specified on the face of the permit. The fee for this permit shall be is $20.00. Collections of fees imposed by this section shall must be credited to the Michigan transportation fund.

(2) Fees for trip permits shall must be instead of the license fee otherwise assessable against a motor carrier. Taxes imposed by this act and reports of mileage shall are not be required with respect to a vehicle operating pursuant to a trip permit.

(3) The trip permit shall must be issued instead of a license only if the motor carrier operates on public roads or highways in this state not more than 3 times in 1 calendar year.

(4) The trip permit may be obtained from the department by application in the same manner as a license, or may be made available by contacting the department by telegram or similar transmission. The cost of a telegram or similar transmission shall be is the responsibility of the motor carrier requesting the trip permit.

Sec. 7a. (1) Notwithstanding any provision of this act to the contrary, during a state of emergency declared under Executive Order No. 2020-33 or any extension of that order, the following provisions are suspended and must not be enforced, along with any fines, penalties, or criminal sanctions under this act for motor carriers providing critical assistance associated with the COVID-19 pandemic:

(a) The requirements administered by the department concerning decals for qualified commercial vehicles under section 5.

(b) The requirements administered by the department concerning trip permits for motor carriers under section 7.

(c) Any other requirements administered by the department concerning the credentialing of motor carriers under the international fuel tax agreement.

(2) Except as otherwise provided in this section, this section does not suspend, restrict, or waive any other state laws or regulations that are applicable to motor carriers, including any requirements about reporting, payment, remittance of, or recordkeeping for, taxes imposed under this act or under the international fuel tax agreement.

(3) As used in this section, "critical assistance associated with the COVID-19 pandemic" means transportation and other relief services that meet the immediate needs for any of the following:

(a) Medical supplies or equipment for the testing, diagnosis, or treatment of COVID-19.

(b) Supplies and equipment, including masks, gloves, hand sanitizers, soaps, and disinfectants, that are necessary for community safety, sanitation, or the prevention of community transmission of COVID-19.

(d) Equipment, supplies, or persons that are necessary to establish or manage temporary housing, quarantine, or isolation facilities related to the COVID-19 pandemic.

(e) Individuals that are designated by federal, state, or local authorities for medical isolation or quarantine purposes.

(f) Individuals that are necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic.

(4) As used in this section, critical assistance associated with the COVID-19 pandemic does not include either of the following:

(a) Routine commercial deliveries of supplies, equipment, or persons that are not being transported in support of emergency relief efforts related to the COVID-19 pandemic.

(b) Transportation of mixed loads that include essential supplies, equipment, or persons described in subsection 3(a) to (f), together with supplies, equipment, or persons that are not being transported in support of emergency relief efforts related to the COVID-19 pandemic.