HB-5008, As Passed Senate, June 9, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5008
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 226 and 802 (MCL 257.226 and 257.802), as
amended by 2003 PA 152.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 226. (1) A vehicle registration issued by the
2 secretary of state expires on the owner's birthday, unless
3 another expiration date is provided for under this act or unless
4 the registration is for the following vehicles, in which case
5 registration expires on the last day of February:
6 (a) A commercial vehicle except for a commercial vehicle
7 issued a registration under the international registration plan
8 or a pickup truck or van owned by an individual.
9 (b) Except for a trailer or semitrailer issued a registration
10 under the international registration plan, a trailer or
1 semitrailer owned by a business, corporation, or person other
2 than an individual; or a pole trailer.
3 (2) The Until
February 1, 2005, the expiration date for a
4 registration issued for a motorcycle is March 31. Beginning
5 February 1, 2005, the expiration date for a registration issued
6 for a motorcycle is the motorcycle owner's birthday.
7 (3) The expiration date for a registration bearing the
8 letters "SEN" or "REP" is February 1.
9 (4) In the case of a vehicle owned by a business,
10 corporation, or an owner other than an individual, the secretary
11 of state may assign or reassign the expiration date of the
12 registration.
13 (5) The secretary of state shall do all of the following:
14 (a) After the October 1 immediately preceding the year
15 designated on the registration, issue a registration upon
16 application and payment of the proper fee for a commercial
17 vehicle, other than a pickup or van owned by an individual; or a
18 trailer owned by a business, corporation, or person other than an
19 individual.
20 (b) Beginning 60 days before the expiration date assigned on
21 an international registration plan registration plate, issue a
22 registration under section 801g upon application and payment of
23 the proper apportioned fee for a commercial vehicle engaged in
24 interstate commerce.
25 (c) After the
February 14 immediately preceding the year
26 designated on a
registration, issue a registration upon
27 application and
payment of the proper fee for a motorcycle.
1 (c) (d) Beginning
45 days before the owner's birthday and
2 120 days before the expiration date assigned by the secretary of
3 state, issue a registration for a vehicle other than those
4 designated in subsection (1)(a) or (b). However, if an owner
5 whose registration period begins 45 days before his or her
6 birthday will be out of the state during the 45 days immediately
7 preceding expiration of a registration or for other good cause
8 shown cannot apply for a renewal registration within the 45-day
9 period, application for a renewal registration may be made not
10 more than 6 months before expiration.
11 (6) Except as otherwise provided in this subsection, the
12 secretary of state, upon application and payment of the proper
13 fee, shall issue a registration for a vehicle or a motorcycle to
14 a resident that shall expire on the owner's birthday. If the
15 owner's next birthday is at least 6 months but not more than 12
16 months in the future, the owner shall receive a registration
17 valid until the owner's next birthday. If the owner's next
18 birthday is less than 6 months in the future, the owner shall
19 receive a registration valid until the owner's birthday following
20 the owner's next birthday. The tax required under this act for a
21 registration described in this subsection shall be either of the
22 following:
23 (a) For an original registration, the tax shall bear the same
24 relationship to the tax required under section 801 for a 12-month
25 registration as the length of the registration bears to 12
26 months.
27 (b) For a renewal of a registration, either of the
1 following:
2 (i) For a registration that is for at least 6 months but not
3 more than 12 months, the same amount as for 12 months.
4 (ii) For a renewal of a registration that is for more than 12
5 months, 2 times the amount for 12 months.
6 Partial months shall be considered as whole months in the
7 calculation of the required tax and in the determination of the
8 length of time between the application for a registration and the
9 owner's next birthday. The tax required for that registration
10 shall be rounded off to whole dollars as provided in section
11 801.
12 (7) A certificate of title shall remain valid until canceled
13 by the secretary of state for cause or upon a transfer of an
14 interest shown on the certificate of title.
15 (8) The secretary of state, upon request, shall issue special
16 registration for commercial vehicles, valid for 6 months after
17 the date of issue, if the full registration fee exceeds $50.00,
18 on the payment of 1/2 the full registration fee and a service
19 charge as enumerated in section 802(1).
20 (9) The secretary of state may issue a special registration
21 for each of the following:
22 (a) A new vehicle purchased or leased outside of this state
23 and delivered in this state to the purchaser or lessee by the
24 manufacturer of that vehicle for removal to a place outside of
25 this state, if a certification is made that the vehicle will be
26 primarily used, stored, and registered outside of this state and
27 will not be returned to this state by the purchaser or lessee for
1 use or storage.
2 (b) A vehicle purchased or leased in this state and delivered
3 to the purchaser or lessee by a dealer or by the owner of the
4 vehicle for removal to a place outside of this state, if a
5 certification is made that the vehicle will be primarily used,
6 stored, and registered outside of this state and will not be
7 returned to this state by the purchaser or lessee for use or
8 storage.
9 (10) A special registration issued under subsection (9) is
10 valid for not more than 14 days after the date of issuance, and a
11 fee shall be collected for each special registration as provided
12 in section 802(3). The special registration may be in the form
13 determined by the secretary of state. If a dealer makes a retail
14 sale or lease of a vehicle to a purchaser or lessee who is
15 qualified and eligible to obtain a special registration, the
16 dealer shall apply for the special registration for the purchaser
17 or lessee. If a person other than a dealer sells or leases a
18 vehicle to a purchaser or lessee who is qualified and eligible to
19 obtain a special registration, the purchaser or lessee shall
20 appear in person, or by a person exercising the purchaser's or
21 lessee's power of attorney, at an office of the secretary of
22 state and furnish a certification that the person is the bona
23 fide purchaser or lessee or that the person has granted the power
24 of attorney, together with other forms required for the issuance
25 of the special registration and provide the secretary of state
26 with proof that the vehicle is covered by a Michigan no-fault
27 insurance policy issued pursuant to section 3101 of the insurance
1 code of 1956, 1956 PA 218, MCL 500.3101, or proof that the
2 vehicle is covered by a policy of insurance issued by an insurer
3 pursuant to section 3163 of the insurance code of 1956, 1956
4 PA 218, MCL 500.3163. The certification required in this
5 subsection shall contain all of the following:
6 (a) The address of the purchaser or lessee.
7 (b) A statement that the vehicle is purchased or leased for
8 registration outside of this state.
9 (c) A statement that the vehicle shall be primarily used,
10 stored, and registered outside of this state.
11 (d) The name of the jurisdiction in which the vehicle is to
12 be registered.
13 (e) Other information requested by the secretary of state.
14 (11) Upon request, the secretary of state may issue a
15 registration valid for 6 months after the date of issuance for
16 use on a trailer or semitrailer weighing 1,500 pounds or less and
17 that is used for recreational purposes, upon payment of 1/2 the
18 full registration fee imposed under section 801(1)(l). This
19 subsection does not apply after October 1, 2003.
20 (12) In the case of a commercial vehicle, trailer, or
21 semitrailer issued a registration under the international
22 registration plan, the secretary of state in mutual agreement
23 with the owner may assign or reassign the expiration date of the
24 registration. However, the expiration date agreed to shall be
25 either March 31, June 30, September 30, or December 31. Renewals
26 expiring on or after September 30, 1993 shall be for a minimum of
27 at least 12 months if there is a change in the established
1 expiration date.
2 (13) The expiration date for a multiyear registration issued
3 for a leased vehicle shall be the date the lease expires but
4 shall not be for a period longer than 24 months.
5 Sec. 802. (1) For a special registration issued as provided
6 for in section 226(8), there shall be paid 1/2 the tax imposed
7 under section 801 and in addition a service fee of $10.00.
8 (2) For all commercial vehicles registered after August 31
9 for the period expiring
the last day of February, and all
10 motorcycles registered
after September 30 for the period expiring
11 on the last day of
March, a tax of 1/2 the rate otherwise
12 imposed by this act shall
be collected. This subsection is not
13 applicable does not apply to vehicles registered by
14 manufacturers or dealers under sections 244 to 247.
15 (3) For each special registration as provided for in section
16 226(9), a service fee of $10.00 shall be collected.
17 (4) For temporary registration plates or markers as provided
18 for in section 226a(1), a service fee of $5.00 for each group of
19 5 of those temporary registration plates or markers shall be
20 collected.
21 (5) For a temporary registration as provided in section 226b,
22 the fee shall be either of the following:
23 (a) For a 30-day temporary registration, 1/10 of the fee
24 prescribed under section 801 or $20.00, whichever is greater, and
25 an additional $10.00 service fee.
26 (b) For a 60-day temporary registration, 1/5 of the fee
27 prescribed under section 801 or $40.00, whichever is greater, and
1 an additional $10.00 service fee.
2 (6) For registration plates as provided for in section
3 226a(5), (6), and (7), a service fee of $40.00 for 2 registration
4 plates and $20.00 for each additional registration plate shall be
5 collected.
6 (7) For special registrations issued for special mobile
7 equipment as provided in section 216(d), a service fee of $15.00
8 each for the first 3 special registrations, and $5.00 for each
9 special registration issued in excess of the first 3 shall be
10 collected.
11 (8) The secretary of state, upon request, may issue a
12 registration valid for 3 months for use on a vehicle with an
13 elected gross weight of 24,000 pounds or greater on the payment
14 of 1/4 the full registration fee provided in section 801(1)(k)
15 and in addition a service fee of $10.00.
16 (9) Upon application to the secretary of state, an owner of a
17 truck, truck tractor, or road tractor that is used exclusively
18 for the purpose of gratuitously transporting farm crops or
19 livestock bedding between the field where produced and the place
20 of storage, feed from on-farm storage to an on-farm feeding site,
21 or fertilizer, seed, or spray material from the farm location to
22 the field may obtain a special registration. The service fee for
23 each special registration shall be $20.00. The special
24 registration shall be valid for a period of up to 12 months and
25 shall expire on December 31. As used in this subsection:
26 (a) "Feed" means hay or silage.
27 (b) "Livestock bedding" means straw, sawdust, or sand.
1 (10) The secretary of state, upon request, may issue a
2 special registration valid for 3 or more months for a road
3 tractor, truck, or truck tractor owned by a farmer, if the motor
4 vehicle is used exclusively in connection with the farmer's
5 farming operations or for the transportation of the farmer and
6 the farmer's family and not used for hire. The fee for the
7 registration shall be 1/10 of the fee provided in section
8 801(1)(c) times the number of months for which the special
9 registration is requested and, in addition, a service fee of
10 $10.00. No special registration shall be issued for a motor
11 vehicle for which the fee under section 801(1)(c) would be less
12 than $50.00.
13 (11) The secretary of state, upon request, may issue a
14 registration valid for 3 months or more for use on a vehicle with
15 an elected gross weight of 24,000 pounds or greater. The fee for
16 the registration shall be 1/12 of the fee provided in
17 section 801(1)(k), times the number of months for which the
18 special registration is requested and, in addition, a service fee
19 of $10.00.
20 (12) The service fees collected under subsections (1), (3),
21 (4), (5), (6), (7), (8), (9), (10), and (11) shall be deposited
22 in the transportation administration collection fund created in
23 section 810b.