SB-0494, As Passed Senate, September 29, 2009
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 494
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804,
806, 809, 810b, 811e, and 811h (MCL 257.208b, 257.217a, 257.232,
257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809,
257.810b, 257.811e, and 257.811h), sections 208b and 232 as
amended by 2005 PA 173, sections 217a and 804 as amended and
section 803r as added by 2003 PA 152, section 801 as amended by
2008 PA 7, section 802 as amended by 2004 PA 163, section 803b as
amended by 2004 PA 426, section 806 as amended by 2008 PA 281,
section 809 as amended by 2008 PA 280, section 810b as amended by
2006 PA 549, and sections 811e and 811h as amended by 2006 PA
562; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 208b. (1) The secretary of state may provide a
1 commercial look-up service of records maintained under this act.
2 For each individual record looked up, the secretary of state
3 shall charge a fee specified annually by the legislature, or if
4 the legislature does not specify a fee, a market-based price
5 established by the secretary of state. The secretary of state
6 shall process a commercial look-up request only if the request is
7 in a form or format prescribed by the secretary of state. Fees
8 collected under this subsection on and after October 1, 2005
9 through October 1, 2011 shall be credited to the transportation
10 administration collection fund created in section 810b.
11 (2) A driver training school operator shall subscribe to the
12 commercial look-up service maintained by the secretary of state.
13 (3) A driver training school operator shall maintain on the
14 premises of the driver training school the most current copy of
15 all nonpersonal information related to his or her driving record
16 and the driving record of each instructor employed by the driver
17 training school operator for review by any prospective customer
18 or the parent or guardian of a prospective customer.
19 (4) A prospective customer or the parent or guardian of a
20 prospective customer may review a copy of all nonpersonal
21 information related to the driving record of the driver training
22 school operator or an instructor employed by the driver training
23 school operator.
24 (5) A driver training school operator shall include in its
25 contract with each client, as prescribed by the secretary of
26 state, a notice that nonpersonal information related to the
27 driving record of each individual instructor is available for
1 review by the general public. A driver training school operator
2 that fails to include the information required by this subsection
3 is subject to a fine of not more than $500.00.
4 (6) Each limo carrier of passengers shall subscribe to the
5 commercial look-up service maintained by the secretary of state.
6 (7) A person who drives a limousine for hire for a limo
7 carrier of passengers shall maintain a most current copy of all
8 nonpersonal information related to the person's driving record in
9 the limousine available for review by any prospective passenger.
10 (8) A prospective passenger may review a copy of all
11 nonpersonal information related to the driving record of the
12 driver of a limousine from a limo carrier of passengers or from
13 the driver of the limousine.
14 (9) The secretary of state shall not provide an entire
15 computerized central file or other file of records maintained
16 under this act to a nongovernmental person or entity, unless the
17 person or entity pays the prescribed fee for each individual
18 record contained within the computerized file.
19 (10) A driver training school operator who fails to provide
20 the information required to be maintained by this section is
21 subject to a fine of not more than $500.00. Each failure to
22 provide information constitutes a separate offense.
23 (11) A limo carrier of passengers who fails to provide the
24 information required to be maintained by this section is subject
25 to a fine of not more than $500.00. Each failure to provide
26 information constitutes a separate offense.
27 (12) The driver of a limousine who fails to provide the
1 information required by this section is subject to a fine of not
2 more than $500.00. Each failure to provide information
3 constitutes a separate offense.
4 (13) As used in this section:
5 (a) "Driver training school operator" means a person
6 licensed to operate a driver training school under part 2 of the
7 driver education and training schools act, former 1974
PA 369. ,
8 MCL 256.602 to 256.609.
9 (b) "Limo carrier of passengers" and "limousine" mean those
10 terms as defined in section 3 of the limousine transportation
11 act, 1990 PA 271, MCL 257.1903.
12 Sec. 217a. (1) A person who holds an unexpired technician,
13 general, conditional, advanced, or extra class amateur radio
14 license issued by the federal communications commission may make
15 application directly to the secretary of state for a registration
16 plate inscribed with the official amateur radio call letters of
17 the applicant as assigned by the federal communications
18 commission.
19 (2) The applicant shall prove to the satisfaction of the
20 secretary of state that the applicant holds an unexpired amateur
21 radio license. In addition to the regular registration fee, the
22 applicant shall pay a service fee of $2.00. The $2.00 fee shall
23 be credited to the transportation administration collection fund
24 created under section 810b through October 1, 2011. A plate may
25 be issued for a motor vehicle which bears a registration issued
26 pursuant to section 801(1)(a) and (q).
27 (3) If a plate issued under this section is used on a
1 vehicle other than the vehicle for which the plate was issued,
2 the owner of the plate is guilty of a misdemeanor and the
3 registration plate shall be surrendered to the secretary of
4 state. A holder of a plate whose amateur radio license is not in
5 full force and effect immediately shall surrender the call letter
6 plate to the secretary of state and obtain a regular registration
7 plate.
8 (4) An application for a plate issued under this section
9 shall be submitted to the secretary of state pursuant to section
10 217. The expiration date for plates issued under this section
11 shall be the date determined pursuant to section 226.
12 Sec. 232. (1) Upon request, the secretary of state may
13 furnish a list of information from the records of the department
14 maintained under this act to a federal, state, or local
15 governmental agency for use in carrying out the agency's
16 functions, or to a private person or entity acting on behalf of a
17 governmental agency for use in carrying out the agency's
18 functions. The secretary of state may charge the requesting
19 agency a preparation fee to cover the cost of preparing and
20 furnishing a list provided under this subsection if the cost of
21 preparation exceeds $25.00, and use the revenues received from
22 the service to defray necessary expenses. If the secretary of
23 state sells a list of information under this subsection to a
24 member of the state legislature, the secretary of state shall
25 charge the same fee as the fee for the sale of information under
26 subsection (2) unless the list of information is requested by the
27 member of the legislature to carry out a legislative function.
1 The secretary of state may require the requesting agency to
2 furnish 1 or more blank computer tapes, cartridges, or other
3 electronic media and may require the agency to execute a written
4 memorandum of agreement as a condition of obtaining a list of
5 information under this subsection.
6 (2) The secretary of state may contract for the sale of
7 lists of driver and motor vehicle records and other records
8 maintained under this act in bulk, in addition to those lists
9 distributed at cost or at no cost under this section for purposes
10 permitted by and described in section 208c(3). The secretary of
11 state shall require each purchaser of records in bulk to execute
12 a written purchase contract. The secretary of state shall fix a
13 market-based price for the sale of such lists or other records
14 maintained in bulk, which may include personal information. The
15 proceeds from each sale made under this subsection on and after
16 October 1, 2005 through October 1, 2011 shall be credited to the
17 transportation administration collection fund created in section
18 810b.
19 (3) The secretary of state or any other state agency shall
20 not sell or furnish any list of information under subsection (2)
21 for the purpose of surveys, marketing, and solicitations. The
22 secretary of state shall ensure that personal information
23 disclosed in bulk will be used, rented, or sold solely for uses
24 permitted under this act.
25 (4) The secretary of state may insert any safeguard the
26 secretary considers reasonable or necessary, including a bond
27 requirement, in a memorandum of agreement or purchase contract
1 executed under this section, to ensure that the information
2 provided or sold is used only for a permissible purpose and that
3 the rights of individuals and of the department are protected.
4 (5) An authorized recipient of personal information
5 disclosed under this section who resells or rediscloses the
6 information for any of the purposes permitted by and described in
7 section 208c(3) shall do both of the following:
8 (a) Make and keep for a period of not less than 5 years
9 records identifying each person who received personal information
10 from the authorized recipient and the permitted purpose for which
11 it was obtained.
12 (b) Allow a representative of the secretary of state, upon
13 request, to inspect and copy records identifying each person who
14 received personal information from the authorized recipient and
15 the permitted purpose for which it was obtained.
16 (6) The secretary of state shall not disclose a list based
17 on driving behavior or sanctions to a nongovernmental agency,
18 including an individual.
19 Sec. 801. (1) The secretary of state shall collect the
20 following taxes at the time of registering a vehicle, which shall
21 exempt the vehicle from all other state and local taxation,
22 except the fees and taxes provided by law to be paid by certain
23 carriers operating motor vehicles and trailers under the motor
24 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
25 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
26 207.234; and except as otherwise provided by this act:
27 (a) For a motor vehicle, including a motor home, except as
1 otherwise provided, and a pickup truck or van that weighs not
2 more than 8,000 pounds, except as otherwise provided, according
3 to the following schedule of empty weights:
|
4 |
Empty weights Tax |
|
5 |
0 to 3,000 pounds..................................$ 29.00 |
|
6 |
3,001 to 3,500 pounds.............................. 32.00 |
|
7 |
3,501 to 4,000 pounds.............................. 37.00 |
|
8 |
4,001 to 4,500 pounds.............................. 43.00 |
|
9 |
4,501 to 5,000 pounds.............................. 47.00 |
|
10 |
5,001 to 5,500 pounds.............................. 52.00 |
|
11 |
5,501 to 6,000 pounds.............................. 57.00 |
|
12 |
6,001 to 6,500 pounds.............................. 62.00 |
|
13 |
6,501 to 7,000 pounds.............................. 67.00 |
|
14 |
7,001 to 7,500 pounds.............................. 71.00 |
|
15 |
7,501 to 8,000 pounds.............................. 77.00 |
|
16 |
8,001 to 8,500 pounds.............................. 81.00 |
|
17 |
8,501 to 9,000 pounds.............................. 86.00 |
|
18 |
9,001 to 9,500 pounds.............................. 91.00 |
|
19 |
9,501 to 10,000 pounds............................. 95.00 |
|
20 |
over 10,000 pounds....................$ 0.90 per 100 pounds |
|
21 |
of empty weight |
22 On October 1, 1983, and October 1, 1984, the tax assessed
23 under this subdivision shall be annually revised for the
24 registrations expiring on the appropriate October 1 or after that
25 date by multiplying the tax assessed in the preceding fiscal year
26 times the personal income of Michigan for the preceding calendar
27 year divided by the personal income of Michigan for the calendar
28 year that preceded that calendar year. In performing the
1 calculations under this subdivision, the secretary of state shall
2 use the spring preliminary report of the United States department
3 of commerce or its successor agency. A van that is owned by an
4 individual who uses a wheelchair or by an individual who
5 transports a member of his or her household who uses a wheelchair
6 and for which registration plates are issued under section 803d
7 shall be assessed at the rate of 50% of the tax provided for in
8 this subdivision.
9 (b) For a trailer coach attached to a motor vehicle, the tax
10 shall be assessed as provided in subdivision (l). A trailer coach
11 not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
12 located on land otherwise assessable as real property under the
13 general property tax act, 1893 PA 206, MCL 211.1 to 211.157
14 211.155, if the trailer coach is used as a place of habitation,
15 and whether or not permanently affixed to the soil, is not exempt
16 from real property taxes.
17 (c) For a road tractor, truck, or truck tractor owned by a
18 farmer and used exclusively in connection with a farming
19 operation, including a farmer hauling livestock or farm equipment
20 for other farmers for remuneration in kind or in labor, but not
21 for money, or used for the transportation of the farmer and the
22 farmer's family, and not used for hire, 74 cents per 100 pounds
23 of empty weight of the road tractor, truck, or truck tractor. If
24 the road tractor, truck, or truck tractor owned by a farmer is
25 also used for a nonfarming operation, the farmer is subject to
26 the highest registration tax applicable to the nonfarm use of the
27 vehicle but is not subject to more than 1 tax rate under this
1 act.
2 (d) For a road tractor, truck, or truck tractor owned by a
3 wood harvester and used exclusively in connection with the wood
4 harvesting operations or a truck used exclusively to haul milk
5 from the farm to the first point of delivery, 74 cents per 100
6 pounds of empty weight of the road tractor, truck, or truck
7 tractor. A registration secured by payment of the tax prescribed
8 in this subdivision continues in full force and effect until the
9 regular expiration date of the registration. As used in this
10 subdivision:
11 (i) "Wood harvester" includes the person or persons hauling
12 and transporting raw materials in the form produced at the
13 harvest site or hauling and transporting wood harvesting
14 equipment. Wood harvester does not include a person or persons
15 whose primary activity is tree-trimming or landscaping.
16 (ii) "Wood harvesting equipment" includes all of the
17 following:
18 (A) A vehicle that directly harvests logs or timber,
19 including, but not limited to, a processor or a feller buncher.
20 (B) A vehicle that directly processes harvested logs or
21 timber, including, but not limited to, a slasher, delimber,
22 processor, chipper, or saw table.
23 (C) A vehicle that directly processes harvested logs or
24 timber, including, but not limited to, a forwarder, grapple
25 skidder, or cable skidder.
26 (D) A vehicle that directly loads harvested logs or timber,
27 including, but not limited to, a knucle-boom knuckle-boom loader,
1 front-end loader, or forklift.
2 (E) A bulldozer or road grader being transported to a wood
3 harvesting site specifically for the purpose of building or
4 maintaining harvest site roads.
5 (iii) "Wood harvesting operations" does not include the
6 transportation of processed lumber, Christmas trees, or processed
7 firewood for a profit making venture.
8 (e) For a hearse or ambulance used exclusively by a licensed
9 funeral director in the general conduct of the licensee's funeral
10 business, including a hearse or ambulance whose owner is engaged
11 in the business of leasing or renting the hearse or ambulance to
12 others, $1.17 per 100 pounds of the empty weight of the hearse or
13 ambulance.
14 (f) For a vehicle owned and operated by this state, a state
15 institution, a municipality, a privately incorporated, nonprofit
16 volunteer fire department, or a nonpublic, nonprofit college or
17 university, $5.00 per plate. A registration plate issued under
18 this subdivision expires on June 30 of the year in which new
19 registration plates are reissued for all vehicles by the
20 secretary of state.
21 (g) For a bus including a station wagon, carryall, or
22 similarly constructed vehicle owned and operated by a nonprofit
23 parents' transportation corporation used for school purposes,
24 parochial school or society, church Sunday school, or any other
25 grammar school, or by a nonprofit youth organization or nonprofit
26 rehabilitation facility; or a motor vehicle owned and operated by
27 a senior citizen center, $10.00, if the bus, station wagon,
1 carryall, or similarly constructed vehicle or motor vehicle is
2 designated by proper signs showing the organization operating the
3 vehicle.
4 (h) For a vehicle owned by a nonprofit organization and used
5 to transport equipment for providing dialysis treatment to
6 children at camp; for a vehicle owned by the civil air patrol, as
7 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
8 vehicle is designated by a proper sign showing the civil air
9 patrol's name; for a vehicle owned and operated by a nonprofit
10 veterans center; for a vehicle owned and operated by a nonprofit
11 recycling center or a federally recognized nonprofit conservation
12 organization; for a motor vehicle having a truck chassis and a
13 locomotive or ship's body that is owned by a nonprofit veterans
14 organization and used exclusively in parades and civic events; or
15 for an emergency support vehicle used exclusively for emergencies
16 and owned and operated by a federally recognized nonprofit
17 charitable organization, $10.00 per plate.
18 (i) For each truck owned and operated free of charge by a
19 bona fide ecclesiastical or charitable corporation, or red cross,
20 girl scout, or boy scout organization, 65 cents per 100 pounds of
21 the empty weight of the truck.
22 (j) For each truck, weighing 8,000 pounds or less, and not
23 used to tow a vehicle, for each privately owned truck used to tow
24 a trailer for recreational purposes only and not involved in a
25 profit making venture, and for each vehicle designed and used to
26 tow a mobile home or a trailer coach, except as provided in
27 subdivision (b), $38.00 or an amount computed according to the
1 following schedule of empty weights, whichever is greater:
|
2 |
Empty weights Per 100 pounds |
|
3 |
0 to 2,500 pounds.............................. $ 1.40 |
|
4 |
2,501 to 4,000 pounds.......................... 1.76 |
|
5 |
4,001 to 6,000 pounds.......................... 2.20 |
|
6 |
6,001 to 8,000 pounds.......................... 2.72 |
|
7 |
8,001 to 10,000 pounds......................... 3.25 |
|
8 |
10,001 to 15,000 pounds........................ 3.77 |
|
9 |
15,001 pounds and over......................... 4.39 |
10 If the tax required under subdivision (p) for a vehicle of
11 the same model year with the same list price as the vehicle for
12 which registration is sought under this subdivision is more than
13 the tax provided under the preceding provisions of this
14 subdivision for an identical vehicle, the tax required under this
15 subdivision is not less than the tax required under subdivision
16 (p) for a vehicle of the same model year with the same list
17 price.
18 (k) For each truck weighing 8,000 pounds or less towing a
19 trailer or any other combination of vehicles and for each truck
20 weighing 8,001 pounds or more, road tractor or truck tractor,
21 except as provided in subdivision (j) according to the following
22 schedule of elected gross weights:
|
23 |
Elected gross weight Tax |
|
24 |
0 to 24,000 pounds.............................. $ 491.00 |
|
25 |
24,001 to 26,000 pounds......................... 558.00 |
|
26 |
26,001 to 28,000 pounds......................... 558.00 |
|
1 |
28,001 to 32,000 pounds......................... 649.00 |
|
2 |
32,001 to 36,000 pounds......................... 744.00 |
|
3 |
36,001 to 42,000 pounds......................... 874.00 |
|
4 |
42,001 to 48,000 pounds......................... 1,005.00 |
|
5 |
48,001 to 54,000 pounds......................... 1,135.00 |
|
6 |
54,001 to 60,000 pounds......................... 1,268.00 |
|
7 |
60,001 to 66,000 pounds......................... 1,398.00 |
|
8 |
66,001 to 72,000 pounds......................... 1,529.00 |
|
9 |
72,001 to 80,000 pounds......................... 1,660.00 |
|
10 |
80,001 to 90,000 pounds......................... 1,793.00 |
|
11 |
90,001 to 100,000 pounds........................ 2,002.00 |
|
12 |
100,001 to 115,000 pounds....................... 2,223.00 |
|
13 |
115,001 to 130,000 pounds....................... 2,448.00 |
|
14 |
130,001 to 145,000 pounds....................... 2,670.00 |
|
15 |
145,001 to 160,000 pounds....................... 2,894.00 |
|
16 |
over 160,000 pounds............................. 3,117.00 |
17 For each commercial vehicle registered under this
18 subdivision, $15.00 shall be deposited in a truck safety fund to
19 be expended for the purposes prescribed in section 25 of 1951 PA
20 51, MCL 247.675.
21 If a truck or road tractor without trailer is leased from an
22 individual owner-operator, the lessee, whether a person, firm, or
23 corporation, shall pay to the owner-operator 60% of the tax
24 prescribed in this subdivision for the truck tractor or road
25 tractor at the rate of 1/12 for each month of the lease or
26 arrangement in addition to the compensation the owner-operator is
27 entitled to for the rental of his or her equipment.
28 (l) For each pole trailer, semitrailer, trailer coach, or
1 trailer, the tax shall be assessed according to the following
2 schedule of empty weights:
|
3 |
Empty weights Tax |
|
4 |
0 to 2,499 pounds................................ $ 75.00 |
|
5 |
2,500 to 9,999 pounds............................ 200.00 |
|
6 |
10,000 pounds and over........................... 300.00 |
7 The registration plate issued under this subdivision expires
8 only when the secretary of state reissues a new registration
9 plate for all trailers. Beginning October 1, 2005, if the
10 secretary of state reissues a new registration plate for all
11 trailers, a person who has once paid the tax as increased by 2003
12 PA 152 for a vehicle under this subdivision is not required to
13 pay the tax for that vehicle a second time, but is required to
14 pay only the cost of the reissued plate at the rate provided in
15 section 804(2) for a standard plate. A registration plate issued
16 under this subdivision is nontransferable.
17 (m) For each commercial vehicle used for the transportation
18 of passengers for hire except for a vehicle for which a payment
19 is made under 1960 PA 2, MCL 257.971 to 257.972, according to the
20 following schedule of empty weights:
|
21 |
Empty weights Per 100 pounds |
|
22 |
0 to 4,000 pounds.............................. $ 1.76 |
|
23 |
4,001 to 6,000 pounds.......................... 2.20 |
|
24 |
6,001 to 10,000 pounds......................... 2.72 |
|
25 |
10,001 pounds and over......................... 3.25 |
|
26 |
|
|
1 |
(n) For each motorcycle........................ $ 23.00 |
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.
12 Beginning January 1, 1984, the registration tax for each
13 motorcycle is increased by $3.00. The $3.00 increase is not part
14 of the tax assessed under this subdivision for the purpose of the
15 annual October 1 revisions but is in addition to the tax assessed
16 as a result of the annual October 1 revisions. Beginning January
17 1, 1984, $3.00 of each motorcycle fee shall be placed in a
18 motorcycle safety fund in the state treasury and shall be used
19 only for funding the motorcycle safety education program as
20 provided for under sections 312b and 811a.
21 (o) For each truck weighing 8,001 pounds or more, road
22 tractor, or truck tractor used exclusively as a moving van or
23 part of a moving van in transporting household furniture and
24 household effects or the equipment or those engaged in conducting
25 carnivals, at the rate of 80% of the schedule of elected gross
26 weights in subdivision (k) as modified by the operation of that
1 subdivision.
2 (p) After September 30, 1983, each motor vehicle of the 1984
3 or a subsequent model year as shown on the application required
4 under section 217 that has not been previously subject to the tax
5 rates of this section and that is of the motor vehicle category
6 otherwise subject to the tax schedule described in subdivision
7 (a), and each low-speed vehicle according to the following
8 schedule based upon registration periods of 12 months:
9 (i) Except as otherwise provided in this subdivision, for the
10 first registration that is not a transfer registration under
11 section 809 and for the first registration after a transfer
12 registration under section 809, according to the following
13 schedule based on the vehicle's list price:
|
14 |
List Price Tax |
|
15 |
$ 0 - $ 6,000.00................................ $ 30.00 |
|
16 |
More than $ 6,000.00 - $ 7,000.00............... $ 33.00 |
|
17 |
More than $ 7,000.00 - $ 8,000.00............... $ 38.00 |
|
18 |
More than $ 8,000.00 - $ 9,000.00............... $ 43.00 |
|
19 |
More than $ 9,000.00 - $ 10,000.00.............. $ 48.00 |
|
20 |
More than $ 10,000.00 - $ 11,000.00............. $ 53.00 |
|
21 |
More than $ 11,000.00 - $ 12,000.00............. $ 58.00 |
|
22 |
More than $ 12,000.00 - $ 13,000.00............. $ 63.00 |
|
23 |
More than $ 13,000.00 - $ 14,000.00............. $ 68.00 |
|
24 |
More than $ 14,000.00 - $ 15,000.00............. $ 73.00 |
|
25 |
More than $ 15,000.00 - $ 16,000.00............. $ 78.00 |
|
26 |
More than $ 16,000.00 - $ 17,000.00............. $ 83.00 |
|
27 |
More than $ 17,000.00 - $ 18,000.00............. $ 88.00 |
|
28 |
More than $ 18,000.00 - $ 19,000.00............. $ 93.00 |
|
1 |
More than $ 19,000.00 - $ 20,000.00............. $ 98.00 |
|
2 |
More than $ 20,000.00 - $ 21,000.00............. $ 103.00 |
|
3 |
More than $ 21,000.00 - $ 22,000.00............. $ 108.00 |
|
4 |
More than $ 22,000.00 - $ 23,000.00............. $ 113.00 |
|
5 |
More than $ 23,000.00 - $ 24,000.00............. $ 118.00 |
|
6 |
More than $ 24,000.00 - $ 25,000.00............. $ 123.00 |
|
7 |
More than $ 25,000.00 - $ 26,000.00............. $ 128.00 |
|
8 |
More than $ 26,000.00 - $ 27,000.00............. $ 133.00 |
|
9 |
More than $ 27,000.00 - $ 28,000.00............. $ 138.00 |
|
10 |
More than $ 28,000.00 - $ 29,000.00............. $ 143.00 |
|
11 |
More than $ 29,000.00 - $ 30,000.00............. $ 148.00 |
12 More than $30,000.00, the tax of $148.00 is increased by
13 $5.00 for each $1,000.00 increment or fraction of a $1,000.00
14 increment over $30,000.00. If a current tax increases or
15 decreases as a result of 1998 PA 384, only a vehicle purchased or
16 transferred after January 1, 1999 shall be assessed the increased
17 or decreased tax.
18 (ii) For the second registration, 90% of the tax assessed
19 under subparagraph (i).
20 (iii) For the third registration, 90% of the tax assessed
21 under subparagraph (ii).
22 (iv) For the fourth and subsequent registrations, 90% of the
23 tax assessed under subparagraph (iii).
24 For a vehicle of the 1984 or a subsequent model year that
25 has been previously registered by a person other than the person
26 applying for registration or for a vehicle of the 1984 or a
27 subsequent model year that has been previously registered in
28 another state or country and is registered for the first time in
1 this state, the tax under this subdivision shall be determined by
2 subtracting the model year of the vehicle from the calendar year
3 for which the registration is sought. If the result is zero or a
4 negative figure, the first registration tax shall be paid. If the
5 result is 1, 2, or 3 or more, then, respectively, the second,
6 third, or subsequent registration tax shall be paid. A van that
7 is owned by an individual who uses a wheelchair or by an
8 individual who transports a member of his or her household who
9 uses a wheelchair and for which registration plates are issued
10 under section 803d shall be assessed at the rate of 50% of the
11 tax provided for in this subdivision.
12 (q) For a wrecker, $200.00.
13 (r) When the secretary of state computes a tax under this
14 section, a computation that does not result in a whole dollar
15 figure shall be rounded to the next lower whole dollar when the
16 computation results in a figure ending in 50 cents or less and
17 shall be rounded to the next higher whole dollar when the
18 computation results in a figure ending in 51 cents or more,
19 unless specific taxes are specified, and the secretary of state
20 may accept the manufacturer's shipping weight of the vehicle
21 fully equipped for the use for which the registration application
22 is made. If the weight is not correctly stated or is not
23 satisfactory, the secretary of state shall determine the actual
24 weight. Each application for registration of a vehicle under
25 subdivisions (j) and (m) shall have attached to the application a
26 scale weight receipt of the vehicle fully equipped as of the time
27 the application is made. The scale weight receipt is not
1 necessary if there is presented with the application a
2 registration receipt of the previous year that shows on its face
3 the weight of the motor vehicle as registered with the secretary
4 of state and that is accompanied by a statement of the applicant
5 that there has not been a structural change in the motor vehicle
6 that has increased the weight and that the previous registered
7 weight is the true weight.
8 (2) A manufacturer is not exempted under this act from
9 paying ad valorem taxes on vehicles in stock or bond, except on
10 the specified number of motor vehicles registered. A dealer is
11 exempt from paying ad valorem taxes on vehicles in stock or bond.
12 (3) Until October 1, 2009 2011, the tax for a vehicle
with
13 an empty weight over 10,000 pounds imposed under subsection
14 (1)(a) and the taxes imposed under subsection (1)(c), (d), (e),
15 (f), (i), (j), (m), (o), and (p) are each increased as follows:
16 (a) A regulatory fee of $2.25 that shall be credited to the
17 traffic law enforcement and safety fund created in section 819a
18 and used to regulate highway safety.
19 (b) A fee of $5.75 that shall be credited to the
20 transportation administration collection fund created in section
21 810b.
22 (4) If a tax required to be paid under this section is not
23 received by the secretary of state on or before the expiration
24 date of the registration plate, the secretary of state shall
25 collect a late fee of $10.00 for each registration renewed after
26 the expiration date. An application for a renewal of a
27 registration using the regular mail and postmarked before the
1 expiration date of that registration shall not be assessed a late
2 fee. The late fee collected under this subsection shall be
3 deposited into the general fund.
4 (5) As used in this section:
5 (a) "Gross proceeds" means that term as defined in section 1
6 of the general sales tax act, 1933 PA 167, MCL 205.51, and
7 includes the value of the motor vehicle used as part payment of
8 the purchase price as that value is agreed to by the parties to
9 the sale, as evidenced by the signed agreement executed under
10 section 251.
11 (b) "List price" means the manufacturer's suggested base
12 list price as published by the secretary of state, or the
13 manufacturer's suggested retail price as shown on the label
14 required to be affixed to the vehicle under 15 USC 1232, if the
15 secretary of state has not at the time of the sale of the vehicle
16 published a manufacturer's suggested retail price for that
17 vehicle, or the purchase price of the vehicle if the
18 manufacturer's suggested base list price is unavailable from the
19 sources described in this subdivision.
20 (c) "Purchase price" means the gross proceeds received by
21 the seller in consideration of the sale of the motor vehicle
22 being registered.
23 Sec. 802. (1) For a special registration issued as provided
24 for in section 226(8), there shall be paid 1/2 the tax imposed
25 under section 801 and in addition a service fee of $10.00.
26 (2) For all commercial vehicles registered after August 31
27 for the period expiring the last day of February, a tax of 1/2
1 the rate otherwise imposed by this act shall be collected. This
2 subsection does not apply to vehicles registered by manufacturers
3 or dealers under sections 244 to 247.
4 (3) For each special registration as provided for in section
5 226(9), a service fee of $10.00 shall be collected.
6 (4) For temporary registration plates or markers as provided
7 for in section 226a(1), a service fee of $5.00 for each group of
8 5 of those temporary registration plates or markers shall be
9 collected.
10 (5) For a temporary registration as provided in section
11 226b, the fee shall be either of the following:
12 (a) For a 30-day temporary registration, 1/10 of the fee
13 prescribed under section 801 or $20.00, whichever is greater, and
14 an additional $10.00 service fee.
15 (b) For a 60-day temporary registration, 1/5 of the fee
16 prescribed under section 801 or $40.00, whichever is greater, and
17 an additional $10.00 service fee.
18 (6) For registration plates as provided for in section
19 226a(5), (6), and (7), a service fee of $40.00 for 2 registration
20 plates and $20.00 for each additional registration plate shall be
21 collected.
22 (7) For special registrations issued for special mobile
23 equipment as provided in section 216(d), a service fee of $15.00
24 each for the first 3 special registrations, and $5.00 for each
25 special registration issued in excess of the first 3 shall be
26 collected.
27 (8) The secretary of state, upon request, may issue a
1 registration valid for 3 months for use on a vehicle with an
2 elected gross weight of 24,000 pounds or greater on the payment
3 of 1/4 the full registration fee provided in section 801(1)(k)
4 and in addition a service fee of $10.00.
5 (9) Upon application to the secretary of state, an owner of
6 a truck, truck tractor, or road tractor that is used exclusively
7 for the purpose of gratuitously transporting farm crops or
8 livestock bedding between the field where produced and the place
9 of storage, feed from on-farm storage to an on-farm feeding site,
10 or fertilizer, seed, or spray material from the farm location to
11 the field may obtain a special registration. The service fee for
12 each special registration shall be $20.00. The special
13 registration shall be valid for a period of up to 12 months and
14 shall expire on December 31. As used in this subsection:
15 (a) "Feed" means hay or silage.
16 (b) "Livestock bedding" means straw, sawdust, or sand.
17 (10) The secretary of state, upon request, may issue a
18 special registration valid for 3 or more months for a road
19 tractor, truck, or truck tractor owned by a farmer, if the motor
20 vehicle is used exclusively in connection with the farmer's
21 farming operations or for the transportation of the farmer and
22 the farmer's family and not used for hire. The fee for the
23 registration shall be 1/10 of the fee provided in section
24 801(1)(c) times the number of months for which the special
25 registration is requested and, in addition, a service fee of
26 $10.00. No special registration shall be issued for a motor
27 vehicle for which the fee under section 801(1)(c) would be less
1 than $50.00.
2 (11) The secretary of state, upon request, may issue a
3 registration valid for 3 months or more for use on a vehicle with
4 an elected gross weight of 24,000 pounds or greater. The fee for
5 the registration shall be 1/12 of the fee provided in section
6 801(1)(k), times the number of months for which the special
7 registration is requested and, in addition, a service fee of
8 $10.00.
9 (12) The service fees collected under subsections (1), (3),
10 (4), (5), (6), (7), (8), (9), (10), and (11) shall be deposited
11 in the transportation administration collection fund created in
12 section 810b through October 1, 2011.
13 Sec. 803b. (1) The secretary of state may issue 1
14 personalized vehicle registration plate which shall be used on
15 the passenger motor vehicle, pick-up truck, motorcycle, van,
16 motor home, hearse, bus, trailer coach, or trailer for which the
17 plate is issued instead of a standard plate. Personalized plates
18 shall bear letters and numbers as the secretary of state
19 prescribes. The secretary of state shall not issue a letter
20 combination which might carry a connotation offensive to good
21 taste and decency. The personalized plates shall be made of the
22 same material as standard plates. Personalized plates shall not
23 be a duplication of another registration plate.
24 (2) An application for a personalized registration plate
25 shall be submitted to the secretary of state pursuant to section
26 217. Application for an original personalized registration plate
27 shall be accompanied with payment of a service fee of $8.00 for
1 the first month and of $2.00 per month for each additional month
2 of the registration period in addition to the regular vehicle
3 registration fee. A second duplicate registration plate may be
4 obtained by requesting that option on the application and paying
5 an additional service fee of $5.00. The original and duplicate
6 service fees shall be deposited in the transportation
7 administration collection fund created in section 810b through
8 October 1, 2011. Application for the renewal of a personalized
9 registration plate shall be accompanied with payment of a service
10 fee of $15.00 in addition to the regular vehicle registration
11 fee. The service fee shall be credited to the Michigan
12 transportation fund and shall be allocated pursuant to section 10
13 of 1951 PA 51, MCL 247.660. The amount allocated to the state
14 trunk line fund shall be used by the state transportation
15 department for litter pickup and cleanup on state roads and
16 rights of way.
17 (3) The expiration date for a personalized registration
18 plate shall be pursuant to section 226. Upon the issuance or
19 renewal of a personalized registration plate, the secretary of
20 state may issue a tab or tabs designating the month and year of
21 expiration. Upon the renewal of a personalized registration
22 plate, the secretary of state shall issue a new tab or tabs for
23 the rear plate designating the next expiration date of the plate.
24 Upon renewal, the secretary of state shall not issue the owner a
25 new exact duplicate of the expired plate unless the plate is
26 illegible and the owner pays the service fee and registration fee
27 for an original personalized registration plate.
1 (4) The sequence of letters or numbers or combination of
2 letters and numbers on a personalized plate shall not be given to
3 a different person in a subsequent year unless the person to whom
4 the plate was issued does not reapply before the expiration date
5 of the plate.
6 (5) An applicant who applies for a registration plate under
7 section 217d, 803e, 803f, 803j, 803k, 803l, 803n, or 803o is
8 eligible to request, and the secretary of state may issue, the
9 registration plate with a sequence of letters and numbers
10 otherwise authorized under this section.
11 (6) The secretary of state may issue a temporary permit to a
12 person who has submitted an application and the proper fees for a
13 personalized plate if the applicant's vehicle registration may
14 expire prior to receipt of his or her personalized plate. The
15 temporary registration shall be valid for not more than 60 days
16 after the date of issuance. The temporary permit shall be issued
17 without a fee.
18 Sec. 803r. The service fees collected under sections 803e,
19 803f, 803i, 803j, 803k, 803l, 803m, 803n, and 803o shall be
20 deposited into the transportation administration collection fund
21 created under section 810b through October 1, 2011.
22 Sec. 804. (1) In addition to any other fees required under
23 this act, a $5.00 service fee shall be paid with each application
24 for each distinctive or commemorative plate provided for in this
25 act to cover manufacturing and issuance costs unless these costs
26 are otherwise specifically provided for in this act.
27 (2) Each applicant for a duplicate or replacement license
1 plate provided for in this act shall pay the following service
2 fee to the secretary of state, in addition to any other fees
3 required under this act:
4 (a) Five dollars for a standard or graphic standard plate,
5 personalized registration plate, veterans special registration
6 plate, or other registration plate for which the duplicate or
7 replacement fee has not been specified in this act.
8 (b) Ten dollars for a set of plates provided for in section
9 803m.
10 (c) Ten dollars for each fund-raising registration plate
11 issued under section 811e or 811f, or collector plate described
12 in section 811g.
13 (3) The service fees collected under this section shall be
14 deposited in the transportation administration collection fund
15 created in section 810b through October 1, 2011.
16 Sec. 806. (1) Until October 1, 2009 2011,
a fee of $10.00
17 shall accompany each application for a certificate of title
18 required by this act or for a duplicate of a certificate of
19 title. An additional fee of $5.00 shall accompany an application
20 if the applicant requests that the application be given special
21 expeditious treatment. A $3.00 service fee shall be collected, in
22 addition to the other fees collected under this subsection, for
23 each title issued and shall be deposited in the transportation
24 administration collection fund created under section 810b through
25 October 1, 2011. The $5.00 expeditious treatment fee collected on
26 and after October 1, 2004 through September 30, 2009 October 1,
27 2011 shall be deposited into the transportation administration
1 collection fund created under section 810b.
2 (2) A fee of $10.00 shall accompany an application for a
3 special identifying number as provided in section 230.
4 (3) In addition to paying the fees required by subsection
5 (1), until December 31, 2012, each person who applies for a
6 certificate of title, a salvage vehicle certificate of title, or
7 a scrap certificate of title under this act shall pay a tire
8 disposal surcharge of $1.50 for each certificate of title or
9 duplicate of a certificate of title that person receives. The
10 secretary of state shall deposit money received under this
11 subsection into the scrap tire regulatory fund created in section
12 16908 of the natural resources and environmental protection act,
13 1994 PA 451, MCL 324.16908.
14 Sec. 809. (1) An application for transfer of registration
15 from a vehicle subject to section 801(1)(a) to another vehicle
16 subject to that section shall be accompanied by a fee of $8.00.
17 In addition to the fee of $8.00, if the registration is
18 transferred from a passenger vehicle to a motor home and if the
19 registration fee for the motor home is greater than the fee paid
20 upon registration of the vehicle from which the registration was
21 removed, then the difference in fee shall be paid by the
22 applicant. If the fee is less than that paid for the registration
23 of the vehicle from which the plates were removed, the difference
24 shall not be refunded. The fees required by this subsection shall
25 be considered to include all fees or charges imposed by this act
26 for the transfer of registration, except those which may be
27 assessed under section 234.
1 (2) An application for a transfer of registration, other
2 than a transfer described in subsection (1), shall be accompanied
3 by a fee of $8.00. In addition to the fee of $8.00, if the
4 registration plates are transferred to another vehicle, as
5 provided in section 233, and if the plate fee for a 12-month
6 registration for the vehicle to which the registration is
7 transferred is greater than the plate fee paid upon registration
8 of the vehicle from which the registration was removed, then the
9 difference shall be paid by the applicant for the new
10 registration. If the fee is less than that paid for registration
11 of the vehicle from which the registration was removed, the
12 difference shall not be refunded.
13 (3) A transfer of registration fee collected under this
14 section on and after October 1,
2004 through September 30, 2009
15 October 1, 2011 shall be deposited into the transportation
16 administration collection fund created under section 810b.
17 Sec. 810b. (1) The transportation administration collection
18 fund is created within the state treasury.
19 (2) The state treasurer may receive money from the
20 collections authorized under this act for deposit into the fund.
21 The state treasurer shall direct the investment of the fund. The
22 state treasurer shall credit to the fund interest and earnings
23 from fund investments.
24 (3) Money in the fund at the close of the fiscal year shall
25 not lapse into the Michigan transportation fund.
26 (4) Except as provided in subsection (6), upon
27 appropriation, the department of state shall expend money from
1 the fund that is credited to the fund from revenue collected
2 under sections 801 to 810 only to pay the necessary collection
3 expenses incurred by the department of state in the
4 administration and enforcement of sections 801 to 810.
5 (5) The department of treasury shall expend money in the
6 fund, upon appropriation, only to defray the costs of collecting
7 motor fuel taxes.
8 (6) The department of state shall expend money as
9 appropriated from the fund that is credited to the fund on or
10 after October 1, 2005 under each of the following sections of law
11 to pay either the necessary collection of expenses incurred by
12 the department of state in the administration and enforcement of
13 sections 801 to 810 or other necessary expenses:
14 (a) Sections 208b and 232.
15 (b) Section 7 of 1972 PA 222, MCL 28.297.
16 (c) Sections 80130, 80315, 81114, and 82156 of the natural
17 resources and environmental protection act, 1949 1994 PA
451, MCL
18 324.80130, 324.80315, 324.81114, and 324.82156.
19 (7) The department of state shall, by January 1 of each
20 year, file a report with the secretary of the senate and the
21 clerk of the house of representatives providing an itemized list
22 of deposits into and expenditures from the fund for the preceding
23 fiscal year.
24 (8) The state transportation department shall review all
25 funds received by the state transportation department from
26 funding sources provided for under this act to determine whether
27 those funds can be used to leverage additional federal funds.
1 Sec. 811e. (1) Beginning January 1, 2007, the secretary of
2 state may develop a fund-raising plate as provided in this
3 section.
4 (2) A start-up fee of $15,000.00 shall be paid for any new
5 fund-raising plate authorized under this section. ,
which The fee
6 shall be deposited in the transportation administration
7 collection fund through October 1, 2011 to be used for the cost
8 of creating, producing, and issuing fund-raising plates. If the
9 fee described in this subsection is not paid within 18 months of
10 the effective date of the public act that authorizes the
11 development and issuance of a fund-raising plate, then the
12 related fund-raising plate shall not be created, produced, or
13 issued. A start-up fee paid under this subsection is
14 nonrefundable.
15 (3) Not less than 3 years after the secretary of state first
16 issues 1 of the fund-raising plates as described in subsection
17 (1) and upon payment of $2,000.00, the Michigan university or
18 other person sponsoring that fund-raising plate may redesign it
19 as approved by the secretary of state. The payment required under
20 this subsection shall be deposited in the transportation
21 administration collection fund through October 1, 2011 to be used
22 for the cost of creating, producing, and issuing fund-raising
23 plates. A payment under this subsection is nonrefundable.
24 (4) The secretary of state may develop 1 or more limited
25 term registration plates to recognize a Michigan university or an
26 accomplishment or occasion of a Michigan university.
27 (5) The secretary of state may, at any 1 time, develop not
1 more than 8 different state sponsored fund-raising registration
2 plates as described in this section, and matching state-sponsored
3 collector plates as described in section 811g.
4 (6) The secretary of state shall not develop or issue a
5 fund-raising plate unless a public act authorizing the fund-
6 raising plate, at a minimum, does all of the following:
7 (a) Identifies the purpose of the fund-raising plate.
8 (b) Creates a nonprofit fund or designates an existing
9 nonprofit fund to receive the money raised through the sale of
10 fund-raising plates and matching collector plates.
11 (c) If a fund is created, names the person or entity
12 responsible for administering the fund.
13 Sec. 811h. (1) Each service fee collected under sections
14 811f and 811g shall be credited to the transportation
15 administration collection fund created under section 810b through
16 October 1, 2011.
17 (2) The secretary of state shall identify and segregate the
18 fund-raising donations collected under sections 811f and 811g
19 into separate accounts. The secretary of state shall create a
20 separate account for each fund-raising plate and its collector
21 plates issued or sold by the secretary of state.
22 (3) As determined necessary by the secretary of state but
23 not more than 45 days after the end of each calendar quarter, the
24 secretary of state shall not less than once each calendar quarter
25 authorize the disbursement of fund-raising donations segregated
26 under subsection (2) and, independent from any disbursement under
27 subsection (2), report the number of each type of fund-raising
1 and collector plates issued, sold, or renewed to the following,
2 as appropriate:
3 (a) The treasurer of a Michigan university.
4 (b) The person or entity identified in a public act pursuant
5 to section 811e to administer a state-sponsored fund-raising
6 registration plate fund.
7 (c) The sponsor of a fund-raising plate issued as prescribed
8 under section 811e that was developed and issued after the
9 effective date of the amendatory act that added this subdivision.
10 (4) A fund-raising plate created after the effective date of
11 the amendatory act that added this subsection shall meet or
12 exceed the following sales goals:
13 (a) In the first year, 2,000 plates.
14 (b) In the second and each subsequent year for 5 years, 500
15 original plates.
16 (5) The secretary of state may cease to issue a fund-raising
17 plate or to issue a duplicate replacement of a fund-raising plate
18 for use on a vehicle if that fund-raising plate fails to meet a
19 sales goal described in subsection (4). The secretary of state
20 may also cease to sell a collector plate that matches the
21 discontinued fund-raising plate. However, the secretary of state
22 may continue to renew fund-raising plates already issued and
23 collect the renewal fund-raising donation for those plates.
24 (6) The state of Michigan, through the secretary of state,
25 shall own all right, title, and interest in all fund-raising
26 plates and collector plates, including the right to use,
27 reproduce, or distribute a fund-raising or collector plate or the
1 image of a fund-raising or collector plate in any form. The
2 secretary of state may authorize the commercial or other use of a
3 fund-raising or collector plate design, logo, or image if written
4 consent is obtained from the pertinent Michigan university or
5 other person that sponsored a fund-raising plate. However, the
6 secretary of state shall not authorize the commercial or other
7 use of a fund-raising or collector plate under this section
8 unless the user first agrees in writing to the terms and
9 conditions that the secretary of state considers necessary. Those
10 terms and conditions may include the payment of royalty fees to 1
11 or more of the following:
12 (a) This state.
13 (b) A Michigan university.
14 (c) Another person that sponsored a fund-raising plate.
15 (7) A royalty fee paid to this state under a written
16 agreement described in subsection (6) shall be credited to the
17 transportation administration collection fund through October 1,
18 2011.
19 (8) Beginning not later than February 1, 2007, and annually
20 after that, an organization receiving fund-raising donations
21 disbursed under this section shall report to the state treasurer.
22 A report under this subsection shall include a summary of
23 expenditures during the preceding year of the money received
24 under this section.
25 Enacting section 1. Enacting section 2 of 2003 PA 152 is
26 repealed.
27 Enacting section 2. This amendatory act takes effect
1 September 30, 2009.