November 7, 2018, Introduced by Reps. Elder and Lucido and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80312 (MCL 324.80312), as amended by 2000 PA
65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80312. (1) The secretary of state may issue a certificate
of title for a watercraft to a person who complies with subsection
(2) or (3) if the transfer of ownership of that watercraft is any
of the following:
(a) By operation of law including, but not limited to,
inheritance, devise, bequest, order in bankruptcy, insolvency,
replevin, or execution of sale.
(b) By sale to satisfy a storage or repair charge.
(c) By repossession upon default in performance of the terms
of a security agreement.
(d) As provided in subsection (3).
(2) A person applying for a certificate of title under this
section shall do all of the following:
(a) Surrender to the secretary of state either a valid
certificate of title or the manufacturer's or importer's
certificate for the watercraft or, if surrender of a certificate
for that watercraft is not possible, present proof satisfactory to
the secretary of state of the applicant's ownership of and right of
possession to the watercraft.
(b) Pay the fee prescribed in section 80311.
(c) Present to the secretary of state an application for
certificate of title.
(3) A person may petition the secretary of state for a
certificate or certificates of title for 1 or more registered
watercraft that the person does not own, if each of the following
circumstances exists:
(a) The record owner of the registered watercraft dies without
leaving other property that requires the procurement of letters
under the estates and protected individuals code, 1998 PA 386, MCL
700.1101
to 700.8102.700.8206.
(b) The total value of the deceased owner's interest in all
watercraft subject to the petition for a certificate or
certificates
of title under this section is $100,000.00 or
less.$300,000.00 or less, as adjusted for the
calendar year of the
deceased owner's death. The adjustment shall be made each year,
beginning January 1, 2019, by multiplying $300,000.00 by the cost-
of-living adjustment factor for that year and rounding to the
nearest $1,000.00. The department of treasury shall certify and
publish the adjusted dollar amount for each calendar year. As used
in this subdivision:
(i) "Cost-of-living adjustment factor" means a fraction, the
numerator of which is the United States Consumer Price Index for
the year before the prior calendar year and the denominator of
which is the United States Consumer Price Index for 2016.
(ii) "United States Consumer Price Index" means the annual
average of the United States Consumer Price Index for All Urban
Consumers as defined and reported by the United States Department
of Labor, Bureau of Labor Statistics, or its successor agency.
(c) The person petitioning for a certificate or certificates
of title under this section is 1 of the following, in the following
order of priority:
(i) The surviving spouse of the watercraft owner.
(ii) A person entitled to the certificate or certificates of
title in the order specified in section 2103 of the estates and
protected individuals code, 1998 PA 386, MCL 700.2103.
(d) The person who petitions for a certificate of title under
this section furnishes the secretary of state with proof
satisfactory to the secretary of state of each of the following:
(i) The death of the owner of each watercraft for which a
certificate of title is sought.
(ii) The petitioner's priority to receive the decedent's
interest in each watercraft for which a certificate of title is
sought.
(4) A certification by the person, or agent of the person, to
whom possession of the watercraft passed, that sets forth the facts
entitling that person to possession and ownership of the
watercraft, together with a copy of the journal entry, court order,
instrument, or other document upon which the claim of possession
and ownership is founded, are satisfactory proof of ownership and
right of possession. If the applicant cannot produce proof of
ownership, the applicant may apply to the secretary of state for a
certificate of title and submit evidence that establishes that
person's ownership interest in the watercraft. If the secretary of
state finds the evidence sufficient, the secretary of state may
issue to that person a certificate of title for that watercraft.
The office of secretary of state shall examine the records in its
possession and, if it determines from that examination that a lien
is on the watercraft, and if the applicant fails to provide
satisfactory evidence of extinction of the lien, the secretary of
state shall furnish a certificate of title that contains a
statement of the lien.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.