SB-0554, As Passed House, July 17, 2003
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 554
(As Amended July 16, 2003)
[A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 217a, 217d, 226, 226b, 307, 310, 312e, 312h,
320e, 723, 801, 802, 803b, 803m, 804, 806, 807, 810, 811, 811c,
811h, and 812 (MCL 257.217a, 257.217d, 257.226, 257.226b,
257.307, 257.310, 257.312e, 257.312h, 257.320e, 257.723, 257.801,
257.802, 257.803b, 257.803m, 257.804, 257.806, 257.807, 257.810,
257.811, 257.811c, 257.811h, and 257.812), section 217a as
amended by 1988 PA 419, section 217d as amended by 2000 PA 78,
section 226 as amended by 2002 PA 642, section 226b and 312h as
amended by 1989 PA 299, section 307 as amended by 2002 PA 534,
sections 310 and 312e as amended by 2002 PA 652, section 320e as
amended by 1998 PA 346, section 723 as amended by 1988 PA 346,
section 801 as amended by 2002 PA 417, section 802 as amended by
1998 PA 396, section 803b as amended by 1996 PA 142, section 803m
Senate Bill No. 554 (H-7) as amended July 16, 2003
as amended and section 811c as added by 1994 PA 332, section 804
as amended and section 811h as added by 2000 PA 77, section 806
as amended by 2002 PA 497, section 807 as amended by 1998 PA 384,
section 810 as amended by 1987 PA 238, section 811 as amended by
2000 PA 456, and section 812 as amended by 1989 PA 280, and by
adding sections 803r, 810b, 819a, and 819b; and to repeal acts and
parts of acts.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 217a. (1) A person who holds an unexpired technician,
2 general, conditional, advanced, or extra class amateur radio
3 license issued by the federal communications commission may make
4 application directly to the secretary of state for a registration
5 plate inscribed with the official amateur radio call letters of
6 the applicant as assigned by the federal communications
7 commission.
8 (2) The applicant shall prove to the satisfaction of the
9 secretary of state that the applicant holds an unexpired amateur
10 radio license. In addition to the regular registration fee, the
11 applicant shall pay a service fee of $2.00. The $2.00 fee shall
12 be credited to the Michigan
transportation administration
13 collection fund ;
and, after deduction of manufacturing and
14 administrative costs,
the service fee shall be allocated pursuant
15 to section 10 of Act
No. 51 of the Public Acts of 1951, being
16 section 247.660 of the
Michigan Compiled Laws created
under
17 section 810b. A plate may be issued for a motor vehicle which
18 bears a registration issued pursuant to section 801(1)(a) and
19 (q).
1 (3) If a plate issued under this section is used on a vehicle
2 other than the vehicle for which the plate was issued, the owner
3 of the plate is guilty of a misdemeanor and the registration
4 plate shall be surrendered to the secretary of state. A holder
5 of a plate whose amateur radio license is not in full force and
6 effect immediately shall surrender the call letter plate to the
7 secretary of state and obtain a regular registration 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. 217d. (1) The secretary of state shall design and may
13 issue a special congressional medal of honor registration plate
14 for residents of this state awarded the congressional medal of
15 honor.
16 (2) A special congressional medal of honor registration plate
17 shall be issued only for 1 vehicle intended for personal use by
18 the applicant.
19 (3) A person who is a recipient of the congressional medal of
20 honor may apply to the secretary of state for a special
21 registration plate under this section on a form prescribed by the
22 secretary of state, which shall be accompanied by any proof of
23 the applicant having been a congressional medal of honor
24 recipient that the secretary of state may require. The secretary
25 of state shall waive the $5.00 service fee requirement under
26 section 804.
27 (4) A person who qualifies to be issued a special
1 registration plate under this section is entitled to only 1
2 special registration plate issued under subsection (1) that is
3 exempt from payment of the tax provided in section 801.
4 (5) A person with disabilities who applies for a special
5 registration plate under this section shall be issued a tab for
6 persons with disabilities as provided in section 803f for his or
7 her special registration plate. The secretary of state shall
8 require the same proof that the applicant is disabled as is
9 required for issuance of a permanent windshield placard under
10 section 675.
11 (6) A special registration plate issued under subsection (1)
12 expires on the birthday of the vehicle owner in a year in which
13 new plates are issued by the secretary of state.
14 (7) The secretary of state shall deliver or cause to be
15 delivered 1 or more special registration plates issued under this
16 section to the home address of the applicant at no additional
17 cost to the applicant.
18 (8) The secretary of state shall develop and, upon
19 application, may issue a Michigan veterans memorial registration
20 plate to an applicant for use on the passenger motor vehicle,
21 pickup truck, van, motor home, hearse, bus, trailer coach, or
22 trailer for which the registration plate is issued instead of a
23 standard registration plate. Michigan veterans memorial
24 registration plates shall bear letters and numbers that the
25 secretary of state prescribes. The plate shall be of a design as
26 determined by the secretary of state. The word "Michigan" shall
27 appear on each Michigan veterans memorial registration plate.
1 (9) An application for a Michigan veterans memorial
2 registration plate shall be submitted to the secretary of state
3 pursuant to the procedures prescribed in section 217.
4 Application for an original or renewal Michigan veterans memorial
5 registration plate shall be accompanied with payment of the
6 regular vehicle registration tax in addition to the following:
7 (a) For an original Michigan veterans memorial registration
8 plate, a donation of $25.00 and a service fee of not more than
9 $10.00, as determined by the secretary of state. The $10.00
10 service fee shall be deposited in the transportation
11 administration collection fund created under section 810b.
12 (b) For a renewal Michigan veterans memorial registration
13 plate, a service fee donation
of $10.00.
14 (10) A Michigan veterans memorial registration plate shall
15 expire as described in section 226. Upon the issuance or renewal
16 of a Michigan veterans memorial registration plate, the secretary
17 of state may issue a tab or tabs designating the month and year
18 of expiration.
19 (11) The secretary of state may issue a temporary
20 registration permit to a person who submits an application and
21 the proper payments for a Michigan veterans memorial registration
22 plate if the applicant's current vehicle registration will expire
23 before his or her receipt of a Michigan veterans memorial
24 registration plate. The temporary registration shall expire upon
25 receipt of a Michigan veterans memorial registration plate or 60
26 days after the issuance of a Michigan veterans memorial
27 registration plate, whichever occurs first. The temporary permit
1 shall be issued without a separate fee.
2 (12) Michigan veterans memorial registration plate service
3 fees collected under this section by the secretary of state shall
4 be identified and segregated by the secretary of state into a
5 separate account. After
deducting the manufacturing and
6 administrative costs
of the secretary of state, including
7 administrative costs
associated with issuing, replacing, and
8 substituting plates,
the The secretary of state
shall on a
9 quarterly basis transfer
all of the donations and the balance of
10 the Michigan veterans
memorial registration plate service fees
11 to the state treasurer
who shall credit the fee money donations
12 to the Vietnam veterans memorial monument fund created in section
13 3 of the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL
14 35.1053. These funds
donations shall be used exclusively for
15 the purposes described in sections 5 and 7 of the Michigan
16 Vietnam veterans memorial act, 1988 PA 234, MCL 35.1055 and
17 35.1057.
18 (13) For purposes of this section, "Michigan veterans
19 memorial registration plate" means a registration plate
20 containing a specialized design pertaining to Michigan veterans.
21 Sec. 226. (1) A vehicle registration issued by the
22 secretary of state expires on the owner's birthday, unless
23 another expiration date is provided for under this act or unless
24 the registration is for the following vehicles, in which case
25 registration expires on the last day of February:
26 (a) A commercial vehicle except for a commercial vehicle
27 issued a registration under the international registration plan
1 or a pickup truck or van owned by an individual.
2 (b) Except for a trailer or semitrailer issued a registration
3 under the international registration plan, a trailer or
4 semitrailer owned by a business, corporation, or person other
5 than an individual; or a pole trailer.
6 (2) The expiration date for a registration issued for a
7 motorcycle is March 31.
8 (3) The expiration date for a registration bearing the
9 letters "SEN" or "REP" is February 1.
10 (4) In the case of a vehicle owned by a business,
11 corporation, or an owner other than an individual, the secretary
12 of state may assign or reassign the expiration date of the
13 registration.
14 (5) The secretary of state shall do all of the following:
15 (a) After the October 1 immediately preceding the year
16 designated on the registration, issue a registration upon
17 application and payment of the proper fee for a commercial
18 vehicle, other than a pickup or van owned by an individual; or a
19 trailer owned by a business, corporation, or person other than an
20 individual.
21 (b) Beginning 60 days before the expiration date assigned on
22 an international registration plan registration plate, issue a
23 registration under section 801g upon application and payment of
24 the proper apportioned fee for a commercial vehicle engaged in
25 interstate commerce.
26 (c) After the February 14 immediately preceding the year
27 designated on a registration, issue a registration upon
1 application and payment of the proper fee for a motorcycle.
2 (d) Beginning 45 days before the owner's birthday and 120
3 days before the expiration date assigned by the secretary of
4 state, issue a registration for a vehicle other than those
5 designated in subsection (1)(a) or (b). However, if an owner
6 whose registration period begins 45 days before his or her
7 birthday will be out of the state during the 45 days immediately
8 preceding expiration of a registration or for other good cause
9 shown cannot apply for a renewal registration within the 45-day
10 period, application for a renewal registration may be made not
11 more than 6 months before expiration.
12 (6) Except as otherwise provided in this subsection, the
13 secretary of state, upon application and payment of the proper
14 fee, shall issue a registration for a vehicle to a resident that
15 shall expire on the owner's birthday. If the owner's next
16 birthday is at least 6 months but not more than 12 months in the
17 future, the owner shall receive a registration valid until the
18 owner's next birthday. If the owner's next birthday is less than
19 6 months in the future, the owner shall receive a registration
20 valid until the owner's birthday following the owner's next
21 birthday. The tax required under this act for a registration
22 described in this subsection
shall bear the same relationship to
23 the tax required under
section 801 for a 12-month registration as
24 the length of time of
the registration bears to 12 months. be
25 either of the following:
26 (a) For an original registration, the tax shall bear the same
27 relationship to the tax required under section 801 for a 12-month
1 registration as the length of the registration bears to 12
2 months.
3 (b) For a renewal of a registration, either of the
4 following:
5 (i) For a registration that is for at least 6 months but not
6 more than 12 months, the same amount as for 12 months.
7 (ii) For a renewal of a registration that is for more than 12
8 months, 2 times the amount for 12 months.
9 Partial months shall be considered as whole months in the
10 calculation of the required tax and in the determination of the
11 length of time between the application for a registration and the
12 owner's next birthday. The tax required for that registration
13 shall be rounded off to whole dollars as provided in section
14 801.
15 (7) A certificate of title shall remain valid until canceled
16 by the secretary of state for cause or upon a transfer of an
17 interest shown on the certificate of title.
18 (8) The secretary of state, upon request, shall issue special
19 registration for commercial vehicles, valid for 6 months after
20 the date of issue, if the full registration fee exceeds $50.00,
21 on the payment of 1/2 the full registration fee and a service
22 charge as enumerated in section 802(1).
23 (9) The secretary of state may issue a special registration
24 for each of the following:
25 (a) A new vehicle purchased or leased outside of this state
26 and delivered in this state to the purchaser or lessee by the
27 manufacturer of that vehicle for removal to a place outside of
1 this state, if a certification is made that the vehicle will be
2 primarily used, stored, and registered outside of this state and
3 will not be returned to this state by the purchaser or lessee for
4 use or storage.
5 (b) A vehicle purchased or leased in this state and delivered
6 to the purchaser or lessee by a dealer or by the owner of the
7 vehicle for removal to a place outside of this state, if a
8 certification is made that the vehicle will be primarily used,
9 stored, and registered outside of this state and will not be
10 returned to this state by the purchaser or lessee for use or
11 storage.
12 (10) A special registration issued under subsection (9) is
13 valid for not more than 14 days after the date of issuance, and a
14 fee shall be collected for each special registration as provided
15 in section 802(3). The special registration may be in the form
16 determined by the secretary of state. If a dealer makes a retail
17 sale or lease of a vehicle to a purchaser or lessee who is
18 qualified and eligible to obtain a special registration, the
19 dealer shall apply for the special registration for the purchaser
20 or lessee. If a person other than a dealer sells or leases a
21 vehicle to a purchaser or lessee who is qualified and eligible to
22 obtain a special registration, the purchaser or lessee shall
23 appear in person, or by a person exercising the purchaser's or
24 lessee's power of attorney, at an office of the secretary of
25 state and furnish a certification that the person is the bona
26 fide purchaser or lessee or that the person has granted the power
27 of attorney, together with other forms required for the issuance
1 of the special registration and provide the secretary of state
2 with proof that the vehicle is covered by a Michigan no-fault
3 insurance policy issued pursuant to section 3101 of the insurance
4 code of 1956, 1956 PA 218, MCL 500.3101, or proof that the
5 vehicle is covered by a policy of insurance issued by an insurer
6 pursuant to section 3163 of the insurance code of 1956, 1956
7 PA 218, MCL 500.3163. The certification required in this
8 subsection shall contain all of the following:
9 (a) The address of the purchaser or lessee.
10 (b) A statement that the vehicle is purchased or leased for
11 registration outside of this state.
12 (c) A statement that the vehicle shall be primarily used,
13 stored, and registered outside of this state.
14 (d) The name of the jurisdiction in which the vehicle is to
15 be registered.
16 (e) Other information requested by the secretary of state.
17 (11) Upon request, the secretary of state may issue a
18 registration valid for 6 months after the date of issuance for
19 use on a trailer or semitrailer weighing 1,500 pounds or less and
20 that is used for recreational purposes, upon payment of 1/2 the
21 full registration fee imposed under section 801(1)(l). This
22 subsection does not apply after October 1, 2003.
23 (12) In the case of a commercial vehicle, trailer, or
24 semitrailer issued a registration under the international
25 registration plan, the secretary of state in mutual agreement
26 with the owner may assign or reassign the expiration date of the
27 registration. However, the expiration date agreed to shall be
1 either March 31, June 30, September 30, or December 31. Renewals
2 expiring on or after September 30, 1993 shall be for a minimum of
3 at least 12 months if there is a change in the established
4 expiration date.
5 (13) The expiration date for a multiyear registration issued
6 for a leased vehicle shall be the date the lease expires but
7 shall not be for a period longer than 24 months.
8 Sec. 226b. (1) A temporary registration may be issued to an
9 owner of a vehicle. The
registration shall be valid for 14
10 either 30 days or 60 days from date of issue, at the discretion
11 of the owner, and shall be in a form as determined by the
12 secretary of state. A fee shall be collected for each temporary
13 registration as provided in section 802.
14 (2) A vehicle which has a temporary registration shall not be
15 used for the
transportation of passengers for hire , or for the
16 transportation of goods,
wares, or merchandise , or draw other
17 vehicles transporting goods, wares, or merchandise.
18 Sec. 307. (1) An applicant for an operator's or chauffeur's
19 license shall supply a birth certificate attesting to his or her
20 age or other sufficient documents or identification as the
21 secretary of state may require. An application for an operator's
22 or chauffeur's license shall be made in a manner prescribed by
23 the secretary of state and shall contain all of the following:
24 (a) The applicant's full name, date of birth, residence
25 address, height, sex, eye color, signature, other information
26 required or permitted on the license under this chapter, and, to
27 the extent required to comply with federal law, the applicant's
1 social security number. The applicant may provide a mailing
2 address if the applicant receives mail at an address different
3 from his or her residence address.
4 (b) The following notice shall be included to inform the
5 applicant that under sections 509o and 509r of the Michigan
6 election law, 1954 PA 116, MCL 168.509o and 168.509r, the
7 secretary of state is required to use the residence address
8 provided on this application as the applicant's residence address
9 on the qualified voter file for voter registration and voting:
10 "NOTICE: Michigan law requires that the same address be used
11 for voter registration and driver license purposes. Therefore,
12 if the residence address you provide in this application
13 differs from your voter registration address as it appears on
14 the qualified voter file, the secretary of state will
15 automatically change your voter registration to match the
16 residence address on this application, after which your voter
17 registration at your former address will no longer be valid for
18 voting purposes. A new voter registration card, containing the
19 information of your polling place, will be provided to you by
20 the clerk of the jurisdiction where your residence address is
21 located.".
22 (c) For an operator's or chauffeur's license with a vehicle
23 group designation or indorsement, the following certifications by
24 the applicant:
25 (i) The applicant meets the applicable federal driver
26 qualification requirements under 49 C.F.R. part 391 if the
1 applicant operates or intends to operate in interstate commerce
2 or meets the applicable qualifications under the rules
3 promulgated by the department of state police under the motor
4 carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, if
5 the applicant operates or intends to operate in intrastate
6 commerce.
7 (ii) The vehicle in which the applicant will take the driving
8 skills tests is representative of the type of vehicle the
9 applicant operates or intends to operate.
10 (iii) The applicant is not subject to disqualification,
11 suspension, revocation, or cancellation for conviction of an
12 offense described in section 312f or 319b.
13 (iv) The applicant does not have a driver's license from more
14 than 1 state.
15 (d) An applicant for an operator's or chauffeur's license
16 with a vehicle group designation and a hazardous material
17 indorsement (H vehicle indorsement) shall provide his or her
18 fingerprints which shall have been taken by a law enforcement
19 official or a designated representative for investigation as
20 required by the uniting and strengthening America by providing
21 appropriate tools required to intercept and obstruct terrorism
22 (USA PATRIOT ACT) Act of 2001, Public Law 107-56, 115 Stat. 272.
23 (2) Except as provided in this subsection, an applicant for
24 an operator's or chauffeur's license may have his or her image
25 and signature captured or reproduced when the application for the
26 license is made. An applicant required under section 5a of the
27 sex offenders registration act, 1994 PA 295, MCL 28.725a, to
1 maintain a valid operator's or chauffeur's license or official
2 state personal identification card shall have his or her image
3 and signature captured or reproduced when the application for the
4 license is made. The secretary of state shall acquire by
5 purchase or lease the equipment for capturing the images and
6 signatures and may furnish the equipment to a local unit
7 authorized by the secretary of state to license drivers. The
8 secretary of state shall acquire equipment purchased or leased
9 pursuant to this section under standard purchasing procedures of
10 the department of management and budget based on standards and
11 specifications established by the secretary of state. The
12 secretary of state shall not purchase or lease equipment until an
13 appropriation for the equipment has been made by the
14 legislature. An image and signature captured pursuant to this
15 section shall appear on the applicant's operator's or chauffeur's
16 license. Except as provided in this subsection, the secretary of
17 state may retain and use a person's image described in this
18 subsection only for programs administered by the secretary of
19 state. Except as provided in this subsection, the secretary of
20 state shall not use a person's image unless the person grants
21 written permission for that purpose to the secretary of state or
22 specific enabling legislation permitting the use is enacted into
23 law. A law enforcement agency of this state has access to
24 information retained by the secretary of state under this
25 subsection. The information may be utilized for any law
26 enforcement purpose unless otherwise prohibited by law. The
27 department of state police shall provide to the secretary of
1 state updated lists of persons required to be registered under
2 the sex offenders registration act, 1994 PA 295, MCL 28.721 to
3 28.732, and the secretary of state shall make the images of those
4 persons available to the department of state police as provided
5 in that act.
6 (3) An application shall contain a signature and
7 certification by the applicant and shall be accompanied by the
8 proper fee. The examiner shall collect the application fee and
9 shall forward the fee to the secretary of state with the
10 application. The secretary of state shall refund the application
11 fee to the applicant if the license applied for is denied, but
12 shall not refund the fee to an applicant who fails to complete
13 the examination requirements of the secretary of state within 90
14 days after the date of
application for a license. A service fee
15 of $1.00 shall be
added to each fee collected for an original,
16 renewal, duplicate, or
corrected operator's or chauffeur's
17 license. The service
fee received and collected under this
18 subsection shall be
deposited in the state treasury to the credit
19 of the general fund.
The service fee shall be used to defray the
20 expenses of the
secretary of state. Appropriations from the
21 Michigan
transportation fund shall not be used to compensate the
22 secretary of state for
costs incurred and services performed
23 under this section.
24 (4) In conjunction with the issuance of an operator's or
25 chauffeur's license, the secretary of state shall do all of the
26 following:
27 (a) Provide the applicant with all of the following:
1 (i) Written information explaining the applicant's right to
2 make an anatomical gift in the event of death in accordance with
3 section 310.
4 (ii) Written information describing the organ donation
5 registry program maintained by Michigan's federally designated
6 organ procurement organization or its successor organization.
7 The written information required under this subparagraph shall
8 include, in a type size and format that is conspicuous in
9 relation to the surrounding material, the address and telephone
10 number of Michigan's federally designated organ procurement
11 organization or its successor organization, along with an
12 advisory to call Michigan's federally designated organ
13 procurement organization or its successor organization with
14 questions about the organ donor registry program.
15 (iii) Written information giving the applicant the
16 opportunity to be placed on the organ donation registry described
17 in subparagraph (ii).
18 (b) Provide the applicant with the opportunity to specify on
19 his or her operator's or chauffeur's license that he or she is
20 willing to make an anatomical gift in the event of death in
21 accordance with section 310.
22 (c) Inform the applicant in writing that, if he or she
23 indicates to the secretary of state under this section a
24 willingness to have his or her name placed on the organ donor
25 registry described in subdivision (a)(ii), the secretary of state
26 will forward the applicant's name and address to the organ
27 donation registry maintained by Michigan's federally designated
1 organ procurement organization or its successor organization, as
2 required by subsection (6).
3 (5) The secretary of state may fulfill the requirements of
4 subsection (4) by 1 or more of the following methods:
5 (a) Providing printed material enclosed with a mailed notice
6 for an operator's or chauffeur's license renewal or the issuance
7 of an operator's or chauffeur's license.
8 (b) Providing printed material to an applicant who personally
9 appears at a secretary of state branch office.
10 (c) Through electronic information transmittals for
11 operator's and chauffeur's licenses processed by electronic
12 means.
13 (6) If an applicant indicates a willingness under this
14 section to have his or her name placed on the organ donor
15 registry described in subsection (4)(a)(ii), the secretary of
16 state shall within 10 days forward the applicant's name and
17 address to the organ donor registry maintained by Michigan's
18 federally designated organ procurement organization or its
19 successor organization. The secretary of state may forward
20 information under this subsection by mail or by electronic
21 means. The secretary of state shall not maintain a record of the
22 name or address of an individual who indicates a willingness to
23 have his or her name placed on the organ donor registry after
24 forwarding that information to the organ donor registry under
25 this subsection. Information about an applicant's indication of
26 a willingness to have his or her name placed on the organ donor
27 registry that is obtained by the secretary of state under
1 subsection (4) and forwarded under this subsection is exempt from
2 disclosure under the freedom of information act, 1976 PA 442,
3 MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom
4 of information act, 1976 PA 442, MCL 15.243.
5 (7) If an application is received from a person previously
6 licensed in another jurisdiction, the secretary of state shall
7 request a copy of the applicant's driving record and other
8 available information from the national driver register. When
9 received, the driving record and other available information
10 become a part of the driver's record in this state. If the
11 application is for an original, renewal, or upgrade of a vehicle
12 group designation or indorsement, the secretary of state shall
13 check the applicant's driving record with the national driver
14 register and the federal commercial driver license information
15 system before issuing that group designation or indorsement.
16 (8) Except for a vehicle group designation or indorsement or
17 as provided in this subsection, the secretary of state may issue
18 a renewal operator's or chauffeur's license for 1 additional
19 4-year period by mail or by other methods prescribed by the
20 secretary of state. The secretary of state shall issue a renewal
21 license only in person if the person is a person required under
22 section 5a of the sex offenders registration act, 1994 PA 295,
23 MCL 28.725a, to maintain a valid operator's or chauffeur's
24 license or official state personal identification card. If a
25 license is renewed by mail or by other method, the secretary of
26 state shall issue evidence of renewal to indicate the date the
27 license expires in the future. The department of state police
1 shall provide to the secretary of state updated lists of persons
2 required under section 5a of the sex offenders registration act,
3 1994 PA 295, MCL 28.725a, to maintain a valid operator's or
4 chauffeur's license or official state personal identification
5 card.
6 (9) Upon request, the secretary of state shall provide an
7 information manual to an applicant explaining how to obtain a
8 vehicle group designation or indorsement. The manual shall
9 contain the information required under 49 C.F.R. part 383.
10 (10) The secretary of state shall not disclose a social
11 security number obtained under subsection (1) to another person
12 except for use for 1 or more of the following purposes:
13 (a) Compliance with chapter 313 of title 49 of the United
14 States Code, 49 U.S.C. 31301 to 31317, and regulations and state
15 law and rules related to this chapter.
16 (b) Through the law enforcement information network, to carry
17 out the purposes of section 466(a) of part D of title IV of the
18 social security act, 42 U.S.C. 666, in connection with matters
19 relating to paternity, child support, or overdue child support.
20 (c) As otherwise required by law.
21 (11) The secretary of state shall not display a person's
22 social security number on the person's operator's or chauffeur's
23 license.
24 (12) A requirement under this section to include a social
25 security number on an application does not apply to an applicant
26 who demonstrates he or she is exempt under law from obtaining a
27 social security number or to an applicant who for religious
1 convictions is exempt under law from disclosure of his or her
2 social security number under these circumstances. The secretary
3 of state shall inform the applicant of this possible exemption.
4 Sec. 310. (1) The secretary of state shall issue an
5 operator's license to each person licensed as an operator and a
6 chauffeur's license to each person licensed as a chauffeur. An
7 applicant for a motorcycle indorsement under section 312a or a
8 vehicle group designation or indorsement shall first qualify for
9 an operator's or chauffeur's license before the indorsement or
10 vehicle group designation application is accepted and processed.
11 Beginning on and after July 1, 2003, an original license or the
12 first renewal of an existing license issued to a person less than
13 21 years of age shall be
portrait or vertical in form and an
14 original license or
the first renewal of an existing a
license
15 issued to a person 21 years of age or over shall be landscape or
16 horizontal in form.
17 (2) The license issued under subsection (1) shall contain all
18 of the following information:
19 (a) The distinguishing number permanently assigned to the
20 licensee.
21 (b) The full name, date of birth, address of residence,
22 height, eye color, sex, an image, and the signature of the
23 licensee.
24 (c) An indication that the license contains 1 or more of the
25 following:
26 (i) The blood type of the licensee.
27 (ii) Immunization data of the licensee.
1 (iii) Medication data of the licensee.
2 (iv) A statement that the licensee is deaf.
3 (v) A statement that the licensee is an organ and tissue
4 donor pursuant to part 101 of the public health code, 1978
5 PA 368, MCL 333.10101 to 333.10109.
6 (vi) Emergency contact information of the licensee.
7 (vii) A sticker or decal as specified by the secretary of
8 state to indicate that the licensee has designated 1 or more
9 patient advocates in accordance with section 5506 of the estates
10 and protected individuals code, 1998 PA 386, MCL 700.5506, or a
11 statement that the licensee carries an emergency medical
12 information card.
13 (d) If the licensee has made a statement described in
14 subdivision (c)(v), the signature of the licensee following the
15 indication of his or her organ and tissue donor intent identified
16 in subdivision (c)(v), along with the signature of at least 1
17 witness.
18 (e) The sticker or decal described in subdivision (c)(vii)
19 may be provided by any person, hospital, school, medical group,
20 or association interested in assisting in implementing the
21 emergency medical information card, but shall meet the
22 specifications of the secretary of state. The emergency medical
23 information card may contain the information described in
24 subdivision (c)(vi), information concerning the licensee's
25 patient advocate designation, other emergency medical
26 information, or an indication as to where the licensee has stored
27 or registered emergency medical information.
1 (f) Beginning July 1, 2003, in the case of a licensee who is
2 less than 18 years of age at the time of issuance of the license,
3 the date on which the licensee will become 18 years of age and 21
4 years of age.
5 (g) Beginning July 1, 2003, in the case of a licensee who is
6 at least 18 years of age but less than 21 years of age at the
7 time of issuance of the license, the date on which the licensee
8 will become 21 years of age.
9 (3) Except as otherwise required in this chapter, other
10 information required on the license pursuant to this chapter may
11 appear on the license in a form prescribed by the secretary of
12 state.
13 (4) The license shall not contain a fingerprint or finger
14 image of the licensee.
15 (5) A digitized license may contain an identifier for voter
16 registration purposes. The digitized license may contain
17 information appearing in electronic or machine readable codes
18 needed to conduct a transaction with the secretary of state. The
19 information shall be limited to the person's driver license
20 number, birth date, license expiration date, and other
21 information necessary for use with electronic devices, machine
22 readers, or automatic teller machines and shall not contain the
23 person's name, address, driving record, or other personal
24 identifier. The license shall identify the encoded information.
25 (6) The license shall be manufactured in a manner to prohibit
26 as nearly as possible the ability to reproduce, alter,
27 counterfeit, forge, or duplicate the license without ready
1 detection. In addition, a license with a vehicle group
2 designation shall contain the information required pursuant to
3 49 C.F.R. part 383.
4 (7) A person who intentionally reproduces, alters,
5 counterfeits, forges, or duplicates a license photograph, the
6 negative of the photograph, an image, a license, or the
7 electronic data contained on a license or a part of a license or
8 who uses a license, an image, or photograph that has been
9 reproduced, altered, counterfeited, forged, or duplicated is
10 subject to 1 of the following:
11 (a) If the intent of the reproduction, alteration,
12 counterfeiting, forging, duplication, or use was to commit or aid
13 in the commission of an offense that is a felony punishable by
14 imprisonment for 10 or more years, the person committing the
15 reproduction, alteration, counterfeiting, forging, duplication,
16 or use is guilty of a felony, punishable by imprisonment for not
17 more than 10 years or a fine of not more than $20,000.00, or
18 both.
19 (b) If the intent of the reproduction, alteration,
20 counterfeiting, forging, duplication, or use was to commit or aid
21 in the commission of an offense that is a felony punishable by
22 imprisonment for less than 10 years or a misdemeanor punishable
23 by imprisonment for 6 months or more, the person committing the
24 reproduction, alteration, counterfeiting, forging, duplication,
25 or use is guilty of a felony, punishable by imprisonment for not
26 more than 5 years, or a fine of not more than $10,000.00, or
27 both.
1 (c) If the intent of the reproduction, alteration,
2 counterfeiting, forging, duplication, or use was to commit or aid
3 in the commission of an offense that is a misdemeanor punishable
4 by imprisonment for less than 6 months, the person committing the
5 reproduction, alteration, counterfeiting, forging, duplication,
6 or use is guilty of a misdemeanor punishable by imprisonment for
7 not more than 1 year or a fine of not more than $2,000.00, or
8 both.
9 (8) Except as provided in subsection (16), a person who
10 sells, or who possesses with the intent to deliver to another, a
11 reproduced, altered, counterfeited, forged, or duplicated license
12 photograph, negative of the photograph, image, license, or
13 electronic data contained on a license or part of a license is
14 guilty of a felony punishable by imprisonment for not more than 5
15 years or a fine of not more than $10,000.00, or both.
16 (9) Except as provided in subsection (16), a person who is in
17 possession of 2 or more reproduced, altered, counterfeited,
18 forged, or duplicated license photographs, negatives of the
19 photograph, images, licenses, or electronic data contained on a
20 license or part of a license is guilty of a felony punishable by
21 imprisonment for not more than 5 years or a fine of not more than
22 $10,000.00, or both.
23 (10) Except as provided in subsection (16), a person who is
24 in possession of a reproduced, altered, counterfeited, forged, or
25 duplicated license photograph, negative of the photograph, image,
26 license, or electronic data contained on a license or part of a
27 license is guilty of a misdemeanor punishable by imprisonment for
1 not more than 1 year or a fine of not more than $2,000.00, or
2 both.
3 (11) Subsections (7)(a) and (b), (8), and (9) do not apply to
4 a minor whose intent is to violate section 703 of the Michigan
5 liquor control code of 1998, 1998 PA 58, MCL 436.1703.
6 (12) The secretary of state, upon determining after an
7 examination that an applicant is mentally and physically
8 qualified to receive a license, may issue to that person a
9 temporary driver's permit entitling the person while having the
10 permit in his or her immediate possession to drive a motor
11 vehicle upon the highway for a period not exceeding 60 days
12 before issuance to the person of an operator's or chauffeur's
13 license by the secretary of state.
14 (13) An operator or chauffeur may indicate on the license in
15 a place designated by the secretary of state his or her blood
16 type, emergency contact information, immunization data,
17 medication data, or a statement that the licensee is deaf, or a
18 statement that the licensee is an organ and tissue donor and has
19 made an anatomical gift pursuant to part 101 of the public health
20 code, 1978 PA 368, MCL 333.10101 to 333.10109.
21 (14) An operator or chauffeur may indicate on the license in
22 a place designated by the secretary of state that he or she has
23 designated a patient advocate in accordance with sections 5506 to
24 5513 of the estates and protected individuals code, 1998 PA 386,
25 MCL 700.5506 to 700.5513.
26 (15) If the applicant provides proof to the secretary of
27 state that he or she is a minor who has been emancipated pursuant
1 to 1968 PA 293, MCL 722.1 to 722.6, the license shall bear the
2 designation of the individual's emancipated status in a manner
3 prescribed by the secretary of state.
4 (16) Subsections (8), (9), and (10) do not apply to a person
5 who is in possession of 1 or more photocopies, reproductions, or
6 duplications of a license to document the identity of the
7 licensee for a legitimate business purpose.
8 Sec. 312e. (1) Except as otherwise provided in this
9 section, a person, before operating a commercial motor vehicle,
10 shall obtain the required vehicle group designation as follows:
11 (a) A person, before operating a combination of vehicles with
12 a gross combination weight rating of 26,001 pounds or more
13 including a towed vehicle with a gross vehicle weight rating of
14 more than 10,000 pounds, shall procure a group A vehicle
15 designation on his or her operator's or chauffeur's license.
16 Unless an indorsement or the removal of restrictions is required,
17 a person licensed to operate a group A vehicle may operate a
18 group B or C vehicle without taking another test.
19 (b) A person, before operating a vehicle having a gross
20 vehicle weight rating of 26,001 pounds or more, shall procure a
21 group B vehicle designation on his or her operator's or
22 chauffeur's license. Unless an indorsement or the removal of
23 restrictions is required, a person licensed to operate a group B
24 vehicle may operate a group C vehicle without taking another
25 test.
26 (c) A person, before operating a single vehicle having a
27 gross vehicle weight rating under 26,001 pounds or a vehicle
1 having a gross vehicle weight rating under 26,001 pounds towing a
2 trailer or other vehicle and carrying hazardous materials on
3 which a placard is required under 49 C.F.R. parts 100 to 199, or
4 designed to transport 16 or more passengers including the driver,
5 shall procure a group C vehicle designation and a hazardous
6 material or passenger vehicle indorsement on his or her
7 operator's or chauffeur's license.
8 (2) An applicant for a vehicle group designation shall take
9 knowledge and driving skills tests that comply with minimum
10 federal standards prescribed in 49 C.F.R. part 383 as required
11 under this act.
12 (3) The license shall be issued, suspended, revoked,
13 canceled, or renewed in accordance with this act.
14 (4) Except as provided in this subsection, all of the
15 following apply:
16 (a) If a person operates a group B passenger vehicle while
17 taking his or her driving skills test for a P indorsement, he or
18 she is restricted to operating only group B or C passenger
19 vehicles under that P indorsement.
20 (b) If a person operates a group C passenger vehicle while
21 taking his or her driving skills test for a P indorsement, he or
22 she is restricted to operating only group C passenger vehicles
23 under that P indorsement.
24 (c) A person who fails the air brake portion of the written
25 or driving skills test provided under section 312f or who takes
26 the driving skills test provided under that section in a
27 commercial motor vehicle that is not equipped with air brakes
1 shall not operate a commercial motor vehicle equipped with air
2 brakes.
3 (5) A person, before operating a commercial motor vehicle,
4 shall obtain required vehicle indorsements as follows:
5 (a) A person, before operating a commercial motor vehicle
6 pulling double trailers, shall procure the appropriate vehicle
7 group designation and a T vehicle indorsement under this act.
8 (b) A person, before operating a commercial motor vehicle
9 that is a tank vehicle, shall procure the appropriate vehicle
10 group designation and an N vehicle indorsement under this act.
11 (c) A person, before operating a commercial motor vehicle
12 carrying hazardous materials on which a placard is required under
13 49 C.F.R. parts 100 to 199, shall procure the appropriate vehicle
14 group designation and an H vehicle indorsement under this act.
15 (d) A person, before operating a commercial motor vehicle
16 that is a tank vehicle carrying hazardous material, shall procure
17 the appropriate vehicle group designation and both an N and H
18 vehicle indorsement, which shall be designated by the code letter
19 X on the person's operator's or chauffeur's license.
20 (e) A person, before operating a vehicle designed to
21 transport 16 or more passengers including the driver, shall
22 procure the appropriate vehicle group designation and a P vehicle
23 indorsement under this act. An applicant for a P vehicle
24 indorsement shall take the driving skills test in a vehicle
25 designed to transport 16 or more passengers including the
26 driver.
27 (6) An applicant for an indorsement shall take the knowledge
1 and driving skills tests described and required pursuant to
2 49 C.F.R. part 383.
3 (7) The holder of an unexpired operator's or chauffeur's
4 license may be issued a vehicle group designation and indorsement
5 valid for the remainder of the license upon meeting the
6 qualifications of section 312f and payment of the original
7 vehicle group designation
fee of $20.00 $25.00 and an
8 indorsement fee of $5.00 per indorsement, and a corrected license
9 fee of $6.00 $18.00.
A person required to procure an F vehicle
10 indorsement pursuant to subsection (9) shall pay an indorsement
11 fee of $5.00.
12 (8) Except as otherwise provided in subsections (9) and (10),
13 this section does not apply to a driver or operator of a vehicle
14 under all of the following conditions:
15 (a) The vehicle is controlled and operated by a farmer or an
16 employee or family member of the farmer.
17 (b) The vehicle is used to transport agricultural products,
18 farm machinery, farm supplies, or a combination of these items,
19 to or from a farm.
20 (c) The vehicle is not used in the operation of a common or
21 contract motor carrier.
22 (d) The vehicle is operated within 150 miles of the farm.
23 (9) A person, before driving or operating a combination of
24 vehicles having a gross vehicle weight rating of 26,001 pounds or
25 more on the power unit that is used as described in subsection
26 (8)(a) to (d), shall obtain an F vehicle indorsement. The F
27 vehicle indorsement shall be issued upon successful completion of
1 a knowledge test only.
2 (10) A person, before driving or operating a single vehicle
3 truck having a gross vehicle weight rating of 26,001 pounds or
4 more or a combination of vehicles having a gross vehicle weight
5 rating of 26,001 pounds or more on the power unit that is used as
6 described in subsection (8)(a) to (d) for carrying hazardous
7 materials on which a placard is required under 49 C.F.R. parts
8 100 to 199, shall successfully complete both a knowledge test and
9 a driving skills test. Upon successful completion of the
10 knowledge test and driving skills test, the person shall be
11 issued the appropriate vehicle group designation and any vehicle
12 indorsement necessary under this act.
13 (11) This section does not apply to a police officer
14 operating an authorized emergency vehicle or to a firefighter
15 operating an authorized emergency vehicle who has met the driver
16 training standards of the Michigan fire fighters' training
17 council.
18 (12) This section does not apply to a person operating a
19 motor home or a vehicle used exclusively to transport personal
20 possessions or family members for nonbusiness purposes.
21 (13) The money received
and collected under subsection (7)
22 for a vehicle group designation or indorsement shall be deposited
23 in the state treasury to the credit of the general fund. The
24 secretary of state shall refund out of the fees collected to each
25 county or municipality acting as an examining officer or
26 examining bureau $3.00 for each applicant examined for a first
27 designation or indorsement to an operator's or chauffeur's
1 license and $1.50 for each renewal designation or indorsement to
2 an operator's or chauffeur's license, whose application is not
3 denied, on the condition that the money refunded shall be paid to
4 the county or local treasurer and is appropriated to the county,
5 municipality, or officer or bureau receiving that money for the
6 purpose of carrying out this act.
7 (14) Notwithstanding any other provision of this section, a
8 person operating a vehicle described in subsections (8) and (9)
9 is subject to the provisions of sections 303 and 319b.
10 Sec. 312h. (1) A person who is issued an original
11 chauffeur's license as described in section 314(3), upon payment
12 of a fee of $20.00 $25.00
for a vehicle group designation and
13 $5.00 for each indorsement in addition to any other chauffeur's
14 license fees and compliance with section 312f, may be issued a
15 vehicle group designation and indorsement for the same period.
16 (2) The money received
and collected under this section
17 shall be deposited in the state treasury to the credit of the
18 general fund. The secretary of state shall refund out of the
19 fees collected to each county or municipality acting as an
20 examining officer or examining bureau, $2.00 for each applicant
21 examined for a vehicle group designation or indorsement to a
22 first chauffeur's license whose application is not denied, on the
23 condition, however, that the money refunded shall be paid to the
24 county or local treasurer and is appropriated to the county,
25 municipality, or officer or bureau receiving that money for the
26 purpose of carrying out this act.
27 Sec. 320e. (1) Except as otherwise provided in subsection
1 (2), (3), or (4), a person whose operator's or chauffeur's
2 license is suspended, revoked, or restricted pursuant to section
3 303, 319, 320, 324, 625, 625b, 625f, 732a, or 904 shall pay a
4 license reinstatement fee of $125.00 to the secretary of state
5 before a license is issued or returned to the person. The
6 increase in the reinstatement fee from $60.00 to $125.00 shall be
7 imposed for a license that is issued or returned on or after
8 October 1, 1991 regardless of when the license was suspended,
9 revoked, or restricted. Of the increase in the reinstatement fee
10 from $60.00 to $125.00, $25.00 shall be allocated to the
11 department of state, $10.00 shall be deposited by the department
12 of treasury in the drunk driving prevention equipment and
13 training fund created under section 625h(1), and $30.00 shall be
14 deposited by the department of treasury in the drunk driving
15 caseflow assistance fund created under section 625h(5). The fee
16 shall be waived if the license was suspended or restricted
17 because of the person's mental or physical infirmity or
18 disability.
19 (2) A person whose operator's or chauffeur's license is
20 suspended, revoked, or restricted pursuant to section 319(7)
21 shall pay a license reinstatement fee of $125.00 to the secretary
22 of state before a license is issued or returned to the person.
23 The fee shall be waived if the license was suspended or
24 restricted because of the person's mental or physical infirmity
25 or disability.
26 (3) A person whose operator's or chauffeur's license is
27 suspended, revoked, or restricted pursuant to section 319e shall
1 pay a license reinstatement fee of $125.00 to the secretary of
2 state before a license is issued or returned to the person. Of
3 the $125.00 fee, $95.00 shall be allocated to the department of
4 state and $30.00 shall be deposited by the department of treasury
5 in the drug case information management fund created under
6 section 323d.
7 (4) A person whose operator's or chauffeur's license is
8 suspended as provided in section 321c shall pay a license
9 reinstatement fee of $85.00 to the secretary of state before a
10 license is issued or returned to the person. The fee shall be
11 deposited in the state general fund and shall be used to defray
12 the expenses of the secretary of state in processing the
13 suspension and reinstatement of driver licenses under this
14 section.
15 (5) The secretary of state shall assess points and take
16 licensing action, including suspending, revoking, or denying a
17 license under this act, according to the law in effect at the
18 time of the conspiracy to commit the offense or at the time the
19 offense was committed or attempted or the civil infraction
20 occurred. If 1 or more of the convictions involved in a
21 licensing sanction is a violation or attempted violation of this
22 act committed or attempted after January 1, 1992, the secretary
23 of state shall apply the law in effect after January 1, 1992.
24 (6) Judicial review of an administrative licensing sanction
25 under section 303 shall be governed by the law in effect at the
26 time the offense was committed or attempted. If 1 or more of the
27 convictions involved in an administrative licensing sanction is a
1 violation or attempted violation of this act committed or
2 attempted after January 1, 1992, judicial review of that sanction
3 shall be governed by the law in effect after January 1, 1992.
4 Sec. 723. (1) All motor trucks or truck tractors, except as
5 provided in subsection (4), of more than 5,000 pounds registered
6 weight and all towing or platform bed wrecker road service
7 vehicles in operation upon the public highways of this state
8 shall have the name, city, and state or the registered logo or
9 emblem of the registered owner of the vehicle, and lessee of the
10 vehicle if the vehicle is being operated under lease, painted or
11 permanently attached on each side of the cab on a motor truck or
12 truck tractor in letters of not less than 3 inches in height, not
13 lower than the bottom edge of the door, except that motor trucks
14 with closed van bodies may place the information on each side of
15 the van body not lower than the bottom edge of the cab door.
16 This information shall be in sharp color contrast to the
17 background.
18 (2) Except for towing or platform bed wrecker road service
19 vehicles, the identification requirements of subsection (1) may
20 be met through the use of removable devices which meet the
21 requirements of subsection (1). These devices shall be of
22 durable construction and securely attached to each side of the
23 motor truck or truck tractor. The removable devices shall be
24 attached so that the identification is in a horizontal position.
25 (3) Motor vehicles subject to this section shall have 2 years
26 after the effective date of this subsection to be in compliance
27 with the marking location as required in subsection (1).
1 (4) This section
shall not apply to trucks a truck eligible
2 for and equipped with
registered under a farm or manufacturer
3 license plates plate.
4 (5) A person who violates this section is responsible for a
5 civil infraction.
6 Sec. 801. (1) The secretary of state shall collect the
7 following taxes at the time of registering a vehicle, which shall
8 exempt the vehicle from all other state and local taxation,
9 except the fees and taxes provided by law to be paid by certain
10 carriers operating motor vehicles and trailers under the motor
11 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
12 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
13 207.234; and except as otherwise provided by this act:
14 (a) For a motor vehicle, including a motor home, except as
15 otherwise provided, and a pickup truck or van that weighs not
16 more than 5,000 pounds, except as otherwise provided, according
17 to the following schedule of empty weights:
18 Empty weights Fee
19 0 to 3,000 pounds................................... $ 29.00
20 3,001 to 3,500 pounds............................... 32.00
21 3,501 to 4,000 pounds............................... 37.00
22 4,001 to 4,500 pounds............................... 43.00
23 4,501 to 5,000 pounds............................... 47.00
24 5,001 to 5,500 pounds............................... 52.00
25 5,501 to 6,000 pounds............................... 57.00
26 6,001 to 6,500 pounds............................... 62.00
Senate Bill No. 554 (H-7) as amended July 15, 2003
1 6,501 to 7,000 pounds............................... 67.00
2 7,001 to 7,500 pounds............................... 71.00
3 7,501 to 8,000 pounds............................... 77.00
4 8,001 to 8,500 pounds............................... 81.00
5 8,501 to 9,000 pounds............................... 86.00
6 9,001 to 9,500 pounds............................... 91.00
7 9,501 to 10,000 pounds.............................. 95.00
8 over 10,000 pounds......................$ 0.90 per 100 pounds
9 of empty weight
10 On October 1, 1983, and October 1, 1984, the tax assessed
11 under this subdivision shall be annually revised for the
12 registrations expiring on the appropriate October 1 or after that
13 date by multiplying the tax assessed in the preceding fiscal year
14 times the personal income of Michigan for the preceding calendar
15 year divided by the personal income of Michigan for the calendar
16 year which preceded that calendar year. In performing the
17 calculations under this subdivision, the secretary of state shall
18 use the spring preliminary report of the United States department
19 of commerce or its successor agency. A van which is owned by an
20 individual who uses a wheelchair or by an individual who
21 transports a resident of his or her household who uses a
22 wheelchair and for which registration plates are issued pursuant
23 to section 803d shall be assessed at the rate of 50% of the tax
24 provided for in this subdivision.
25 (b) For a trailer
coach attached to a motor vehicle, 76
26 cents per 100 pounds
of empty weight of the trailer coach [the tax]
27 shall be assessed as provided in subdivision (l). A trailer
1 coach not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
2 located on land otherwise assessable as real property under the
3 general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if
4 the trailer coach is used as a place of habitation, and whether
5 or not permanently affixed to the soil, shall not be exempt from
6 real property taxes.
7 (c) For a road tractor, truck, or truck tractor owned by a
8 farmer and used exclusively in connection with a farming
9 operation, including a farmer hauling livestock or farm equipment
10 for other farmers for remuneration in kind or in labor, but not
11 for money, or used for the transportation of the farmer and the
12 farmer's family, and not used for hire, 74 cents per 100 pounds
13 of empty weight of the road tractor, truck, or truck tractor. If
14 the road tractor, truck, or truck tractor owned by a farmer is
15 also used for a nonfarming operation, the farmer shall be subject
16 to the highest registration tax applicable to the nonfarm use of
17 the vehicle but shall not be subject to more than 1 tax rate
18 under this act.
19 (d) For a road tractor, truck, or truck tractor owned by a
20 wood harvester and used exclusively in connection with the wood
21 harvesting operations or a truck used exclusively to haul milk
22 from the farm to the first point of delivery, 74 cents per 100
23 pounds of empty weight of the road tractor, truck, or truck
24 tractor. A registration secured by payment of the fee as
25 prescribed in this subdivision shall continue in full force and
26 effect until the regular expiration date of the registration. As
27 used in this subdivision, "wood harvester" includes the person or
1 persons hauling and transporting raw materials in the form
2 produced at the harvest site. As used in this subdivision, "wood
3 harvesting operations" does not include the transportation of
4 processed lumber, Christmas trees, or processed firewood for a
5 profit making venture.
6 (e) For a hearse or ambulance used exclusively by a licensed
7 funeral director in the general conduct of the licensee's funeral
8 business, including a hearse or ambulance whose owner is engaged
9 in the business of leasing or renting the hearse or ambulance to
10 others, $1.17 per 100 pounds of the empty weight of the hearse or
11 ambulance.
12 (f) For a motor vehicle
owned and operated by this state, a
13 state institution, a municipality, a privately incorporated,
14 nonprofit volunteer fire department, or a nonpublic, nonprofit
15 college or university,
$5.00 per set; and for each motor vehicle
16 operating under
municipal franchise, weighing less than 2,500
17 pounds, 65 cents per
100 pounds of the empty weight of the motor
18 vehicle, weighing from
2,500 to 4,000 pounds, 80 cents per 100
19 pounds of the empty weight
of the motor vehicle, weighing 4,001
20 to 6,000 pounds, $1.00
per 100 pounds of the empty weight of the
21 motor vehicle, and
weighing over 6,000 pounds, $1.25 per 100
22 pounds of the empty
weight of the motor vehicle plate.
A
23 registration plate issued under this subdivision shall expire on
24 June 30 of the year in which new registration plates are reissued
25 for all vehicles by the secretary of state.
26 (g) For a bus including a station wagon, carryall, or
27 similarly constructed vehicle owned and operated by a nonprofit
1 parents' transportation corporation used for school purposes,
2 parochial school or society, church Sunday school, or any other
3 grammar school, or by a nonprofit youth organization or nonprofit
4 rehabilitation facility; or a motor vehicle owned and operated by
5 a senior citizen center, $10.00 per set, if the bus, station
6 wagon, carryall, or similarly constructed vehicle or motor
7 vehicle is designated by proper signs showing the organization
8 operating the vehicle.
9 (h) For a vehicle owned by a nonprofit organization and used
10 to transport equipment for providing dialysis treatment to
11 children at camp; for a vehicle owned by the civil air patrol, as
12 organized under sections 40301 to 40307 of title 36 of the United
13 States Code, 36 U.S.C. 40301 to 40307, $10.00 per plate, if the
14 vehicle is designated by a proper sign showing the civil air
15 patrol's name; for a vehicle owned and operated by a nonprofit
16 veterans center; for a vehicle owned and operated by a nonprofit
17 recycling center or a federally recognized nonprofit conservation
18 organization; for a motor vehicle having a truck chassis and a
19 locomotive or ship's body which is owned by a nonprofit veterans
20 organization and used exclusively in parades and civic events; or
21 for an emergency support vehicle used exclusively for emergencies
22 and owned and operated by a federally recognized nonprofit
23 charitable organization, $10.00 per plate.
24 (i) For each truck owned and operated free of charge by a
25 bona fide ecclesiastical or charitable corporation, or red cross,
26 girl scout, or boy scout organization, 65 cents per 100 pounds of
27 the empty weight of the truck.
1 (j) For each truck, weighing 8,000 pounds or less, and not
2 used to tow a vehicle, for each privately owned truck used to tow
3 a trailer for recreational purposes only and not involved in a
4 profit making venture, and for each vehicle designed and used to
5 tow a mobile home or a trailer coach, except as provided in
6 subdivision (b), $38.00 or an amount computed according to the
7 following schedule of empty weights, whichever is greater:
8 Empty weights Per 100 pounds
9 0 to 2,500 pounds................................... $ 1.40
10 2,501 to 4,000 pounds............................... 1.76
11 4,001 to 6,000 pounds............................... 2.20
12 6,001 to 8,000 pounds............................... 2.72
13 8,001 to 10,000 pounds.............................. 3.25
14 10,001 to 15,000 pounds............................. 3.77
15 15,001 pounds and over.............................. 4.39
16 If the tax required under subdivision (p) for a vehicle of
17 the same model year with the same list price as the vehicle for
18 which registration is sought under this subdivision is more than
19 the tax provided under the preceding provisions of this
20 subdivision for an identical vehicle, the tax required under this
21 subdivision shall not be less than the tax required under
22 subdivision (p) for a vehicle of the same model year with the
23 same list price.
24 (k) For each truck weighing 8,000 pounds or less towing a
25 trailer or any other combination of vehicles and for each truck
26 weighing 8,001 pounds or more, road tractor or truck tractor,
1 except as provided in subdivision (j) according to the following
2 schedule of elected gross weights:
3 Elected gross weight Fee
4 0 to 24,000 pounds..................................$ 491.00
5 24,001 to 26,000 pounds............................. 558.00
6 26,001 to 28,000 pounds............................. 558.00
7 28,001 to 32,000 pounds............................. 649.00
8 32,001 to 36,000 pounds............................. 744.00
9 36,001 to 42,000 pounds............................. 874.00
10 42,001 to 48,000 pounds............................. 1,005.00
11 48,001 to 54,000 pounds............................. 1,135.00
12 54,001 to 60,000 pounds............................. 1,268.00
13 60,001 to 66,000 pounds............................. 1,398.00
14 66,001 to 72,000 pounds............................. 1,529.00
15 72,001 to 80,000 pounds............................. 1,660.00
16 80,001 to 90,000 pounds............................. 1,793.00
17 90,001 to 100,000 pounds............................ 2,002.00
18 100,001 to 115,000 pounds........................... 2,223.00
19 115,001 to 130,000 pounds........................... 2,448.00
20 130,001 to 145,000 pounds........................... 2,670.00
21 145,001 to 160,000 pounds........................... 2,894.00
22 over 160,000 pounds................................. 3,117.00
23 For each commercial vehicle registered pursuant to this
24 subdivision $15.00 shall be deposited in a truck safety fund to
25 be expended for the purposes prescribed in section 25 of 1951
26 PA 51, MCL 247.675.
Senate Bill No. 554 (H-7) as amended July 15, 2003
1 If a truck or road tractor without trailer is leased from an
2 individual owner-operator, the lessee, whether a person, firm, or
3 corporation, shall pay to the owner-operator 60% of the fee
4 prescribed in this subdivision for the truck tractor or road
5 tractor at the rate of 1/12 for each month of the lease or
6 arrangement in addition to the compensation the owner-operator is
7 entitled to for the rental of his or her equipment.
8 (l) For each pole trailer, semitrailer, trailer coach, or
9 trailer, [the tax] shall be assessed according to the following
10 schedule of empty weights:
11 Empty weights Fee
12 0 to 500 2,499
pounds.............................$ 17.00
13 75.00
14 501 to 1,500
pounds................................ 24.00
15 2,500 to 9,999 pounds............................... 200.00
16 1,501 10,000
pounds and over...................... 39.00
17 300.00
18 The registration plate issued under this subdivision expires only
19 when the secretary of state reissues a new registration plate for
20 all trailers. [If the secretary of state reissues a new registration plate for all trailers, a person who has once paid the fee for a vehicle under this subdivision shall not be required to pay the fee for that vehicle a second time, but shall be required to pay only the cost of the reissued plate at the rate provided in section 804(2) for a standard plate.] A registration plate issued under this subdivision
21 is nontransferable.
22 (m) For each commercial vehicle used for the transportation
23 of passengers for hire except for a vehicle for which a payment
24 is made pursuant to 1960 PA 2, MCL 257.971 to 257.972, according
25 to the following schedule of empty weights:
1 Empty weights Per 100 pounds
2 0 to 4,000 pounds................................... $ 1.76
3 4,001 to 6,000 pounds............................... 2.20
4 6,001 to 10,000 pounds.............................. 2.72
5 10,001 pounds and over.............................. 3.25
6 (n) For each motorcycle.......................... $ 23.00
7 On October 1, 1983, and October 1, 1984, the tax assessed
8 under this subdivision shall be annually revised for the
9 registrations expiring on the appropriate October 1 or after that
10 date by multiplying the tax assessed in the preceding fiscal year
11 times the personal income of Michigan for the preceding calendar
12 year divided by the personal income of Michigan for the calendar
13 year which preceded that calendar year. In performing the
14 calculations under this subdivision, the secretary of state shall
15 use the spring preliminary report of the United States department
16 of commerce or its successor agency.
17 Beginning January 1, 1984, the registration tax for each
18 motorcycle shall be increased by $3.00. The $3.00 increase shall
19 not be considered as part of the tax assessed under this
20 subdivision for the purpose of the annual October 1 revisions but
21 shall be in addition to the tax assessed as a result of the
22 annual October 1 revisions. Beginning January 1, 1984, $3.00 of
23 each motorcycle fee shall be placed in a motorcycle safety fund
24 in the state treasury and shall be used only for funding the
25 motorcycle safety education program as provided for under
26 sections 312b and 811a.
1 (o) For each truck weighing 8,001 pounds or more, road
2 tractor, or truck tractor used exclusively as a moving van or
3 part of a moving van in transporting household furniture and
4 household effects or the equipment or those engaged in conducting
5 carnivals, at the rate of 80% of the schedule of elected gross
6 weights in subdivision (k) as modified by the operation of that
7 subdivision.
8 (p) After September 30, 1983, each motor vehicle of the 1984
9 or a subsequent model year as shown on the application required
10 under section 217 which has not been previously subject to the
11 tax rates of this section and which is of the motor vehicle
12 category otherwise subject to the tax schedule described in
13 subdivision (a), and each low-speed vehicle according to the
14 following schedule based upon registration periods of 12 months:
15 (i) Except as otherwise provided in this subdivision, for the
16 first registration, which is not a transfer registration under
17 section 809 and for the first registration after a transfer
18 registration under section 809, according to the following
19 schedule based on the vehicle's list price:
20 List Price Tax
21 $ 0 - $ 6,000.00.................................... $ 30.00
22 More than $ 6,000.00 - $ 7,000.00................... $ 33.00
23 More than $ 7,000.00 - $ 8,000.00................... $ 38.00
24 More than $ 8,000.00 - $ 9,000.00................... $ 43.00
25 More than $ 9,000.00 - $ 10,000.00.................. $ 48.00
26 More than $ 10,000.00 - $ 11,000.00................. $ 53.00
1 More than $ 11,000.00 - $ 12,000.00................. $ 58.00
2 More than $ 12,000.00 - $ 13,000.00................. $ 63.00
3 More than $ 13,000.00 - $ 14,000.00................. $ 68.00
4 More than $ 14,000.00 - $ 15,000.00................. $ 73.00
5 More than $ 15,000.00 - $ 16,000.00................. $ 78.00
6 More than $ 16,000.00 - $ 17,000.00................. $ 83.00
7 More than $ 17,000.00 - $ 18,000.00................. $ 88.00
8 More than $ 18,000.00 - $ 19,000.00................. $ 93.00
9 More than $ 19,000.00 - $ 20,000.00................. $ 98.00
10 More than $ 20,000.00 - $ 21,000.00................. $ 103.00
11 More than $ 21,000.00 - $ 22,000.00................. $ 108.00
12 More than $ 22,000.00 - $ 23,000.00................. $ 113.00
13 More than $ 23,000.00 - $ 24,000.00................. $ 118.00
14 More than $ 24,000.00 - $ 25,000.00................. $ 123.00
15 More than $ 25,000.00 - $ 26,000.00................. $ 128.00
16 More than $ 26,000.00 - $ 27,000.00................. $ 133.00
17 More than $ 27,000.00 - $ 28,000.00................. $ 138.00
18 More than $ 28,000.00 - $ 29,000.00................. $ 143.00
19 More than $ 29,000.00 - $ 30,000.00................. $ 148.00
20 More than $30,000.00, the fee of $148.00 shall be increased
21 by $5.00 for each $1,000.00 increment or fraction of a $1,000.00
22 increment over $30,000.00. If a current fee increases or
23 decreases as a result of 1998 PA 384, only a vehicle purchased or
24 transferred after January 1, 1999 shall be assessed the increased
25 or decreased fee.
26 (ii) For the second registration, 90% of the tax assessed
27 under subparagraph (i).
1 (iii) For the third registration, 90% of the tax assessed
2 under subparagraph (ii).
3 (iv) For the fourth and subsequent registrations, 90% of the
4 tax assessed under subparagraph (iii).
5 For a vehicle of the 1984 or a subsequent model year that has
6 been previously registered by a person other than the person
7 applying for registration or for a vehicle of the 1984 or a
8 subsequent model year that has been previously registered in
9 another state or country and is registered for the first time in
10 this state, the tax under this subdivision shall be determined by
11 subtracting the model year of the vehicle from the calendar year
12 for which the registration is sought. If the result is zero or a
13 negative figure, the first registration tax shall be paid. If
14 the result is 1, 2, or 3 or more, then, respectively, the second,
15 third, or subsequent registration tax shall be paid. A van which
16 is owned by an individual who uses a wheelchair or by an
17 individual who transports a resident of his or her household who
18 uses a wheelchair and for which registration plates are issued
19 pursuant to section 803d shall be assessed at the rate of 50% of
20 the tax provided for in this subdivision.
21 (q) For a wrecker, $200.00.
22 (r) When the secretary of state computes a tax under this
23 section, a computation that does not result in a whole dollar
24 figure shall be rounded to the next lower whole dollar when the
25 computation results in a figure ending in 50 cents or less and
26 shall be rounded to the next higher whole dollar when the
27 computation results in a figure ending in 51 cents or more,
1 unless specific fees are specified, and the secretary of state
2 may accept the manufacturer's shipping weight of the vehicle
3 fully equipped for the use for which the registration application
4 is made. If the weight is not correctly stated or is not
5 satisfactory, the secretary of state shall determine the actual
6 weight. Each application for registration of a vehicle under
7 subdivisions (j) and (m) shall have attached to the application a
8 scale weight receipt of the vehicle fully equipped as of the time
9 the application is made. The scale weight receipt is not
10 necessary if there is presented with the application a
11 registration receipt of the previous year which shows on its face
12 the weight of the motor vehicle as registered with the secretary
13 of state and which is accompanied by a statement of the applicant
14 that there has not been a structural change in the motor vehicle
15 which has increased the weight and that the previous registered
16 weight is the true weight.
17 (2) A manufacturer is not exempted under this act from paying
18 ad valorem taxes on vehicles in stock or bond, except on the
19 specified number of motor vehicles registered. A dealer is
20 exempt from paying ad valorem taxes on vehicles in stock or
21 bond.
22 (3) The Until
October 1, 2009, the fee for a vehicle with
23 an empty weight over 10,000 pounds imposed pursuant to subsection
24 (1)(a) and the fees imposed pursuant to subsection (1)(b), (c),
25 (d), (e), (f), (i), (j), (m), (o), and (p) shall each be
26 increased by $5.00.
This increase as follows:
27 (a) A regulatory fee of $2.25, which shall be credited to the
1 traffic law enforcement and safety fund created in section 819a
2 and used for the purpose of regulating highway safety.
3 (b) A fee of $5.75, which shall be credited to the Michigan
4 transportation administration
collection fund and used to defray
5 the costs of
processing the registrations under this section.
6 created in section 810b.
7 (4) If a tax required to be paid under this section is not
8 received by the secretary of state on or before the expiration
9 date of the registration plate, the secretary of state shall
10 collect a late fee of $10.00 for each registration renewed after
11 the expiration date. An application for a renewal of a
12 registration using the regular mail and postmarked before the
13 expiration date of that registration shall not be assessed a late
14 fee. The late fee collected under this subsection shall be
15 deposited into the general fund.
16 (5) (4) As
used in this section:
17 (a) "Gross proceeds" means gross proceeds as defined in
18 section 1 of the general sales tax act, 1933 PA 167, MCL 205.51.
19 However, gross proceeds shall include the value of the motor
20 vehicle used as part payment of the purchase price as that value
21 is agreed to by the parties to the sale, as evidenced by the
22 signed agreement executed pursuant to section 251.
23 (b) "List price" means the manufacturer's suggested base list
24 price as published by the secretary of state, or the
25 manufacturer's suggested retail price as shown on the label
26 required to be affixed to the vehicle under section 3 of the
27 automobile information disclosure act, Public Law 85-506,
1 15 U.S.C. 1232, if the secretary of state has not at the time of
2 the sale of the vehicle published a manufacturer's suggested
3 retail price for that vehicle, or the purchase price of the
4 vehicle if the manufacturer's suggested base list price is
5 unavailable from the sources described in this subdivision.
6 (c) "Purchase price" means the gross proceeds received by the
7 seller in consideration of the sale of the motor vehicle being
8 registered.
9 Sec. 802. (1) For a special registration issued as provided
10 for in section 226(8), there shall be paid 1/2 the tax imposed
11 under section 801 and in
addition a service fee of $10.00. The
12 fee shall be credited
to the Michigan transportation fund and
13 used to defray the
expenses of the special registration.
14 (2) For all commercial vehicles registered after August 31
15 for the period expiring the last day of February and all
16 motorcycles registered after September 30 for the period expiring
17 on the last day of March, a tax of 1/2 the rate otherwise imposed
18 by this act shall be collected. This subsection is not
19 applicable to vehicles registered by manufacturers or dealers
20 under sections 244 to 247.
21 (3) For each special registration as provided for in section
22 226(9), a service
fee of $10.00 shall be collected. The fee
23 shall be credited to
the Michigan transportation fund and used to
24 defray the expenses of
the special registrations.
25 (4) For temporary registration plates or markers as provided
26 for in section 226a(1), a service fee of $5.00 for each group of
27 5 of those temporary registration plates or markers shall be
1 collected. The fee
shall be credited to the Michigan
2 transportation fund
and used to defray the expenses of the
3 temporary registration
plates or markers.
4 (5) A fee of
$10.00 shall be collected for each temporary
5 registration as
provided for in section 226b, the fee to be
6 credited to the
Michigan transportation fund and used to defray
7 the expenses of the
temporary registrations. For a
temporary
8 registration as provided in section 226b, the fee shall be either
9 of the following:
10 (a) For a 30-day temporary registration, 1/10 of the fee
11 prescribed under section 801 or $20.00, whichever is greater, and
12 an additional $10.00 service fee.
13 (b) For a 60-day temporary registration, 1/5 of the fee
14 prescribed under section 801 or $40.00, whichever is greater, and
15 an additional $10.00 service fee.
16 (6) For registration plates as provided for in section
17 226a(5), (6), and (7), a service fee of $40.00 for 2 registration
18 plates and $20.00 for each additional registration plate shall be
19 collected. The fee
shall be credited to the Michigan
20 transportation fund
and used to defray the expenses of the
21 temporary plates or
markers.
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. The fee
shall be credited to the Michigan
27 transportation fund
and used to defray the expenses of the plates
1 or markers.
2 (8) The secretary of state, upon request, may issue a
3 registration valid for 3 months for use on a vehicle with an
4 elected gross weight of 24,000 pounds or greater on the payment
5 of 1/4 the full registration fee provided in section 801(1)(k)
6 and in addition a service
charge fee of $10.00. The service
7 charge shall be
credited to the Michigan transportation fund and
8 used to defray the
expense of the registration plates or tabs.
9 (9) Upon application to the secretary of state, an owner of a
10 truck, truck tractor, or road tractor that is used exclusively
11 for the purpose of gratuitously transporting farm crops or
12 livestock bedding between the field where produced and the place
13 of storage, feed from on-farm storage to an on-farm feeding site,
14 or fertilizer, seed, or spray material from the farm location to
15 the field may obtain a special registration. The service fee for
16 each special registration
shall be $20.00. The fee shall be
17 credited to the
Michigan transportation fund and used to defray
18 the expenses of the
special registration program. The
special
19 registration shall be valid for a period of up to 12 months and
20 shall expire on December 31. As used in this subsection:
21 (a) "Feed" means hay or silage.
22 (b) "Livestock bedding" means straw, sawdust, or sand.
23 (10) The secretary of state, upon request, may issue a
24 special registration valid for 3 or more months for a road
25 tractor, truck, or truck tractor owned by a farmer, if the motor
26 vehicle is used exclusively in connection with the farmer's
27 farming operations or for the transportation of the farmer and
1 the farmer's family and not used for hire. The fee for the
2 registration shall be 1/10 of the fee provided in section
3 801(1)(c) times the number of months for which the special
4 registration is requested and, in addition, a service fee of
5 $10.00. The fee
shall be credited to the Michigan
6 transportation fund
and used to defray the expenses of the
7 registration. No special registration shall be issued for a
8 motor vehicle for which the fee under section 801(1)(c) would be
9 less than $50.00.
10 (11) The secretary of state, upon request, may issue a
11 registration valid for 3 months or more for use on a vehicle with
12 an elected gross weight of 24,000 pounds or greater. The fee for
13 the registration shall be 1/12 of the fee provided in
14 section 801(1)(k), times the number of months for which the
15 special registration is requested and, in addition, a service fee
16 of $10.00. The fee
shall be credited to the Michigan
17 transportation fund
and used to defray the expenses of the
18 registration.
19 (12) The service fees collected under subsections (1), (3),
20 (4), (5), (6), (7), (8), (9), (10), and (11) shall be deposited
21 in the transportation administration collection fund created in
22 section 810b.
23 Sec. 803b. (1) The secretary of state may issue 1
24 personalized vehicle registration plate which shall be used on
25 the passenger motor vehicle, pick-up truck, motorcycle, van,
26 motor home, hearse, bus, trailer coach, or trailer for which the
27 plate is issued instead of a standard plate. Personalized plates
1 shall bear letters and numbers as the secretary of state
2 prescribes. The secretary of state shall not issue a letter
3 combination which might carry a connotation offensive to good
4 taste and decency. The personalized plates shall be made of the
5 same material as standard plates. Personalized plates shall not
6 be a duplication of another registration plate.
7 (2) An application for a personalized registration plate
8 shall be submitted to the secretary of state pursuant to section
9 217. Application for an original personalized registration plate
10 shall be accompanied with payment of a service fee of $8.00 for
11 the first month and of $2.00 per month for each additional month
12 of the registration period in addition to the regular vehicle
13 registration fee. A second duplicate registration plate may be
14 obtained by requesting that option on the application and paying
15 an additional service fee of $5.00. The original and duplicate
16 service fees shall be deposited in the transportation
17 administration collection fund created in section 810b.
18 Application for the renewal of a personalized registration plate
19 shall be accompanied with payment of a service fee of $15.00 in
20 addition to the regular vehicle registration fee. The service
21 fee shall be credited to
the Michigan transportation fund ; and
22 , after deduction of
manufacturing and administrative costs, the
23 service fee shall be allocated pursuant to section 10 of Act
24 No. 51 of the Public
Acts of 1951, being section 247.660 of the
25 Michigan Compiled Laws
1951 PA 51, MCL 247.660. The
amount
26 allocated to the state trunk line fund shall be used by the state
27 transportation department for litter pickup and cleanup on state
1 roads and rights of way.
2 (3) The expiration date for a personalized registration plate
3 shall be pursuant to section 226. Upon the issuance or renewal
4 of a personalized registration plate, the secretary of state may
5 issue a tab or tabs designating the month and year of
6 expiration. Upon the renewal of a personalized registration
7 plate, the secretary of state shall issue a new tab or tabs for
8 the rear plate designating the next expiration date of the
9 plate. Upon renewal, the secretary of state shall not issue the
10 owner a new exact duplicate of the expired plate unless the plate
11 is illegible and the owner pays the service fee and registration
12 fee for an original personalized registration plate.
13 (4) The sequence of letters or numbers or combination of
14 letters and numbers on a personalized plate shall not be given to
15 a different person in a subsequent year unless the person to whom
16 the plate was issued does not reapply before the expiration date
17 of the plate.
18 (5) The secretary of state may issue a temporary permit to a
19 person who has submitted an application and the proper fees for a
20 personalized plate if the applicant's vehicle registration may
21 expire prior to receipt of his or her personalized plate. The
22 temporary registration shall be valid for not more than 60 days
23 after the date of issuance. The temporary permit shall be issued
24 without a fee.
25 Sec. 803m. (1) The secretary of state may issue 2 special
26 organization motor vehicle registration plates to an applicant
27 for use on a passenger motor vehicle, pickup truck, van, or motor
1 home for which the plates are issued instead of standard plates.
2 A special organization motor vehicle registration plate is a
3 registration plate issued by the secretary of state that bears on
4 its face the symbol or emblem of an organization.
5 (2) Special organization plates shall bear letters and
6 numbers as the secretary of state prescribes. Special
7 organization plates may contain the symbol of the organization to
8 the left of the plate number. The secretary of state shall not
9 issue a letter combination or permit the use of a symbol which
10 might carry a connotation offensive to good taste and decency.
11 The special organization plates shall be made of the same
12 material as standard plates. Special organization plates shall
13 not be a duplication of another registration plate.
14 (3) In order to qualify its members to receive special
15 organization plates, an organization shall meet all of the
16 following criteria:
17 (a) Be a nonprofit fraternal or public service organization.
18 (b) Certify that it consists of not less than 500 members and
19 that not less than 500 members will apply for special
20 organization registration plates.
21 (c) Have a recognizable state, national, or international
22 symbol or emblem of the organization.
23 (d) Submit a service fee of $500.00 for the initial
24 manufacture of the symbols or emblems for the special
25 registration plates.
26 (e) Not practice or influence others to practice any form of
27 discrimination prohibited by the Elliott-Larsen civil rights act,
1 Act No. 453 of the
Public Acts of 1976, being sections 37.2101
2 to 37.2804 of the
Michigan Compiled Laws 1976 PA
453, MCL
3 37.2101 to 37.2804.
4 (4) If an organization meets the criteria set forth in
5 subsection (3), the organization may request the secretary of
6 state to manufacture special organization registration plates for
7 its members. A request shall be accompanied by all of the
8 following:
9 (a) A copy of the organization's charter and bylaws, if any.
10 (b) A statement of the organization's consent to use of the
11 organization's symbol or emblem on special organization plates.
12 The statement shall be signed by the president or chief executive
13 officer of the organization.
14 (c) A sample of the organization's symbol or emblem.
15 (d) The name of the organization's representative who will
16 serve as a contact person with the secretary of state.
17 (5) A member of an organization which has met the criteria
18 set forth in subsection (3) shall individually make application
19 for a special organization plate and submit with the application
20 the organization's confirmation of membership on a form provided
21 by the secretary of state.
22 (6) An application for a special organization registration
23 plate shall be submitted to the secretary of state pursuant to
24 the procedures prescribed in section 217. In addition to the
25 regular registration fee, each application for a new special
26 organization plate shall be accompanied by a service fee of
27 $25.00. The service fee prescribed in this subsection shall not
1 be charged in connection with an application for a renewal tab
2 for an existing special organization plate. A special
3 organization registration plate shall expire as provided in
4 section 226.
5 (7) Each service
fee collected under this section shall be
6 deposited in the state
treasury and shall be credited to the
7 Michigan
transportation fund. After deducting manufacturing and
8 administrative costs,
the service fees shall be allocated
9 pursuant to section 10
of Act No. 51 of the Public Acts of 1951,
10 being section 247.660
of the Michigan Compiled Laws.
11 (7) (8) The
secretary of state may issue a temporary
12 registration permit to a person who submits an application and
13 the proper fees for a special organization plate, if the
14 applicant's current vehicle registration will expire before his
15 or her receipt of an organization plate. The temporary
16 registration shall expire upon the applicant's receipt of an
17 organization plate or upon the expiration of 60 days after the
18 date of issuance, whichever occurs first. A temporary permit
19 issued under this subsection shall be issued without charge.
20 (8) (9) This
section shall apply to an organization
21 described in section 811c only to the extent provided by
22 section 811c.
23 Sec. 803r. The service fees collected under sections 803e,
24 803f, 803i, 803j, 803k, 803l, 803m, 803n, and 803o shall be
25 deposited into the transportation administration collection fund
26 created under section 810b.
27 Sec. 804. (1) In addition to any other fees required under
1 this act, a $5.00 service fee shall be paid with each application
2 for each distinctive or commemorative plate provided for in this
3 act to cover manufacturing and issuance costs unless these costs
4 are otherwise specifically provided for in this act.
5 (2) Each applicant for a duplicate or replacement license
6 plate provided for in this act shall pay the following service
7 fee to the secretary of state, in addition to any other fees
8 required under this act:
9 (a) Five dollars for a standard or graphic standard plate,
10 personalized registration plate, veterans special registration
11 plate, or other registration plate for which the duplicate or
12 replacement fee has not been specified in this act.
13 (b) Ten dollars for a set of plates provided for in section
14 803m.
15 (c) Ten dollars for each fund-raising registration plate
16 issued under section 811e or 811f, or collector plate described
17 in section 811g.
18 (3) The service fees collected under this section shall be
19 deposited in the transportation administration collection fund
20 created in section 810b.
21 Sec. 806. (1) A Until
October 1, 2009, a fee of $10.00
22 shall accompany each application for a certificate of title
23 required by this act or for a duplicate of a certificate of
24 title. An additional fee of $5.00 shall accompany an application
25 if the applicant requests that the application be given special
26 expeditious treatment. A $3.00 service fee shall be collected,
27 in addition to the other fees collected under this subsection,
1 for each title issued. The $3.00 service fee shall be deposited
2 into the transportation administration collection fund.
3 (2) A fee of $10.00 shall accompany an application for a
4 special identifying number as provided in section 230.
5 (3) In addition to paying the fees required by
6 subsection (1), until December 31, 2007, each person who applies
7 for a certificate of title, a salvage vehicle certificate of
8 title, or a scrap certificate of title, under this act shall pay
9 a tire disposal surcharge of $1.50 for each certificate of title
10 or duplicate of a certificate of title that person receives. The
11 secretary of state shall deposit money received under this
12 subsection into the scrap tire regulatory fund created in section
13 16908 of the natural resources and environmental protection act,
14 1994 PA 451, MCL 324.16908.
15 Sec. 807. (1) Except as provided in subsection (2), an
16 applicant shall include with an application for a license under
17 section 248 shall be
accompanied by 1 of the following fee
18 fees:
19 Full year's
license....................... $ 10.00 75.00
20 Half year's license
(after June 30)....... 5.00 37.50
21 Multiple year
license..................... 10.00 75.00
22 per year.
23 (2) An applicant shall include with an application for a used
24 or secondhand vehicle parts dealer, an automotive recycler, or
25 foreign salvage vehicle
dealer license shall be accompanied by
26 1 of the following fees:
1 Full year's
license....................... $ 100.00 160.00
2 Half year's license
(after June 30)....... 50.00 80.00
3 Multiple year
license..................... 100.00 160.00
4 per year.
5 Sec. 810. All Except
as otherwise provided, all fees
6 received and money
collected under sections 801 to 809 ,
7 inclusive, shall be deposited in the state treasury and shall be
8 credited to the Michigan transportation fund.
9 Sec. 810b. (1) The transportation administration collection
10 fund is created within the state treasury.
11 (2) The state treasurer may receive money from the
12 collections authorized under this act for deposit into the fund.
13 The state treasurer shall direct the investment of the fund. The
14 state treasurer shall credit to the fund interest and earnings
15 from fund investments.
16 (3) Money in the fund at the close of the fiscal year shall
17 lapse into the Michigan transportation fund.
18 (4) The department of state shall expend money from the fund,
19 upon appropriation, to pay the necessary expenses incurred by the
20 department of state in the administration and enforcement of
21 sections 801 to 810 of the Michigan vehicle code, 1949 PA 300,
22 MCL 257.801 to 257.810.
23 (5) The department of treasury shall expend money in the
24 fund, upon appropriation, to defray the costs of collecting motor
25 fuel taxes.
26 Sec. 811. (1) An application for an original operator's or
1 an original or renewal chauffeur's license as provided in
2 sections 307 and 312 and
an application for a an original
3 minor's restricted license as provided in section 312 shall be
4 accompanied by the following fees:
5 Operator's
license............................ $ 12.00 $25.00
6 Chauffeur's
license............................ 20.00 35.00
7 Minor's restricted
license..................... 5.00 25.00
8 The renewal fee for an operator's license renewed under this
9 section is $18.00. However, if an operator's license is expired
10 at the time of the renewal, the fee is the same as the original
11 fee. The date of an application for a renewal of an operator's
12 license under this section that is delivered to the secretary of
13 state by regular mail is the postmark date in determining the fee
14 to be assessed.
15 (2) The secretary of state shall deposit the money received
16 and and collected under subsection (1) in the state treasury to
17 the credit of the general fund. The secretary of state shall
18 refund out of the fees collected to each county or municipality
19 acting as an examining officer or examining bureau $2.50 for each
20 applicant examined for an original license, $1.00 for each
21 applicant examined for an original chauffeur's license, and $1.00
22 for every other applicant examined, if the application is not
23 denied and the money refunded is paid to the county or local
24 treasurer and is appropriated to the county, municipality, or
25 officer or bureau receiving the money for the purpose of carrying
26 out this act. The state treasurer shall deposit the sum of $4.00
1 in a driver education fund for each person examined for an
2 original license, a renewal operator's license, an original
3 chauffeur's license, or a renewal chauffeur's license, except
4 that the sum deposited for each 2-year operator's or 2-year
5 chauffeur's license shall be $2.00. The department of education
6 shall use the money in the driver education fund for
7 administration of a driver education program and for distribution
8 to local school districts to be used for driver education
9 programs. Any unexpended and unencumbered balance remaining in
10 the driver education fund at the end of the fiscal year in excess
11 of $150,000.00 shall revert to the general fund.
12 (3) From the money credited to the driver education fund, the
13 legislature shall appropriate annually funds to the department of
14 education for state administration of the program. In addition,
15 the department of education shall distribute to local public
16 school districts from the driver education fund a pro rata amount
17 equal to the number of students who have completed segment 1 of
18 an approved driver education course through the local public
19 school districts whether directly from the student's own local
20 school district or by certificate issued from the student's own
21 local school district in the previous fiscal year, or the actual
22 cost per student, whichever is less. Beginning April 1, 1998, a
23 local school district that offers an approved driver education
24 course shall provide an amount equal to the pro rata amount from
25 the driver education fund for each student residing in the
26 district who completes segment 1 of an approved driver education
27 course within that district. The local school district shall
1 provide each student participating in an approved driver
2 education course with a certificate in a form provided by the
3 local school district and approved by the department of education
4 that the student shall use toward the payment of any fee charged
5 for the approved driver education course under the following
6 conditions:
7 (a) If the student participates in an approved driver
8 education course at a local school district of his or her choice
9 other than his or her local school district.
10 (b) If the student participates in a driver education course
11 at a licensed driver training school, but only if the following
12 conditions exist:
13 (i) The student's local school district does not offer an
14 approved driver education course either itself or through a
15 consortium of local school districts of which the student's local
16 school district is a member.
17 (ii) The student's local school district does not offer an
18 approved driver education course with openings available either
19 itself or through a consortium of local school districts of which
20 the student's local school district is a member at the time the
21 student attains 15 years, 6 months of age.
22 From the amount distributed, the local school district shall
23 reimburse each licensed driver training school or other local
24 school district or the parent of the student the determined pro
25 rata amount from the driver education fund for each student from
26 that district completing segment 1 of an approved driver
27 education course with the licensed driver training school or
1 other local school district during the fiscal year.
2 (4) Beginning
April 1, 1998, the The approved driver
3 education courses may be conducted by the local public school
4 district or a consortium of school districts, by a licensed
5 driver training school either itself or through a contract with a
6 local school district, or by the intermediate district at the
7 request of the local district. If a local school district
8 contracts with a licensed driver training school to conduct an
9 approved driver education course, the contract shall require that
10 the driver education course be conducted in accordance with the
11 requirements set forth in department of education rules under
12 subsection (6) that are applicable to an approved driver
13 education course conducted by a local school district.
14 Enrollment in approved driver education courses shall be open to
15 residents not less than 14 years 8 months of age enrolled in
16 public, nonpublic, and home schools as well as resident
17 out-of-school youth not less than 14 years 8 months of age.
18 Reimbursement to local school districts shall be made on the
19 basis of an application made by the local school district
20 superintendent to the department of education. If money
21 appropriated from the driver education fund is not sufficient to
22 provide for state administration of the driver education program
23 and to reimburse local school districts for each student
24 completing segment 1 of an approved driver education course, then
25 payments made to local school districts shall be prorated to the
26 amount that is appropriated and available in the fund. A local
27 school district or licensed driver training school may use
1 videotapes, computers, telecourses, or other similar technology
2 as part of the classroom instruction portion of its driver
3 education courses. A student may receive and use any of these
4 materials at home.
5 (5) As used in this section, "driver education courses"
6 include classroom instruction, behind-the-wheel instruction, and
7 observation in an automobile under the supervision of a qualified
8 teacher or licensed instructor. The department of education
9 shall not require that licensed driver training school teachers
10 or instructors be certificated under the revised school code,
11 1976 PA 451, MCL 380.1 to 380.1852.
12 (6) The department of education may promulgate rules pursuant
13 to the administrative procedures act of 1969, 1969 PA 306, MCL
14 24.201 to 24.328, to implement this section. The rules shall
15 include, at a minimum, instructional standards, teacher
16 qualifications, and reimbursement procedures.
17 (7) Notwithstanding sections 306 and 308, an operator's
18 license shall not be issued to a person under 18 years of age
19 unless that person successfully passes a driver education course
20 and examination given by a public school, nonpublic school, or an
21 equivalent course approved by the department of education given
22 by a licensed driver training school. A person who has been a
23 holder of a motor vehicle operator's license issued by any other
24 state, territory, or possession of the United States, or any
25 other sovereignty for 1 year immediately before application for
26 an operator's license under this act is not required to comply
27 with this subsection. Restricted licenses may be issued pursuant
1 to section 312 without compliance with this subsection. A driver
2 education course shall be made available for a person under 18
3 years of age within a time that will enable that person to
4 qualify for a license before the time that the person is
5 permitted by law to have a license.
6 (8) Beginning
April 1, 1998, a A public school system may
7 impose a charge or enrollment fee for a driver education course
8 upon a student desiring to take the course as a duly enrolled
9 student for the course in a school of the public school system.
10 If a charge or enrollment fee is imposed, it shall be the same
11 for all students who reside within the territory of the public
12 school system.
13 Sec. 811c. (1) Upon application, the secretary of state
14 shall issue a registration plate with an appropriate decal
15 representing an olympic education-training center in this state
16 to an applicant for use on the passenger motor vehicle, pickup
17 truck, van, or motor home for which the plate is issued.
18 (2) An application for a registration plate with an olympic
19 education-training center decal shall be submitted to the
20 secretary of state pursuant to the procedures prescribed in
21 section 217. In addition to the regular registration tax imposed
22 by section 801, each application shall be accompanied with
23 payment of a service
fee of $3.00 for the first month and $2.00
24 per month for each additional month of the registration period of
25 the plate. Registration plates with an olympic
26 education-training center decal shall expire on the applicant's
27 birthday pursuant to section 226.
1 (3) The olympic education-training center fund is created in
2 the state treasury. Money in the fund shall be expended only as
3 provided in this section.
4 (4) The secretary of
state shall deposit each service fee
5 $10.00 from the amount received for each original registration
6 plate collected pursuant to this section into the transportation
7 administration collection fund created under section 810b. The
8 remainder shall be deposited with the state treasurer, to the
9 credit of the olympic education-training center fund. The fund
10 may receive money from any other source as appropriated by the
11 legislature. The money in the fund shall, upon appropriation, be
12 distributed to the
olympic education-training center. after
13 deducting
manufacturing and administrative costs.
14 (5) The olympic education-training center shall submit to the
15 secretary of state a design of a separate decal to be affixed to
16 a registration plate. The secretary of state shall confer with
17 the department of state police to ensure the design will not
18 compromise the ability of law enforcement agencies to accurately
19 identify specific vehicles. Registration plates with an olympic
20 education-training center decal shall not be a duplication of
21 another registration plate. The olympic education-training
22 center shall comply with section 803m(2), (3)(c) and (d), and
23 (4)(c) and (d).
24 (6) The secretary of state may issue a temporary registration
25 permit to a person who submits an application and the proper
26 payments for a registration plate with an olympic
27 education-training center decal, if the applicant's current
1 vehicle registration will expire before his or her receipt of a
2 registration plate with an olympic education-training center
3 decal. The temporary registration shall expire upon receipt of a
4 registration plate with an olympic education-training center
5 decal or 60 days after the issuance, whichever occurs first. The
6 temporary permit shall be issued without a separate fee.
7 Sec. 811h. (1) Each service fee collected under sections
8 811f and 811g shall be
credited to the Michigan transportation
9 fund established
under section 10 of 1951 PA 51, MCL 247.660,
10 and shall be used
first to defray the manufacturing and
11 administrative costs
incurred by the secretary of state,
12 including
administrative costs associated with selling, issuing,
13 replacing, and
substituting fund-raising registration and
14 collector plates administration collection fund created under
15 section 810b.
16 (2) The secretary of state shall identify and segregate the
17 fund-raising donations collected under sections 811f and 811g
18 into separate accounts. The secretary of state shall create a
19 separate account for each fund-raising plate series and matching
20 collector plates issued or sold by the secretary of state for a
21 Michigan university or state-sponsored goal pursuant to section
22 811e.
23 (3) As determined necessary by the secretary of state but not
24 more than 45 days after the end of each calendar quarter, the
25 secretary of state shall not less than once each calendar quarter
26 authorize the disbursement of fund-raising donations segregated
27 under subsection (2) and, independent from any disbursement under
1 subsection (2), report the number of fund-raising registration
2 and matching collector plates issued, sold, or renewed bearing
3 the design or logo of that Michigan university or state-sponsored
4 plate sponsor, to the following, as appropriate:
5 (a) The treasurer of a Michigan university.
6 (b) The person or entity identified in a public act pursuant
7 to section 811e(3) to administer a state-sponsored fund-raising
8 registration plate fund.
9 (4) The secretary of state may cease to issue a fund-raising
10 registration plate or to issue a duplicate replacement of a
11 fund-raising registration plate for use on a vehicle if the
12 secretary of state issued fewer than 500 of a particular
13 fund-raising registration plate within any prior 24 consecutive
14 months. The secretary of state may also cease to sell a
15 collector plate that matches the discontinued fund-raising
16 registration plate. However, the secretary of state may continue
17 to renew fund-raising registration plates already issued and
18 collect the renewal fund-raising donation for those plates. This
19 subsection does not apply to Michigan university fund-raising
20 registration plates issued under section 811f and matching
21 Michigan university collector plates issued under section 811g.
22 (5) The state of Michigan, through the secretary of state,
23 shall own all right, title, and interest in all fund-raising
24 registration and collector plates, including the right to use,
25 reproduce, or distribute a fund-raising registration or collector
26 plate or the image of a fund-raising registration or collector
27 plate in any form. The secretary of state may authorize the
1 commercial or other use of a fund-raising registration or
2 collector plate design, logo, or image if written consent is
3 obtained from the pertinent Michigan university or person or
4 entity that sponsored a state-sponsored fund-raising registration
5 plate under section 811e. However, the secretary of state shall
6 not authorize the commercial or other use of a fund-raising
7 registration or collector plate under this section unless the
8 user first agrees in writing to the terms and conditions that the
9 secretary of state considers necessary. Those terms and
10 conditions may include the payment of royalty fees to 1 or more
11 of the following:
12 (a) This state.
13 (b) A Michigan university.
14 (c) A person or entity that sponsored a state-sponsored
15 fund-raising registration plate.
16 (6) A royalty fee paid to this state under a written
17 agreement described in subsection (5) shall be credited to the
18 Michigan transportation fund established under section 10 of 1951
19 PA 51, MCL 247.660.
20 Sec. 812. For each duplicate license as provided in section
21 313, and for each correction of a license, a person may apply for
22 renewal of the license and pay the renewal fee prescribed in this
23 act or the person may, at his or her option and upon payment of
24 the fee prescribed in this section, apply for a duplicate license
25 which expires on the same date as the license which was lost,
26 destroyed, mutilated, or became illegible. The fee for a
27 duplicate chauffeur's
license shall be $12.00 $18.00. The fee
Senate Bill No. 554 (H-7) as amended July 16, 2003
1 for a duplicate
operator's license shall be $6.00 $9.00. In
2 the case of a person issued a 2-year license under section 314b,
3 the secretary of state may determine whether the license shall be
4 renewed for 2 years or 4 years. A renewal fee shall not be
5 charged for a change of address or a correction required to
6 correct a department error.
7 Sec. 819a. (1) The traffic law enforcement and safety fund
8 is created within the state treasury.
9 (2) The state treasurer may receive money or other assets
10 from any source for deposit into the fund. The state treasurer
11 shall direct the investment of the fund. The state treasurer
12 shall credit to the fund interest and earnings from fund
13 investments.
14 (3) Money in the fund at the close of the fiscal year shall
15 remain in the fund and shall not lapse to the general fund.
[(4) Beginning October 1, 2004, of the funds deposited to the fund as described in subsection (2), $1,800,000.00 shall annually be transferred to the trooper recruit school fund created under section 819b.]
16 [(5) Except as otherwise provided in subsection (4), the] department of state police shall expend money from
17 the fund, upon appropriation, only for 1 or more of the following
18 purposes:
19 (a) To enhance enforcement of traffic laws.
20 (b) To enhance the ability to provide safety on the streets
21 and highways of this state.
[Sec. 819b. (1) The trooper recruit school fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in an amount of not more than $5,000,000.00 in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. Any amount greater than $5,000,000.00 at the close of the fiscal year shall be credited to the traffic law enforcement and safety fund created under section 819a.
(4) The department of state police shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:
(a) Conduct a trooper recruit school to recruit and train new troopers.
(b) Conduct retraining schools for new troopers during the trooper probationary period.]
22 Enacting section 1. Sections 801d, 817, 818, and 820 of the
23 Michigan vehicle code, 1949 PA 300, MCL 257.801d, 257.817,
24 257.818, and 257.820, are repealed.
25 Enacting section 2. Sections 312e, 312h, 807, and 811 of
26 the Michigan vehicle code, 1949 PA 300, MCL 257.312e, 257.312h,
27 257.807, and 257.811, are repealed effective October 1, 2009.
1 Enacting section 3. This amendatory act takes effect
2 October 1, 2003.
3 Enacting section 4. This amendatory act does not take
4 effect unless Senate Bill No. 539 of the 92nd Legislature is
5 enacted into law.