HB-4920, As Passed House, October 5, 2005
(As amended September 29, 2005)
June 14, 2005, Introduced by Reps. Farhat, Palsrok, Casperson, Emmons, Nitz, Proos, Pavlov, Shaffer, Baxter, Booher, Hansen, Amos and Taub and referred to the Committee on Transportation.
[A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80124a, 80307, 80309, 81112, and 82105 (MCL
324.80124a, 324.80307, 324.80309, 324.81112, and 324.82105), section
80124a as added by 2003 PA 293, sections 80307, 80309, and 81112
as added by 1995 PA 58, and section 82105 as amended by 1998 PA 297.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
[Sec. 80124a. (1) Subject to subsection (4), the secretary of state shall make available for purchase an annual Great Lakes protection specialty watercraft decal. The Great Lakes protection specialty watercraft decal shall be designed by the secretary of state and shall depict some aspect of the Great Lakes or of Great Lakes water quality.
(2) The Great Lakes protection specialty watercraft decal shall be sold for $35.00. Revenues from the sale of Great Lakes specialty watercraft decals shall be expended as provided for in section 80124b.
(3) The secretary of state may establish the appropriate placement of Great Lakes protection specialty watercraft decals on watercraft so as not to create confusion for law enforcement officers with decals required under section 80124.
(4) The secretary of state shall discontinue sales of Great Lakes protection specialty watercraft decals under subsection (1) if the
House Bill No. 4920 as amended September 29, 2005 (2 of 2)
secretary of state is unable to sell at least 2,000 decals
in the fiscal
year 2-year period ending September 30, 2005 2006 and at least 500 decals in each fiscal year thereafter.]
Sec. 80307. (1) Application for a certificate of title for a
watercraft shall be made upon a form prescribed by the secretary of
state. The application shall be filed with the secretary of state
within 15 days after the date of purchase or transfer. At the
request of the applicant, an application shall be processed on an
expedited basis. The application shall be accompanied by the fee or
fees prescribed in section 80311, and if a certificate of title was
previously issued for the watercraft, it shall be accompanied by
the certificate of title duly assigned, unless otherwise provided
in this part. Unless otherwise provided in this part, if a
certificate of title was not previously issued for the watercraft
in this state, the application shall be accompanied by a
manufacturer's or importer's certificate, by a certificate of
ownership,
or a certificate of registration number issued under
part
801 or former Act No. 303 of the Public Acts of 1967 PA 303,
if purchased by the applicant on or before July 1, 1976, or by a
certificate of title, bill of sale, or other evidence of ownership
required by the law of another state from which the watercraft is
brought into this state. Evidence of ownership of a watercraft for
which a Michigan certificate of title was not previously issued,
and which does not have permanently affixed to it a hull
identification number, shall be accompanied by the certificate of
hull identification number assigned by the secretary of state as
provided in section 80308. The secretary of state shall retain the
evidence of title presented by the applicant and upon which the
certificate of title is issued, and shall use reasonable diligence
in ascertaining whether the facts in the application are true by
checking the application and documents accompanying the application
with the records of watercraft in the secretary of state's office.
If satisfied that the applicant is the owner of the watercraft and
that the application is in the proper form, the secretary of state
shall issue a certificate of title.
(2) If the secretary of state is not satisfied as to the
ownership of a watercraft having a value of more than $2,500.00,
before registering the watercraft and issuing a certificate of
title, the secretary of state may require the applicant to file a
properly executed surety bond in a form prescribed by the secretary
of state and executed by the applicant and a company authorized to
conduct a surety business in this state. The bond shall be in an
amount equal to twice the value of the watercraft as determined by
the secretary of state and shall be conditioned to indemnify or
reimburse the secretary of state, any prior owner, and any
subsequent purchaser and their successors in interest against any
expense, loss, or damage, including reasonable attorney fees,
incurred as a result of the issuance of a certificate of title for
the watercraft or any defect in the right, title, or interest of
the applicant in the watercraft. An interested person has a right
of action to recover on the bond for a breach of the conditions of
the bond, but the aggregate liability of the surety to all persons
shall not exceed the amount of the bond. The bond shall be returned
at the end of 3 years, or before 3 years if the watercraft is no
longer registered in this state and the currently valid certificate
of title is surrendered to the secretary of state, unless the
secretary of state has received notification of the pendency of an
action to recover on the bond. If the secretary of state is not
satisfied as to the ownership of a watercraft that is worth
$2,500.00 or less, the secretary of state shall require the
applicant to certify that the applicant is the owner of the
watercraft and entitled to register and title the watercraft.
(3) (2)
When a watercraft is sold by a dealer to a general
purchaser or user, the certificate of title shall be obtained in
the name of the purchaser by the dealer upon application signed by
the purchaser. In other cases, the certificate shall be obtained by
the purchaser.
Sec. 80309. The secretary of state shall issue a certificate
of title containing the information required in the application for
a certificate of title, as prescribed by section 80308, except for
the name and address of the previous owner. The certificate of
title shall also contain space for the notation and cancellation of
a lien, mortgage, or encumbrance. An assignment of certificate of
title
shall appear on the reverse side of the certificate of
title in the form to be prescribed by the secretary of state. The
assignment form shall include a warranty that the signer is the
owner of the watercraft and that a mortgage, lien, or encumbrance
is not on the watercraft, except as noted on the face of the
certificate of title.
Sec. 81112. (1) An ORV certificate of title shall be
manufactured
in a manner to prohibit prevent as nearly as
possible
the ability to reproduce, alter, counterfeit, forge, or
duplicate
reproduction, alteration,
counterfeiting, forging, or
duplication
of the certificate without ready
detection. and An
ORV certificate of title shall contain on its face the information
set forth in the application, including a notation of all secured
interests in the ORV, the date on which the application was filed,
and other information required by the department of state.
(2) The department of state shall prescribe a uniform method
of numbering ORV certificates of title.
(3)
An ORV certificate of title shall contain , upon its
reverse
side, a form for assignment and warranty of title by the
owner with space for the notation of a security interest in the
ORV.
The reverse side of the ORV
certificate of title may also
contain other forms that the department of state considers
necessary to facilitate the effective administration of this part.
The certificate shall bear the coat of arms of this state.
(4) A person who intentionally reproduces, alters,
counterfeits, forges, or duplicates an ORV certificate of title or
who uses a reproduced, altered, counterfeited, forged, or
duplicated ORV certificate of title is subject to the following
penalties:
(a) If the intent of reproduction, alteration, counterfeiting,
forging, duplication, or use was to commit or aid in the commission
of an offense punishable by imprisonment for 1 or more years, the
person committing the reproduction, alteration, counterfeiting,
forging,
duplication, or use is guilty of a misdemeanor ,
punishable by imprisonment for a period equal to that which could
be imposed for the commission of the offense the person had the
intent
to aid or commit . The court may also assess or a
fine of
not
more than $5,000.00, against the person or both.
(b) If the intent of the reproduction, alteration,
counterfeiting, forging, duplication, or use was to commit or aid
in the commission of an offense punishable by imprisonment for not
more than 1 year, the person committing the reproduction,
alteration, counterfeiting, forging, duplication, or use is guilty
of
a misdemeanor , punishable by imprisonment for not more than 1
year ,
or a fine of not more than $1,000.00, or both.
Sec. 82105. (1) The owner of each snowmobile requiring
registration by this state before operation of the snowmobile in
this state shall file an application for registration with the
department of state on forms provided by the department of state.
If the snowmobile was purchased from a retail dealer in this state,
application for initial registration shall be made with the dealer
at the point of sale. The dealer shall issue a temporary
registration permit in a form received from and approved by the
department of state that is valid for 15 days after the date of
sale. Each retail dealer shall submit applications for
registrations and fees to the department of state not less than
once
each week. The application shall be signed by the owner of
the
snowmobile and shall be accompanied by owner of the snowmobile
shall sign the application and pay a fee of $22.00, which shall be
submitted to the department with the application. Upon receipt of
the application in approved form, the department of state shall
enter the application upon its records and issue to the applicant a
certificate of registration and decal. The certificate of
registration shall contain the number awarded to the snowmobile,
the name and address of the owner, and other information the
department of state considers necessary. The certificate of
registration shall be pocket-size, shall accompany the vehicle,
shall be legible, and shall be made available for inspection upon
demand by a peace officer.
(2) If the secretary of state is not satisfied as to the
ownership of a snowmobile that is worth more than $2,500.00, before
registering the snowmobile and issuing a certificate of
registration, the secretary of state may require the applicant to
file a properly executed surety bond in a form prescribed by the
secretary of state and executed by the applicant and a company
authorized to conduct a surety business in this state. The bond
shall be in an amount equal to twice the value of the snowmobile as
determined by the secretary of state and shall be conditioned to
indemnify or reimburse the secretary of state, any prior owner, and
any subsequent purchaser of the snowmobile and their successors in
interest against any expense, loss, or damage, including reasonable
attorney fees, incurred as a result of the issuance of a
certificate of registration for the snowmobile or any defect in the
right, title, or interest of the applicant in the snowmobile. An
interested person has a right of action to recover on the bond for
a breach of the conditions of the bond, but the aggregate liability
of the surety to all person shall not exceed the amount of the
bond. The bond shall be returned at the end of 3 years, or before 3
years if the snowmobile is no longer registered in this state and
the currently valid certificate of registration is surrendered to
the secretary of state, unless the secretary of state has received
notification of the pendency of an action to recover on the bond.
If the secretary of state is not satisfied as to the ownership of a
snowmobile that is worth $2,500.00 or less, the secretary of state
shall require the applicant to certify that the applicant is the
owner of the snowmobile and entitled to register the snowmobile.
(3) (2)
The owner of a snowmobile at the time application
for
a certificate of registration is made shall pay a fee of
$22.00
and be issued a certificate of registration and a
registration decal. The certificate of registration and
registration decal authorizes the operation of the snowmobile for a
3-year period that begins on October 1 and expires on September 30
of the third year. The certificate of registration and registration
decal may be renewed by payment of a fee of $22.00 beginning July 1
of the expiration year. The registration decal shall be displayed
as prescribed by rule promulgated by the department of state.
(4) (3)
The department of state may destroy a record of a
certificate of registration 5 years after expiration of the
certificate.