SENATE BILL No. 967

 

 

January 19, 2006, Introduced by Senators KUIPERS and McMANUS and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 80124 (MCL 324.80124), as added by 1995 PA

 

58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 80124. (1) Except as otherwise provided in this

 

 2  section, the owner of a vessel required to be numbered and to

 

 3  display a decal shall file an application for a certificate of

 

 4  number with the secretary of state. The secretary of state shall

 

 5  prescribe and furnish certificate of title application forms. If

 

 6  a vessel requiring a certificate of title under part 803 is sold

 

 7  by a dealer, that dealer shall combine the application for a

 

 8  certificate of number that is signed by the vessel owner with the

 


 1  application for a certificate of title. The dealer shall obtain

 

 2  the certificate of number in the name of the owner. The owner of

 

 3  the vessel shall sign the application. A person shall not file an

 

 4  application for a certificate of number that contains false

 

 5  information. A dealer who fails to submit an application as

 

 6  required by this section is guilty of a misdemeanor, punishable

 

 7  by imprisonment for not more than 90 days, or a fine of not more

 

 8  than $100.00, or both.

 

 9        (2) A dealer who submits an application for a certificate of

 

10  number as provided in subsection (1) may issue to the owner of

 

11  the vessel a 15-day temporary permit, on forms prescribed by the

 

12  secretary of state, for the use of the vessel  while  pending

 

13  issuance of the certificate of number.  is being issued.

 

14        (3) A dealer may issue a 15-day permit, on a form prescribed

 

15  by the secretary of state, for the use of a vessel purchased in

 

16  this state and delivered to the purchaser for removal to a place

 

17  outside of this state, if the purchaser certifies by his or her

 

18  signature that the vessel will be registered and primarily used

 

19  and stored outside of this state and will not be returned to this

 

20  state by the purchaser for use or storage. A certificate of

 

21  number shall not be issued for a vessel  holding a permit  for

 

22  which a permit has been issued under this subsection.

 

23        (4) A 15-day temporary permit issued under subsection (2) or

 

24  (3) shall not be renewed or extended.

 

25        (5) A person shall operate or permit the operation of a

 

26  vessel for which a 15-day temporary permit has been issued under

 

27  this section only if the temporary permit is valid and displayed

 


 1  on the vessel as prescribed by rule promulgated by the department

 

 2  under this part.

 

 3        (6) Except as otherwise provided in this section and section

 

 4  80123, an applicant shall pay the following applicable fee at the

 

 5  time of application:

 

 

 

 

     (a) A 15-day temporary permit issued        

under subsection (3).........................   $ 10.00

     (b) Nonpowered vessels, other than          

nonmotorized canoes or kayaks  , except as       

10 provided in section 80123....................     9.00

11      (c) Nonmotorized canoes or kayaks           

12 except as provided in section 80123..........     5.00

13      (d) Motorboats less than 12 feet in         

14 length.......................................     14.00

15      (e) Motorboats 12 feet or over but less     

16 than 16 feet in length.......................     17.00

17      (f) Motorboats 16 feet or over but less     

18 than 21 feet in length.......................     42.00

19      (g) Motorboats 21 feet or over but less     

20 than 28 feet in length.......................     115.00

21      (h) Motorboats 28 feet or over but less     

22 than 35 feet in length.......................     168.00

23      (i) Motorboats 35 feet or over but less     

24 than 42 feet in length.......................     244.00

25      (j) Motorboats 42 feet or over but less     

26 than 50 feet in length.......................     280.00

27      (k) Motorboats 50 feet in length or         

28 over.........................................     448.00

29      (l) Pontoon vessels regardless of size..      23.00


     (m) Motorized canoes regardless of size.     14.00

     (n) Vessels licensed under part 473.....     15.00

     (o) Vessels carrying passengers for hire    

that are in compliance with part 445, or         

under federal law; and vessels carrying          

passengers and freight or freight only and       

owned within this state or hailing from a        

port within this state.......................     45.00

 

 

 

 

 9        (7) The length of a vessel is the distance from end to end

 

10  over the deck, excluding the longitudinal upward or downward

 

11  curve of the deck, fore and aft. A pontoon boat shall be measured

 

12  by the length of its deck, fore and aft.

 

13        (8) Payment of the fee specified in this section exempts the

 

14  vessel from the tax imposed by the general property tax act,  Act

 

15  No. 206 of the Public Acts of 1893, being sections 211.1 to

 

16  211.157 of the Michigan Compiled Laws  1893 PA 206, MCL 211.1 to

 

17  211.157.

 

18        (9) Upon receipt of an initial application for a certificate

 

19  of number in approved form and payment of the required fee, the

 

20  secretary of state shall enter the information upon the official

 

21  records and issue to the applicant a certificate of number

 

22  containing the number awarded to the vessel, the name and address

 

23  of the owner, and other information that the secretary of state

 

24  determines necessary. The secretary of state shall issue a

 

25  certificate of number that is pocket size and legible. Except as

 

26  provided in subsection (13), a person operating a vessel shall

 


 1  present that vessel's certificate of number to a peace officer

 

 2  upon the peace officer's request.

 

 3        (10) If a check or draft payable to the secretary of state

 

 4  under this part is not paid on its first presentation, the fee or

 

 5  tax is delinquent as of the date the draft or check was tendered.

 

 6  The person tendering the check or draft remains liable for the

 

 7  payment of each fee or tax and a penalty.

 

 8        (11) Upon determining that a fee or tax required by this

 

 9  part has not been paid and remains unpaid after reasonable notice

 

10  and demand, the secretary of state may suspend a certificate of

 

11  number.

 

12        (12) If a person who tenders a check or draft described in

 

13  subsection (10) fails to pay a fee or tax within 15 days after

 

14  the secretary of state gives him or her notice that the check or

 

15  draft described in subsection (10) was not paid on its first

 

16  presentation, the secretary of state shall assess and collect a

 

17  penalty of $5.00 or 20% of the amount of the check or draft,

 

18  whichever is larger, in addition to the fee or tax.

 

19        (13) The owner or authorized agent of the owner of a vessel

 

20  less than 26 feet in length that is leased or rented to a person

 

21  for noncommercial use for not more than 24 hours may retain, at

 

22  the place from which the vessel departs or returns to the

 

23  possession of the owner or the owner's representative, the

 

24  certificate of number for that vessel if a copy of the lease or

 

25  rental agreement is on the vessel. Upon the demand of a peace

 

26  officer, the operator shall produce for inspection either the

 

27  certificate of number or a copy of the lease or rental agreement

 


 1  for that vessel. The lease or rental agreement shall contain each

 

 2  of the following:

 

 3        (a) The vessel number that appears on the certificate of

 

 4  number.

 

 5        (b) The period of time for which the vessel is leased or

 

 6  rented.

 

 7        (c) The signature of the vessel's owner or that person's

 

 8  authorized agent.

 

 9        (d) The signature of the person leasing or renting the

 

10  vessel.

 

11        (14) Upon receipt of a certificate of number for a vessel,

 

12  the owner of that vessel shall paint on or attach in a permanent

 

13  manner to each side of the forward half of the vessel the number

 

14  identified in the certificate of number, in the manner prescribed

 

15  by rules promulgated by the department. The secretary of state

 

16  shall assign to the owner of vessels for rent or lease a block of

 

17  numbers sufficient to number consecutively all of that owner's

 

18  rental or lease vessels. The owner shall maintain the numbers in

 

19  a legible condition. A vessel documented by the United States

 

20  coast guard or a federal agency that is the successor to the

 

21  United States coast guard is not required to display numbers

 

22  under this part but shall display a decal indicating payment of

 

23  the fee prescribed in subsection (6), and shall otherwise be in

 

24  compliance with this part. This subsection does not apply to a

 

25  nonpowered vessel 12 feet or less in length.

 

26        (15) Upon receipt of an application for a certificate of

 

27  number in an approved form and payment of the fee required by

 


 1  this part, the secretary of state shall issue a decal that is

 

 2  color-coded and dated to identify the year of its expiration, and

 

 3  that indicates that the vessel is numbered in compliance with

 

 4  this part. The department shall promulgate a rule or rules to

 

 5  establish the manner in which the decal is to be displayed.

 

 6        (16) A decal is valid for a 3-year period that begins on

 

 7  April 1 and expires on March 31 of the third year. An original

 

 8  certificate of number may be issued up to 90 days prior to April

 

 9  1. A numbering renewal decal or other renewal device may be

 

10  issued up to 90 days prior to the expiration of a certificate.

 

11        (17) Upon receipt of a request for renewal of a decal and

 

12  payment of the fee prescribed in subsection (6), the secretary of

 

13  state shall issue to the applicant a decal as provided in

 

14  subsection (15).

 

15        (18) The numbering system adopted pursuant to this part

 

16  shall be in accordance with the standard system of numbering

 

17  established by the secretary of the department in which the

 

18  United States coast guard operates.

 

19        (19) An agency of this state, a political subdivision of

 

20  this state, or a state-supported college or university of this

 

21  state that owns a vessel that is required to be numbered under

 

22  this part shall register that vessel and upon payment of either

 

23  of the following shall receive from the secretary of state a

 

24  certificate of number for that vessel:

 

25        (a) A fee of $3.00 for a vessel that is not used for

 

26  recreational, commercial, or rental purposes.

 

27        (b) The fee required under subsection (6) for a vessel that

 


 1  is used for recreational, commercial, or rental purposes.

 

 2        (20) The secretary of state shall, upon receipt of payment

 

 3  of the fee required under subsection (19), issue a certificate of

 

 4  number for each vessel subject to subsection (19).

 

 5        (21) A vessel that is 30 years of age or older and not used

 

 6  other than in club activities, exhibitions, tours, parades, and

 

 7  other similar activities is a historic vessel. The secretary of

 

 8  state shall make available to the public application forms for

 

 9  certificates of number for historic vessels and, upon receipt of

 

10  a completed application form and fee, shall number a historic

 

11  vessel as a historic vessel. The fee for the numbering of a

 

12  historic vessel is 1/3 of the otherwise applicable fee specified

 

13  in subsection (6).

 

14        (22) Upon application to the secretary of state, the owner

 

15  of a nonmotorized canoe or kayak who registered that vessel under

 

16  former Act No. 303 of the Public Acts of 1967 between January 1,

 

17  1989 and April 17, 1990 shall receive a refund of a portion of

 

18  the registration fee equal to the difference in the amount that

 

19  owner paid and the fee amount provided in subsection (6)(c).

 

20        (22)  (23)  The secretary of state shall refund to the owner

 

21  of a vessel registered under this part  or former Act No. 303 of

 

22  the Public Acts of 1967  all of the registration fee paid for

 

23  that vessel pursuant to this section  or section 33 of former Act

 

24  No. 303 of the Public Acts of 1967  if all of the following

 

25  conditions are met during the period for which the registration

 

26  fee was paid:

 

27        (a) The owner transfers or assigns title or interest in the

 


 1  registered vessel before placing the decal issued under

 

 2  subsection (15) on the vessel.

 

 3        (b) The owner surrenders the unused decal to the secretary

 

 4  of state within 30 days after the date of transfer or assignment.

 

 5        (23)  (24)  The secretary of state shall refund to the

 

 6  surviving spouse of a deceased vessel owner the registration fee

 

 7  paid pursuant to this part, prorated on a monthly basis, upon

 

 8  receipt of the decal issued under subsection (15) or evidence

 

 9  satisfactory to the secretary of state that the decal issued

 

10  under subsection (15) has been destroyed or voided.

 

11        (24) The secretary of state shall issue a replacement for a

 

12  decal under subsection (15) upon receipt of evidence satisfactory

 

13  to the secretary of state that the original decal has been

 

14  destroyed or is lost or illegible and that the person seeking the

 

15  replacement decal is the person to whom the original decal was

 

16  issued or his or her successor in interest in the vessel for

 

17  which the original decal was issued.

 

18        (25) If the secretary of state computes a fee under this

 

19  part that results in a figure other than a whole dollar amount,

 

20  the secretary of state shall round the figure to the nearest

 

21  whole dollar.