SENATE BILL No. 967

 

 

June 2, 2014, Introduced by Senators HILDENBRAND, HUNE, EMMONS and MOOLENAAR and referred to the Committee on Veterans, Military Affairs and Homeland Security.

 

 

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 80124 (MCL 324.80124), as amended by 2012 PA

 

294.

 

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, pursuant to sections

 

 3  80122 and 80123, to be numbered and to display a decal shall file

 

 4  an application for a certificate of number with the secretary of

 

 5  state. The secretary of state shall prescribe and furnish

 

 6  certificate of number and certificate of title application forms.

 

 7  If a vessel requiring a certificate of title under part 803 is

 

 8  sold by a dealer, that dealer shall combine the application for a

 

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

 

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

 


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

 

 2  application for a certificate of number shall include a

 

 3  certification. The owner of the vessel shall sign the application

 

 4  or, if the application is filed electronically, provide

 

 5  information requested by the secretary of state to verify the

 

 6  owner's identity. A person shall not file an application for a

 

 7  certificate of number that contains false information. A dealer

 

 8  who fails to submit an application as required by this section is

 

 9  guilty of a misdemeanor, punishable by imprisonment for not more

 

10  than 90 days, or a fine of not more than $100.00, or both.

 

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

 

12  number as provided in under subsection (1) may issue to the owner

 

13  of the vessel a 15-day permit, on forms prescribed by the

 

14  secretary of state, for the use of the vessel while the

 

15  certificate of number is being issued.

 

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

 

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

 

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

 

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

 

20  signature that the vessel will be registered and primarily used

 

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

 

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

 

23  number shall not be issued for a vessel holding for which a

 

24  permit under this subsection is in effect.

 

25        (4) A 15-day permit issued under subsection (2) or (3) shall

 

26  not be renewed or extended.

 

27        (5) A person shall operate or permit allow the operation of

 


 1  a vessel for which a 15-day permit has been issued under this

 

 2  section subsection (2) or (3) only if the permit is valid and

 

 3  displayed on the vessel as prescribed by rule promulgated by the

 

 4  department under this part.

 

 5        (6) Except as otherwise provided in this section, an

 

 6  applicant shall pay the following fee at the time of application

 

 7  for a certificate of number under subsection (1) or for renewal

 

 8  of a decal under subsection (17) shall be accompanied by payment

 

 9  of the following applicable fee:

 

 

10

     (a) A 15-day permit issued under subsection (3).. $    10.00

11

     (b) Nonpowered vessels, other than nonmotorized

12

canoes or kayaks.......................................      9.00

13

     (c) Nonmotorized canoes or kayaks.................      5.00

14

     (d) Motorboats less than 12 feet in length........     14.00

15

     (e) Motorboats 12 feet or over but less than

16

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

17

     (f) Motorboats 16 feet or over but less than

18

21 feet in length......................................     42.00

19

     (g) Motorboats 21 feet or over but less than

20

28 feet in length......................................    115.00

21

     (h) Motorboats 28 feet or over but less than

22

35 feet in length......................................    168.00

23

     (i) Motorboats 35 feet or over but less than

24

42 feet in length......................................    244.00

25

     (j) Motorboats 42 feet or over but less than

26

50 feet in length......................................    280.00

27

     (k) Motorboats 50 feet in length or over..........    448.00

28

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

29

     (m) Motorized canoes regardless of size...........     14.00


1

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

2

     (o) Vessels carrying passengers for hire that

3

are in compliance with part 445, or under federal law;

4

and vessels carrying passengers and freight or freight

5

only and owned within this state or hailing from a

6

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

 

 

 7        (7) As used in this section, "the "feet in length" of a

 

 8  vessel " means refers to the distance from end to end over the

 

 9  deck, excluding the longitudinal upward or downward curve of the

 

10  deck, fore and aft. For a pontoon boat, feet in length of a

 

11  vessel means the length of its deck, fore and aft.

 

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

 

13  vessel from the tax imposed under the general property tax act,

 

14  1893 PA 206, MCL 211.1 to 211.155.

 

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

 

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

 

17  secretary of state shall enter the information upon the official

 

18  records and issue to the applicant a certificate of number

 

19  containing the number awarded assigned to the vessel, the name

 

20  and address of the owner, and other information that the

 

21  secretary of state determines necessary. The secretary of state

 

22  shall issue a certificate of number that is pocket size and

 

23  legible. Except as provided in subsection (13), a person

 

24  operating a vessel shall present that vessel's certificate of

 

25  number to a peace officer upon the peace officer's request.

 

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

 

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


 

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

 

 2  The person tendering the check or draft remains is liable for the

 

 3  payment of the fee or tax and a penalty.

 

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

 

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

 

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

 

 7  number.

 

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

 

 9  subsection (10) fails to pay the fee or tax for which the check

 

10  or draft was tendered within 15 days after the secretary of state

 

11  gives him or her notice that the check or draft described in

 

12  subsection (10) was not paid on its first presentation, the

 

13  secretary of state shall assess and collect a penalty of $5.00 or

 

14  20% of the check or draft, whichever is larger, in addition to

 

15  the fee or tax.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23  officer, the operator shall produce for inspection either the

 

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

 

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

 

26  of the following:

 

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


 

 1  number.

 

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

 

 3  rented.

 

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

 

 5  authorized agent.

 

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

 

 7  vessel.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18  United States coast guard is not required to display numbers

 

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

 

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

 

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

 

22  nonpowered vessel 12 feet or less in length.

 

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

 

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

 

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

 

26  indicates that the vessel is numbered in compliance with this

 

27  part. The decal shall be color-coded and dated to identify the


 

 1  year of its expiration. The department shall promulgate a rule or

 

 2  rules to establish prescribe by rule the manner in which the

 

 3  decal is to be displayed. A person who operates a vessel in

 

 4  violation of a rule promulgated to implement this subsection is

 

 5  responsible for a state civil infraction and may be ordered to

 

 6  pay a civil fine of not more than $500.00.

 

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

 

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

 

 9  certificate of number may be issued up to 90 days before April 1.

 

10  A numbering renewal decal or other renewal device may be issued

 

11  up to 90 days before the expiration of a certificate.

 

12        (17) Upon receipt of a request an application for renewal of

 

13  a decal and payment of the fee prescribed in subsection (6), the

 

14  secretary of state shall issue to the applicant a decal as

 

15  provided in subsection (15). A person who operates a vessel for

 

16  which no decal was issued as required under a decal required by

 

17  this section has not been issued or for which a the most recent

 

18  decal has expired is responsible for a state civil infraction and

 

19  may be ordered to pay a civil fine of not more than $500.00.

 

20        (18) The numbering system adopted under this part shall be

 

21  in accordance comply with the standard system of numbering

 

22  established by the secretary of the department in which the

 

23  United States coast guard operates.

 

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

 

25  this state, or a state supported college or university of this

 

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

 

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


 

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

 

 2  certificate of number for that vessel:

 

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

 

 4  recreational, commercial, or rental purposes.

 

 5        (b) The fee required under specified in subsection (6) for a

 

 6  vessel that is used for recreational, commercial, or rental

 

 7  purposes.

 

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

 

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

 

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

 

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

 

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

 

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

 

14  state shall make available to the public application forms for

 

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

 

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

 

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

 

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

 

19  in subsection (6).

 

20        (22) An individual who applies for a certificate of number

 

21  under subsection (1) or renewal of a decal under subsection (17)

 

22  is exempt from the fee specified in subsection (6) if the

 

23  application is accompanied by proof that the applicant was

 

24  honorably discharged from the armed services and that any of the

 

25  following apply:

 

26        (a) The applicant has been determined by the veterans'

 

27  administration of the federal government to have a service-


 

 1  connected total or permanent total disability rating for

 

 2  compensation.

 

 3        (b) The applicant has been determined to have a service-

 

 4  connected total or permanent total disability rating and is

 

 5  receiving disability retirement pay from a branch of the armed

 

 6  services.     

 

 7        (23) (22) The secretary of state shall refund to the owner

 

 8  of a vessel registered under this part all of the registration

 

 9  fee paid for that vessel under this section if all of the

 

10  following conditions are met during the period for which the

 

11  registration fee was paid:

 

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

 

13  registered vessel before placing the decal issued under

 

14  subsection (15) on the vessel.

 

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

 

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

 

17        (24) (23) The secretary of state shall refund to the

 

18  surviving spouse of a deceased vessel owner the registration fee

 

19  paid under this part, prorated on a monthly basis, upon receipt

 

20  of the decal issued under subsection (15) or evidence

 

21  satisfactory to the secretary of state that the decal issued

 

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

 

23        (25) (24) If the secretary of state computes a fee under

 

24  this part that results in a figure other than a whole dollar

 

25  amount, the secretary of state shall round the figure to the

 

26  nearest whole dollar.