HB-5200, As Passed House, October 5, 2005
September 21, 2005, Introduced by Rep. LaJoy and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 219, 233, 235a, and 811d (MCL 257.219,
257.233, 257.235a, and 257.811d), sections 219 and 233 as amended
by 1999 PA 267, section 235a as amended by 1987 PA 238, and section
811d as added by 2000 PA 77.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219. (1) The secretary of state shall refuse issuance of
a registration or a transfer of registration upon any of the
following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the registration of the
vehicle under this act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle, or that the
granting of registration would constitute a fraud against the
rightful owner or other person having a valid lien upon the
vehicle.
(c) The registration of the vehicle is suspended or revoked
for any reason provided in the motor vehicle laws of this state.
(d) The
At the time of the
application, the operator's or
chauffeur's license of the owner or co-owner or lessee or co-lessee
is suspended, revoked, or denied or the operator has never been
licensed
by this state at the time of the application for a
third
or
subsequent violation of section 625 or 625m, or a
local
ordinance substantially corresponding to section 625 or 625m, or a
law of another state substantially corresponding to section 625 or
625m, or for a fourth or subsequent suspension or revocation under
section
904. This subdivision takes effect June 1, 2000.
(e) The required fee has not been paid.
(f) The applicant, at the time of applying for registration or
a transfer of registration other than a temporary registration
issued pursuant
to under section 226b, fails to present a
certificate of compliance or waiver for a motor vehicle as required
under either part 63 or part 65 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.6301 to 324.6321
and 324.6501 to 324.6539.
(g) The application for registration of a vehicle with an
elected gross weight of 55,000 pounds or more is not accompanied
with proof of payment of the federal highway use tax levied
pursuant
to under the surface transportation assistance act of
1982,
Public Law 97-424. , 96 Stat. 2097.
(2) The secretary of state shall refuse issuance of a
certificate of title or a salvage certificate of title upon any of
the following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the issuance of a
certificate of title or salvage certificate of title under this
act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle or that the
issuance of a certificate of title or a salvage certificate of
title would constitute a fraud against the rightful owner or other
person having a valid security interest upon the vehicle.
(c) The required fee has not been paid.
(3) The secretary of state shall not issue a registration for
a vehicle for which a temporary registration plate was issued under
section 904c until the violation resulting in the issuance of the
plate is adjudicated or the vehicle is transferred to a person who
is subject to payment of a use tax under section 3 of the use tax
act, 1937 PA 94, MCL 205.93.
Sec. 233. (1) If the owner of a registered vehicle transfers
or assigns the title or interest in the vehicle, the registration
plates issued for the vehicle shall be removed and transferred to
the owner's spouse, mother, father, sister, brother, or child to
whom title or interest in the vehicle is transferred, or retained
and preserved by the owner for transfer to another vehicle upon
application and payment of the required fees. A person shall not
transfer the plates to a vehicle without applying for a proper
certificate of registration describing the vehicle to which the
plates are being transferred except as provided in section 217(4).
If the owner of a registered vehicle acquires another vehicle
without transferring or assigning the title or interest in the
vehicle for which the plates were issued, the owner may have the
plates transferred to the subsequently acquired vehicle upon
application and payment of the required fees.
(2) A person shall not purchase or lease another vehicle or an
interest in another vehicle with the intent to circumvent the
restrictions created by immobilization of a vehicle under this act.
(3) A person shall not transfer or attempt to transfer
ownership or right of possession of a vehicle subject to forfeiture
or ordered forfeited under this act with the intent to avoid the
forfeiture of that vehicle.
(4) During the time a vehicle is subject to a temporary
registration plate, vehicle forfeiture, immobilization,
registration denial, or the period from adjudication to
immobilization or forfeiture under this act, a person shall not
without a court order transfer or assign the title or an interest
in the vehicle to a person who is not subject to payment of a use
tax under section 3 of the use tax act, 1937 PA 94, MCL 205.93.
(5) A person who violates subsection (2), (3), or (4) 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.
(6) A person whose operator's or chauffeur's license is
suspended, revoked, or denied for, or who has never been licensed
by this state and was convicted for, a third or subsequent
violation
of section 625 or 625m, or of
a local ordinance
substantially corresponding to section 625 or 625m, or of a law of
another state substantially corresponding to section 625 or 625m,
or for a fourth or subsequent suspension or revocation under
section 904 shall not purchase, lease, or otherwise acquire a motor
vehicle during the suspension, revocation, or denial period. A
person who violates this subsection is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not
more than $100.00, or both. This subsection takes effect June
1,
2000.
(7) If the assigned holder of registration plates applies for
a new registration certificate, the application shall be
accompanied either by the old registration certificate or by a
certificate of title showing the person to be the assigned holder
of the registration plates for which the old registration
certificate had been issued. A person who fails or neglects to
fulfill the requirements of this subsection is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $100.00, or both.
(8)
The owner shall indorse on the back of the certificate
of title as required by the secretary of state an assignment of the
title with warranty of title in the form printed on the certificate
with a statement of all security interests in the vehicle or in
accessories on the vehicle and deliver or cause the certificate to
be mailed or delivered to the purchaser or transferee at the time
of the delivery to the purchaser or transferee of the vehicle. The
certificate shall show the payment or satisfaction of any security
interest as shown on the original title.
(9) Upon the delivery of a motor vehicle and the transfer,
sale, or assignment of the title or interest in a motor vehicle by
a person, including a dealer, the effective date of the transfer of
title or interest in the vehicle shall be the date of execution of
either the application for title or the assignment of the
certificate of title.
Sec. 235a. Notwithstanding any other provision of this act or
of Act
No. 94 of the Public Acts of 1937, as amended, being
sections
205.91 to 205.111 of the Michigan Compiled Laws the use
tax act, 1937 PA 94, MCL 205.91 to 205.111, a licensed dealer or
junk dealer who purchases a vehicle for the purpose of destroying
or
junking the vehicle may accept a certificate of title which
that has been assigned to the transferor by a properly indorsed
assignment
on the back of the certificate of title as required by
the secretary of state. The dealer shall write the word "junk" on
the face of the certificate of title above the signature of the
dealer or an authorized agent of the dealer and forward the
certificate to the secretary of state, together with a fee of $5.00
instead
of a fee or tax otherwise applicable. This section shall
does not apply to a transfer unless the fee and certificate of
title are received by the secretary of state within 10 days after
the date of the vehicle's purchase by the dealer. A certificate of
title shall not again be issued for the vehicle.
Sec. 811d. A fund-raising registration plate series shall
contain all of the following as prescribed or approved by the
secretary of state:
(a) The same generic background.
(b)
Letters and numbers. , except a personalized fund-raising
registration
plate shall contain not more than 5 letter or number
characters.
(c) The word "Michigan" and any other unique identifier
specified by the secretary of state.
(d) A design or logo.