HOUSE BILL No. 4698

 

April 28, 2005, Introduced by Reps. Mortimer, Ward, Gaffney, Rocca, Green, Elsenheimer, Moore, Garfield, Amos, Hummel, Farrah, Dillon, Lipsey, Condino, Tobocman, Hunter, Mayes, Donigan, Byrnes, Angerer and Hoogendyk and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 217d, 226, 312a, 314, 675, 803e, 803f, 803i,

 

803j, 803k, 803l, 803n, and 803o (MCL 257.217d, 257.226, 257.312a,

 

257.314, 257.675, 257.803e, 257.803f, 257.803i, 257.803j, 257.803k,

 

257.803l, 257.803n, and 257.803o), section 217d as amended by 2003

 

PA 152, section 226 as amended by 2004 PA 163, section 314 as

 

amended by 2004 PA 362, section 675 as amended by 2004 PA 151,

 

section 803e as amended by 2003 PA 30, sections 803f and 803i as

 

amended by 1998 PA 68, sections 803j, 803k, 803n, and 803o as

 

amended by 1999 PA 183, and section 803l as amended by 2000 PA 77.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 217d. (1) The secretary of state shall design and may

 


issue a special congressional medal of honor registration plate for

 

residents of this state awarded the congressional medal of honor.

 

     (2) A special congressional medal of honor registration plate

 

shall be issued only for 1 vehicle intended for personal use by the

 

applicant.

 

     (3) A person who is a recipient of the congressional medal of

 

honor may apply to the secretary of state for a special

 

registration plate under this section on a form prescribed by the

 

secretary of state, which shall be accompanied by any proof of the

 

applicant having been a congressional medal of honor recipient that

 

the secretary of state may require. The secretary of state shall

 

waive the $5.00 service fee requirement under section 804.

 

     (4) A person who qualifies to be issued a special registration

 

plate under this section is entitled to only 1 special registration

 

plate issued under subsection (1) that is exempt from payment of

 

the tax provided in section 801.

 

     (5) A person with disabilities who applies for a special

 

registration plate under this section shall be issued a tab for

 

persons with disabilities as provided in section 803f for his or

 

her special registration plate. The secretary of state shall

 

require the same proof that the applicant is disabled as is

 

required for issuance of a permanent windshield placard under

 

section 675.

 

     (6) A special registration plate issued under subsection (1)

 

expires on the  birthday  last day of the birth month of the

 

vehicle owner in a year in which new plates are issued by the

 

secretary of state.

 


     (7) The secretary of state shall deliver or cause to be

 

delivered 1 or more special registration plates issued under this

 

section to the home address of the applicant at no additional cost

 

to the applicant.

 

     (8) The secretary of state shall develop and, upon

 

application, may issue a Michigan veterans memorial registration

 

plate to an applicant for use on the passenger motor vehicle,

 

pickup truck, van, motor home, hearse, bus, trailer coach, or

 

trailer for which the registration plate is issued instead of a

 

standard registration plate. Michigan veterans memorial

 

registration plates shall bear letters and numbers that the

 

secretary of state prescribes. The plate shall be of a design as

 

determined by the secretary of state. The word "Michigan" shall

 

appear on each Michigan veterans memorial registration plate.

 

     (9) An application for a Michigan veterans memorial

 

registration plate shall be submitted to the secretary of state

 

pursuant to the procedures prescribed in section 217. Application

 

for an original or renewal Michigan veterans memorial registration

 

plate shall be accompanied with payment of the  regular  vehicle

 

registration tax required under section 801 in addition to the

 

following:

 

     (a) For an original Michigan veterans memorial registration

 

plate, a donation of $25.00 and a service fee of not more than

 

$10.00, as determined by the secretary of state. The $10.00 service

 

fee shall be deposited in the transportation administration

 

collection fund created under section 810b.

 

     (b) For a renewal Michigan veterans memorial registration

 


plate, a donation of $10.00.

 

     (10) A Michigan veterans memorial registration plate shall

 

expire as described in section 226. Upon the issuance or renewal of

 

a Michigan veterans memorial registration plate, the secretary of

 

state may issue a tab or tabs designating the month and year of

 

expiration.

 

     (11) The secretary of state may issue a temporary registration

 

permit to a person who submits an application and the proper

 

payments for a Michigan veterans memorial registration plate if the

 

applicant's current vehicle registration will expire before his or

 

her receipt of a Michigan veterans memorial registration plate. The

 

temporary registration shall expire upon receipt of a Michigan

 

veterans memorial registration plate or 60 days after the issuance

 

of a Michigan veterans memorial registration plate, whichever

 

occurs first. The temporary permit shall be issued without a

 

separate fee.

 

     (12) Michigan veterans memorial registration plate service

 

fees collected under this section by the secretary of state shall

 

be identified and segregated by the secretary of state into a

 

separate account. The secretary of state shall on a quarterly basis

 

transfer all of the donations to the state treasurer who shall

 

credit the donations to the Vietnam veterans memorial monument fund

 

created in section 3 of the Michigan Vietnam veterans memorial act,

 

1988 PA 234, MCL 35.1053. These donations shall be used exclusively

 

for the purposes described in sections 5 and 7 of the Michigan

 

Vietnam veterans memorial act, 1988 PA 234, MCL 35.1055 and

 

35.1057.

 


     (13) For purposes of this section, "Michigan veterans memorial

 

registration plate" means a registration plate containing a

 

specialized design pertaining to Michigan veterans.

 

     Sec. 226. (1) A vehicle registration issued by the secretary

 

of state expires on the last day of the owner's  birthday  birth

 

month, unless another expiration date is provided for under this

 

act or unless the registration is for the following vehicles, in

 

which case registration expires on the last day of February:

 

     (a) A commercial vehicle except for a commercial vehicle

 

issued a registration under the international registration plan or

 

a pickup truck or van owned by an individual.

 

     (b) Except for a trailer or semitrailer issued a registration

 

under the international registration plan, a trailer or semitrailer

 

owned by a business, corporation, or person other than an

 

individual; or a pole trailer.

 

     (2) Until February 1, 2005, the expiration date for a

 

registration issued for a motorcycle is March 31. Beginning

 

February 1, 2005, the expiration date for a registration issued for

 

a motorcycle is the motorcycle owner's birthday.

 

     (3) The expiration date for a registration bearing the letters

 

"SEN" or "REP" is February 1.

 

     (4) In the case of a vehicle owned by a business, corporation,

 

or an owner other than an individual, the secretary of state may

 

assign or reassign the expiration date of the registration.

 

     (5) The secretary of state shall do all of the following:

 

     (a) After the October 1 immediately preceding the year

 

designated on the registration, issue a registration upon

 


application and payment of the proper fee for a commercial vehicle,

 

other than a pickup or van owned by an individual; or a trailer

 

owned by a business, corporation, or person other than an

 

individual.

 

     (b) Beginning 60 days before the expiration date assigned on

 

an international registration plan registration plate, issue a

 

registration under section 801g upon application and payment of the

 

proper apportioned fee for a commercial vehicle engaged in

 

interstate commerce.

 

     (c) Beginning 45 days before the owner's birthday and 120 days

 

before the expiration date assigned by the secretary of state,

 

issue a registration for a vehicle other than those designated in

 

subsection (1)(a) or (b). However, if an owner whose registration

 

period begins 45 days before his or her birthday will be out of the

 

state during the 45 days immediately preceding expiration of a

 

registration or for other good cause shown cannot apply for a

 

renewal registration within the 45-day period, application for a

 

renewal registration may be made not more than 6 months before

 

expiration.

 

     (6) Except as otherwise provided in this subsection, the

 

secretary of state, upon application and payment of the proper fee,

 

shall issue a registration for a vehicle or a motorcycle to a

 

resident that shall expire on the last day of the owner's  birthday

 

birth month. If the owner's next birthday is at least 6 months but

 

not more than 12 months in the future, the owner shall receive a

 

registration valid until the last day of the owner's next  birthday

 

birth month. If the owner's next birthday is less than 6 months in

 


the future, the owner shall receive a registration valid until the

 

last day of the owner's  birthday  birth month following the

 

owner's next  birthday  birth month. The tax required under this

 

act for a registration described in this subsection shall be either

 

of the following:

 

     (a) For an original registration, the tax shall bear the same

 

relationship to the tax required under section 801 for a 12-month

 

registration as the length of the registration bears to 12 months.

 

     (b) For a renewal of a registration, either of the following:

 

     (i) For a registration that is for at least 6 months but not

 

more than 12 months, the same amount as for 12 months.

 

     (ii) For a renewal of a registration that is for more than 12

 

months, 2 times the amount for 12 months.

 

     Partial months shall be considered as whole months in the

 

calculation of the required tax and in the determination of the

 

length of time between the application for a registration and the

 

last day of the owner's next  birthday  birth month. The tax

 

required for that registration shall be rounded off to whole

 

dollars as provided in section 801.

 

     (7) A certificate of title shall remain valid until canceled

 

by the secretary of state for cause or upon a transfer of an

 

interest shown on the certificate of title.

 

     (8) The secretary of state, upon request, shall issue special

 

registration for commercial vehicles, valid for 6 months after the

 

date of issue, if the full registration fee exceeds $50.00, on the

 

payment of 1/2 the full registration fee and a service charge as

 

enumerated in section 802(1).

 


     (9) The secretary of state may issue a special registration

 

for each of the following:

 

     (a) A new vehicle purchased or leased outside of this state

 

and delivered in this state to the purchaser or lessee by the

 

manufacturer of that vehicle for removal to a place outside of this

 

state, if a certification is made that the vehicle will be

 

primarily used, stored, and registered outside of this state and

 

will not be returned to this state by the purchaser or lessee for

 

use or storage.

 

     (b) A vehicle purchased or leased in this state and delivered

 

to the purchaser or lessee by a dealer or by the owner of the

 

vehicle for removal to a place outside of this state, if a

 

certification is made that the vehicle will be primarily used,

 

stored, and registered outside of this state and will not be

 

returned to this state by the purchaser or lessee for use or

 

storage.

 

     (10) A special registration issued under subsection (9) is

 

valid for not more than 14 days after the date of issuance, and a

 

fee shall be collected for each special registration as provided in

 

section 802(3). The special registration may be in the form

 

determined by the secretary of state. If a dealer makes a retail

 

sale or lease of a vehicle to a purchaser or lessee who is

 

qualified and eligible to obtain a special registration, the dealer

 

shall apply for the special registration for the purchaser or

 

lessee. If a person other than a dealer sells or leases a vehicle

 

to a purchaser or lessee who is qualified and eligible to obtain a

 

special registration, the purchaser or lessee shall appear in

 


person, or by a person exercising the purchaser's or lessee's power

 

of attorney, at an office of the secretary of state and furnish a

 

certification that the person is the bona fide purchaser or lessee

 

or that the person has granted the power of attorney, together with

 

other forms required for the issuance of the special registration

 

and provide the secretary of state with proof that the vehicle is

 

covered by a Michigan no-fault insurance policy issued pursuant to

 

section 3101 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3101, or proof that the vehicle is covered by a policy of

 

insurance issued by an insurer pursuant to section 3163 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3163. The

 

certification required in this subsection shall contain all of the

 

following:

 

     (a) The address of the purchaser or lessee.

 

     (b) A statement that the vehicle is purchased or leased for

 

registration outside of this state.

 

     (c) A statement that the vehicle shall be primarily used,

 

stored, and registered outside of this state.

 

     (d) The name of the jurisdiction in which the vehicle is to be

 

registered.

 

     (e) Other information requested by the secretary of state.

 

     (11) Upon request, the secretary of state may issue a

 

registration valid for 6 months after the date of issuance for use

 

on a trailer or semitrailer weighing 1,500 pounds or less and that

 

is used for recreational purposes, upon payment of 1/2 the full

 

registration fee imposed under section 801(1)(l). This subsection

 

does not apply after October 1, 2003.

 


     (12) In the case of a commercial vehicle, trailer, or

 

semitrailer issued a registration under the international

 

registration plan, the secretary of state in mutual agreement with

 

the owner may assign or reassign the expiration date of the

 

registration. However, the expiration date agreed to shall be

 

either March 31, June 30, September 30, or December 31. Renewals

 

expiring on or after September 30, 1993 shall be for a minimum of

 

at least 12 months if there is a change in the established

 

expiration date.

 

     (13) The expiration date for a multiyear registration issued

 

for a leased vehicle shall be the date the lease expires but shall

 

not be for a period longer than 24 months.

 

     Sec. 312a. (1) A person, before operating a motorcycle upon a

 

public street or highway in this state, shall procure a motorcycle

 

indorsement on the operator's or chauffeur's license. The license

 

shall be issued, suspended, revoked, canceled, or renewed in

 

accordance with and governed by this act.

 

     (2) A person, before operating a moped upon a highway shall

 

procure a special restricted license to operate a moped unless the

 

person has a valid operator's or chauffeur's license. A special

 

restricted license to operate a moped may be issued to a person 15

 

years of age or older if the person satisfies the secretary of

 

state that he is competent to operate a moped with safety. The

 

secretary of state shall not require a road test before issuance of

 

a special restricted license to operate a moped.

 

     (3) A special restricted license to operate a moped shall

 

expire on the  birthday  last day of the birth month of the person

 


to whom it is issued in the fourth year following the date of

 

issuance. A license shall not be issued for a period longer than 4

 

years. A person issued a license to operate a moped shall pay $7.50

 

for an original license and $6.00 for a renewal license. The money

 

received and collected under this subsection shall be deposited in

 

the state treasury to the credit of the general fund. The secretary

 

of state shall refund out of the fees collected to each county or

 

municipality, acting as an examining officer, $2.50 for each

 

applicant examined for an original license and $1.00 for a renewal

 

license.

 

     Sec. 314. (1) Except as otherwise provided in this section, an

 

operator's license shall expire on the  birthday  last day of the

 

birth month of the person to whom the license is issued in the

 

fourth year following the date of the issuance of the license

 

unless suspended or revoked before that date.  A license shall not

 

be issued for a period longer than 4 years. A person holding a

 

license at any time within 45 days before the expiration of his or

 

her license may make application for a new license as provided for

 

in this chapter. However, a knowledge test for an original group

 

designation or indorsement may be taken at any time during this

 

period and the results shall be valid for 12 months. However, if

 

the licensee will be out of the state during the 45 days

 

immediately preceding expiration of the license or for other good

 

cause shown cannot apply for a license within the 45-day period,

 

application for a new license may be made not more than 6 months

 

before expiration of the license. This new license when granted

 

shall expire as provided for in this chapter.

 


     (2) The first operator's license issued to a person who at the

 

time of application is less than 20-1/2 years of age shall expire

 

on the last day of the month of the licensee's twenty-first

 

birthday unless suspended or revoked. Until July 1, 2003, the

 

secretary of state shall code the license in a manner which clearly

 

identifies the licensee as being less than 21 years of age.

 

     (3) The first chauffeur's license issued to a person shall

 

expire on the licensee's birthday in the fourth year following the

 

date of issuance unless the license is suspended or revoked before

 

that date.  The chauffeur's license of a person who at the time of

 

application is less than 20-1/2 years of age shall expire on the

 

last day of the month of the licensee's twenty-first birthday

 

unless suspended or revoked. Until July 1, 2003, the secretary of

 

state shall code the license in a manner which clearly identifies

 

the licensee as being less than 21 years of age. A subsequent

 

chauffeur's license shall expire on the  birthday  last day of the

 

birth month of the person to whom the license is issued in the

 

fourth year following the date of issuance of the license unless

 

the license is suspended or revoked before that date.

 

     (4) A person may apply for an extension of his or her driving

 

privileges if he or she is out of state on the date that his or her

 

operator's or chauffeur's license expires. The extension may extend

 

the license for  180 days beyond the expiration date or within 2

 

weeks after the applicant returns to Michigan, whichever occurs

 

first.

 

     (5) A person who will be out of state for more than 90 days

 

beyond the expiration date of his or her operator's license may

 


apply for a  4-year renewal of his or her driving privileges. The

 

applicant for this  renewal shall submit a statement evidencing a

 

vision examination in accordance with the rules promulgated by the

 

secretary of state under section 309.

 

     (6) The secretary of state may check the applicant's driving

 

record through the national driver register and the commercial

 

driver license information system before issuing a renewal under

 

this section.

 

     Sec. 314b. (1) The secretary of state may issue a 2-year

 

license which shall expire on the  birthday  last day of the birth

 

month of the person to whom it is issued when a licensed driver is

 

charged in the 24 months immediately preceding the expiration date

 

of that person's current license with a total of 12 or more points

 

as provided in section 320a, or has his or her license suspended or

 

revoked for a reason other than those provided in section 321a,

 

515, or 801c in the 36 months immediately preceding the expiration

 

date of his or her current license, or was convicted of any 6-point

 

violation as provided in section 320a or a violation of section

 

625(3) or former section 625b in the 36 months immediately

 

preceding the expiration date of his or her current license.

 

     (2) A person issued a 2-year license shall pay the following

 

fees:

 

     Operator's license renewal......................... $ 6.00

 

     Chauffeur's license renewal........................ 10.00

 

     Motorcycle indorsement original....................   6.00

 

     Motorcycle indorsement renewal.....................   5.00

 

     Vehicle group designation.......................... 20.00

 


     Vehicle indorsement ...............................   5.00

 

     (3) Two dollars of each renewal motorcycle indorsement fee

 

shall be placed in a motorcycle safety fund in the state treasury

 

and shall be used only for funding the motorcycle safety education

 

program as provided under sections 312b and 811a.

 

     Sec. 675. (1) Except as otherwise provided in this section and

 

this chapter, a vehicle stopped or parked upon a highway or street

 

shall be stopped or parked with the wheels of the vehicle parallel

 

to the roadway and within 12 inches of any curb existing at the

 

right of the vehicle.

 

     (2) A local authority may by ordinance permit parking of a

 

vehicle on a 1-way roadway with the vehicle's left wheels adjacent

 

to and within 12 inches of any curb existing at the left of the

 

vehicle.

 

     (3) A local authority may by ordinance permit angle parking on

 

a roadway, except that angle parking shall not be permitted on a

 

state trunk line highway.

 

     (4) The state transportation commission with respect to state

 

trunk line highways and the board of county road commissioners with

 

respect to county roads, acting jointly with the director of the

 

department of state police, may place signs prohibiting or

 

restricting the stopping, standing, or parking of vehicles on a

 

highway where in the opinion of the officials as determined by an

 

engineering survey, the stopping, standing, or parking is dangerous

 

to those using the highway or where the stopping, standing, or

 

parking of vehicles would unduly interfere with the free movement

 

of traffic on the highway or street. The signs shall be official

 


signs and a person shall not stop, stand, or park a vehicle in

 

violation of the restrictions stated on the signs. The signs shall

 

be installed only after a proper traffic order is filed with the

 

county clerk. Upon the application to the state transportation

 

commission by a home rule city affected by an order, opportunity

 

shall be given to the city for a hearing before the state

 

transportation commission, pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except

 

when an ordinance of the home rule city prohibits or restricts the

 

parking of vehicles on a state trunk line highway; when the home

 

rule city, by lawfully authorized official action, requests the

 

state transportation department to prohibit or restrict parking on

 

a state trunk line highway; or when the home rule city enters into

 

a construction agreement with the state transportation department

 

providing for the prohibition or restriction of parking on a state

 

trunk line highway during or after the period of construction.

 

Traffic control orders, so long as they affect parking upon a state

 

trunk line highway within the corporate limits of a home rule city,

 

are considered "rules" within the meaning of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon

 

application for a hearing by a home rule city, the proceedings

 

before the state transportation commission shall be considered a

 

"contested case" within the meaning of that act.

 

     (5) A disabled person may apply, on a form prescribed by the

 

secretary of state, for a serially numbered nontransferable

 

temporary or permanent windshield placard for the personal use of

 

the disabled person. An individual who has a religious objection to

 


having a medical examination may personally apply at a branch

 

office of the secretary of state for a serially numbered

 

nontransferable temporary or permanent windshield placard for the

 

personal use of the disabled individual. If it appears obvious that

 

the individual has a qualifying disability, the individual shall

 

not be required to present a medical statement attesting to the

 

disability. The application for and the issuance of the serially

 

numbered nontransferable temporary or permanent windshield placard

 

is subject to all of the following:

 

     (a) The secretary of state may issue to a disabled person with

 

a temporary disability a temporary windshield placard that is valid

 

for a period of not more than 6 months.

 

     (b) The secretary of state may issue to a disabled person with

 

a permanent disability an original or renewal permanent windshield

 

placard that is valid for at least 4 years.

 

     (c) An original certificate of identification or permanent

 

windshield placard shall expire on the last day of the month of the

 

disabled person's fifth birthday after the date of issuance.

 

     (d) A renewal permanent windshield placard shall expire on the

 

last day of the month of the disabled person's fourth birthday

 

after the date of renewal.

 

     (e) A person holding a certificate of identification or

 

permanent windshield placard at any time within 45 days before the

 

expiration of his or her certificate or placard may make

 

application for a new or renewal placard as provided for in this

 

section. However, if the person will be out of state during the 45

 

days immediately preceding expiration of the certificate or placard

 


or for other good cause shown cannot apply for a placard within the

 

45-day period, application for a new or renewal placard may be made

 

not more than 6 months before expiration of the certificate or

 

placard. A placard issued or renewed under this subdivision shall

 

expire as provided for in this subsection.

 

     (f) Upon application in the manner prescribed by the secretary

 

of state for replacement of a lost, stolen, or destroyed

 

certificate or placard described in this section, a disabled person

 

or organization that provides specialized services to disabled

 

persons may be issued a placard that in substance duplicates the

 

original certificate or placard for a fee of $10.00.

 

     (g) A certificate or placard described in this section may be

 

used by a person other than the disabled person for the sole

 

purpose of transporting the disabled person. An organization that

 

provides specialized services to disabled persons may apply for and

 

receive a permanent windshield placard to be used in any motor

 

vehicle actually transporting a disabled person. If the

 

organization ceases to transport disabled persons, the placard

 

shall be returned to the secretary of state for cancellation and

 

destruction.

 

     (6) A disabled person with a certificate of identification,

 

windshield placard, special registration plates issued under

 

section 803d, a special registration plate issued under section

 

803f that has a tab for persons with disabilities attached, a

 

certificate of identification or windshield placard from another

 

state, or special registration plates from another state issued for

 

persons with disabilities is entitled to courtesy in the parking of

 


a vehicle. The courtesy shall relieve the disabled person or the

 

person transporting the disabled person from liability for a

 

violation with respect to parking, other than in violation of this

 

act. A local authority may by ordinance prohibit parking on a

 

street or highway to create a fire lane or to provide for the

 

accommodation of heavy traffic during morning and afternoon rush

 

hours, and the privileges extending to veterans and physically

 

disabled persons under this subsection do not supersede that

 

ordinance.

 

     (7) Except as otherwise provided in subsection (24), an

 

application for an initial free parking sticker shall contain a

 

certification by a physician, physician assistant, or certified

 

nurse practitioner licensed to practice in this state attesting to

 

the nature and estimated duration of the applicant's disabling

 

condition and verifying that the applicant qualifies for a free

 

parking sticker. An individual who has a religious objection to

 

having a medical examination may personally apply at a branch

 

office of the secretary of state for an initial free parking

 

sticker. If it appears obvious that the individual is unable to do

 

1 or more of the acts listed in subdivisions (a) to (d), the

 

individual shall not be required to present a certification by a

 

physician, a physician assistant, or a certified nurse practitioner

 

attesting to the nature and estimated duration of the applicant's

 

disabling condition or verifying that the applicant qualifies for a

 

free parking sticker. The applicant qualifies for a free parking

 

sticker if the applicant is a licensed driver and the physician,

 

physician assistant, or certified nurse practitioner certifies or,

 


if an individual is not required to have a certification by a

 

physician, a physician assistant, or a certified nurse

 

practitioner, it is obvious that the applicant is unable to do 1 or

 

more of the following:

 

     (a) Manage, manipulate, or insert coins, or obtain tickets or

 

tokens in parking meters or ticket machines in parking lots or

 

parking structures, due to the lack of fine motor control of both

 

hands.

 

     (b) Reach above his or her head to a height of 42 inches from

 

the ground, due to a lack of finger, hand, or upper extremity

 

strength or mobility.

 

     (c) Approach a parking meter due to his or her use of a

 

wheelchair or other device.

 

     (d) Walk more than 20 feet due to an orthopedic, neurological,

 

cardiovascular, or lung condition in which the degree of

 

debilitation is so severe that it almost completely impedes the

 

ability to walk.

 

     (8) To be entitled to free parking in a metered space or in a

 

publicly owned parking structure or area, a vehicle must properly

 

display 1 of the following:

 

     (a) A windshield placard bearing a free parking sticker issued

 

pursuant to this act.

 

     (b) A valid certificate of identification issued before

 

October 1, 1994.

 

     (c) A valid windshield placard issued by another state.

 

     (d) A certificate of identification issued by another state.

 

     (e) A license plate for persons with disabilities issued by

 


another state.

 

     (f) A special registration plate with a tab for persons with

 

disabilities attached issued by another state.

 

     (9) A vehicle that does not properly display 1 of the items

 

listed in subsection (8) is not entitled to free parking in a

 

metered parking space or in a publicly owned parking area or

 

structure, and the disabled person or vehicle operator shall pay

 

all parking fees and may be responsible for a civil infraction.

 

     (10) Blindness that is not accompanied by an incapacity

 

described in subsection (7) does not entitle a person to a free

 

parking sticker.

 

     (11) The secretary of state shall attach a free parking

 

sticker, in contrasting colors, to the windshield placard of a

 

person certified as having an incapacity described in subsection

 

(7).

 

     (12) A windshield placard issued under this section shall be

 

displayed on the interior rearview mirror of the vehicle or, if

 

there is no interior rearview mirror, on the lower left corner of

 

the dashboard while the vehicle is parked or being parked by or

 

under the direction of a disabled person pursuant to this section.

 

     (13) A certificate of identification issued before February

 

11, 1992 shall be displayed on the lower left corner of the

 

dashboard of the parked vehicle.

 

     (14) Upon conviction of an offense involving a violation of

 

the special privileges conferred upon a holder of a certificate of

 

identification, windshield placard, or free parking sticker, a

 

magistrate or judge trying the case, as a part of any penalty

 


imposed, may confiscate the serially numbered certificate of

 

identification, windshield placard, or free parking sticker and

 

return the confiscated item or items to the secretary of state

 

together with a certified copy of the sentence imposed. Upon

 

receipt of a certificate of identification, windshield placard, or

 

free parking sticker from a judge or magistrate, the secretary of

 

state shall cancel and destroy the certificate, placard, or

 

sticker, and the disabled person to whom it was issued shall not

 

receive another certificate, placard, or sticker until he or she

 

submits a completed application and presents a current medical

 

statement attesting to his or her condition. A law enforcement

 

officer who observes a misuse of a certificate of identification,

 

windshield placard, or free parking sticker may immediately

 

confiscate the certificate, placard, or sticker and forward it with

 

a copy of his or her report to the secretary of state.

 

     (15) A person who intentionally makes a false statement of

 

material fact or commits or attempts to commit a deception or fraud

 

on a medical statement attesting to a disability, submitted in

 

support of an application for a certificate of identification,

 

windshield placard, free parking sticker, special registration

 

plate, or tab for persons with disabilities under this section,

 

section 803d, or section 803f, is guilty of a misdemeanor,

 

punishable by a fine of not more than $500.00 or imprisonment for

 

not more than 30 days, or both.

 

     (16) A person who commits or attempts to commit a deception or

 

fraud by 1 or more of the following methods is guilty of a

 

misdemeanor punishable by a fine of not more than $500.00 or

 


imprisonment for not more than 30 days, or both:

 

     (a) Using a certificate of identification, windshield placard,

 

or free parking sticker issued under this section or by another

 

state to provide transportation to a disabled person, when the

 

person is not providing transportation to a disabled person.

 

     (b) Altering, modifying, or selling a certificate of

 

identification, windshield placard, or free parking sticker issued

 

under this section or by another state.

 

     (c) Copying or forging a certificate of identification,

 

windshield placard, or free parking sticker described in this

 

section or selling a copied or forged certificate, placard, or

 

sticker described in this section. In the case of a violation of

 

this subdivision, the fine described in this subsection shall be

 

not less than $250.00.

 

     (d) Using a copied or forged certificate of identification,

 

windshield placard, or free parking sticker described in this

 

section.

 

     (e) Making a false statement of material fact to obtain or

 

assist an individual in obtaining a certificate, placard, or

 

sticker described in this section, a special registration plate

 

under section 803d, or a tab for persons with disabilities under

 

section 803f.

 

     (f) Knowingly using or displaying a certificate, placard, or

 

sticker described in this section that has been canceled by the

 

secretary of state.

 

     (17) Except as otherwise provided in this section, a person

 

who violates this section is responsible for a civil infraction.

 


     (18) A certificate of identification issued before October 1,

 

1994 and containing an expiration date is valid for free parking in

 

a space controlled or regulated by a meter on a public highway or

 

in a publicly owned parking area or structure when the time for

 

parking indicated on the meter has expired, or in a parking space

 

clearly identified by an official sign as being reserved for use by

 

disabled persons that is on public property or private property

 

available for public use, until the expiration date printed on the

 

certificate. The certificate expires and shall be canceled on its

 

expiration date.

 

     (19) A certificate of identification issued before October 1,

 

1994 that does not contain an expiration date expires and shall be

 

canceled on October 1, 1994.

 

     (20) A certificate of identification shall not be issued or

 

renewed by the secretary of state after October 1, 1994.

 

     (21) The secretary of state may cancel, revoke, or suspend a

 

windshield placard, free parking sticker, or certificate of

 

identification under any of the following circumstances:

 

     (a) The secretary of state determines that a windshield

 

placard, free parking sticker, or certificate of identification was

 

fraudulently or erroneously issued.

 

     (b) The secretary of state determines that a person has made

 

or is making an unlawful use of his or her windshield placard, free

 

parking sticker, or certificate of identification.

 

     (c) The secretary of state determines that a check or draft

 

used to pay the required fee is not paid on its first presentation

 

and is not paid upon reasonable notice or demand or that the

 


required fee is paid by an invalid credit card.

 

     (d) The secretary of state determines that the person is no

 

longer eligible to receive or use a windshield placard, free

 

parking sticker, or certificate of identification.

 

     (e) The secretary of state determines that the owner has

 

committed an offense under this act involving a windshield placard,

 

free parking sticker, or certificate of identification.

 

     (f) A person has violated this act and the secretary of state

 

is authorized under this act to cancel, revoke, or suspend a

 

windshield placard, free parking sticker, or certificate of

 

identification for that violation.

 

     (g) The secretary of state receives notice from another state

 

or foreign country that a windshield placard, free parking sticker,

 

or certificate of identification issued by the secretary of state

 

has been surrendered by the owner or seized in conformity with the

 

laws of that other state or foreign country, or has been improperly

 

used or displayed in violation of the laws of that other state or

 

foreign country.

 

     (22) Before a cancellation, revocation, or suspension under

 

subsection (21), the person affected thereby shall be given notice

 

and an opportunity to be heard.

 

     (23) A windshield placard issued to a disabled person shall

 

bear the first letter and the last 3 digits of the disabled

 

person's driver's or chauffeur's license number or the first letter

 

and the last 4 digits of the number on his or her official state

 

personal identification card issued under 1972 PA 222, MCL 28.291

 

to 28.300.

 


     (24) For purposes of this section only, the secretary of state

 

may accept an application for a windshield placard, special

 

registration plate, or free parking sticker from a disabled person

 

that is signed by a physician, physician assistant, or certified

 

nurse practitioner licensed or certified to practice in another

 

state if the application is accompanied by a copy of that

 

physician's, physician assistant's, or certified nurse

 

practitioner's current medical license or certification issued by

 

that state.

 

     (25) This section does not require new or additional third

 

party reimbursement or worker's compensation benefits for services

 

rendered.

 

     Sec. 803e. (1) A person who has been a prisoner of war or a

 

person whose spouse has been a prisoner of war may make application

 

to the secretary of state for a special registration plate which

 

shall be inscribed with special identification numbers preceded by

 

the letters "EX-POW" and shall have the words "ex-prisoner of war"

 

inscribed beneath the registration number.

 

     (2) A person who was a member of the armed services during

 

World War I may make application to the secretary of state for a

 

special registration plate, which shall be inscribed with special

 

identification numbers preceded by the letters "WWI" and shall have

 

the words "World War I veteran" inscribed beneath the registration

 

number.

 

     (3) A person who was a member of the armed services during

 

1941, stationed at a United States military or naval establishment

 

at Pearl Harbor in the Hawaiian islands, and who survived the

 


attack by Japan on Pearl Harbor on December 7, 1941 may make

 

application to the secretary of state for a special registration

 

plate, which shall be inscribed with special identification numbers

 

and shall have the words "Pearl Harbor survivor" inscribed beneath

 

the registration number.

 

     (4) A person who is a recipient of the purple heart medal may

 

make application to the secretary of state for a special

 

registration plate which shall be inscribed with special

 

identification numbers and shall have the words "combat wounded

 

veteran" inscribed beneath the registration number. In addition,

 

the special registration plate described under this subsection

 

shall be inscribed with a vignette of the official purple heart

 

medal.

 

     (5) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 

by any proof of the applicant having been a prisoner of war, World

 

War I veteran, Pearl Harbor survivor, or recipient of the purple

 

heart medal that the secretary of state may require. The

 

application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 

     (6) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who makes application for a

 

special registration plate under this section and who makes payment

 

of the $5.00 service fee shall be issued a tab for persons with

 

disabilities as provided in section 803f for his or her special

 


registration plate. The secretary of state shall require the same

 

proof that the applicant is a disabled person as is required for

 

issuance of a permanent windshield placard under section 675. One

 

person in any household is entitled to 1 special registration plate

 

issued under subsection (1) that is exempt from payment of the tax

 

provided in section 801. The person who is issued an additional

 

special registration plate under subsection (1) shall be assessed

 

the applicable tax provided for in section 801. A person issued 1

 

or more special registration plates under subsection (2), (3), or

 

(4) shall be assessed the applicable tax provided in section 801.

 

     (7) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (8) The special registration plate issued under this section

 

expires on the  birthday  last day of the birth month of the

 

vehicle owner in a year in which new plates are issued by the

 

secretary of state. Application for renewal of the special

 

registration plate shall be accompanied by a $5.00 service fee. The

 

applicant is not required to furnish the proof provided in

 

subsection (5).

 

     Sec. 803f. (1) A person who is a totally disabled veteran with

 

an honorable discharge from the armed services may make an

 

application to the secretary of state if he or she owns a private

 

passenger motor vehicle, and the secretary of state may issue a

 

special registration plate which shall be inscribed with special

 

identification numbers preceded by the letters "DV" and shall have

 

the words "disabled veteran" inscribed beneath the registration

 


number. For the purposes of this section, "private passenger motor

 

vehicle" means a motor vehicle which is personally owned by the

 

disabled veteran and is used for the primary purpose of

 

transporting the disabled veteran and family members of the

 

disabled veteran, but does not include a motor home.

 

     (2) Application for the special registration plate shall be on

 

a form prescribed by the secretary of state, and shall be

 

accompanied by a service fee of $5.00 and proof that the applicant

 

was honorably discharged from the armed services and either 1 of

 

the following:

 

     (a) That the applicant has been determined by the veterans'

 

administration of the federal government to have a service-

 

connected total or permanent total disability rating for

 

compensation.

 

     (b) That the applicant has been determined to have a service-

 

connected total or permanent total disability rating and is

 

receiving disability retirement pay from a branch of the uniformed

 

armed services.

 

     (3) A special registration issued under this section is exempt

 

from payment of the tax provided in section 801.

 

     (4) The special registration plate shall expire on the  

 

birthday  last day of the birth month of the disabled veteran in a

 

year in which new plates are issued by the secretary of state.

 

Application for renewal of the special registration plate shall be

 

accompanied by a $5.00 service fee. The applicant shall not be

 

required to furnish the proof provided in subsection (2).

 

     (5) The secretary of state may issue to a disabled person who

 


has been issued a special registration plate under this section a

 

tab for persons with disabilities. The tab for persons with

 

disabilities shall be an adhesive tab displaying the international

 

wheelchair symbol or a reasonable facsimile of that symbol. The tab

 

for persons with disabilities may be attached only to the special

 

registration plate issued to the disabled person under this

 

section.

 

     (6) An application for a tab for persons with disabilities

 

shall be on a form prescribed by the secretary of state. The

 

secretary of state shall require the same proof that the applicant

 

is a disabled person as is required for issuance of a permanent

 

windshield placard under section 675.

 

     (7) The tab for persons with disabilities shall be issued free

 

of charge.

 

     (8) When a disabled person who has been issued a tab for

 

persons with disabilities renews his or her special registration

 

plate under this section, the secretary of state shall issue a new

 

tab for persons with disabilities to the disabled person, free of

 

charge. The disabled person shall not be required to again furnish

 

the proof required under subsection (6).

 

     (9) The use of the special registration plate or a tab for

 

persons with disabilities on a motor vehicle other than the motor

 

vehicle for which the special registration plate is issued, or by a

 

person who does not qualify under this section, is a misdemeanor.

 

     Sec. 803i. (1) A person who was or is a member of the national

 

guard may apply to the secretary of state for a special

 

registration plate, which shall display an appropriate vignette

 


preceding the registration numbers and shall have the words

 

"national guard" inscribed beneath the registration numbers.

 

     (2) A person who was or is a member of the military reserve

 

may apply to the secretary of state for a special registration

 

plate, which shall display an appropriate vignette preceding the

 

registration numbers.

 

     (3) A person who was a member of any branch of the armed

 

services of the United States, who has retired or been granted an

 

honorable discharge from that branch of the armed forces, and who

 

is not otherwise eligible for a special registration plate under

 

this act may apply to the secretary of state for a special

 

registration plate which shall display an appropriate vignette

 

preceding the registration numbers.

 

     (4) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state and shall be accompanied

 

by any proof of the applicant being or having been a member of the

 

national guard or military reserve or a member of any branch of the

 

armed services of the United States as described in subsection (3)

 

that the secretary of state may require. The application for a

 

special registration plate shall also be accompanied with payment

 

of a $5.00 service fee.

 

     (5) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who applies for a special

 

registration plate under this section and who pays the $5.00

 

service fee shall be issued a tab for persons with disabilities as

 


provided in section 803f for his or her special registration plate.

 

The secretary of state shall require the same proof that the

 

applicant is a disabled person as is required for issuance of a

 

permanent windshield placard under section 675. A person issued 1

 

or more special registration plates under subsection (1), (2), or

 

(3) shall be assessed the applicable tax provided in section 801.

 

     (6) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (7) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 

state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (4).

 

     Sec. 803j. (1) A person who was a member of the armed services

 

or a person whose spouse was a member of the armed forces during

 

the Korean War may make application to the secretary of state for a

 

special registration plate, which shall display an appropriate

 

vignette preceding the registration numbers and shall have the word

 

"veteran" inscribed beneath the registration numbers.

 

     (2) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 

by any proof of the applicant or the applicant's spouse having been

 

a Korean War veteran that the secretary of state may require. The

 

application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 


     (3) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who makes application for a

 

special registration plate under this section and who makes payment

 

of the $5.00 service fee shall be issued a tab for persons with

 

disabilities as provided in section 803f for his or her special

 

registration plate. The secretary of state shall require the same

 

proof that the applicant is a disabled person as is required for

 

issuance of a permanent windshield placard under section 675. A

 

person issued 1 or more special registration plates under

 

subsection (1) shall be assessed the applicable tax provided in

 

section 801.

 

     (4) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (5) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 

state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (2).

 

     Sec. 803k. (1) A person who was a member of the armed services

 

during the Vietnam War or a person whose spouse was a member of the

 

armed services during the Vietnam War may make application to the

 

secretary of state for a special registration plate, which shall

 

display an appropriate vignette preceding the registration numbers

 


and shall have the word "veteran" inscribed beneath the

 

registration numbers.

 

     (2) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 

by any proof of the applicant or applicant's spouse having been a

 

Vietnam War veteran that the secretary of state may require. The

 

application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 

     (3) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who makes application for a

 

special registration plate under this section and who makes payment

 

of the $5.00 service fee shall be issued a tab for persons with

 

disabilities as provided in section 803f for his or her special

 

registration plate. The secretary of state shall require the same

 

proof that the applicant is a disabled person as is required for

 

issuance of a permanent windshield placard under section 675. A

 

person issued 1 or more special registration plates under

 

subsection (1) shall be assessed the applicable tax provided in

 

section 801.

 

     (4) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (5) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 


state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (2).

 

     Sec. 803l. (1) A person who was a member of the armed services

 

during World War II or a person whose spouse was a member of the

 

armed services during World War II may make application to the

 

secretary of state for a special registration plate, which shall

 

display an appropriate vignette preceding the registration numbers

 

and shall have the word "veteran" inscribed beneath the

 

registration numbers.

 

     (2) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 

by any proof of the applicant or applicant's spouse having been a

 

World War II veteran that the secretary of state may require. The

 

application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 

     (3) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 special registration

 

plate for each applicant for use on a passenger vehicle. A person

 

who is disabled who makes application for a special registration

 

plate under this section and who makes payment of the $5.00 service

 

fee shall be issued a tab for persons with disabilities as provided

 

in section 803f for his or her special registration plate. The

 

secretary of state shall require the same proof that the applicant

 

is a disabled person as is required for issuance of a permanent

 

windshield placard under section 675. A person issued a special

 

registration plate under subsection (1) shall be assessed the

 


applicable tax provided in section 801.

 

     (4) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (5) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 

state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (2).

 

     Sec. 803n. (1) A person who was a member or a person whose

 

spouse was a member of the Michigan national guard, the United

 

States armed forces reserve, or any branch of the armed services of

 

the United States and who was called to active duty during the

 

Persian Gulf War may apply to the secretary of state for a special

 

registration plate, which shall display an appropriate vignette

 

preceding the registration numbers and shall have the word

 

"veteran" inscribed beneath the registration numbers.

 

     (2) A person who was a member or a person whose spouse was a

 

member of the armed services during the conflict in Grenada, the

 

conflict in Panama, or the conflict in Lebanon may apply to the

 

secretary of state for a special registration plate, which shall

 

display an appropriate vignette preceding the registration numbers

 

and shall have the word "veteran" inscribed beneath the

 

registration numbers.

 

     (3) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 


by any proof of the applicant or applicant's spouse having been a

 

war or conflict veteran that the secretary of state may require.

 

The application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 

     (4) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who applies for a special

 

registration plate under this section and who pays the $5.00

 

service fee shall be issued a tab for persons with disabilities as

 

provided in section 803f for his or her special registration plate.

 

The secretary of state shall require the same proof that the

 

applicant is a disabled person as is required for issuance of a

 

permanent windshield placard under section 675. A person issued 1

 

or more special registration plates under subsection (1) or (2)

 

shall be assessed the applicable tax provided in section 801.

 

     (5) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (6) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 

state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (3).

 

     Sec. 803o. (1) On and after December 18, 1992, a person who

 

was a member or a person whose spouse was a member of the Michigan

 


national guard, the United States armed forces reserve, or any

 

branch of the armed services of the United States and who was

 

called to active duty during a declared war or an armed conflict in

 

which the United States was a participant may apply to the

 

secretary of state for a special registration plate, which shall

 

display an appropriate vignette preceding the registration numbers

 

and shall have the word "veteran" inscribed beneath the

 

registration numbers.

 

     (2) Application for a special registration plate shall be on a

 

form prescribed by the secretary of state, and shall be accompanied

 

by any proof of the applicant or applicant's spouse having been a

 

veteran of a declared war or an armed conflict in which the United

 

States was a participant that the secretary of state may require.

 

The application for a special registration plate shall also be

 

accompanied with payment of a $5.00 service fee.

 

     (3) Upon proper application and payment of the $5.00 service

 

fee, the secretary of state shall issue 1 or more special

 

registration plates for each applicant for use on a passenger

 

vehicle. A person who is disabled who applies for a special

 

registration plate under this section and who pays the $5.00

 

service fee shall be issued a tab for persons with disabilities as

 

provided in section 803f for his or her special registration plate.

 

The secretary of state shall require the same proof that the

 

applicant is a disabled person as is required for issuance of a

 

permanent windshield placard under section 675. A person issued 1

 

or more special registration plates under subsection (1) shall be

 

assessed the applicable tax provided in section 801.

 


     (4) The use of a special registration plate on a vehicle other

 

than the vehicle for which the plate is issued, or by a person who

 

does not qualify under this section, is a misdemeanor.

 

     (5) The special registration plate issued under this section

 

shall expire on the  birthday  last day of the birth month of the

 

vehicle owner. When new plates are issued by the secretary of

 

state, application for renewal of the special registration plate

 

shall be accompanied by a $5.00 service fee. The applicant shall

 

not be required to furnish the proof provided in subsection (2).