SENATE BILL NO. 1165

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

by amending sections 76 and 77 (MCL 259.76 and 259.77), section 76 as amended by 1988 PA 391 and section 77 as amended by 1996 PA 370.

the people of the state of michigan enact:

Sec. 76. (1) An aircraft tied down, moored, hangared, or based within this state and the number assigned to that aircraft by the federal aviation administration shall Federal Aviation Administration must be registered annually with the commission and a registration fee paid. An aircraft shall not be issued a state registration certificate when it does not have a valid and effective registration certificate as issued by the federal aviation administration or a foreign government.

(2) An aircraft shall be is subject to the registration provisions of this act except when it is 1 of the following:

(a) An aircraft engaged in scheduled passenger service flying in interstate or foreign commerce or in that part of interstate or foreign commerce which that is intrastate in character, and operating exclusively under the provisions of a federal certificate issued under 14 CFR Part 121.

(b) An aircraft owned by the United States government.

(c) An aircraft of a resident of another state or an aircraft of a resident of this state that is tied down, moored, hangared, or based within another state, having complied with the registration requirements of that state, and operating within this state for a period of not more than 90 days in a calendar year. This aircraft shall not engage in intrastate commercial activity within this state.

(d) Aircraft owned by or registered to the United States, aircraft of the civil air patrol, Civil Air Patrol, or aircraft licensed by a foreign country with which the United States has reciprocal relations. This aircraft shall not engage in commercial activity within this state.

(e) An aircraft which, that, in the opinion of the commission, is in a condition that would reasonably preclude its operation during the registration period.

Sec. 77. (1) If an aircraft is registered under this act, the commission shall send an application for renewal registration to the owner of the aircraft on or after November 1 preceding the year to be designated on the registration. The registration application shall must be executed and returned to the commission with payment of the registration fee as provided by this section before the expiration date of the prior registration. If an owner of an aircraft fails to receive a registration application form by December 1, he or she the owner shall inform the commission.

(2) The owner of an aircraft that had not been previously subject to registration under this act but has become subject to registration under this act shall inform the commission within 30 days after becoming subject to registration, shall register the aircraft, and shall pay the appropriate fee as provided by this section.

(3) A registration fee shall be is payable annually on or before December 31. However, for an aircraft being registered for the first time, a registration certificate issued after July 1 shall must be issued at the rate of 50% of the annual fee. All aircraft registrations shall expire on January 1 of each year.

(4) A registration fee shall be is in lieu of all property taxes on the aircraft, either general or local.

(5) A registration fee shall must be paid at the rate of 1 cent 5 cents per pound of either maximum gross weight or maximum takeoff weight, whichever is greater, for which the aircraft is certified under the federal aviation administration Federal Aviation Administration airworthiness certificate.

(6) If an aircraft owner fails to register or pay the aircraft registration fee due under this act by the time specified, a penalty of $50.00 shall must be added if the failure is not more than 1 month, with an additional $5.00 penalty for each additional month or fraction of a month during which the registration fee and penalty are not paid.

(7) If an aircraft registration fee is not paid within the time specified and it is shown to the satisfaction of the commission that the failure or refusal was due to reasonable cause and not willful neglect, the penalty may be waived at the discretion of the director of the state transportation department or his or her designated representative. the director's designee. The period for which a penalty is assessed shall must not exceed 1 year.

(8) If an aircraft registration fee is paid by mail, the postmark date is the date of payment.