HB-4505, As Passed House, February 7, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4505

      A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 40b, 50a, 51a, 251b, 251d, 302, 303, 307,

310, 315, 318, 511, 728, 749, 801, 814, and 819 (MCL 257.40b,

257.50a, 257.51a, 257.251b, 257.251d, 257.302, 257.303, 257.307,

257.310, 257.315, 257.318, 257.511, 257.728, 257.749, 257.801,

257.814, and 257.819), section 40b as added by 1997 PA 100,

section 50a as added and section 315 as amended by 1999 PA 118,

sections 302, 303, and 307 as amended by 2006 PA 298, section 310

as amended by 2005 PA 141, section 728 as amended by 1993 PA 301,

section 749 as amended by 1984 PA 331, section 801 as amended by

2006 PA 562, and section 819 as amended by 1990 PA 168.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 40b. (1) "Personal information" means information that

 2  identifies an individual, including the individual's photograph

 3  or image, name, address (but not the zip code), driver license

 House Bill No. 4505 (H-6) as amended February 7, 2008

 1  number, social security number, telephone number, digitized

 2  signature, and medical and disability information. Personal

 3  information does not include information on driving and

 4  equipment-related violations or civil infractions, driver or

 5  vehicle registration status, vehicular accidents, or other

 6  behaviorally-related information.

 7        (2) "Highly restricted personal information" means an

 8  individual's photograph or image, social security number,

 9  digitized signature, and medical and disability information, and

10  source documents presented by an applicant to obtain an

11  operator's or chauffeur's license under section 307(1).

12        Sec. 50a. "Residence address" means the place that is the

13  settled or permanent home or domicile at which a person legally

14  resides as defined in section 11 of the Michigan election law,

15  1954 PA 116, MCL 168.11.

16        Sec. 51a. "Resident" means every person who [ resides

17  in a settled or permanent home or domicile with the

18  intention of remaining in this state. A person who obtains

19  employment in this state is presumed to have the intention of

20  remaining in this state AND ESTABLISHES THAT HE OR SHE IS LEGALLY PRESENT

IN THE UNITED STATES. This definition shall apply applies to

21 the provisions of this act only.]

22        Sec. 251b. A dealer shall not rent, lease, or furnish a

23  motorcycle to a person for use on public streets and highways who

24  is not licensed to operate a motorcycle by the state, if a

25  resident, and by the state of which the person is a resident in

26  which the person resides, if a nonresident.

27        Sec. 251d. A person to whom a motorcycle is rented, leased,

 1  or furnished, shall not rent, sublease, or otherwise authorize

 2  the use of the motorcycle on public streets and highways to a

 3  person who is not licensed to operate a motorcycle in this state,

 4  if a resident, and by the state of which the person is a resident

 5  in which the person resides, if a nonresident.

 6        Sec. 302. The following persons are exempt from obtaining a

 7  license under this chapter:

 8        (a) A person serving in the armed forces of the United

 9  States if furnished with a driver's permit and operating an

10  official motor vehicle in that service or a person who is a

11  military driver and operates a commercial motor vehicle for a

12  military purpose. This exemption applies to active duty military

13  personnel, members of the military reserves, active duty United

14  States coast guard personnel, and members of the national guard

15  while on active duty, including, but not limited to, personnel on

16  full-time national guard duty, personnel on part-time national

17  guard training, and national guard military technicians who are

18  civilians required to wear military uniforms. This exemption does

19  not apply to any of the following:

20        (i) United States reserve technicians.

21        (ii) Except as otherwise provided in this subdivision, a

22  person who is a civilian and in the employ of the armed forces of

23  the United States.

24        (b) A person while driving or operating a road roller, a

25  snow motor, road machinery, or a farm tractor or implement of

26  husbandry temporarily drawn, moved, or propelled on a highway, if

27  the person is a citizen of the United States or is otherwise

 1  eligible to be issued an operator's license or chauffeur's

 2  license under section 307(1).

 3        (c) A nonresident who is not less than 16 years of age and

 4  who has been licensed either as an operator or a chauffeur under

 5  a law requiring the licensing of operators or chauffeurs in his

 6  or her home state and who has in his or her immediate possession

 7  either a valid operator's or a valid chauffeur's license issued

 8  to him or her in his or her home state.

 9        (d) A nonresident who is over the age of 17 years, whose

10  home state does not require the licensing of operators, may

11  operate a motor vehicle as an operator only, for a period of not

12  more than 90 days in any calendar year, if all of the following

13  apply:

14        (i) The motor vehicle is registered in the home state or

15  country of the nonresident.

16        (ii) The nonresident has in his or her immediate possession a

17  registration card evidencing ownership and registration of the

18  motor vehicle in his or her home state or country, or is able at

19  any time or place required to prove lawful possession or the

20  right to operate the motor vehicle and to establish his or her

21  proper identity.

22        (iii) The nonresident is a citizen of the United States or is

23  otherwise eligible to be issued an operator's license or

24  chauffeur's license under section 307(1).

25        (e) A person who is a member of the armed forces of the

26  United States on official leave, who on the date of his or her

27  orders granting leave possessed an operator's or chauffeur's

 1  license, valid except for the expiration date of the license.

 2  This exemption applies only to the person's first leave of

 3  absence following the expiration of his or her license and

 4  exempts the person from the provisions of this act for a period

 5  not to exceed 30 days.

 6        (f) A person who is a discharged member of the armed forces

 7  of the United States, who on the date of his or her discharge

 8  possesses an operator's or chauffeur's license, valid except for

 9  the expiration date, for a period not to exceed 30 days from date

10  of discharge.

11        (g) A person who is a member of the armed forces of the

12  United States, stationed in this state, who is a resident of

13  resides in another state and has a valid license issued by his or

14  her state of residence the state in which he or she resides.

15        (h) A person while operating a commercial motor vehicle in

16  the course of a driving test administered by a certified examiner

17  appointed by the secretary of state and while accompanied by the

18  examiner, if the person is a citizen of the United States or is

19  otherwise eligible to be issued an operator's license or

20  chauffeur's license under section 307(1).

21        (i) A person while operating a commercial motor vehicle who

22  is not disqualified from operating a commercial motor vehicle and

23  who holds a commercial driver license that is issued to him or

24  her by another state or jurisdiction under 49 CFR part 383.

25        Sec. 303. (1) The secretary of state shall not issue a

26  license under this act to any of the following persons:

27        (a) A person, as an operator, who is less than 18 years of

 1  age, except as otherwise provided in this act.

 2        (b) A person, as a chauffeur, who is less than 18 years of

 3  age, except as otherwise provided in this act.

 4        (c) A person whose license is suspended, revoked, denied, or

 5  canceled in any state. If the suspension, revocation, denial, or

 6  cancellation is not from the jurisdiction that issued the last

 7  license to the person, the secretary of state may issue a license

 8  after the expiration of 5 years from the effective date of the

 9  most recent suspension, revocation, denial, or cancellation.

10        (d) A person who in the opinion of the secretary of state is

11  afflicted with or suffering from a physical or mental disability

12  or disease preventing that person from exercising reasonable and

13  ordinary control over a motor vehicle while operating the motor

14  vehicle upon the highways.

15        (e) A person who is unable to understand highway warning or

16  direction signs in the English language.

17        (f) A person who is unable to pass a knowledge, skill, or

18  ability test administered by the secretary of state in connection

19  with the issuance of an original operator's or chauffeur's

20  license, original motorcycle indorsement, or an original or

21  renewal of a vehicle group designation or vehicle indorsement.

22        (g) A person who has been convicted of, has received a

23  juvenile disposition for, or has been determined responsible for

24  2 or more moving violations under a law of this state, a local

25  ordinance substantially corresponding to a law of this state, or

26  a law of another state substantially corresponding to a law of

27  this state within the preceding 3 years, if the violations

 1  occurred before issuance of an original license to the person in

 2  this state, another state, or another country.

 3        (h) A nonresident, including, but not limited to, a foreign

 4  exchange student.

 5        (i) A person who has failed to answer a citation or notice

 6  to appear in court or for any matter pending or fails to comply

 7  with an order or judgment of the court, including, but not

 8  limited to, paying all fines, costs, fees, and assessments, in

 9  violation of section 321a, until that person answers the citation

10  or notice to appear in court or for any matter pending or

11  complies with an order or judgment of the court, including, but

12  not limited to, paying all fines, costs, fees, and assessments,

13  as provided under section 321a.

14        (j) A person not licensed under this act who has been

15  convicted of, has received a juvenile disposition for, or has

16  been determined responsible for a crime or civil infraction

17  described in section 319, 324, or 904. A person shall be denied a

18  license under this subdivision for the length of time

19  corresponding to the period of the licensing sanction that would

20  have been imposed under section 319, 324, or 904 if the person

21  had been licensed at the time of the violation.

22        (k) A person not licensed under this act who has been

23  convicted of or received a juvenile disposition for committing a

24  crime described in section 319e. A person shall be denied a

25  license under this subdivision for the length of time that

26  corresponds to the period of the licensing sanction that would

27  have been imposed under section 319e if the person had been

 1  licensed at the time of the violation.

 2        (l) A person not licensed under this act who is determined to

 3  have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

 4  section 703(1) of the Michigan liquor control code of 1998, 1998

 5  PA 58, MCL 436.1703, or section 624a or 624b of this act. The

 6  person shall be denied a license under this subdivision for a

 7  period of time that corresponds to the period of the licensing

 8  sanction that would have been imposed under those sections had

 9  the person been licensed at the time of the violation.

10        (m) A person whose commercial driver license application is

11  canceled under section 324(2).

12        (n) Unless otherwise eligible under section 307(1), a person

13  who is not a citizen of the United States.

14        (2) Upon receiving the appropriate records of conviction,

15  the secretary of state shall revoke the operator's or chauffeur's

16  license of a person and deny issuance of an operator's or

17  chauffeur's license to a person having any of the following,

18  whether under a law of this state, a local ordinance

19  substantially corresponding to a law of this state, or a law of

20  another state substantially corresponding to a law of this state:

21        (a) Any combination of 2 convictions within 7 years for

22  reckless driving in violation of section 626.

23        (b) Any combination of 2 or more convictions within 7 years

24  for any of the following:

25        (i) A felony in which a motor vehicle was used.

26        (ii) A violation or attempted violation of section 601b(2) or

27  (3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 1  section 653a(3) or (4), or section 904(4) or (5).

 2        (iii) Negligent homicide, manslaughter, or murder resulting

 3  from the operation of a vehicle or an attempt to commit any of

 4  those crimes.

 5        (iv) A violation or attempted violation of section 479a(4) or

 6  (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

 7        (c) Any combination of 2 convictions within 7 years for any

 8  of the following or a combination of 1 conviction for a violation

 9  or attempted violation of section 625(6) and 1 conviction for any

10  of the following within 7 years:

11        (i) A violation or attempted violation of section 625, except

12  a violation of section 625(2), or a violation of any prior

13  enactment of section 625 in which the defendant operated a

14  vehicle while under the influence of intoxicating or alcoholic

15  liquor or a controlled substance, or a combination of

16  intoxicating or alcoholic liquor and a controlled substance, or

17  while visibly impaired, or with an unlawful bodily alcohol

18  content.

19        (ii) A violation or attempted violation of section 625m.

20        (iii) Former section 625b.

21        (d) One conviction for a violation or attempted violation of

22  section 315(5), section 601b(3), section 601c(2), section 602a(4)

23  or (5), section 617, section 625(4) or (5), section 653a(4), or

24  section 904(4) or (5).

25        (e) One conviction of negligent homicide, manslaughter, or

26  murder resulting from the operation of a vehicle or an attempt to

27  commit any of those crimes.

 1        (f) One conviction for a violation or attempted violation of

 2  section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

 3  MCL 750.479a.

 4        (g) Any combination of 3 convictions within 10 years for any

 5  of the following or 1 conviction for a violation or attempted

 6  violation of section 625(6) and any combination of 2 convictions

 7  for any of the following within 10 years, if any of the

 8  convictions resulted from an arrest on or after January 1, 1992:

 9        (i) A violation or attempted violation of section 625, except

10  a violation of section 625(2), or a violation of any prior

11  enactment of section 625 in which the defendant operated a

12  vehicle while under the influence of intoxicating or alcoholic

13  liquor or a controlled substance, or a combination of

14  intoxicating or alcoholic liquor and a controlled substance, or

15  while visibly impaired, or with an unlawful bodily alcohol

16  content.

17        (ii) A violation or attempted violation of section 625m.

18        (iii) Former section 625b.

19        (3) The secretary of state shall revoke a license under

20  subsection (2) notwithstanding a court order unless the court

21  order complies with section 323.

22        (4) The secretary of state shall not issue a license under

23  this act to a person whose license has been revoked under this

24  act or revoked and denied under subsection (2) until all of the

25  following occur, as applicable:

26        (a) The later of the following:

27        (i) The expiration of not less than 1 year after the license

 1  was revoked or denied.

 2        (ii) The expiration of not less than 5 years after the date

 3  of a subsequent revocation or denial occurring within 7 years

 4  after the date of any prior revocation or denial.

 5        (b) For a denial under subsection (2)(a), (b), (c), and (g),

 6  the person rebuts by clear and convincing evidence the

 7  presumption resulting from the prima facie evidence that he or

 8  she is a habitual offender. The convictions that resulted in the

 9  revocation and denial constitute prima facie evidence that he or

10  she is a habitual offender.

11        (c) The person meets the requirements of the department.

12        (5) The secretary of state may deny issuance of an

13  operator's license as follows:

14        (a) Until the age of 17, to a person not licensed under this

15  act who was convicted of or received a juvenile disposition for

16  violating or attempting to violate section 411a(2) of the

17  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

18  school when he or she was less than 14 years of age. A person not

19  issued a license under this subdivision is not eligible to begin

20  graduated licensing training until he or she attains 16 years of

21  age.

22        (b) To a person less than 21 years of age not licensed under

23  this act who was convicted of or received a juvenile disposition

24  for violating or attempting to violate section 411a(2) of the

25  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

26  school when he or she was less than 14 years of age or older,

27  until 3 years after the date of the conviction or juvenile

 1  disposition. A person not issued a license under this subdivision

 2  is not eligible to begin graduated licensing training or

 3  otherwise obtain an original operator's or chauffeur's license

 4  until 3 years after the date of the conviction or juvenile

 5  disposition.

 6        (6) The secretary of state shall deny issuance of a vehicle

 7  group designation to a person if the person has been disqualified

 8  by the United States secretary of transportation from operating a

 9  commercial motor vehicle.

10        (7) Multiple convictions or civil infraction determinations

11  resulting from the same incident shall be treated as a single

12  violation for purposes of denial or revocation of a license under

13  this section.

14        (8) As used in this section, "felony in which a motor

15  vehicle was used" means a felony during the commission of which

16  the person operated a motor vehicle and while operating the

17  vehicle presented real or potential harm to persons or property

18  and 1 or more of the following circumstances existed:

19        (a) The vehicle was used as an instrument of the felony.

20        (b) The vehicle was used to transport a victim of the

21  felony.

22        (c) The vehicle was used to flee the scene of the felony.

23        (d) The vehicle was necessary for the commission of the

24  felony.

25        Sec. 307. (1) An If an applicant for an operator's license

26  or chauffeur's license is a citizen of the United States, the

27  applicant shall supply a photographic identity document, a birth

 1  certificate, attesting to his or her age or other sufficient

 2  documents or identification as the secretary of state may require

 3  to verify the identity and citizenship of the applicant. If an

 4  applicant for an operator's or chauffeur's license is not a

 5  citizen of the United States, the applicant shall supply a

 6  photographic identity document and other sufficient documents to

 7  verify the identity of the applicant and the applicant's legal

 8  presence in the United States under subdivision (b). The

 9  documents required under this subsection shall include the

10  applicant's full legal name, date of birth, and address and

11  residency and demonstrate that the applicant is a citizen of the

12  United States or is legally present in the United States. If the

13  applicant's full legal name differs from the name of the

14  applicant that appears on a document presented under this

15  subsection, the applicant shall present documents to verify his

16  or her current full legal name. An application for an operator's

17  or chauffeur's license shall be made in a manner prescribed by

18  the secretary of state and shall contain all of the following:

19        (a) The applicant's full legal name, date of birth,

20  residence address, height, sex, eye color, signature, and,

21  beginning January 1, 2007, intent to be an organ donor, other

22  information required or permitted on the license under this

23  chapter, and, only to the extent required to comply with federal

24  law, the applicant's social security number. The applicant may

25  provide a mailing address if the applicant receives mail at an

26  address different from his or her residence address.

27        (b) If the applicant is not a citizen of the United States,

House Bill No. 4505 (H-6) as amended February 7, 2008

 1  the applicant shall provide documents demonstrating his or her

 2  legal presence in the United States. A person legally present in

 3  the United States includes, but is not limited to, a person

 4  authorized by the United States government for employment in the

 5  United States, a person with nonimmigrant status authorized under

 6  federal law, and a person who is the beneficiary of an approved

 7  immigrant visa petition or [AN APPROVED] labor certification. The

 secretary

 8  of state shall adopt rules under the administrative procedures

 9  act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary

10  for the administration of this subdivision. A determination by

11  the secretary of state that an applicant is not legally present

12  in the United States may be appealed under section 631 of the

13  revised judicature act of 1961, 1961 PA 236, MCL 600.631.

14  (c) [ (b) The

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25  ] the following

26  notice shall be included to inform the applicant that under

27  sections 509o and 509r of the Michigan election law, 1954 PA 116,

 1  MCL 168.509o and 168.509r, the secretary of state is required to

 2  use the residence address provided on this application as the

 3  applicant's residence address on the qualified voter file for

 4  voter registration and voting:

5  "NOTICE: Michigan law requires that the same address

6  be used for voter registration and driver license

7  purposes. Therefore, if the residence address

8  you provide in this application differs from your

9  voter registration address as it appears on the

10 qualified voter file, the secretary of state

11 will automatically change your voter registration

12 to match the residence address on this application,

13 after which your voter registration at your former

14 address will no longer be valid for voting purposes.

15 A new voter registration card, containing the

16 information of your polling place, will be provided

17 to you by the clerk of the jurisdiction where your

18 residence address is located.".

19  (d) (c) For an original or renewal operator's or chauffeur's

20  license with a vehicle group designation or indorsement, the

21  names of all states where the applicant has been licensed to

22  drive any type of motor vehicle during the previous 10 years.

23  (e) (d) For an operator's or chauffeur's license with a

24  vehicle group designation or indorsement, the following

25  certifications by the applicant:

26        (i) The applicant meets the applicable federal driver

27  qualification requirements under 49 CFR part 391 if the applicant

 1  operates or intends to operate in interstate commerce or meets

 2  the applicable qualifications of the department of state police

 3  under the motor carrier safety act of 1963, 1963 PA 181, MCL

 4  480.11 to 480.25, if the applicant operates or intends to operate

 5  in intrastate commerce.

 6        (ii) The vehicle in which the applicant will take the driving

 7  skills tests is representative of the type of vehicle the

 8  applicant operates or intends to operate.

 9        (iii) The applicant is not subject to disqualification by the

10  United States secretary of transportation, or a suspension,

11  revocation, or cancellation under any state law for conviction of

12  an offense described in section 312f or 319b.

13        (iv) The applicant does not have a driver's license from more

14  than 1 state or jurisdiction.

15  (f) (e) An applicant for an operator's or chauffeur's

16  license with a vehicle group designation and a hazardous material

17  indorsement shall provide his or her fingerprints as prescribed

18  by state and federal law.

19        (2) Except as provided in this subsection, an An applicant

20  for an operator's or chauffeur's license may have his or her

21  image and signature captured or reproduced when the application

22  for the license is made. An applicant required under section 5a

23  of the sex offenders registration act, 1994 PA 295, MCL 28.725a,

24  to maintain a valid operator's or chauffeur's license or official

25  state personal identification card shall have his or her image

26  and signature captured or reproduced when the application for the

27  license is made. The secretary of state shall acquire by purchase

 1  or lease the equipment for capturing the images and signatures

 2  and may furnish the equipment to a local unit authorized by the

 3  secretary of state to license drivers. The secretary of state

 4  shall acquire equipment purchased or leased pursuant to under

 5  this section under standard purchasing procedures of the

 6  department of management and budget based on standards and

 7  specifications established by the secretary of state. The

 8  secretary of state shall not purchase or lease equipment until an

 9  appropriation for the equipment has been made by the legislature.

10  An A digital photographic image and signature captured pursuant

11  to under this section shall appear on the applicant's operator's

12  license or chauffeur's license. Except as provided in this

13  subsection, the secretary of state may retain and use a person's

14  image and signature described in this subsection only for

15  programs administered by the secretary of state. Except as

16  provided in this subsection, the secretary of state shall not use

17  a person's image or signature, or both, unless the person grants

18  written permission for that purpose to the secretary of state or

19  specific enabling legislation permitting the use is enacted into

20  law. A law enforcement agency of this state has access to

21  information retained by the secretary of state under this

22  subsection. The information may be utilized for any law

23  enforcement purpose unless otherwise prohibited by law. The

24  department of state police shall provide to the secretary of

25  state updated lists of persons required to be registered under

26  the sex offenders registration act, 1994 PA 295, MCL 28.721 to

27  28.736, and the secretary of state shall make the images of those

 1  persons available to the department of state police as provided

 2  in that act. A person's digital photographic image shall be used

 3  as follows:

 4        (a) By a federal, state, or local governmental agency for a

 5  law enforcement purpose authorized by law.

 6        (b) By the secretary of state for a use specifically

 7  authorized by law.

 8        (c) By the secretary of state for forwarding to the

 9  department of state police the images to persons required to be

10  registered under the sex offenders registration act, 1994 PA 295,

11  MCL 28.271 to 28.726, upon the department of state police

12  providing the secretary of state an updated list of the names of

13  those persons.

14        (d) As necessary to comply with a law of this state or of

15  the United States.

16        (3) An application shall contain a signature or verification

17  and certification by the applicant, as determined by the

18  secretary of state, and shall be accompanied by the proper fee.

19  The secretary of state shall collect the application fee with the

20  application. The secretary of state shall refund the application

21  fee to the applicant if the license applied for is denied, but

22  shall not refund the fee to an applicant who fails to complete

23  the examination requirements of the secretary of state within 90

24  days after the date of application for a license.

25        (4) In conjunction with the application for or, until

26  January 1, 2007, the issuance of an operator's license or

27  chauffeur's license, the secretary of state shall do all of the

 1  following:

 2        (a) Provide the applicant with all of the following:

 3        (i) Information explaining the applicant's right to make an

 4  anatomical gift in the event of death in accordance with section

 5  310.

 6        (ii) Information describing the organ, tissue, and eye donor

 7  registry program. The information required under this

 8  subparagraph includes the address and telephone number of

 9  Michigan's federally designated organ procurement organization or

10  its successor organization.

11        (iii) Information giving the applicant the opportunity to be

12  placed on the registry described in subparagraph (ii).

13        (b) Provide the applicant with the opportunity to specify on

14  his or her operator's or chauffeur's license that he or she is

15  willing to make an anatomical gift in the event of death in

16  accordance with section 310.

17        (c) Inform the applicant that, if he or she indicates to the

18  secretary of state under this section a willingness to have his

19  or her name placed on the registry described in subdivision

20  (a)(ii), the secretary of state will mark the applicant's record

21  for the registry.

22        (d) Provide the applicant with the opportunity to make a

23  donation of $1.00 or more to the organ and tissue donation

24  education fund created under section 217o. A donation made under

25  this subdivision shall be deposited in the state treasury to the

26  credit of the organ and tissue donation education fund.

27        (5) The secretary of state may fulfill the requirements of

 1  subsection (4) by 1 or more of the following methods:

 2        (a) Providing printed material enclosed with a mailed notice

 3  for an operator's or chauffeur's license renewal or the issuance

 4  of an operator's or chauffeur's license.

 5        (b) Providing printed material to an applicant who

 6  personally appears at a secretary of state branch office.

 7        (c) Through electronic information transmittals for

 8  operator's and chauffeur's licenses processed by electronic

 9  means.

10        (6) Until January 1, 2007, if an applicant indicates a

11  willingness under this section to have his or her name placed on

12  the organ donor registry described in subsection (4)(a)(ii), the

13  secretary of state shall within 10 days forward the applicant's

14  name, and address, and date of birth to the organ donor registry

15  maintained by Michigan's federally designated organ procurement

16  organization or its successor organization. The secretary of

17  state may forward information under this subsection by mail or by

18  electronic means. The secretary of state shall not maintain a

19  record of the name or address of an individual who indicates a

20  willingness to have his or her name placed on the organ donor

21  registry after forwarding that information to the organ donor

22  registry under this subsection. Information about an applicant's

23  indication of a willingness to have his or her name placed on the

24  organ donor registry that is obtained by the secretary of state

25  under subsection (4) and forwarded under this subsection is

26  exempt from disclosure under section 13(1)(d) of the freedom of

27  information act, 1976 PA 442, MCL 15.243. Beginning January 1,

 1  2007, the secretary of state shall maintain a record of an

 2  individual who indicates a willingness to have his or her name

 3  placed on the registry described in subsection (4)(a)(ii).

 4  Information about an applicant's indication of a willingness to

 5  have his or her name placed on the registry that is obtained by

 6  the secretary of state under subsection (4) and forwarded under

 7  subsection (14) is exempt from disclosure under section 13(1)(d)

 8  of the freedom of information act, 1976 PA 442, MCL 15.243.

 9        (7) If an application is received from a person previously

10  licensed in another jurisdiction, the secretary of state shall

11  request a copy of the applicant's driving record and other

12  available information from the national driver register. When

13  received, the driving record and other available information

14  become a part of the driver's record in this state.

15        (8) If an application is received for an original, renewal,

16  or upgrade of a vehicle group designation or indorsement, the

17  secretary of state shall request the person's complete driving

18  record from all states where the applicant was previously

19  licensed to drive any type of motor vehicle over the last 10

20  years before issuing a vehicle group designation or indorsement

21  to the applicant. If the applicant does not hold a valid

22  commercial motor vehicle driver license from a state where he or

23  she was licensed in the last 10 years, this complete driving

24  record request must be made not earlier than 24 hours before the

25  secretary of state issues the applicant a vehicle group

26  designation or indorsement. For all other drivers, this request

27  must be made not earlier than 10 days before the secretary of

 1  state issues the applicant a vehicle group designation or

 2  indorsement. The secretary of state shall also check the

 3  applicant's driving record with the national driver register and

 4  the federal commercial driver license information system before

 5  issuing that group designation or indorsement. If the application

 6  is for the renewal of a vehicle group designation or indorsement,

 7  and if the secretary of state enters on the person's historical

 8  driving record maintained under section 204a a notation that the

 9  request was made and the date of the request, the secretary of

10  state is required to request the applicant's complete driving

11  record from other states only once under this section.

12        (9) Except for a vehicle group designation or indorsement or

13  as provided in this subsection or section 314(5), the secretary

14  of state may issue a renewal operator's or chauffeur's license

15  for 1 additional 4-year period by mail or by other methods

16  prescribed by the secretary of state. The secretary of state may

17  check the applicant's driving record through the national driver

18  register and the commercial driver license information system

19  before issuing a license under this section. The secretary of

20  state shall issue a renewal license only in person if the person

21  is a person required under section 5a of the sex offenders

22  registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

23  operator's or chauffeur's license or official state personal

24  identification card. If a license is renewed by mail or by other

25  method, the secretary of state shall issue evidence of renewal to

26  indicate the date the license expires in the future. The

27  department of state police shall provide to the secretary of

 1  state updated lists of persons required under section 5a of the

 2  sex offenders registration act, 1994 PA 295, MCL 28.725a, to

 3  maintain a valid operator's or chauffeur's license or official

 4  state personal identification card.

 5        (10) Upon request, the secretary of state shall provide an

 6  information manual to an applicant explaining how to obtain a

 7  vehicle group designation or indorsement. The manual shall

 8  contain the information required under 49 CFR part 383.

 9        (11) The secretary of state shall not disclose a social

10  security number obtained under subsection (1) to another person

11  except for use for 1 or more of the following purposes:

12        (a) Compliance with 49 USC 31301 to 31317 and regulations

13  and state law and rules related to this chapter.

14        (b) Through the law enforcement information network, to To

15  carry out the purposes of section 466(a) 666(a) of the social

16  security act, 42 USC 666, in connection with matters relating to

17  paternity, child support, or overdue child support.

18        (c) To check an applicant's driving record through the

19  national driver register and the commercial driver license

20  information system when issuing a license under this act.

21        (d) With the department of community health, for comparison

22  with vital records maintained by the department of community

23  health under part 28 of the public health code, 1978 PA 368, MCL

24  333.2801 to 333.2899.

25        (e) As otherwise required by law.

26        (12) The secretary of state shall not display a person's

27  social security number on the person's operator's or chauffeur's

 House Bill No. 4505 (H-6) as amended February 7, 2008 (1 of 2)

 1  license.

 2        (13) A requirement under this section to include a social

 3  security number on an application does not apply to an applicant

 4  who demonstrates he or she is exempt under law from obtaining a

 5  social security number. or to an applicant who for religious

 6  convictions is exempt under law from disclosure of his or her

 7  social security number under these circumstances. The secretary

 8  of state shall inform the applicant of this possible exemption.

 9        (14) Beginning January 1, 2007, the The secretary of state

10  shall maintain the organ, tissue, and eye donor registry in a

11  manner that provides electronic access, including, but not

12  limited to, transfer of data to this state's federally designated

13  organ procurement organizations, their successor organizations,

14  and tissue and eye banks with limitations on the use of and

15  access to the donor registry as determined by the secretary of

16  state.

17        (15) The secretary of state, with the approval of the state

18  administrative board created under 1921 PA 2, MCL 17.1 to 17.3,

19  may enter into agreements with the United States government to

20  verify whether an applicant for an operator's license or a

21  chauffeur's license under this section who is not a citizen of

22  the United States is authorized under federal law to be present

23  in the United States.

[(16) THE SECRETARY OF STATE SHALL NOT ISSUE AN OPERATOR'S LICENSE

 OR A CHAUFFEUR'S LICENSE TO A PERSON HOLDING AN OPERATOR'S LICENSE OR CHAUFFEUR'S LICENSE ISSUED BY ANOTHER STATE WITHOUT CONFIRMATION THAT THE PERSON IS TERMINATING OR HAS TERMINATED THE OPERATOR'S LICENSE OR CHAUFFEUR'S LICENSE ISSUED BY THE OTHER STATE.

    (17) THE SECRETARY OF STATE SHALL DO ALL OF THE FOLLOWING:

    (A) ENSURE THE PHYSICAL SECURITY OF LOCATIONS WHERE OPERATOR'S LICENSES AND CHAUFFEUR'S LICENSES ARE PRODUCED AND THE SECURITY OF DOCUMENT MATERIALS AND PAPERS FROM WHICH OPERATOR'S LICENSES AND CHAUFFEUR'S LICENSES ARE PRODUCED.

    (B) SUBJECT ALL PERSONS AUTHORIZED TO MANUFACTURE OR PRODUCE OPERATOR'S LICENSES OR CHAUFFEUR'S LICENSES AND ALL PERSONS WHO HAVE THE ABILITY TO AFFECT THE IDENTITY INFORMATION THAT APPEARS ON

OPERATOR'S LICENSES OR CHAUFFEUR'S LICENSES TO APPROPRIATE SECURITY CLEARANCE REQUIREMENTS. THE SECURITY REQUIREMENTS OF THIS SUBDIVISION AND SUBDIVISION (A) MAY REQUIRE THAT LICENSES BE MANUFACTURED OR PRODUCED IN THIS STATE.

    (C) PROVIDE FRAUDULENT DOCUMENT RECOGNITION PROGRAMS TO DEPARTMENT OF STATE EMPLOYEES ENGAGED IN THE ISSUANCE OF OPERATOR'S LICENSES AND CHAUFFEUR'S LICENSES.]

24        Sec. 310. (1) The secretary of state shall issue an

25  operator's license to each person licensed as an operator and a

26  chauffeur's license to each person licensed as a chauffeur. An

27  applicant for a motorcycle indorsement under section 312a or a

 1  vehicle group designation or indorsement shall first qualify for

 2  an operator's or chauffeur's license before the indorsement or

 3  vehicle group designation application is accepted and processed.

 4  On and after July 1, 2003, an An original license or the first

 5  renewal of an existing license issued to a person less than 21

 6  years of age shall be portrait or vertical in form and a license

 7  issued to a person 21 years of age or over shall be landscape or

 8  horizontal in form.

 9        (2) The license issued under subsection (1) shall contain

10  all of the following: information:

11        (a) The distinguishing number permanently assigned to the

12  licensee.

13        (b) The full legal name, date of birth, address of

14  residence, height, eye color, sex, digital photographic image,

15  expiration date, and signature of the licensee.

16        (c) Until January 1, 2007, a place for the licensee to

17  indicate 1 or more of the following:

18        (i) The blood type of the licensee.

19        (ii) Immunization data of the licensee.

20        (iii) Medication data of the licensee.

21        (iv) A statement that the licensee is deaf.

22        (v) Until January 1, 2007, a statement that the licensee is

23  an organ and tissue donor under part 101 of the public health

24  code, 1978 PA 368, MCL 333.10101 to 333.10109.

25        (vi) Emergency contact information of the licensee.

26        (vii) A sticker or decal as specified by the secretary of

27  state to indicate that the licensee has designated 1 or more

 1  patient advocates in accordance with section 5506 of the estates

 2  and protected individuals code, 1998 PA 386, MCL 700.5506, or a

 3  statement that the licensee carries an emergency medical

 4  information card.

 5        (d) Until January 1, 2007, if the licensee has made a

 6  statement described in subdivision (c)(v), the signature of the

 7  licensee following the indication of his or her organ and tissue

 8  donor intent identified in subdivision (c)(v), along with the

 9  signature of at least 1 witness.

10        (e) In the case of a licensee who is less than 18 years of

11  age at the time of issuance of the license, the date on which the

12  licensee will become 18 years of age and 21 years of age.

13        (f) In the case of a licensee who is at least 18 years of

14  age but less than 21 years of age at the time of issuance of the

15  license, the date on which the licensee will become 21 years of

16  age.

17  (c) (g) Beginning January 1, 2007, in In the case of a

18  licensee who has indicated his or her wish to participate in the

19  organ and tissue donor registry under part 101 of the public

20  health code, 1978 PA 368, MCL 333.10101 to 333.10109, a heart

21  insignia on the front of the license.

22        (d) Physical security features designed to prevent

23  tampering, counterfeiting, or duplication of the license for

24  fraudulent purposes.

25        (3) Except as otherwise required under this chapter, other

26  information required on the license pursuant to this chapter may

27  appear on the license in a form prescribed by the secretary of

 1  state.

 2        (4) The license shall not contain a fingerprint or finger

 3  image of the licensee.

 4        (5) A digitized license may contain an identifier for voter

 5  registration purposes. The digitized license may contain

 6  information appearing in electronic or machine readable codes

 7  needed to conduct a transaction with the secretary of state. The

 8  information shall be limited to the person's driver license

 9  number, birth date, license expiration date, and other

10  information necessary for use with electronic devices, machine

11  readers, or automatic teller machines and shall not contain the

12  person's name, address, driving record, or other personal

13  identifier. The license shall identify the encoded information.

14        (6) The license shall be manufactured in a manner to

15  prohibit as nearly as possible the ability to reproduce, alter,

16  counterfeit, forge, or duplicate the license without ready

17  detection. In addition, a license with a vehicle group

18  designation shall contain the information required under 49 CFR

19  part 383.

20        (7) Except as provided in subsection (11), a person who

21  intentionally reproduces, alters, counterfeits, forges, or

22  duplicates a license photograph, the negative of the photograph,

23  image, license, or electronic data contained on a license or a

24  part of a license or who uses a license, image, or photograph

25  that has been reproduced, altered, counterfeited, forged, or

26  duplicated is subject to 1 of the following:

27        (a) If the intent of the reproduction, alteration,

 1  counterfeiting, forging, duplication, or use is to commit or aid

 2  in the commission of an offense that is a felony punishable by

 3  imprisonment for 10 or more years, the person committing the

 4  reproduction, alteration, counterfeiting, forging, duplication,

 5  or use is guilty of a felony, punishable by imprisonment for not

 6  more than 10 years or a fine of not more than $20,000.00, or

 7  both.

 8        (b) If the intent of the reproduction, alteration,

 9  counterfeiting, forging, duplication, or use is to commit or aid

10  in the commission of an offense that is a felony punishable by

11  imprisonment for less than 10 years or a misdemeanor punishable

12  by imprisonment for 6 months or more, the person committing the

13  reproduction, alteration, counterfeiting, forging, duplication,

14  or use is guilty of a felony, punishable by imprisonment for not

15  more than 5 years, or a fine of not more than $10,000.00, or

16  both.

17        (c) If the intent of the reproduction, alteration,

18  counterfeiting, forging, duplication, or use is to commit or aid

19  in the commission of an offense that is a misdemeanor punishable

20  by imprisonment for less than 6 months, the person committing the

21  reproduction, alteration, counterfeiting, forging, duplication,

22  or use is guilty of a misdemeanor punishable by imprisonment for

23  not more than 1 year or a fine of not more than $2,000.00, or

24  both.

25        (8) Except as provided in subsections (11) and (16), a

26  person who sells, or who possesses with the intent to deliver to

27  another, a reproduced, altered, counterfeited, forged, or

 1  duplicated license photograph, negative of the photograph, image,

 2  license, or electronic data contained on a license or part of a

 3  license is guilty of a felony punishable by imprisonment for not

 4  more than 5 years or a fine of not more than $10,000.00, or both.

 5        (9) Except as provided in subsections (11) and (16), a

 6  person who is in possession of 2 or more reproduced, altered,

 7  counterfeited, forged, or duplicated license photographs,

 8  negatives of the photograph, images, licenses, or electronic data

 9  contained on a license or part of a license is guilty of a felony

10  punishable by imprisonment for not more than 5 years or a fine of

11  not more than $10,000.00, or both.

12        (10) Except as provided in subsection (16), a person who is

13  in possession of a reproduced, altered, counterfeited, forged, or

14  duplicated license photograph, negative of the photograph, image,

15  license, or electronic data contained on a license or part of a

16  license is guilty of a misdemeanor punishable by imprisonment for

17  not more than 1 year or a fine of not more than $2,000.00, or

18  both.

19        (11) Subsections (7)(a) and (b), (8), and (9) do not apply

20  to a minor whose intent is to violate section 703 of the Michigan

21  liquor control code of 1998, 1998 PA 58, MCL 436.1703.

22        (12) The secretary of state, upon determining after an

23  examination that an applicant is mentally and physically

24  qualified to receive a license, may issue the applicant a

25  temporary driver's permit. The temporary driver's permit entitles

26  the applicant, while having the permit in his or her immediate

27  possession, to drive a motor vehicle upon the highway for a

 1  period not exceeding 60 days before the secretary of state has

 2  issued the applicant an operator's or chauffeur's license. The

 3  secretary of state may establish a longer duration for the

 4  validity of a temporary driver's permit if necessary to

 5  accommodate the process of obtaining a background check that is

 6  required for an applicant by federal law.

 7        (13) An operator or chauffeur may indicate on the license in

 8  a place designated by the secretary of state his or her blood

 9  type, emergency contact information, immunization data,

10  medication data, or a statement that the licensee is deaf. , or,

11  until January 1, 2007, a statement that the licensee is an organ

12  and tissue donor and has made an anatomical gift under part 101

13  of the public health code, 1978 PA 368, MCL 333.10101 to

14  333.10109.

15        (14) An operator or chauffeur may indicate on the license in

16  a place designated by the secretary of state that he or she has

17  designated a patient advocate in accordance with sections 5506 to

18  5513 5515 of the estates and protected individuals code, 1998 PA

19  386, MCL 700.5506 to 700.5513 700.5515.

20        (15) If the applicant provides proof to the secretary of

21  state that he or she is a minor who has been emancipated under

22  1968 PA 293, MCL 722.1 to 722.6, the license shall bear the

23  designation of the individual's emancipated status in a manner

24  prescribed by the secretary of state.

25        (16) Subsections (8), (9), and (10) do not apply to a person

26  who is in possession of 1 or more photocopies, reproductions, or

27  duplications of a license to document the identity of the

 1  licensee for a legitimate business purpose.

 2        (17) The A sticker or decal described in subsection

 3  (2)(c)(vii) may be provided by any person, hospital, school,

 4  medical group, or association interested in assisting in

 5  implementing the an emergency medical information card, but shall

 6  meet the specifications of the secretary of state. The An

 7  emergency medical information card may contain the information

 8  described in subsection (2)(c)(vi), information concerning the

 9  licensee's patient advocate designation, other emergency medical

10  information, or an indication as to where the licensee has stored

11  or registered emergency medical information.

12        (18) Beginning January 1, 2007, the The secretary of state

13  shall inquire of each licensee, in person or by mail, whether the

14  licensee agrees to participate in the organ, tissue, and eye

15  donor registry under part 101 of the public health code, 1978 PA

16  368, MCL 333.10101 to 333.10109.

17        (19) A licensee who has agreed to participate in the organ,

18  tissue, and eye donor registry under part 101 of the public

19  health code, 1978 PA 368, MCL 333.10101 to 333.10109, shall not

20  be considered to have revoked that agreement solely because the

21  licensee's license has been revoked or suspended or has expired.

22  Enrollment in the organ, tissue, and eye donor registry

23  constitutes a legal agreement that remains binding and in effect

24  after the donor's death regardless of the expressed desires of

25  the deceased donor's next of kin who may oppose the donor's

26  organ, tissue, or eye donation.

27        Sec. 315. (1) An operator or chauffeur who changes his or

 1  her residence before the expiration of a license granted under

 2  this chapter shall immediately notify the secretary of state of

 3  his or her new residence address. A change of address

 4  notification shall be in a manner prescribed by the secretary of

 5  state and may include notification by personally appearing at a

 6  branch office of the secretary of state or other location

 7  designated by the secretary of state, or a notification by mail,

 8  telephone, electronically, by submitting a voter registration

 9  application unless the person registers to vote in a city,

10  village, or township that prohibits the operation of motor

11  vehicles by law or ordinance, or by any other means prescribed by

12  the secretary of state. The secretary of state shall provide the

13  person changing his or her residence address the notice required

14  by section 307(1)(b) 307(1)(c) that, under sections 509o and 509r

15  of the Michigan election law, 1954 PA 116, MCL 168.509o and

16  168.509r, the secretary of state is required to use the residence

17  address provided on this change of address application as the

18  person's residence address on the qualified voter file for voter

19  registration and voting. However, a person may submit to the

20  secretary of state a mailing address that is different than his

21  or her residence address.

22        (2) Upon receiving a change of address notification, the

23  secretary of state shall change the person's driver license

24  record to indicate the new residence address. The secretary of

25  state shall provide the person with a new license or a label or

26  some other mechanism containing the new residence address. Upon

27  receipt of the label or other mechanism, the person shall affix

 1  the label or mechanism to his or her operator's or chauffeur's

 2  license as prescribed by the secretary of state. If the secretary

 3  of state furnished the person with a new license, the person

 4  shall destroy his or her old license and replace it with the new

 5  license.

 6        (3) If a person fails to report a change of his or her

 7  residence address as required under this section and subsequently

 8  there is no response to a notice mailed to the residence address

 9  shown by the record of the secretary of state or if the person

10  has provided the secretary of state a mailing address different

11  from his or her residence address and there is no response to a

12  notice mailed to that mailing address, the secretary of state may

13  immediately suspend or revoke his or her license. A person who

14  fails to report a change of his or her residence address is

15  responsible for a civil infraction.

16        (4) A person shall not knowingly report a change of address

17  to the secretary of state for himself or herself that is not his

18  or her residence address. A person shall not knowingly report a

19  change of address to the secretary of state for another person

20  without the consent of the other person. A person who is

21  convicted of a violation of this subsection is guilty of a

22  misdemeanor punishable by imprisonment for not more than 93 days

23  or a fine of $1,000.00, or both. Upon receiving the abstract of a

24  conviction under this subsection, the secretary of state may

25  suspend the person's operator's or chauffeur's license for 6

26  months. The secretary of state shall not issue a restricted

27  license to the person during the suspension.

 1        (5) Upon a second or subsequent conviction under subsection

 2  (4), a person is guilty of a misdemeanor punishable by

 3  imprisonment for not more than 93 days or a fine of $5,000.00, or

 4  both. Upon receiving the abstract of a second or subsequent

 5  conviction under subsection (4), the secretary of state shall

 6  revoke the person's operator's or chauffeur's license.

 7        (6) The suspension or revocation of an operator's or

 8  chauffeur's license under subsection (4) or (5) is not appealable

 9  under section 323.

10        Sec. 318. The secretary of state may suspend or revoke the

11  license of a resident of this state issued under this act upon

12  receiving notice of the conviction of that person in another

13  state of an offense in that state, or the determination of

14  responsibility of that person in an administrative adjudication

15  in another state for a violation in that state which, if

16  committed in this state, would be grounds for the suspension or

17  revocation of the license of an operator or chauffeur.

18        Sec. 511. (1) (a) Whenever any If a person fails within 30

19  days to satisfy any a judgment, the clerk of the court, or of the

20  judge of a court which that has no clerk, in which the judgment

21  is rendered shall forward to the secretary of state immediately

22  upon the request of the plaintiff or his plaintiff's attorney

23  after the expiration of 30 days an abstract of the court record

24  of the judgment properly certified, on forms supplied by the

25  department.

26  (2) (b) Failure, refusal, or neglect to comply with the

27  provisions of paragraph (a) of this section shall constitute

 1  subsection (1) constitutes misconduct in office and shall be is

 2  grounds for removal therefrom from office.

 3  (3) (c) If the defendant named in any an abstract of court

 4  record reported to the secretary of state under subsection (1) is

 5  a nonresident, the secretary of state shall transmit a certified

 6  copy of the abstract of court record to the official in charge of

 7  the issuance of issuing licenses and registration certificates of

 8  the state of which the defendant is a resident in which the

 9  defendant resides.

10        Sec. 728. (1) When a person is arrested without a warrant

11  for a violation of this act punishable as a misdemeanor, or an

12  ordinance substantially corresponding to a provision of this act

13  and punishable as a misdemeanor, under conditions not referred to

14  in section 617, 619, or 727, the arresting officer shall prepare,

15  as soon as possible and as completely as possible, an original

16  and 3 copies of a written citation to appear in court containing

17  the name and address of the person, the violation charged, and

18  the time and place when and where the person shall appear in

19  court. The officer shall inform the offender of the violation and

20  shall give the second copy of the citation to the alleged

21  offender. If the arrested person demands, he or she shall be

22  arraigned by a magistrate or probate court as provided in section

23  727 in lieu of being given the citation.

24        (2) The time specified in the citation to appear shall be

25  within a reasonable time after the arrest.

26        (3) The place specified in the citation to appear shall be

27  before a magistrate or probate court within the county in which

 1  the violation charged is alleged to have been committed and who

 2  has jurisdiction of the violation.

 3        (4) Appearance may be made in person, by representation, or

 4  by mail. If appearance is made by representation or mail, the

 5  magistrate may accept the plea of guilty or not guilty for

 6  purposes of arraignment, with the same effect as though the

 7  person personally appeared before him or her. The magistrate, by

 8  giving 5 days' notice of the date of appearance, may require

 9  appearance in person at the time and place designated in the

10  citation.

11        (5) If a person who is not a resident of this state

12  nonresident is arrested without warrant for a violation of this

13  act which that is punishable as a misdemeanor, or an ordinance

14  substantially corresponding to a provision of this act and

15  punishable as a misdemeanor, under conditions not referred to in

16  section 727, the arresting officer, upon demand of the arrested

17  person, immediately shall take the person for arraignment by a

18  magistrate in the vicinity to answer to the complaint made

19  against the person. If a magistrate is not available or an

20  immediate trial cannot be had, the person arrested may recognize

21  to the officer for his or her appearance by leaving with the

22  officer a guaranteed appearance certificate or a sum of money not

23  to exceed $100.00, in which case the following provisions apply:

24        (a) The officer making the arrest shall give a receipt to

25  the person arrested for the guaranteed appearance certificate or

26  the money deposited together with a written citation as provided

27  in subsection (1).

 1        (b) If the alleged offender fails to appear as required in

 2  the citation, the guaranteed appearance certificate or deposit

 3  shall be forfeited as in other cases of default in bail in

 4  addition to any other penalty provided in this chapter.

 5        (c) At or before the completion of his or her tour of duty,

 6  a police officer taking a certificate or deposit of money shall

 7  deliver the certificate or deposit of money either to the

 8  magistrate named in the citation together with a report of the

 9  facts relating to the arrest, or to the police chief or person

10  authorized by the police chief to receive certificates and

11  deposits. The police chief or person authorized by the police

12  chief shall deposit with the court the certificate or the money

13  deposited and the citation in the same manner as prescribed for

14  citations in section 728a. Failure to make a report and deliver

15  the money deposited is embezzlement of public money.

16        (d) "Guaranteed appearance certificate" means a card or

17  certificate containing a printed statement that a surety company

18  authorized to do business in this state guarantees the appearance

19  of the person whose signature appears on the card or certificate,

20  and that the company, if the person fails to appear in court at

21  the time of trial or sentencing or to pay any fines or costs

22  imposed pursuant to under this act, will pay any fine, costs, or

23  bond forfeiture imposed on the person in a total amount not to

24  exceed $200.00.

25        (6) An officer making an arrest under this chapter for a

26  misdemeanor without a warrant, except under section 727, is not

27  entitled to any fees for making the arrest or the issuance of a

 1  citation under this section.

 2        (7) An officer or magistrate violating who violates this

 3  section is guilty of misconduct in office and subject to removal

 4  from office.

 5        (8) A police officer may issue a citation to a person who is

 6  a driver an operator of a motor vehicle involved in an accident

 7  if, based upon personal investigation, the officer has reasonable

 8  cause to believe that the person has committed a misdemeanor

 9  under this act in connection with the accident. The officer shall

10  prepare an original and 3 copies of the citation, setting forth

11  the name and address of the person, the violation that may be

12  charged against the person, and the time and place of the

13  appearance of the person in court. The citation shall inform the

14  person of the office, bureau, or department to which requests for

15  a change or adjournment of the court date may be made.

16        (9) If the citation is issued to a person who is operating a

17  commercial motor vehicle, the citation shall contain the vehicle

18  group designation and indorsement description of the vehicle

19  operated by the person at the time of the alleged violation.

20        Sec. 749. (1) When a person who is not a resident of this

21  state nonresident is stopped under section 742 for a civil

22  infraction, pursuant to section 742, the police officer making

23  the stop shall take that person's driver's operator's license or

24  chauffeur's license as security for the nonresident's appearance

25  in court and satisfaction of any order which that may be issued

26  under section 907 and shall issue to that person a citation as

27  provided in sections 727c and 742. At or before the completion of

 1  his or her tour of duty, a police officer taking the driver's

 2  operator's license or chauffeur's license shall deliver the

 3  driver's that license either to the court named in the citation

 4  or to the police chief or person authorized by the police chief

 5  to receive citations and drivers' operator's licenses and

 6  chauffeur's licenses. The police chief or person authorized shall

 7  deposit the driver's license and citation with the court in the

 8  same manner as prescribed for citations in section 728a. Failure

 9  to deliver the license shall be considered contempt of court. If

10  the person does not have a an operator's license or a chauffeur's

11  license in immediate possession in violation of section 301 or a

12  license or the receipt described in section 311a in violation of

13  section 311, the officer shall arrest that person pursuant to

14  under section 727(4) 727(d).

15        (2) In lieu of the officer's taking of the license under

16  subsection (1) or before appearance in court, the person stopped

17  may recognize to the officer or to the court for his or her

18  appearance by leaving with the officer or court a guaranteed

19  appearance certificate or a sum of money not to exceed $100.00.

20        (3) If a magistrate is available for an immediate

21  appearance, upon demand of the person stopped, the officer

22  immediately shall take the nonresident driver before the

23  magistrate to answer to the civil infraction alleged. Upon entry

24  of an admission of responsibility for the civil infraction, with

25  or without explanation, or upon completion of an informal

26  hearing, the defendant's license shall be returned if judgment is

27  entered for the defendant, if any adverse judgment entered

 1  against the defendant is satisfied, or if the defendant leaves

 2  with the court a guaranteed appearance certificate or a sum of

 3  money not to exceed $100.00 as security for payment of any fines

 4  or costs ordered. If the nonresident defendant requests a formal

 5  hearing, the hearing shall be scheduled as provided in section

 6  747 but the defendant's license shall be retained by the court

 7  until final resolution of the matter unless the defendant leaves

 8  with the court the guaranteed appearance certificate or deposit

 9  as provided in subsection (2) as security for appearance at the

10  scheduled formal hearing.

11        (4) The officer receiving a guaranteed appearance

12  certificate or deposit of money under subsection (2) shall give a

13  receipt to the person stopped for the guaranteed appearance

14  certificate or the money deposited together with the written

15  citation required under subsection (1).

16        (5) At or before the completion of his or her tour of duty a

17  police officer taking a certificate or deposit of money shall

18  deliver the certificate or deposit of money and the citation

19  either to the court named in the citation, or to the police chief

20  or person authorized by the police chief to receive certificates

21  or deposits. The police chief or person authorized shall deposit

22  the certificate or the money deposited and the citation with the

23  court in the same manner as prescribed for citations in section

24  728a. Failure to deliver the money deposited shall be

25  embezzlement of public money.

26        (6) If the person who posts a certificate or deposit fails

27  to appear as required in the citation or for a scheduled formal

 1  hearing, the court having jurisdiction and venue over the civil

 2  infraction shall enter a default judgment against the person, and

 3  the guaranteed appearance certificate or money deposited shall be

 4  forfeited and applied to any civil fine or costs ordered pursuant

 5  to under section 907.

 6        (7) For purposes of this section, "guaranteed appearance

 7  certificate" means a card or certificate containing a printed

 8  statement that a surety company authorized to do business in this

 9  state guarantees the appearance of the person whose signature

10  appears on the card or certificate, and that the company, if the

11  person fails to appear in court at the time of a scheduled

12  informal or formal hearing or to pay any fine or costs imposed

13  pursuant to under section 907, will pay any fine, costs, or bond

14  forfeiture imposed on the person in a total amount not to exceed

15  $200.00.

16        Sec. 801. (1) The secretary of state shall collect the

17  following taxes at the time of registering a vehicle, which shall

18  exempt the vehicle from all other state and local taxation,

19  except the fees and taxes provided by law to be paid by certain

20  carriers operating motor vehicles and trailers under the motor

21  carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed

22  by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to

23  207.234; and except as otherwise provided by this act:

24        (a) For a motor vehicle, including a motor home, except as

25  otherwise provided, and a pickup truck or van that weighs not

26  more than 8,000 pounds, except as otherwise provided, according

27  to the following schedule of empty weights:

1       Empty weights                                          Tax

2       0 to 3,000 pounds..................................$   29.00

3       3,001 to 3,500 pounds..............................    32.00

4       3,501 to 4,000 pounds..............................    37.00

5       4,001 to 4,500 pounds..............................    43.00

6       4,501 to 5,000 pounds..............................    47.00

7       5,001 to 5,500 pounds..............................    52.00

8       5,501 to 6,000 pounds..............................    57.00

9       6,001 to 6,500 pounds..............................    62.00

10      6,501 to 7,000 pounds..............................    67.00

11      7,001 to 7,500 pounds..............................    71.00

12      7,501 to 8,000 pounds..............................    77.00

13      8,001 to 8,500 pounds..............................    81.00

14      8,501 to 9,000 pounds..............................    86.00

15      9,001 to 9,500 pounds..............................    91.00

16      9,501 to 10,000 pounds.............................    95.00

17      over 10,000 pounds....................$ 0.90 per 100 pounds

18                                                  of empty weight

19        On October 1, 1983, and October 1, 1984, the tax assessed

20  under this subdivision shall be annually revised for the

21  registrations expiring on the appropriate October 1 or after that

22  date by multiplying the tax assessed in the preceding fiscal year

23  times the personal income of Michigan for the preceding calendar

24  year divided by the personal income of Michigan for the calendar

25  year that preceded that calendar year. In performing the

26  calculations under this subdivision, the secretary of state shall

27  use the spring preliminary report of the United States department

28  of commerce or its successor agency. A van that is owned by an

 1  individual who uses a wheelchair or by an individual who

 2  transports a resident member of his or her household who uses a

 3  wheelchair and for which registration plates are issued under

 4  section 803d shall be assessed at the rate of 50% of the tax

 5  provided for in this subdivision.

 6        (b) For a trailer coach attached to a motor vehicle, the tax

 7  shall be assessed as provided in subdivision (l). A trailer coach

 8  not under 1959 PA 243, MCL 125.1035 to 125.1043, and while

 9  located on land otherwise assessable as real property under the

10  general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if

11  the trailer coach is used as a place of habitation, and whether

12  or not permanently affixed to the soil, is not exempt from real

13  property taxes.

14        (c) For a road tractor, truck, or truck tractor owned by a

15  farmer and used exclusively in connection with a farming

16  operation, including a farmer hauling livestock or farm equipment

17  for other farmers for remuneration in kind or in labor, but not

18  for money, or used for the transportation of the farmer and the

19  farmer's family, and not used for hire, 74 cents per 100 pounds

20  of empty weight of the road tractor, truck, or truck tractor. If

21  the road tractor, truck, or truck tractor owned by a farmer is

22  also used for a nonfarming operation, the farmer is subject to

23  the highest registration tax applicable to the nonfarm use of the

24  vehicle but is not subject to more than 1 tax rate under this

25  act.

26        (d) For a road tractor, truck, or truck tractor owned by a

27  wood harvester and used exclusively in connection with the wood

 1  harvesting operations or a truck used exclusively to haul milk

 2  from the farm to the first point of delivery, 74 cents per 100

 3  pounds of empty weight of the road tractor, truck, or truck

 4  tractor. A registration secured by payment of the tax prescribed

 5  in this subdivision continues in full force and effect until the

 6  regular expiration date of the registration. As used in this

 7  subdivision:

 8        (i) "Wood harvester" includes the person or persons hauling

 9  and transporting raw materials in the form produced at the

10  harvest site or hauling and transporting wood harvesting

11  equipment. Wood harvester does not include a person or persons

12  whose primary activity is tree-trimming or landscaping.

13        (ii) "Wood harvesting equipment" includes all of the

14  following:

15        (A) A vehicle that directly harvests logs or timber,

16  including, but not limited to, a processor or a feller buncher.

17        (B) A vehicle that directly processes harvested logs or

18  timber, including, but not limited to, a slasher, delimber,

19  processor, chipper, or saw table.

20        (C) A vehicle that directly processes harvested logs or

21  timber, including, but not limited to, a forwarder, grapple

22  skidder, or cable skidder.

23        (D) A vehicle that directly loads harvested logs or timber,

24  including, but not limited to, a knucle-boom loader, front-end

25  loader, or forklift.

26        (E) A bulldozer or road grader being transported to a wood

27  harvesting site specifically for the purpose of building or

 1  maintaining harvest site roads.

 2        (iii) "Wood harvesting operations" does not include the

 3  transportation of processed lumber, Christmas trees, or processed

 4  firewood for a profit making venture.

 5        (e) For a hearse or ambulance used exclusively by a licensed

 6  funeral director in the general conduct of the licensee's funeral

 7  business, including a hearse or ambulance whose owner is engaged

 8  in the business of leasing or renting the hearse or ambulance to

 9  others, $1.17 per 100 pounds of the empty weight of the hearse or

10  ambulance.

11        (f) For a vehicle owned and operated by this state, a state

12  institution, a municipality, a privately incorporated, nonprofit

13  volunteer fire department, or a nonpublic, nonprofit college or

14  university, $5.00 per plate. A registration plate issued under

15  this subdivision expires on June 30 of the year in which new

16  registration plates are reissued for all vehicles by the

17  secretary of state.

18        (g) For a bus including a station wagon, carryall, or

19  similarly constructed vehicle owned and operated by a nonprofit

20  parents' transportation corporation used for school purposes,

21  parochial school or society, church Sunday school, or any other

22  grammar school, or by a nonprofit youth organization or nonprofit

23  rehabilitation facility; or a motor vehicle owned and operated by

24  a senior citizen center, $10.00, if the bus, station wagon,

25  carryall, or similarly constructed vehicle or motor vehicle is

26  designated by proper signs showing the organization operating the

27  vehicle.

 1        (h) For a vehicle owned by a nonprofit organization and used

 2  to transport equipment for providing dialysis treatment to

 3  children at camp; for a vehicle owned by the civil air patrol, as

 4  organized under 36 USC 40301 to 40307, $10.00 per plate, if the

 5  vehicle is designated by a proper sign showing the civil air

 6  patrol's name; for a vehicle owned and operated by a nonprofit

 7  veterans center; for a vehicle owned and operated by a nonprofit

 8  recycling center or a federally recognized nonprofit conservation

 9  organization; for a motor vehicle having a truck chassis and a

10  locomotive or ship's body that is owned by a nonprofit veterans

11  organization and used exclusively in parades and civic events; or

12  for an emergency support vehicle used exclusively for emergencies

13  and owned and operated by a federally recognized nonprofit

14  charitable organization, $10.00 per plate.

15        (i) For each truck owned and operated free of charge by a

16  bona fide ecclesiastical or charitable corporation, or red cross,

17  girl scout, or boy scout organization, 65 cents per 100 pounds of

18  the empty weight of the truck.

19        (j) For each truck, weighing 8,000 pounds or less, and not

20  used to tow a vehicle, for each privately owned truck used to tow

21  a trailer for recreational purposes only and not involved in a

22  profit making venture, and for each vehicle designed and used to

23  tow a mobile home or a trailer coach, except as provided in

24  subdivision (b), $38.00 or an amount computed according to the

25  following schedule of empty weights, whichever is greater:

26      Empty weights                               Per 100 pounds

1       0 to 2,500 pounds..............................  $   1.40

2       2,501 to 4,000 pounds..........................      1.76

3       4,001 to 6,000 pounds..........................      2.20

4       6,001 to 8,000 pounds..........................      2.72

5       8,001 to 10,000 pounds.........................      3.25

6       10,001 to 15,000 pounds........................      3.77

7       15,001 pounds and over.........................      4.39

 8        If the tax required under subdivision (p) for a vehicle of

 9  the same model year with the same list price as the vehicle for

10  which registration is sought under this subdivision is more than

11  the tax provided under the preceding provisions of this

12  subdivision for an identical vehicle, the tax required under this

13  subdivision is not less than the tax required under subdivision

14  (p) for a vehicle of the same model year with the same list

15  price.

16        (k) For each truck weighing 8,000 pounds or less towing a

17  trailer or any other combination of vehicles and for each truck

18  weighing 8,001 pounds or more, road tractor or truck tractor,

19  except as provided in subdivision (j) according to the following

20  schedule of elected gross weights:

21      Elected gross weight                                  Tax

22      0 to 24,000 pounds.............................. $    491.00

23      24,001 to 26,000 pounds.........................      558.00

24      26,001 to 28,000 pounds.........................      558.00

25      28,001 to 32,000 pounds.........................      649.00

26      32,001 to 36,000 pounds.........................      744.00

27      36,001 to 42,000 pounds.........................      874.00

1       42,001 to 48,000 pounds.........................    1,005.00

2       48,001 to 54,000 pounds.........................    1,135.00

3       54,001 to 60,000 pounds.........................    1,268.00

4       60,001 to 66,000 pounds.........................    1,398.00

5       66,001 to 72,000 pounds.........................    1,529.00

6       72,001 to 80,000 pounds.........................    1,660.00

7       80,001 to 90,000 pounds.........................    1,793.00

8       90,001 to 100,000 pounds........................    2,002.00

9       100,001 to 115,000 pounds.......................    2,223.00

10      115,001 to 130,000 pounds.......................    2,448.00

11      130,001 to 145,000 pounds.......................    2,670.00

12      145,001 to 160,000 pounds.......................    2,894.00

13      over 160,000 pounds.............................    3,117.00

14        For each commercial vehicle registered under this

15  subdivision, $15.00 shall be deposited in a truck safety fund to

16  be expended for the purposes prescribed in section 25 of 1951 PA

17  51, MCL 247.675.

18        If a truck or road tractor without trailer is leased from an

19  individual owner-operator, the lessee, whether a person, firm, or

20  corporation, shall pay to the owner-operator 60% of the tax

21  prescribed in this subdivision for the truck tractor or road

22  tractor at the rate of 1/12 for each month of the lease or

23  arrangement in addition to the compensation the owner-operator is

24  entitled to for the rental of his or her equipment.

25        (l) For each pole trailer, semitrailer, trailer coach, or

26  trailer, the tax shall be assessed according to the following

27  schedule of empty weights:

1       Empty weights                                          Tax

2       0 to 2,499 pounds................................ $    75.00

3       2,500 to 9,999 pounds............................     200.00

4       10,000 pounds and over...........................     300.00

 5        The registration plate issued under this subdivision expires

 6  only when the secretary of state reissues a new registration

 7  plate for all trailers. Beginning October 1, 2005, if the

 8  secretary of state reissues a new registration plate for all

 9  trailers, a person who has once paid the tax as increased by 2003

10  PA 152 for a vehicle under this subdivision is not required to

11  pay the tax for that vehicle a second time, but is required to

12  pay only the cost of the reissued plate at the rate provided in

13  section 804(2) for a standard plate. A registration plate issued

14  under this subdivision is nontransferable.

15        (m) For each commercial vehicle used for the transportation

16  of passengers for hire except for a vehicle for which a payment

17  is made under 1960 PA 2, MCL 257.971 to 257.972, according to the

18  following schedule of empty weights:

19      Empty weights                                  Per 100 pounds

20      0 to 4,000 pounds.............................. $    1.76

21      4,001 to 6,000 pounds..........................      2.20

22      6,001 to 10,000 pounds.........................      2.72

23      10,001 pounds and over.........................      3.25

24

25      (n) For each motorcycle........................ $   23.00

26        On October 1, 1983, and October 1, 1984, the tax assessed

 1  under this subdivision shall be annually revised for the

 2  registrations expiring on the appropriate October 1 or after that

 3  date by multiplying the tax assessed in the preceding fiscal year

 4  times the personal income of Michigan for the preceding calendar

 5  year divided by the personal income of Michigan for the calendar

 6  year that preceded that calendar year. In performing the

 7  calculations under this subdivision, the secretary of state shall

 8  use the spring preliminary report of the United States department

 9  of commerce or its successor agency.

10        Beginning January 1, 1984, the registration tax for each

11  motorcycle is increased by $3.00. The $3.00 increase is not part

12  of the tax assessed under this subdivision for the purpose of the

13  annual October 1 revisions but is in addition to the tax assessed

14  as a result of the annual October 1 revisions. Beginning January

15  1, 1984, $3.00 of each motorcycle fee shall be placed in a

16  motorcycle safety fund in the state treasury and shall be used

17  only for funding the motorcycle safety education program as

18  provided for under sections 312b and 811a.

19        (o) For each truck weighing 8,001 pounds or more, road

20  tractor, or truck tractor used exclusively as a moving van or

21  part of a moving van in transporting household furniture and

22  household effects or the equipment or those engaged in conducting

23  carnivals, at the rate of 80% of the schedule of elected gross

24  weights in subdivision (k) as modified by the operation of that

25  subdivision.

26        (p) After September 30, 1983, each motor vehicle of the 1984

27  or a subsequent model year as shown on the application required

 1  under section 217 that has not been previously subject to the tax

 2  rates of this section and that is of the motor vehicle category

 3  otherwise subject to the tax schedule described in subdivision

 4  (a), and each low-speed vehicle according to the following

 5  schedule based upon registration periods of 12 months:

 6        (i) Except as otherwise provided in this subdivision, for the

 7  first registration that is not a transfer registration under

 8  section 809 and for the first registration after a transfer

 9  registration under section 809, according to the following

10  schedule based on the vehicle's list price:

11      List Price                                            Tax

12      $ 0 - $ 6,000.00................................  $    30.00

13      More than $ 6,000.00 - $ 7,000.00...............  $    33.00

14      More than $ 7,000.00 - $ 8,000.00...............  $    38.00

15      More than $ 8,000.00 - $ 9,000.00...............  $    43.00

16      More than $ 9,000.00 - $ 10,000.00..............  $    48.00

17      More than $ 10,000.00 - $ 11,000.00.............  $    53.00

18      More than $ 11,000.00 - $ 12,000.00.............  $    58.00

19      More than $ 12,000.00 - $ 13,000.00.............  $    63.00

20      More than $ 13,000.00 - $ 14,000.00.............  $    68.00

21      More than $ 14,000.00 - $ 15,000.00.............  $    73.00

22      More than $ 15,000.00 - $ 16,000.00.............  $    78.00

23      More than $ 16,000.00 - $ 17,000.00.............  $    83.00

24      More than $ 17,000.00 - $ 18,000.00.............  $    88.00

25      More than $ 18,000.00 - $ 19,000.00.............  $    93.00

26      More than $ 19,000.00 - $ 20,000.00.............  $    98.00

27      More than $ 20,000.00 - $ 21,000.00.............  $   103.00

28      More than $ 21,000.00 - $ 22,000.00.............  $   108.00

29      More than $ 22,000.00 - $ 23,000.00.............  $   113.00

1       More than $ 23,000.00 - $ 24,000.00.............  $   118.00

2       More than $ 24,000.00 - $ 25,000.00.............  $   123.00

3       More than $ 25,000.00 - $ 26,000.00.............  $   128.00

4       More than $ 26,000.00 - $ 27,000.00.............  $   133.00

5       More than $ 27,000.00 - $ 28,000.00.............  $   138.00

6       More than $ 28,000.00 - $ 29,000.00.............  $   143.00

7       More than $ 29,000.00 - $ 30,000.00.............  $   148.00

 8        More than $30,000.00, the tax of $148.00 is increased by

 9  $5.00 for each $1,000.00 increment or fraction of a $1,000.00

10  increment over $30,000.00. If a current tax increases or

11  decreases as a result of 1998 PA 384, only a vehicle purchased or

12  transferred after January 1, 1999 shall be assessed the increased

13  or decreased tax.

14        (ii) For the second registration, 90% of the tax assessed

15  under subparagraph (i).

16        (iii) For the third registration, 90% of the tax assessed

17  under subparagraph (ii).

18        (iv) For the fourth and subsequent registrations, 90% of the

19  tax assessed under subparagraph (iii).

20        For a vehicle of the 1984 or a subsequent model year that

21  has been previously registered by a person other than the person

22  applying for registration or for a vehicle of the 1984 or a

23  subsequent model year that has been previously registered in

24  another state or country and is registered for the first time in

25  this state, the tax under this subdivision shall be determined by

26  subtracting the model year of the vehicle from the calendar year

27  for which the registration is sought. If the result is zero or a

 1  negative figure, the first registration tax shall be paid. If the

 2  result is 1, 2, or 3 or more, then, respectively, the second,

 3  third, or subsequent registration tax shall be paid. A van that

 4  is owned by an individual who uses a wheelchair or by an

 5  individual who transports a resident member of his or her

 6  household who uses a wheelchair and for which registration plates

 7  are issued under section 803d shall be assessed at the rate of

 8  50% of the tax provided for in this subdivision.

 9        (q) For a wrecker, $200.00.

10        (r) When the secretary of state computes a tax under this

11  section, a computation that does not result in a whole dollar

12  figure shall be rounded to the next lower whole dollar when the

13  computation results in a figure ending in 50 cents or less and

14  shall be rounded to the next higher whole dollar when the

15  computation results in a figure ending in 51 cents or more,

16  unless specific taxes are specified, and the secretary of state

17  may accept the manufacturer's shipping weight of the vehicle

18  fully equipped for the use for which the registration application

19  is made. If the weight is not correctly stated or is not

20  satisfactory, the secretary of state shall determine the actual

21  weight. Each application for registration of a vehicle under

22  subdivisions (j) and (m) shall have attached to the application a

23  scale weight receipt of the vehicle fully equipped as of the time

24  the application is made. The scale weight receipt is not

25  necessary if there is presented with the application a

26  registration receipt of the previous year that shows on its face

27  the weight of the motor vehicle as registered with the secretary

 1  of state and that is accompanied by a statement of the applicant

 2  that there has not been a structural change in the motor vehicle

 3  that has increased the weight and that the previous registered

 4  weight is the true weight.

 5        (2) A manufacturer is not exempted under this act from

 6  paying ad valorem taxes on vehicles in stock or bond, except on

 7  the specified number of motor vehicles registered. A dealer is

 8  exempt from paying ad valorem taxes on vehicles in stock or bond.

 9        (3) Until October 1, 2009, the tax for a vehicle with an

10  empty weight over 10,000 pounds imposed under subsection (1)(a)

11  and the taxes imposed under subsection (1)(c), (d), (e), (f),

12  (i), (j), (m), (o), and (p) are each increased as follows:

13        (a) A regulatory fee of $2.25 that shall be credited to the

14  traffic law enforcement and safety fund created in section 819a

15  and used to regulate highway safety.

16        (b) A fee of $5.75 that shall be credited to the

17  transportation administration collection fund created in section

18  810b.

19        (4) If a tax required to be paid under this section is not

20  received by the secretary of state on or before the expiration

21  date of the registration plate, the secretary of state shall

22  collect a late fee of $10.00 for each registration renewed after

23  the expiration date. An application for a renewal of a

24  registration using the regular mail and postmarked before the

25  expiration date of that registration shall not be assessed a late

26  fee. The late fee collected under this subsection shall be

27  deposited into the general fund.

 1        (5) As used in this section:

 2        (a) "Gross proceeds" means that term as defined in section 1

 3  of the general sales tax act, 1933 PA 167, MCL 205.51, and

 4  includes the value of the motor vehicle used as part payment of

 5  the purchase price as that value is agreed to by the parties to

 6  the sale, as evidenced by the signed agreement executed under

 7  section 251.

 8        (b) "List price" means the manufacturer's suggested base

 9  list price as published by the secretary of state, or the

10  manufacturer's suggested retail price as shown on the label

11  required to be affixed to the vehicle under 15 USC 1232, if the

12  secretary of state has not at the time of the sale of the vehicle

13  published a manufacturer's suggested retail price for that

14  vehicle, or the purchase price of the vehicle if the

15  manufacturer's suggested base list price is unavailable from the

16  sources described in this subdivision.

17        (c) "Purchase price" means the gross proceeds received by

18  the seller in consideration of the sale of the motor vehicle

19  being registered.

20        Sec. 814. (a) Whenever it shall appear If it appears to the

21  secretary of state that the a motor vehicle was purchased by the

22  an applicant in any a state other than Michigan this state,

23  unless the applicant produces a certificate of title duly issued

24  to him the applicant under the laws of such that state, or a

25  certificate of registration or registered bill of sale issued

26  under the provisions of the laws of such states another state

27  showing the applicant for a Michigan certificate of title to have

 1  been resident of resided in the state which has that issued such

 2  the certificate of title, certificate of registration, or

 3  registered bill of sale, it shall be the duty of the secretary of

 4  state to shall conduct an investigation of said the purchase and

 5  sale and of the title to said the motor vehicle. The If the

 6  secretary of state , if is satisfied that the applicant is the

 7  owner of such the motor vehicle, or is otherwise entitled to have

 8  the same registered in his register the motor vehicle in the

 9  applicant's name, shall thereupon the secretary of state shall

10  issue to the applicant an appropriate certificate of title in

11  accordance with under section 217. of this act. Before the

12  secretary of state shall issue such a issues the certificate of

13  title, the applicant shall attach to his the application a

14  statement showing the amount of use tax due upon the motor

15  vehicle described in the application on a form prescribed by the

16  state board of tax administration treasurer, together with the

17  amount of the use tax due upon such the motor vehicle, under the

18  provisions of Act No. 94 of the Public Acts of 1937, except that

19  when such use tax act, 1937 PA 94, MCL 205.91 to 205.111.

20  However, if the motor vehicle is exempt by law from the payment

21  of use tax, no such use tax shall be paid.

22        (b) It shall be the duty of the The secretary of state to

23  forthwith shall transmit such the statement and the funds

24  collected under subdivision (a) covering the payment of the use

25  tax to the state board of tax administration treasurer. The

26  secretary of state shall not issue a certificate of title on any

27  such for a motor vehicles vehicle until the provisions hereof

 1  with respect to the payment of the use tax have been complied

 2  with requirements of this section are satisfied. All owners of

 3  motor vehicles purchased without the state of Michigan who shall

 4  have An owner of a motor vehicle purchased outside of this state

 5  who paid the use tax to the secretary of state , as herein

 6  provided, shall not be under this section is not required to

 7  comply with sections 6, 7, and 8 of Act No. 94 of the Public Acts

 8  of 1937 of the state of Michigan the use tax act, 1937 PA 94, MCL

 9  205.96, 205.97, and 205.98.

10        (c) Any person owning An owner of a motor vehicle purchased

11  from a Michigan dealer in this state without application of sales

12  tax by reason of the exercise of any of the provisions of

13  subsection (j) of section 4a of Act No. 167 of the Public Acts of

14  1933, as amended, being sections 205.51 to 205.78 of the Compiled

15  Laws of 1948 due to an exemption under section 4a of the general

16  sales tax act, 1933 PA 167, MCL 205.54a, who later by reason of

17  storage or use is required to register such the vehicle in

18  Michigan this state shall pay a use tax at the time of

19  registration, except when such vehicle is exempt by law, computed

20  on the retail dollar value of a like vehicle, except when the

21  motor vehicle is exempt from the use tax. The secretary of state

22  shall use as his or her guide the retail dollar value as is shown

23  in from the current issue of any nationally recognized used

24  vehicle guide for financial institution appraisal purposes in

25  Michigan this state.

26        Sec. 819. (1) Except as provided in subsections (2) and (3),

27  revenue from the increases in fees provided in the 1987

 1  amendatory act that added this section is appropriated to PA 232

 2  shall be deposited in the transportation economic development

 3  fund established in section 2 of 1987 PA 231, MCL 247.902, and

 4  shall not be appropriated for any other purpose in any act making

 5  appropriations of state funds.

 6        (2) For the fiscal year ending September 30, 1988, of the

 7  revenue from the increases in fees provided by the 1987

 8  amendatory act that added this section, $1,350,000.00 shall be

 9  deposited in the state treasury and credited to the general fund,

10  except that not more than $500,000.00 shall be credited to the

11  gasoline inspection and testing fund created in section 8 of Act

12  No. 44 of the Public Acts of 1984, being section 290.648 of the

13  Michigan Compiled Laws, and $100,000.00 shall be used during

14  either the fiscal year ending September 30, 1990, or the fiscal

15  year ending September 30, 1991, for research of products derived

16  from corn grown in this state for, but not limited to

17  transportation purposes as described in section 9 of article IX

18  of the state constitution of 1963.

19  (2) (3) For the fiscal year ending September 30, 1989, and

20  each fiscal year thereafter, of the revenue from the increases in

21  fees provided in the 1987 amendatory act that added this section

22  PA 232, $2,500,000.00 shall be deposited in the state treasury

23  and credited to the general fund, except that not more than

24  $1,000,000.00 shall be credited to the gasoline inspection and

25  testing fund established in section 8 of the motor fuels quality

26  act, 1984 PA 44, MCL 290.648.