HB-4505, As Passed Senate, February 14, 2008

SENATE 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, 314, 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, 257.314, 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, 307, and 314 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

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

 2  number, social security number, telephone number, digitized

 3  signature, and medical and disability information. Personal

 4  information does not include information on driving and

 5  equipment-related violations or civil infractions, driver or

 6  vehicle registration status, vehicular accidents, or other

 7  behaviorally-related information.

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

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

10  digitized signature, and medical and disability information, and

11  source documents presented by an applicant to obtain an

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

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

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

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

16  1954 PA 116, MCL 168.11.

17        Sec. 51a. "Resident" means every person who resides in a

18  settled or permanent home or domicile with the intention of

19  remaining in this state. A person who obtains employment in this

20  state is presumed to have the intention of remaining in this

21  state and establishes that he or she is legally present in the

22  United States. This definition shall apply applies to the

23  provisions of this act only.

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

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

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

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

 1  which the person resides, if a nonresident.

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

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

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

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

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

 7  in which the person resides, if a nonresident.

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

 9  license under this chapter:

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

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

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

13  military driver and operates a commercial motor vehicle for a

14  military purpose. This exemption applies to active duty military

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

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

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

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

19  guard training, and national guard military technicians who are

20  civilians required to wear military uniforms. This exemption does

21  not apply to any of the following:

22        (i) United States reserve technicians.

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

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

25  the United States.

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

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

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

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

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

 4  license under section 307(1).

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

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

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

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

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

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

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

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

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

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

15  apply:

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

17  country of the nonresident.

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

19  registration card evidencing ownership and registration of the

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

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

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

23  proper identity.

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

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

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

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

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

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

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

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

 5  absence following the expiration of his or her license and

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

 7  not to exceed 30 days.

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

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

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

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

12  of discharge.

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

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

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

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

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

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

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

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

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

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

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

24  is not disqualified from operating a commercial motor vehicle and

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

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

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

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

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

 3  age, except as otherwise provided in this act.

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

 5  age, except as otherwise provided in this act.

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

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

 8  cancellation is not from the jurisdiction that issued the last

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

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

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

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

13  afflicted with or suffering from a physical or mental disability

14  or disease preventing that person from exercising reasonable and

15  ordinary control over a motor vehicle while operating the motor

16  vehicle upon the highways.

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

18  direction signs in the English language.

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

20  ability test administered by the secretary of state in connection

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

22  license, original motorcycle indorsement, or an original or

23  renewal of a vehicle group designation or vehicle indorsement.

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

25  juvenile disposition for, or has been determined responsible for

26  2 or more moving violations under a law of this state, a local

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

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

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

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

 4  this state, another state, or another country.

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

 6  exchange student.

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

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

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

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

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

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

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

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

15  as provided under section 321a.

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

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

18  been determined responsible for a crime or civil infraction

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

20  license under this subdivision for the length of time

21  corresponding to the period of the licensing sanction that would

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

23  had been licensed at the time of the violation.

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

25  convicted of or received a juvenile disposition for committing a

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

27  license under this subdivision for the length of time that

 1  corresponds to the period of the licensing sanction that would

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

 3  licensed at the time of the violation.

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

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

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

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

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

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

10  sanction that would have been imposed under those sections had

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

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

13  canceled under section 324(2).

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

15  who is not a citizen of the United States.

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

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

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

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

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

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

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

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

24  reckless driving in violation of section 626.

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

26  for any of the following:

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

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

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

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

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

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

 6  those crimes.

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

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

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

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

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

12  of the following within 7 years:

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

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

15  enactment of section 625 in which the defendant operated a

16  vehicle while under the influence of intoxicating or alcoholic

17  liquor or a controlled substance, or a combination of

18  intoxicating or alcoholic liquor and a controlled substance, or

19  while visibly impaired, or with an unlawful bodily alcohol

20  content.

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

22        (iii) Former section 625b.

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

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

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

26  section 904(4) or (5).

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

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

 2  commit any of those crimes.

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

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

 5  MCL 750.479a.

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

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

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

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

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

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

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

23  order complies with section 323.

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

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

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

27  following occur, as applicable:

 1        (a) The later of the following:

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

 3  was revoked or denied.

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

 5  of a subsequent revocation or denial occurring within 7 years

 6  after the date of any prior revocation or denial.

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

 8  the person rebuts by clear and convincing evidence the

 9  presumption resulting from the prima facie evidence that he or

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

11  revocation and denial constitute prima facie evidence that he or

12  she is a habitual offender.

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

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

15  operator's license as follows:

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

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

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

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

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

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

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

23  age.

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

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

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

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

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

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

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

 4  is not eligible to begin graduated licensing training or

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

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

 7  disposition.

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

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

10  by the United States secretary of transportation from operating a

11  commercial motor vehicle.

12        (7) Multiple convictions or civil infraction determinations

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

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

15  this section.

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

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

18  the person operated a motor vehicle and while operating the

19  vehicle presented real or potential harm to persons or property

20  and 1 or more of the following circumstances existed:

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

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

23  felony.

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

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

26  felony.

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

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

 2  applicant shall supply a photographic identity document, a birth

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

 4  documents or identification as the secretary of state may require

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

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

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

 8  photographic identity document and other sufficient documents to

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

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

11  documents required under this subsection shall include the

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

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

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

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

16  applicant that appears on a document presented under this

17  subsection, the applicant shall present documents to verify his

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

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

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

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

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

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

24  information required or permitted on the license under this

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

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

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

 1  address different from his or her residence address.

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

 3  the applicant shall provide documents demonstrating his or her

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

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

 6  authorized by the United States government for employment in the

 7  United States, a person with nonimmigrant status authorized under

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

 9  immigrant visa petition or an approved labor certification. The

10  secretary of state shall adopt rules under the administrative

11  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

12  necessary for the administration of this subdivision. A

13  determination by the secretary of state that an applicant is not

14  legally present in the United States may be appealed under

15  section 631 of the revised judicature act of 1961, 1961 PA 236,

16  MCL 600.631.

17  (c) (b) The following notice shall be included to inform the

18  applicant that under sections 509o and 509r of the Michigan

19  election law, 1954 PA 116, MCL 168.509o and 168.509r, the

20  secretary of state is required to use the residence address

21  provided on this application as the applicant's residence address

22  on the qualified voter file for voter registration and voting:

23	"NOTICE: Michigan law requires that the same address
24	be used for voter registration and driver license
25	purposes. Therefore, if the residence address
26	you provide in this application differs from your
27	voter registration address as it appears on the

1	qualified voter file, the secretary of state
2	will automatically change your voter registration
3	to match the residence address on this application,
4	after which your voter registration at your former
5	address will no longer be valid for voting purposes.
6	A new voter registration card, containing the
7	information of your polling place, will be provided
8	to you by the clerk of the jurisdiction where your
9	residence address is located.".

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

11  license with a vehicle group designation or indorsement, the

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

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

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

15  vehicle group designation or indorsement, the following

16  certifications by the applicant:

17        (i) The applicant meets the applicable federal driver

18  qualification requirements under 49 CFR part 391 if the applicant

19  operates or intends to operate in interstate commerce or meets

20  the applicable qualifications of the department of state police

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

22  480.11 to 480.25, if the applicant operates or intends to operate

23  in intrastate commerce.

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

25  skills tests is representative of the type of vehicle the

26  applicant operates or intends to operate.

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

 1  United States secretary of transportation, or a suspension,

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

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

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

 5  than 1 state or jurisdiction.

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

 7  license with a vehicle group designation and a hazardous material

 8  indorsement shall provide his or her fingerprints as prescribed

 9  by state and federal law.

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

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

12  image and signature captured or reproduced when the application

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

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

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

16  state personal identification card shall have his or her image

17  and signature captured or reproduced when the application for the

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

19  or lease the equipment for capturing the images and signatures

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

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

22  shall acquire equipment purchased or leased pursuant to under

23  this section under standard purchasing procedures of the

24  department of management and budget based on standards and

25  specifications established by the secretary of state. The

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

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

 1  An A digital photographic image and signature captured pursuant

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

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

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

 5  image and signature described in this subsection only for

 6  programs administered by the secretary of state. Except as

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

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

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

10  specific enabling legislation permitting the use is enacted into

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

12  information retained by the secretary of state under this

13  subsection. The information may be utilized for any law

14  enforcement purpose unless otherwise prohibited by law. The

15  department of state police shall provide to the secretary of

16  state updated lists of persons required to be registered under

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

18  28.736, and the secretary of state shall make the images of those

19  persons available to the department of state police as provided

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

21  as follows:

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

23  law enforcement purpose authorized by law.

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

25  authorized by law.

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

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

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

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

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

 4  those persons.

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

 6  the United States.

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

 8  and certification by the applicant, as determined by the

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

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

11  application. The secretary of state shall refund the application

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

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

14  the examination requirements of the secretary of state within 90

15  days after the date of application for a license.

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

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

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

19  following:

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

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

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

23  310.

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

25  registry program. The information required under this

26  subparagraph includes the address and telephone number of

27  Michigan's federally designated organ procurement organization or

 1  its successor organization.

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

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

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

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

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

 7  accordance with section 310.

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

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

10  or her name placed on the registry described in subdivision

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

12  for the registry.

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

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

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

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

17  credit of the organ and tissue donation education fund.

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

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

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

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

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

23        (b) Providing printed material to an applicant who

24  personally appears at a secretary of state branch office.

25        (c) Through electronic information transmittals for

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

27  means.

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

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

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

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

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

 6  maintained by Michigan's federally designated organ procurement

 7  organization or its successor organization. The secretary of

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

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

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

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

12  registry after forwarding that information to the organ donor

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

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

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

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

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

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

19  2007, the secretary of state shall maintain a record of an

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

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

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

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

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

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

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

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

 1  licensed in another jurisdiction, the secretary of state shall

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

 3  available information from the national driver register. When

 4  received, the driving record and other available information

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

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

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

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

 9  record from all states where the applicant was previously

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

11  years before issuing a vehicle group designation or indorsement

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

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

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

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

16  secretary of state issues the applicant a vehicle group

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

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

19  state issues the applicant a vehicle group designation or

20  indorsement. The secretary of state shall also check the

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

22  the federal commercial driver license information system before

23  issuing that group designation or indorsement. If the application

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

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

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

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

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

 2  record from other states only once under this section.

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

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

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

 6  for 1 additional 4-year period or until the person is no longer

 7  determined to be legally present under section 307 by mail or by

 8  other methods prescribed by the secretary of state. The secretary

 9  of state may check the applicant's driving record through the

10  national driver register and the commercial driver license

11  information system before issuing a license under this section.

12  The secretary of state shall issue a renewal license only in

13  person if the person is a person required under section 5a of the

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

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

16  state personal identification card. If a license is renewed by

17  mail or by other method, the secretary of state shall issue

18  evidence of renewal to indicate the date the license expires in

19  the future. The department of state police shall provide to the

20  secretary of state updated lists of persons required under

21  section 5a of the sex offenders registration act, 1994 PA 295,

22  MCL 28.725a, to maintain a valid operator's or chauffeur's

23  license or official state personal identification card.

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

25  information manual to an applicant explaining how to obtain a

26  vehicle group designation or indorsement. The manual shall

27  contain the information required under 49 CFR part 383.

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

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

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

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

 5  and state law and rules related to this chapter.

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

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

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

 9  paternity, child support, or overdue child support.

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

11  national driver register and the commercial driver license

12  information system when issuing a license under this act.

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

14  with vital records maintained by the department of community

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

16  333.2801 to 333.2899.

17        (e) As otherwise required by law.

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

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

20  license.

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

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

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

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

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

26  social security number under these circumstances. The secretary

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

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

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

 3  manner that provides electronic access, including, but not

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

 5  organ procurement organizations, their successor organizations,

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

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

 8  state.

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

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

11  may enter into agreements with the United States government to

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

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

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

15  in the United States.

16        (16) The secretary of state shall not issue an operator's

17  license or a chauffeur's license to a person holding an

18  operator's license or chauffeur's license issued by another state

19  without confirmation that the person is terminating or has

20  terminated the operator's license or chauffeur's license issued

21  by the other state.

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

23        (a) Ensure the physical security of locations where

24  operator's licenses and chauffeur's licenses are produced and the

25  security of document materials and papers from which operator's

26  licenses and chauffeur's licenses are produced.

27        (b) Subject all persons authorized to manufacture or produce

 1  operator's licenses or chauffeur's licenses and all persons who

 2  have the ability to affect the identity information that appears

 3  on operator's licenses or chauffeur's licenses to appropriate

 4  security clearance requirements. The security requirements of

 5  this subdivision and subdivision (a) may require that licenses be

 6  manufactured or produced in this state.

 7        (c) Provide fraudulent document recognition programs to

 8  department of state employees engaged in the issuance of

 9  operator's licenses and chauffeur's licenses.

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

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

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

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

14  vehicle group designation or indorsement shall first qualify for

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

16  vehicle group designation application is accepted and processed.

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

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

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

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

21  horizontal in form.

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

23  all of the following: information:

24        (a) The distinguishing number permanently assigned to the

25  licensee.

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

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

 1  expiration date, and signature of the licensee.

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

 3  indicate 1 or more of the following:

 4        (i) The blood type of the licensee.

 5        (ii) Immunization data of the licensee.

 6        (iii) Medication data of the licensee.

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

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

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

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

11        (vi) Emergency contact information of the licensee.

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

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

14  patient advocates in accordance with section 5506 of the estates

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

16  statement that the licensee carries an emergency medical

17  information card.

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

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

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

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

22  signature of at least 1 witness.

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

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

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

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

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

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

 2  age.

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

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

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

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

 7  insignia on the front of the license.

 8        (d) Physical security features designed to prevent

 9  tampering, counterfeiting, or duplication of the license for

10  fraudulent purposes.

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

12  information required on the license pursuant to this chapter may

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

14  state.

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

16  image of the licensee.

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

18  registration purposes. The digitized license may contain

19  information appearing in electronic or machine readable codes

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

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

22  number, birth date, full legal name, date of transaction, gender,

23  address, state of issuance, license expiration date, and other

24  information necessary for use with electronic devices, machine

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

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

27  identifier. The license shall identify the encoded information.

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

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

 3  counterfeit, forge, or duplicate the license without ready

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

 5  designation shall contain the information required under 49 CFR

 6  part 383.

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

 8  intentionally reproduces, alters, counterfeits, forges, or

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

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

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

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

13  duplicated is subject to 1 of the following:

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

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

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

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

18  reproduction, alteration, counterfeiting, forging, duplication,

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

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

21  both.

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

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

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

25  imprisonment for less than 10 years or a misdemeanor punishable

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

27  reproduction, alteration, counterfeiting, forging, duplication,

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

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

 3  both.

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

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

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

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

 8  reproduction, alteration, counterfeiting, forging, duplication,

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

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

11  both.

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

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

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

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

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

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

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

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

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

21  counterfeited, forged, or duplicated license photographs,

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

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

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

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

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

27  in possession of 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 misdemeanor punishable by imprisonment for

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

 5  both.

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

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

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

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

10  examination that an applicant is mentally and physically

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

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

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

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

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

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

17  secretary of state may establish a longer duration for the

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

19  accommodate the process of obtaining a background check that is

20  required for an applicant by federal law.

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

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

23  type, emergency contact information, immunization data,

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

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

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

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

 1  333.10109.

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

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

 4  designated a patient advocate in accordance with sections 5506 to

 5  5513 5515 of the estates and protected individuals code, 1998 PA

 6  386, MCL 700.5506 to 700.5513 700.5515.

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

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

 9  1968 PA 293, MCL 722.1 to 722.6, the license shall bear the

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

11  prescribed by the secretary of state.

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

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

14  duplications of a license to document the identity of the

15  licensee for a legitimate business purpose.

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

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

18  medical group, or association interested in assisting in

19  implementing the an emergency medical information card, but shall

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

21  emergency medical information card may contain the information

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

23  licensee's patient advocate designation, other emergency medical

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

25  or registered emergency medical information.

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

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

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

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

 3  368, MCL 333.10101 to 333.10109.

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

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

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

 7  be considered to have revoked that agreement solely because the

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

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

10  constitutes a legal agreement that remains binding and in effect

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

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

13  organ, tissue, or eye donation.

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

15  operator's licenses and chauffeur's licenses expire on the

16  birthday of the person to whom the license is issued in the

17  fourth year following the date of the issuance of the license or

18  on the date the person is no longer considered to be legally

19  present in the United States under section 307, whichever is

20  earlier, unless suspended or revoked before that date. A license

21  shall not be issued for a period longer than 4 years. A person

22  holding a license at any time 12 months before the expiration of

23  his or her license may apply for a new license as provided for in

24  this chapter. A knowledge test for an original group designation

25  or indorsement may be taken at any time during this period and

26  the results are valid for 12 months. A license renewed under this

27  subsection shall be renewed for the time remaining on the license

 1  before its renewal combined with the 4-year renewal period.

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

 3  the time of application is less than 20-1/2 years of age expires

 4  on the licensee's twenty-first birthday or on the date the person

 5  is no longer considered to be legally present in the United

 6  States under section 307, whichever is earlier, unless suspended

 7  or revoked.

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

 9  on the licensee's birthday in the fourth year following the date

10  of issuance or on the date the person is no longer considered to

11  be legally present in the United States under section 307,

12  whichever is earlier, unless the license is suspended or revoked

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

14  time of application is less than 20-1/2 years of age expires on

15  the licensee's twenty-first birthday or on the date the person is

16  no longer considered to be legally present in the United States

17  under section 307, whichever is earlier, unless suspended or

18  revoked. A subsequent chauffeur's license expires on the birthday

19  of the person to whom the license is issued in the fourth year

20  following the date of issuance of the license or on the date the

21  person is no longer considered to be legally present in the

22  United States under section 307, whichever is earlier, unless the

23  license is suspended or revoked before that date.

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

25  driving privileges if he or she is out of state on the date that

26  his or her operator's or chauffeur's license expires. The

27  extension may extend the license for 180 days beyond the

 1  expiration date or not more than 2 weeks after the applicant

 2  returns to Michigan, whichever occurs first.

 3        (5) Except for an operator's or chauffeur's license with a

 4  hazardous material indorsement, the secretary of state may issue

 5  a renewal operator's or chauffeur's license to a person who will

 6  be out of state for more than 180 days beyond the expiration date

 7  of his or her operator's or chauffeur's license, if the secretary

 8  of state has a digital image of the person on file. The applicant

 9  for this renewal shall submit a statement evidencing a vision

10  examination in accordance with the rules promulgated by the

11  secretary of state under section 309 and any other statement

12  required by this act or federal law. A person is not eligible for

13  consecutive renewals of a license under this subsection.

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

15  record through the national driver register and the commercial

16  driver license information system before issuing a renewal under

17  this section.

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

19  her residence before the expiration of a license granted under

20  this chapter shall immediately notify the secretary of state of

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

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

23  state and may include notification by personally appearing at a

24  branch office of the secretary of state or other location

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

26  telephone, electronically, by submitting a voter registration

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

 1  village, or township that prohibits the operation of motor

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

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

 4  person changing his or her residence address the notice required

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

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

 7  168.509r, the secretary of state is required to use the residence

 8  address provided on this change of address application as the

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

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

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

12  or her residence address.

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

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

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

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

17  some other mechanism containing the new residence address. Upon

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

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

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

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

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

23  license.

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

25  residence address as required under this section and subsequently

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

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

 1  has provided the secretary of state a mailing address different

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

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

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

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

 6  responsible for a civil infraction.

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

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

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

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

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

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

13  misdemeanor punishable by imprisonment for not more than 93 days

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

15  conviction under this subsection, the secretary of state may

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

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

18  license to the person during the suspension.

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

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

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

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

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

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

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

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

27  under section 323.

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

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

 3  receiving notice of the conviction of that person in another

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

 5  responsibility of that person in an administrative adjudication

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

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

 8  revocation of the license of an operator or chauffeur.

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

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

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

12  is rendered shall forward to the secretary of state immediately

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

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

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

16  department.

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

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

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

20  grounds for removal therefrom from office.

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

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

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

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

25  the issuance of issuing licenses and registration certificates of

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

27  defendant resides.

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

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

 3  ordinance substantially corresponding to a provision of this act

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

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

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

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

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

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

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

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

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

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

14  727 in lieu of being given the citation.

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

16  within a reasonable time after the arrest.

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

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

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

20  has jurisdiction of the violation.

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

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

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

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

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

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

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

 1  citation.

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

 3  nonresident is arrested without warrant for a violation of this

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

 5  substantially corresponding to a provision of this act and

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

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

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

 9  magistrate in the vicinity to answer to the complaint made

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

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

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

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

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

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

16  the person arrested for the guaranteed appearance certificate or

17  the money deposited together with a written citation as provided

18  in subsection (1).

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

20  the citation, the guaranteed appearance certificate or deposit

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

22  addition to any other penalty provided in this chapter.

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

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

25  deliver the certificate or deposit of money either to the

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

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

 1  authorized by the police chief to receive certificates and

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

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

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

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

 6  the money deposited is embezzlement of public money.

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

 8  certificate containing a printed statement that a surety company

 9  authorized to do business in this state guarantees the appearance

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

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

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

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

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

15  exceed $200.00.

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

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

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

19  citation under this section.

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

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

22  from office.

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

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

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

26  cause to believe that the person has committed a misdemeanor

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

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

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

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

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

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

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

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

 8  commercial motor vehicle, the citation shall contain the vehicle

 9  group designation and indorsement description of the vehicle

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

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

12  state nonresident is stopped under section 742 for a civil

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 5  under section 727(4) 727(d).

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

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

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

 9  appearance by leaving with the officer or court a guaranteed

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

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

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

13  immediately shall take the nonresident driver before the

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

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

16  or without explanation, or upon completion of an informal

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

18  entered for the defendant, if any adverse judgment entered

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

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

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

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

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

24  747 but the defendant's license shall be retained by the court

25  until final resolution of the matter unless the defendant leaves

26  with the court the guaranteed appearance certificate or deposit

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

 1  scheduled formal hearing.

 2        (4) The officer receiving a guaranteed appearance

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

 4  receipt to the person stopped for the guaranteed appearance

 5  certificate or the money deposited together with the written

 6  citation required under subsection (1).

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

 8  police officer taking a certificate or deposit of money shall

 9  deliver the certificate or deposit of money and the citation

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

11  or person authorized by the police chief to receive certificates

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

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

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

15  728a. Failure to deliver the money deposited shall be

16  embezzlement of public money.

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

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

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

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

21  the guaranteed appearance certificate or money deposited shall be

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

23  to under section 907.

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

25  certificate" means a card or certificate containing a printed

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

27  state guarantees the appearance of the person whose signature

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

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

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

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

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

 6  $200.00.

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

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

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

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

11  carriers operating motor vehicles and trailers under the motor

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

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

14  207.234; and except as otherwise provided by this act:

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

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

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

18  to the following schedule of empty weights:

19	Empty weights                                          Tax
20	0 to 3,000 pounds..................................$   29.00
21	3,001 to 3,500 pounds..............................    32.00
22	3,501 to 4,000 pounds..............................    37.00
23	4,001 to 4,500 pounds..............................    43.00
24	4,501 to 5,000 pounds..............................    47.00
25	5,001 to 5,500 pounds..............................    52.00
26	5,501 to 6,000 pounds..............................    57.00
27	6,001 to 6,500 pounds..............................    62.00
28	6,501 to 7,000 pounds..............................    67.00

1	7,001 to 7,500 pounds..............................    71.00
2	7,501 to 8,000 pounds..............................    77.00
3	8,001 to 8,500 pounds..............................    81.00
4	8,501 to 9,000 pounds..............................    86.00
5	9,001 to 9,500 pounds..............................    91.00
6	9,501 to 10,000 pounds.............................    95.00
7	over 10,000 pounds....................$ 0.90 per 100 pounds
8	of empty weight

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

10  under this subdivision shall be annually revised for the

11  registrations expiring on the appropriate October 1 or after that

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

13  times the personal income of Michigan for the preceding calendar

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

15  year that preceded that calendar year. In performing the

16  calculations under this subdivision, the secretary of state shall

17  use the spring preliminary report of the United States department

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

19  individual who uses a wheelchair or by an individual who

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

21  wheelchair and for which registration plates are issued under

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

23  provided for in this subdivision.

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

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

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

27  located on land otherwise assessable as real property under the

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

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

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

 4  property taxes.

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

 6  farmer and used exclusively in connection with a farming

 7  operation, including a farmer hauling livestock or farm equipment

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

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

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

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

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

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

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

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

16  act.

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

18  wood harvester and used exclusively in connection with the wood

19  harvesting operations or a truck used exclusively to haul milk

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

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

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

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

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

25  subdivision:

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

27  and transporting raw materials in the form produced at the

 1  harvest site or hauling and transporting wood harvesting

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

 3  whose primary activity is tree-trimming or landscaping.

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

 5  following:

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

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

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

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

10  processor, chipper, or saw table.

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

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

13  skidder, or cable skidder.

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

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

16  loader, or forklift.

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

18  harvesting site specifically for the purpose of building or

19  maintaining harvest site roads.

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

21  transportation of processed lumber, Christmas trees, or processed

22  firewood for a profit making venture.

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

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

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

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

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

 1  ambulance.

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

 3  institution, a municipality, a privately incorporated, nonprofit

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

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

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

 7  registration plates are reissued for all vehicles by the

 8  secretary of state.

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

10  similarly constructed vehicle owned and operated by a nonprofit

11  parents' transportation corporation used for school purposes,

12  parochial school or society, church Sunday school, or any other

13  grammar school, or by a nonprofit youth organization or nonprofit

14  rehabilitation facility; or a motor vehicle owned and operated by

15  a senior citizen center, $10.00, if the bus, station wagon,

16  carryall, or similarly constructed vehicle or motor vehicle is

17  designated by proper signs showing the organization operating the

18  vehicle.

19        (h) For a vehicle owned by a nonprofit organization and used

20  to transport equipment for providing dialysis treatment to

21  children at camp; for a vehicle owned by the civil air patrol, as

22  organized under 36 USC 40301 to 40307, $10.00 per plate, if the

23  vehicle is designated by a proper sign showing the civil air

24  patrol's name; for a vehicle owned and operated by a nonprofit

25  veterans center; for a vehicle owned and operated by a nonprofit

26  recycling center or a federally recognized nonprofit conservation

27  organization; for a motor vehicle having a truck chassis and a

 1  locomotive or ship's body that is owned by a nonprofit veterans

 2  organization and used exclusively in parades and civic events; or

 3  for an emergency support vehicle used exclusively for emergencies

 4  and owned and operated by a federally recognized nonprofit

 5  charitable organization, $10.00 per plate.

 6        (i) For each truck owned and operated free of charge by a

 7  bona fide ecclesiastical or charitable corporation, or red cross,

 8  girl scout, or boy scout organization, 65 cents per 100 pounds of

 9  the empty weight of the truck.

10        (j) For each truck, weighing 8,000 pounds or less, and not

11  used to tow a vehicle, for each privately owned truck used to tow

12  a trailer for recreational purposes only and not involved in a

13  profit making venture, and for each vehicle designed and used to

14  tow a mobile home or a trailer coach, except as provided in

15  subdivision (b), $38.00 or an amount computed according to the

16  following schedule of empty weights, whichever is greater:

17	Empty weights                               Per 100 pounds
18	0 to 2,500 pounds..............................  $   1.40
19	2,501 to 4,000 pounds..........................      1.76
20	4,001 to 6,000 pounds..........................      2.20
21	6,001 to 8,000 pounds..........................      2.72
22	8,001 to 10,000 pounds.........................      3.25
23	10,001 to 15,000 pounds........................      3.77
24	15,001 pounds and over.........................      4.39

25        If the tax required under subdivision (p) for a vehicle of

26  the same model year with the same list price as the vehicle for

27  which registration is sought under this subdivision is more than

 1  the tax provided under the preceding provisions of this

 2  subdivision for an identical vehicle, the tax required under this

 3  subdivision is not less than the tax required under subdivision

 4  (p) for a vehicle of the same model year with the same list

 5  price.

 6        (k) For each truck weighing 8,000 pounds or less towing a

 7  trailer or any other combination of vehicles and for each truck

 8  weighing 8,001 pounds or more, road tractor or truck tractor,

 9  except as provided in subdivision (j) according to the following

10  schedule of elected gross weights:

11	Elected gross weight                                  Tax
12	0 to 24,000 pounds.............................. $    491.00
13	24,001 to 26,000 pounds.........................      558.00
14	26,001 to 28,000 pounds.........................      558.00
15	28,001 to 32,000 pounds.........................      649.00
16	32,001 to 36,000 pounds.........................      744.00
17	36,001 to 42,000 pounds.........................      874.00
18	42,001 to 48,000 pounds.........................    1,005.00
19	48,001 to 54,000 pounds.........................    1,135.00
20	54,001 to 60,000 pounds.........................    1,268.00
21	60,001 to 66,000 pounds.........................    1,398.00
22	66,001 to 72,000 pounds.........................    1,529.00
23	72,001 to 80,000 pounds.........................    1,660.00
24	80,001 to 90,000 pounds.........................    1,793.00
25	90,001 to 100,000 pounds........................    2,002.00
26	100,001 to 115,000 pounds.......................    2,223.00
27	115,001 to 130,000 pounds.......................    2,448.00
28	130,001 to 145,000 pounds.......................    2,670.00

1	145,001 to 160,000 pounds.......................    2,894.00
2	over 160,000 pounds.............................    3,117.00

 3        For each commercial vehicle registered under this

 4  subdivision, $15.00 shall be deposited in a truck safety fund to

 5  be expended for the purposes prescribed in section 25 of 1951 PA

 6  51, MCL 247.675.

 7        If a truck or road tractor without trailer is leased from an

 8  individual owner-operator, the lessee, whether a person, firm, or

 9  corporation, shall pay to the owner-operator 60% of the tax

10  prescribed in this subdivision for the truck tractor or road

11  tractor at the rate of 1/12 for each month of the lease or

12  arrangement in addition to the compensation the owner-operator is

13  entitled to for the rental of his or her equipment.

14        (l) For each pole trailer, semitrailer, trailer coach, or

15  trailer, the tax shall be assessed according to the following

16  schedule of empty weights:

17	Empty weights                                          Tax
18	0 to 2,499 pounds................................ $    75.00
19	2,500 to 9,999 pounds............................     200.00
20	10,000 pounds and over...........................     300.00

21        The registration plate issued under this subdivision expires

22  only when the secretary of state reissues a new registration

23  plate for all trailers. Beginning October 1, 2005, if the

24  secretary of state reissues a new registration plate for all

25  trailers, a person who has once paid the tax as increased by 2003

 1  PA 152 for a vehicle under this subdivision is not required to

 2  pay the tax for that vehicle a second time, but is required to

 3  pay only the cost of the reissued plate at the rate provided in

 4  section 804(2) for a standard plate. A registration plate issued

 5  under this subdivision is nontransferable.

 6        (m) For each commercial vehicle used for the transportation

 7  of passengers for hire except for a vehicle for which a payment

 8  is made under 1960 PA 2, MCL 257.971 to 257.972, according to the

 9  following schedule of empty weights:

10	Empty weights                                  Per 100 pounds
11	0 to 4,000 pounds.............................. $    1.76
12	4,001 to 6,000 pounds..........................      2.20
13	6,001 to 10,000 pounds.........................      2.72
14	10,001 pounds and over.........................      3.25
15
16	(n) For each motorcycle........................ $   23.00

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

18  under this subdivision shall be annually revised for the

19  registrations expiring on the appropriate October 1 or after that

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

21  times the personal income of Michigan for the preceding calendar

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

23  year that preceded that calendar year. In performing the

24  calculations under this subdivision, the secretary of state shall

25  use the spring preliminary report of the United States department

26  of commerce or its successor agency.

27        Beginning January 1, 1984, the registration tax for each

 1  motorcycle is increased by $3.00. The $3.00 increase is not part

 2  of the tax assessed under this subdivision for the purpose of the

 3  annual October 1 revisions but is in addition to the tax assessed

 4  as a result of the annual October 1 revisions. Beginning January

 5  1, 1984, $3.00 of each motorcycle fee shall be placed in a

 6  motorcycle safety fund in the state treasury and shall be used

 7  only for funding the motorcycle safety education program as

 8  provided for under sections 312b and 811a.

 9        (o) For each truck weighing 8,001 pounds or more, road

10  tractor, or truck tractor used exclusively as a moving van or

11  part of a moving van in transporting household furniture and

12  household effects or the equipment or those engaged in conducting

13  carnivals, at the rate of 80% of the schedule of elected gross

14  weights in subdivision (k) as modified by the operation of that

15  subdivision.

16        (p) After September 30, 1983, each motor vehicle of the 1984

17  or a subsequent model year as shown on the application required

18  under section 217 that has not been previously subject to the tax

19  rates of this section and that is of the motor vehicle category

20  otherwise subject to the tax schedule described in subdivision

21  (a), and each low-speed vehicle according to the following

22  schedule based upon registration periods of 12 months:

23        (i) Except as otherwise provided in this subdivision, for the

24  first registration that is not a transfer registration under

25  section 809 and for the first registration after a transfer

26  registration under section 809, according to the following

27  schedule based on the vehicle's list price:

1	List Price                                            Tax
2	$ 0 - $ 6,000.00................................  $    30.00
3	More than $ 6,000.00 - $ 7,000.00...............  $    33.00
4	More than $ 7,000.00 - $ 8,000.00...............  $    38.00
5	More than $ 8,000.00 - $ 9,000.00...............  $    43.00
6	More than $ 9,000.00 - $ 10,000.00..............  $    48.00
7	More than $ 10,000.00 - $ 11,000.00.............  $    53.00
8	More than $ 11,000.00 - $ 12,000.00.............  $    58.00
9	More than $ 12,000.00 - $ 13,000.00.............  $    63.00
10	More than $ 13,000.00 - $ 14,000.00.............  $    68.00
11	More than $ 14,000.00 - $ 15,000.00.............  $    73.00
12	More than $ 15,000.00 - $ 16,000.00.............  $    78.00
13	More than $ 16,000.00 - $ 17,000.00.............  $    83.00
14	More than $ 17,000.00 - $ 18,000.00.............  $    88.00
15	More than $ 18,000.00 - $ 19,000.00.............  $    93.00
16	More than $ 19,000.00 - $ 20,000.00.............  $    98.00
17	More than $ 20,000.00 - $ 21,000.00.............  $   103.00
18	More than $ 21,000.00 - $ 22,000.00.............  $   108.00
19	More than $ 22,000.00 - $ 23,000.00.............  $   113.00
20	More than $ 23,000.00 - $ 24,000.00.............  $   118.00
21	More than $ 24,000.00 - $ 25,000.00.............  $   123.00
22	More than $ 25,000.00 - $ 26,000.00.............  $   128.00
23	More than $ 26,000.00 - $ 27,000.00.............  $   133.00
24	More than $ 27,000.00 - $ 28,000.00.............  $   138.00
25	More than $ 28,000.00 - $ 29,000.00.............  $   143.00
26	More than $ 29,000.00 - $ 30,000.00.............  $   148.00

27        More than $30,000.00, the tax of $148.00 is increased by

28  $5.00 for each $1,000.00 increment or fraction of a $1,000.00

29  increment over $30,000.00. If a current tax increases or

 1  decreases as a result of 1998 PA 384, only a vehicle purchased or

 2  transferred after January 1, 1999 shall be assessed the increased

 3  or decreased tax.

 4        (ii) For the second registration, 90% of the tax assessed

 5  under subparagraph (i).

 6        (iii) For the third registration, 90% of the tax assessed

 7  under subparagraph (ii).

 8        (iv) For the fourth and subsequent registrations, 90% of the

 9  tax assessed under subparagraph (iii).

10        For a vehicle of the 1984 or a subsequent model year that

11  has been previously registered by a person other than the person

12  applying for registration or for a vehicle of the 1984 or a

13  subsequent model year that has been previously registered in

14  another state or country and is registered for the first time in

15  this state, the tax under this subdivision shall be determined by

16  subtracting the model year of the vehicle from the calendar year

17  for which the registration is sought. If the result is zero or a

18  negative figure, the first registration tax shall be paid. If the

19  result is 1, 2, or 3 or more, then, respectively, the second,

20  third, or subsequent registration tax shall be paid. A van that

21  is owned by an individual who uses a wheelchair or by an

22  individual who transports a resident member of his or her

23  household who uses a wheelchair and for which registration plates

24  are issued under section 803d shall be assessed at the rate of

25  50% of the tax provided for in this subdivision.

26        (q) For a wrecker, $200.00.

27        (r) When the secretary of state computes a tax under this

 1  section, a computation that does not result in a whole dollar

 2  figure shall be rounded to the next lower whole dollar when the

 3  computation results in a figure ending in 50 cents or less and

 4  shall be rounded to the next higher whole dollar when the

 5  computation results in a figure ending in 51 cents or more,

 6  unless specific taxes are specified, and the secretary of state

 7  may accept the manufacturer's shipping weight of the vehicle

 8  fully equipped for the use for which the registration application

 9  is made. If the weight is not correctly stated or is not

10  satisfactory, the secretary of state shall determine the actual

11  weight. Each application for registration of a vehicle under

12  subdivisions (j) and (m) shall have attached to the application a

13  scale weight receipt of the vehicle fully equipped as of the time

14  the application is made. The scale weight receipt is not

15  necessary if there is presented with the application a

16  registration receipt of the previous year that shows on its face

17  the weight of the motor vehicle as registered with the secretary

18  of state and that is accompanied by a statement of the applicant

19  that there has not been a structural change in the motor vehicle

20  that has increased the weight and that the previous registered

21  weight is the true weight.

22        (2) A manufacturer is not exempted under this act from

23  paying ad valorem taxes on vehicles in stock or bond, except on

24  the specified number of motor vehicles registered. A dealer is

25  exempt from paying ad valorem taxes on vehicles in stock or bond.

26        (3) Until October 1, 2009, the tax for a vehicle with an

27  empty weight over 10,000 pounds imposed under subsection (1)(a)

 1  and the taxes imposed under subsection (1)(c), (d), (e), (f),

 2  (i), (j), (m), (o), and (p) are each increased as follows:

 3        (a) A regulatory fee of $2.25 that shall be credited to the

 4  traffic law enforcement and safety fund created in section 819a

 5  and used to regulate highway safety.

 6        (b) A fee of $5.75 that shall be credited to the

 7  transportation administration collection fund created in section

 8  810b.

 9        (4) If a tax required to be paid under this section is not

10  received by the secretary of state on or before the expiration

11  date of the registration plate, the secretary of state shall

12  collect a late fee of $10.00 for each registration renewed after

13  the expiration date. An application for a renewal of a

14  registration using the regular mail and postmarked before the

15  expiration date of that registration shall not be assessed a late

16  fee. The late fee collected under this subsection shall be

17  deposited into the general fund.

18        (5) As used in this section:

19        (a) "Gross proceeds" means that term as defined in section 1

20  of the general sales tax act, 1933 PA 167, MCL 205.51, and

21  includes the value of the motor vehicle used as part payment of

22  the purchase price as that value is agreed to by the parties to

23  the sale, as evidenced by the signed agreement executed under

24  section 251.

25        (b) "List price" means the manufacturer's suggested base

26  list price as published by the secretary of state, or the

27  manufacturer's suggested retail price as shown on the label

 1  required to be affixed to the vehicle under 15 USC 1232, if the

 2  secretary of state has not at the time of the sale of the vehicle

 3  published a manufacturer's suggested retail price for that

 4  vehicle, or the purchase price of the vehicle if the

 5  manufacturer's suggested base list price is unavailable from the

 6  sources described in this subdivision.

 7        (c) "Purchase price" means the gross proceeds received by

 8  the seller in consideration of the sale of the motor vehicle

 9  being registered.

10        Sec. 814. (a) Whenever it shall appear If it appears to the

11  secretary of state that the a motor vehicle was purchased by the

12  an applicant in any a state other than Michigan this state,

13  unless the applicant produces a certificate of title duly issued

14  to him the applicant under the laws of such that state, or a

15  certificate of registration or registered bill of sale issued

16  under the provisions of the laws of such states another state

17  showing the applicant for a Michigan certificate of title to have

18  been resident of resided in the state which has that issued such

19  the certificate of title, certificate of registration, or

20  registered bill of sale, it shall be the duty of the secretary of

21  state to shall conduct an investigation of said the purchase and

22  sale and of the title to said the motor vehicle. The If the

23  secretary of state , if is satisfied that the applicant is the

24  owner of such the motor vehicle, or is otherwise entitled to have

25  the same registered in his register the motor vehicle in the

26  applicant's name, shall thereupon the secretary of state shall

27  issue to the applicant an appropriate certificate of title in

 1  accordance with under section 217. of this act. Before the

 2  secretary of state shall issue such a issues the certificate of

 3  title, the applicant shall attach to his the application a

 4  statement showing the amount of use tax due upon the motor

 5  vehicle described in the application on a form prescribed by the

 6  state board of tax administration treasurer, together with the

 7  amount of the use tax due upon such the motor vehicle, under the

 8  provisions of Act No. 94 of the Public Acts of 1937, except that

 9  when such use tax act, 1937 PA 94, MCL 205.91 to 205.111.

10  However, if the motor vehicle is exempt by law from the payment

11  of use tax, no such use tax shall be paid.

12        (b) It shall be the duty of the The secretary of state to

13  forthwith shall transmit such the statement and the funds

14  collected under subdivision (a) covering the payment of the use

15  tax to the state board of tax administration treasurer. The

16  secretary of state shall not issue a certificate of title on any

17  such for a motor vehicles vehicle until the provisions hereof

18  with respect to the payment of the use tax have been complied

19  with requirements of this section are satisfied. All owners of

20  motor vehicles purchased without the state of Michigan who shall

21  have An owner of a motor vehicle purchased outside of this state

22  who paid the use tax to the secretary of state , as herein

23  provided, shall not be under this section is not required to

24  comply with sections 6, 7, and 8 of Act No. 94 of the Public Acts

25  of 1937 of the state of Michigan the use tax act, 1937 PA 94, MCL

26  205.96, 205.97, and 205.98.

27        (c) Any person owning An owner of a motor vehicle purchased

 1  from a Michigan dealer in this state without application of sales

 2  tax by reason of the exercise of any of the provisions of

 3  subsection (j) of section 4a of Act No. 167 of the Public Acts of

 4  1933, as amended, being sections 205.51 to 205.78 of the Compiled

 5  Laws of 1948 due to an exemption under section 4a of the general

 6  sales tax act, 1933 PA 167, MCL 205.54a, who later by reason of

 7  storage or use is required to register such the vehicle in

 8  Michigan this state shall pay a use tax at the time of

 9  registration, except when such vehicle is exempt by law, computed

10  on the retail dollar value of a like vehicle, except when the

11  motor vehicle is exempt from the use tax. The secretary of state

12  shall use as his or her guide the retail dollar value as is shown

13  in from the current issue of any nationally recognized used

14  vehicle guide for financial institution appraisal purposes in

15  Michigan this state.

16        Sec. 819. (1) Except as provided in subsections (2) and (3),

17  revenue from the increases in fees provided in the 1987

18  amendatory act that added this section is appropriated to PA 232

19  shall be deposited in the transportation economic development

20  fund established in section 2 of 1987 PA 231, MCL 247.902, and

21  shall not be appropriated for any other purpose in any act making

22  appropriations of state funds.

23        (2) For the fiscal year ending September 30, 1988, of the

24  revenue from the increases in fees provided by the 1987

25  amendatory act that added this section, $1,350,000.00 shall be

26  deposited in the state treasury and credited to the general fund,

27  except that not more than $500,000.00 shall be credited to the

 1  gasoline inspection and testing fund created in section 8 of Act

 2  No. 44 of the Public Acts of 1984, being section 290.648 of the

 3  Michigan Compiled Laws, and $100,000.00 shall be used during

 4  either the fiscal year ending September 30, 1990, or the fiscal

 5  year ending September 30, 1991, for research of products derived

 6  from corn grown in this state for, but not limited to

 7  transportation purposes as described in section 9 of article IX

 8  of the state constitution of 1963.

 9  (2) (3) For the fiscal year ending September 30, 1989, and

10  each fiscal year thereafter, of the revenue from the increases in

11  fees provided in the 1987 amendatory act that added this section

12  PA 232, $2,500,000.00 shall be deposited in the state treasury

13  and credited to the general fund, except that not more than

14  $1,000,000.00 shall be credited to the gasoline inspection and

15  testing fund established in section 8 of the motor fuels quality

16  act, 1984 PA 44, MCL 290.648.