Bill Summary – FastDemocracy

HOUSE BILL NO. 5601
 March 20, 2024, Introduced by Rep. Maddock and referred to the Committee on Government
   Operations.
      A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 50, 217d, 221, 224, 225, 226c, 229, 256, 257,
258, 674, 675, 801e, 801f, 803a, 803b, 803e, 803f, 803i, 803j,
803k, 803l, 803m, 803n, 803o, 805, 811f, and 907 (MCL 257.50,
217d, 257.221, 257.224, 257.225, 257.226c, 257.229, 257.256,
257, 257.258, 257.674, 257.675, 257.801e, 257.801f, 257.803a,
803b, 257.803e, 257.803f, 257.803i, 257.803j, 257.803k,
803l, 257.803m, 257.803n, 257.803o, 257.805, 257.811f, and
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907), sections 217d, 803e, 803f, 803i, 803j, 803k, 803l, 803n,
     and 803o as amended by 2022 PA 143, section 221 as amended by 2021
     PA 104, section 224 as amended by 2018 PA 656, section 225 as
     amended by 2018 PA 147, section 229 as amended by 2014 PA 290,
     section 256 as amended by 1987 PA 34, section 257 as amended by
PA 289, section 258 as amended by 2018 PA 74, section 674 as
     amended by 2021 PA 43, section 675 as amended by 2018 PA 179,
     section 801e as amended by 1983 PA 91, section 801f as amended by
PA 238, section 803a as amended by 1996 PA 404, section 803b
     as amended by 2019 PA 88, section 803m as amended by 2003 PA 152,
     section 805 as amended by 2021 PA 96, section 811f as amended by
PA 234, and section 907 as amended by 2020 PA 382; and to
     repeal acts and parts of acts.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 50. "Registration" means a registration certificate,
  plate , adhesive tab, or other indicator of registration issued
  under this act for display on a vehicle or a registration
  certificate issued under this act.
        Sec. 217d. (1) The secretary of state shall design and may
  issue a special Congressional Medal of Honor registration plate for
  residents of this state awarded the congressional medal of honor.
        (2) A special Congressional Medal of Honor registration plate
  is issued for only 1 vehicle intended for personal use by the
 applicant.
       (3) A recipient of the Congressional Medal of Honor may apply
 to the secretary of state for a special registration plate on a
 form prescribed by the secretary of state that must be accompanied
 by any proof of the applicant having been a Congressional Medal of
 Honor recipient that the secretary of state may require. The
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  application must not require a service fee under section 804.
        (4) A person who qualifies to be issued a special registration
  plate under this section is entitled to only 1 special registration
  plate issued under subsection (1) that is exempt from payment of
  the tax provided in section 801.
        (5) A person with disabilities who applies for a special
  registration plate under this section must be issued a tab for
  persons with disabilities as provided in section 803f for his or
  her special registration plate. The secretary of state shall
 require the same proof that the applicant is disabled as is
 required for issuance of a permanent windshield placard under
 section 675.
       (5) (6) A special registration plate issued under subsection
 (1) expires on the birthday of the vehicle owner in a year in which
 new plates are issued by the secretary of state.
       (6) (7) The secretary of state shall deliver or cause to be
 delivered 1 or more special registration plates issued under this
 section to the home address of the applicant at no additional cost
 to the applicant.
       Sec. 221. (1) The secretary of state shall create and maintain
 a computerized central file of all applications for registration of
 motor vehicles and is not required to retain any other record of
 the application. The computerized central file must include
 information regarding whether the recreation passport fee under
 section 805 has been paid for a motor vehicle. The computerized
 central file must be interfaced with the law enforcement
 information network as provided in the C.J.I.S. policy council act,
 1974 PA 163, MCL 28.211 to 28.215.
       (2) The secretary of state shall preserve the records
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  described in subsection (1) for 3 years after the date of
  registration. The records must be available to state and federal
  agencies and the friend of the court as provided under section 4 of
  the C.J.I.S. policy council act, 1974 PA 163, MCL 28.214, and rules
  promulgated under that section. The records, except for a
  communication impediment designation, must be available to the
  public through the secretary of state's commercial look-up service.
        (3) If an owner of a motor vehicle meets the requirements
  under subsection (4), the secretary of state shall allow the owner
 of a motor vehicle who is applying for a vehicle registration or
 for renewal of a vehicle registration to elect a communication
 impediment designation on the application maintained in the central
 file under subsection (1) to allow a person with access to the law
 enforcement information network under the C.J.I.S. policy council
 act, 1974 PA 163, MCL 28.211 to 28.215, to view a communication
 impediment designation with a motor vehicle registration.
       (4) An owner of a motor vehicle seeking an election for a
 communication impediment designation under subsection (3) shall
 provide to the secretary of state a certification that meets all of
 the following:
       (a) Is signed by a physician, physician assistant, certified
 nurse practitioner, audiologist, speech-language pathologist,
 psychologist, or physical therapist licensed to practice in this
 state.
       (b) Identifies the individual for whom the communication
 impediment designation is being elected.
       (c) Attests to the nature of the communication impediment.
       (5) A person who intentionally makes a false statement of
 material fact or commits or attempts to commit a deception or fraud
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  on a statement described under subsection (4) is guilty of a
  misdemeanor punishable by imprisonment for not more than 30 days or
  a fine of not more than $500.00, or both.
         (6) Subject to subsection (7), the secretary of state may
  cancel or revoke a communication impediment designation elected and
  maintained under this section if either of the following
  circumstances applies:
         (a) The secretary of state determines that a communication
  impediment designation was fraudulently or erroneously elected.
        (b) The secretary of state determines the communication
 impediment designation was abused during a traffic stop.
        (7) The secretary of state shall provide the owner of a motor
 vehicle notice and an opportunity to be heard before canceling or
 revoking a communication impediment designation under subsection
 (6).
        (8) A person is not required to carry a registration
 certificate in the registered vehicle. A police officer shall not
 demand that the person driving or in control of the vehicle display
 an electronic or paper copy of the registration certificate. A
 police officer shall use the law enforcement information network or
 another verification system to access registration information for
 a vehicle.
        (9) (8) As used in this section, "communication impediment"
 means the owner of a motor vehicle, or an individual who resides in
 the same household as the owner of the motor vehicle, has a health
 condition that may impede communication with a police officer
 during a traffic stop, including, but not limited to, any of the
 following:
        (a) Deafness or hearing loss.
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        (b) An autism spectrum disorder.
        Sec. 224. (1) Except as otherwise provided in this act,
  regarding tabs or stickers, upon registering a vehicle, the
  secretary of state shall issue to the owner 1 registration plate.
  However, the secretary of state is not required to issue a
  registration plate under this subsection if the owner is renewing a
  registration plate that is eligible for renewal under this act.
        (2) A registration plate shall must display the registration
  number assigned to the vehicle for which the registration plate is
 issued ; and the name of this state, which may be abbreviated. ;
 and when the registration plate expires, which may be shown by a
 tab or sticker furnished by the secretary of state.
       (3) A registration plate issued for motor vehicles owned and
 operated by this state; a state institution; a municipality; a
 privately incorporated, nonprofit volunteer fire department; or a
 nonpublic, nonprofit college or university of this state does not
 expire at any particular time but must be renewed when the
 registration plate is worn out or is illegible. This registration
 plate must be assigned upon proper application and payment of the
 applicable fee and may be used on any eligible vehicle titled to
 the applicant if a written record is kept of the vehicles upon
 which the registration plate is used. The written record shall must
 state the time the registration plate is used on a particular
 vehicle. The record shall must be open to inspection by a law
 enforcement officer or a representative of the secretary of state.
       (4) A registration plate issued for a vehicle owned by the
 civil air patrol Civil Air Patrol as organized under 36 USC 40301
 to 40307; a vehicle owned by a nonprofit organization and used to
 transport equipment for providing dialysis treatment to children at
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  camp; an emergency support vehicle used exclusively for emergencies
  and owned and operated by a federally recognized nonprofit
  charitable organization; a vehicle owned and operated by a
  nonprofit food pantry or nonprofit food bank; a vehicle owned and
  operated by a nonprofit veterans center; a motor vehicle having a
  truck chassis and a locomotive or ship's body that is owned by a
  nonprofit veterans organization and used exclusively in parades and
  civic events; a vehicle owned and operated by a nonprofit recycling
  center or a federally recognized nonprofit conservation
 organization until December 31, 2000; a motor vehicle owned and
 operated by a senior citizen center; and a registration plate
 issued for buses including station wagons, carryalls, or similarly
 constructed vehicles owned and operated by a nonprofit parents'
 transportation corporation used for school purposes, parochial
 school, society, church Sunday school, or other grammar school, or
 by a nonprofit youth organization or nonprofit rehabilitation
 facility shall must be issued upon proper application and payment
 of the applicable tax provided in section 801(1)(g) or (h) to the
 applicant for the vehicle identified in the application. The
 vehicle shall must be used exclusively for activities of the school
 or organization and shall must be designated by proper signs
 showing the school or organization operating the vehicle. The
 registration plate expires on December 31 in the fifth year
 following the date of issuance. The registration plate may be
 transferred to another vehicle upon proper application and payment
 of a $10.00 transfer fee.
       (5) The department shall offer a standard design registration
 plate that complies with the requirements of this act. The standard
 design registration plate shall must be of a common color scheme
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  and design that is made of fully reflectorized material and shall
  must be clearly visible at night.
        (6) No later than 1 year after the effective date of the
  amendatory act that amended this section, March 29, 2020, the
  department shall permit the registrant of a vehicle to display a
  digital registration plate in lieu of the standard design
  registration plate described in subsection (5). As used in this
  subsection, "digital registration plate" means an electronic
  display that is mounted on the rear of a vehicle in place of a
 registration plate issued by the secretary of state. Any data
 collected by the department or by a vendee selected by the
 department through the use of digital registration plates is the
 property of the department. Any use of data collected through the
 use of a digital registration plate is nonexclusive and is governed
 by this act.
       (7) The department may use the Pure Michigan brand or a
 successor or similar brand that is used in conjunction with this
 state's promotion, travel, and tourism campaigns or marketing
 efforts as part of the standard design for registration plates.
       (8) The registration plate and the required letters and
 numerals on the registration plate shall must be of sufficient size
 to be plainly readable from a distance of 100 feet during daylight.
 The secretary of state may issue a tab or tabs designating the
 month and year of expiration.
       (9) Except as otherwise provided in this subsection, the
 secretary of state shall issue for every passenger motor vehicle
 rented without a driver the same type of registration plate as the
 type of registration plate issued for private passenger vehicles.
 This subsection does not apply to a special registration plate
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  issued for a vehicle in a fleet under section 801h.
        (10) A person shall not operate a vehicle on the public
  highways or streets of this state displaying a registration plate
  other than the registration plate issued for the vehicle by the
  secretary of state, except as provided in this chapter for
  nonresidents, or by assignment as provided in subsection (3).
        (11) The registration plate displayed on a vehicle registered
  on the basis of elected gross weight shall must indicate the
  elected gross weight for which the vehicle is registered.
       (12) Beginning on January 1, 2015, a registration plate issued
 by the department under this section shall must not be renewed 10
 years after the date that registration plate was issued. The owner
 of a vehicle whose registration plate is no longer eligible for
 renewal under this subsection must obtain a replacement
 registration plate upon payment of the fee required under section
 804. For any alphanumeric series that the department has retired
 from circulation, upon request of the owner of a vehicle whose
 registration plate is no longer eligible for renewal under this
 subsection, the department may issue a new registration plate with
 the same registration number as was displayed on the expired
 registration plate as provided under section 803b.
       (13) The secretary of state shall not issue or require to be
 used on a registration plate a tab designating the month and year
 of expiration or other registration information.
       Sec. 225. (1) Except as otherwise provided in this subsection
 and subsection (6), a registration plate issued for a vehicle shall
 must be attached to the rear of the vehicle. A registration plate
 issued for a truck tractor or road tractor shall must be attached
 to the front of the vehicle.
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        (2) A registration plate shall must at all times be securely
  fastened in a horizontal position to the vehicle for which the
  plate is issued so as to prevent the plate from swinging. The plate
  shall must be attached at a height of not less than 12 inches from
  the ground, measured from the bottom of the plate, in a place and
  position that is clearly visible. The plate shall must be
  maintained free from foreign materials that obscure or partially
  obscure the registration information and in a clearly legible
  condition. The attachment to the rear of a vehicle of a tow ball,
 bicycle rack, removable hitch, or any other device designed to
 carry an object on the rear of a vehicle, including the object
 being carried, does not violate this subsection.
       (3) A registration plate or an expiration tab on the
 registration plate shall must be of a different color designated by
 the secretary of state with a marked contrast between the color of
 the registration plate and the numerals or letters on the plate.
 The secretary of state may provide a distinctive registration plate
 as a replacement for a standard plate. To honor a special or
 historical event, the secretary of state may provide a
 commemorative plate as a replacement for a standard plate.
       (4) A person shall not attach a name plate, insignia, or
 advertising devi