Penalty. Dealers. Proviso. Duplicates, when issued. Forgery, penalty. Report of stolen, etc., cars. Index of. same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be deemed guilty of a felony and upon conviction shall be punished by a fine of not more than five thousand dollars or by imprisonment in any penal institution within this state for not more than ten years, or both, at the discretion of the court. This provision shall not be exclusive of any other penalties prescribed by any existing or future law for the larceny or unauthorized taking of a motor vehicle. SEC. 10. In the case of dealers in motor vehicles, motor cycles, side cars or trailers, including manufacturers who sell to others than dealers, all of whom are intended to be covered by this and all other provisions of this section, a separate certificate of title, either of such dealer's immediate vendor, or of the dealer himself, shall be required in the case of each motor vehicle in his possession, and the Secretary of State shall determine the form in which application for such certificates of title and assignments thereof shall be made: Provided, however, That no such certificate shall be required in the case of new motor vehicles sold by manufacturers to dealers as the term "dealers" is defined in section one of this act. SEC. 11. In the case of lost certificates of title or registration, the loss of which is accounted for to the satisfaction of the Secretary of State, duplicates may be issued, the charge therefor to be one dollar each. SEC. 12. Any person who shall alter or forge or cause to be altered or forged, any certificate of title issued by the Secretary of State pursuant to the provisions of this section, or any assignment thereof, or who shall hold or use any such certificate or assignment knowing the same to have been altered or forged, shall be deemed guilty of a felony, and upon conviction thereof shall be liable to pay a fine of not more than five thousand dollars or to imprisonment in any penal institution within the state for a period of not more. than ten years, or both, in the discretion of the court. SEC. 13. Report of stolen and recovered motor vehicles. It shall be the duty of the sheriff of every county of the state and of the chief of police or commissioner of police of every city having a population of more than ten thousand to make immediate report to the Secretary of State of all motor vehicles reported to him as stolen or recovered, upon forms provided for by the Secretary of State. Upon receipt of such information, the Secretary of State shall file the same in an index to be known as the "Stolen and Recovered Motor VeReports from hicle Index." It shall also be the duty of the Secretary of State to file reports of stolen and recovered motor vehicles reported to him from other states. The Secretary of State shall publish once a month a list of all motor vehicles stolen ether states to be filed. Publication. or recovered during the previous month and forward a copy of the same to every sheriff, the commanding officer of the Michigan State Police, and all police departments in cities over ten thousand inhabitants. Such list shall also be forwarded to the Secretary of State, or other proper official, in each state of the United States. Before issuing a certificate of title, as heretofore provided, the Secretary of State shall check the motor and serial number on the motor vehicle to be registered against the "Stolen and Recovered Motor Vehicle Index." second-hand dealers. annual. form of. what to con SEC. 14. Licensing of second-hand dealers. That after Licensing the first day of January, nineteen hundred twenty-two, it shall be unlawful for any person to carry on or conduct in this state the business of buying, selling or dealing in used vehicles or parts thereof, unless and until he shall have received a license from the Secretary of State authorizing the carrying on or conducting of such business: Provided, how- Proviso. ever, That any manufacturer or importer of vehicles or his subsidiaries or selling agents, may buy or take in trade and sell any used vehicles of his own make without such license. Such license shall be furnished annually by the Secretary of License to be State and shall run from the first day of January, nineteen hundred twenty-two, and annually thereafter for each year, beginning on the first day of January. The application for Application, said license shall be in such form as may be prescribed by the said Secretary of State and subject to such rules and regulations with respect thereto as may be so prescribed by him. Such application shall be verified by oath or affirma- How verified, tion and shall contain a full statement of the name or names tain, etc. of the person or persons applying therefor, the name of the firm or copartnership with the names and places of residence of all the members thereof, if such applicant be a firm or copartnership, the name and residence of the principal officers, if the applicant be a body corporate or other artificial body, the name of the state under whose laws the corporation is organized, the location of the place or places at which such business is to be carried on and conducted, and said application shall contain such other relevant information as may be required by the Secretary of State. It shall be accompanied by a statement of two reputable persons of the community in which the principal place of business is to be located, certifying to the good moral character of the person or persons applying for such license. Upon making such Fee. application the person applying therefor shall pay to the Secretary of State a fee of five dollars. A license certificate shall be issued by the Secretary of State in accordance with such application when the same shall be regular in form and in compliance with the provisions of this section, and such license, when so issued, shall entitle the licensee to carry on and conduct the business of buying and selling and dealing in used vehicles and parts thereof, for a period of one year Rules and regulations, Secretary of license. Record by dealers. from the first day of January of the current year. The Secretary of State shall have the power to make suitable rules state to make. and regulations for the issuance of such licenses to expire upon the first day of January of the succeeding year, when the application therefor shall be made during the current year, and upon payment of a license fee of three dollars proSupplemental vided application is made after July first of any year. Any person conducting the business of buying, selling or dealing in used vehicles and having received a license therefor, shall, before removing any one or more of his places of business, or shall, before opening any additional places of business, apply to the Secretary of State for, and obtain, a supplemental license, for which no fee shall be charged. Every such licensee shall keep a book or record in such form as may be prescribed or approved by the Secretary of State, in which he shall keep a record of the purchase, sale or exchange or receipt for the purpose of sale, of any second-hand vehicle or parts thereof, a description of such vehicles or parts, together with the name and address of the seller, of the purchaser, and of the alleged owner or other person from whom such vehicle or parts were purchased or received, or to whom they were sold or delivered, as the case may be. Such description in the case of motor vehicles shall also include the engine number, if any, the maker's number, if any, chassis number, if any, and such other numbers or identification marks as may be thereon, and shall also include a statement that a number has been obliterated, defaced or changed, if such is the fact. In the case of a trailer or semi-trailer, the record shall include the manufacturer's number and such other numbers or identification marks as may be thereon. He shall also have in his possession a duly assigned certificate of title from the owner of said motor vehicle in accordance with the provisions of another section of this act, from the time when the motor vehicle is delivered to him until it has been disposed of by him. Any person guilty of violating any of the provisions of this section shall be deemed guilty of a felony and punished by a fine of not more than one thousand dollars or by imprisonment in any penal institution within this state for not more than three years, or both at the discretion of the court. Penalty for violation. Deputies, etc., Temporary deputies, etc. SEC. 15. The Secretary of State is hereby given power (with the consent of the Governor) to appoint and pay from the fund hereinafter designated as the "auto-theft fund" all necessary deputies in addition to the present officers of the law to carry out the provisions of this act, and he, together with such deputies and existing officers of the law, are hereby given police power and authority throughout the state, to arrest without writ, rule, order or process, any person in the act of violating or attempting to violate in his presence, any of the provisions of this act, and they are hereby made peace officers of this state for that purpose. With the per mission and consent of the sheriff of any county or the chief of police of any city, the Secretary of State is hereby authorized to employ temporarily and deputize any deputy sheriff or police officer to investigate any auto theft matters or other violations of this act and any such officers so employed or deputized, shall have all the authority of peace officers as heretofore provided. Any officer or deputy of the Secretary of State shall have the authority and is hereby required to use reasonable diligence in ascertaining whether the owners and operators of motor vehicles are complying with the provisions of this act. separate fund. SEC. 16. All moneys received by the Secretary of State "Auto theft under the provisions of this act shall be set aside and shall fund" to be be known as the "auto-theft fund" and shall be held and retained in the state treasury as a separate fund and shall be used first to meet the necessary additional expenses of the office of the Secretary of State incurred by the performance of duties. If at the end of any fiscal year there is a balance Balance, disin said fund, said balance shall revert to the general fund in posal of. the state treasury. All expenses which may be incurred by Expenses of the Secretary of State in printing this act and in the prepara- how paid. printing, etc., tion and printing of the prescribed forms, together with the cost of postage and mailing and the necessary clerical assistance, shall be paid in the first instance out of the fund accruing from motor vehicle license fees and as soon as sufficient funds are available from the fees and collections provided for in this act, the license fund shall be reimbursed for the amount so paid. deemed, SEC. 17. Any person who shall make any false affidavit, Perjury, what or shall knowingly swear or affirm falsely, to any matter or penalty. thing required by the terms of this act to be sworn or affirmed to, shall be guilty of perjury, and upon conviction, shall be punishable by fine and imprisonment as other persons committing perjury are punishable. SEC. 18. If any provision of this act shall be held by any Saving clause. court to be unconstitutional, such judgment shall not affect any other section or provision of this act. SEC. 19. This act shall take effect on the first day of July, When effectnineteen hundred twenty-one. Approved April 13, 1921. ive. Audit, etc., of books, etc., who to make. Expense of, who to pay. Receipts, where credited. [No. 47.] AN ACT to provide for the payment to the state by certain public utilities of the expense incurred by the Michigan Public Utilities Commission in auditing the books and records and appraising the plants, properties and facilities of said public utilities; and to appropriate said moneys towards the maintenance of said commission. The People of the State of Michigan enact: SECTION 1. Whenever the Michigan Public Utilities Commission finds it to be necessary to audit the books and records, or to appraise the plants, properties or facilities of any telephone, gas, electric light, and power, electric railway, water, heat or any other public utility under the jurisdiction of said commission for rate making, capitalization, or any other purpose, it shall have the right to make such audit and appraisal through its accounting, engineering and other forces, and shall keep an accurate, detailed account of all moneys expended and expenses incurred by said commission in and about such audit and appraisal. SEC. 2. From time to time during the progress of the audit and appraisal, or at the conclusion of the same, said commission shall render to the utility in question, statements showing the amounts of money expended in such work, which expense shall be paid by such utility into the state treasury at such times and in such manner as the commission may by order require. SEC. 3. All moneys paid into the state treasury by any public utility under the provisions of this act are hereby appropriated toward the payment of the expenses of the Michigan Public Utilities Commission. This act is ordered to take immediate effect. |