Bill Text: MI HB5636 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Insurance; no-fault; operation of golf cart on public highway without requirement of no-fault insurance; allow. Amends sec. 3101 of 1956 PA 218 (MCL 500.3101). TIE BAR WITH: HB 5045'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 492'14 With Immediate Effect 2014 Addenda [HB5636 Detail]
Download: Michigan-2013-HB5636-Engrossed.html
HB-5636, As Passed House, October 2, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5636
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3101 (MCL 500.3101), as amended by 2008 PA 241.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. (1) The owner or registrant of a motor vehicle
required to be registered in this state shall maintain security for
payment of benefits under personal protection insurance, property
protection insurance, and residual liability insurance. Security
shall
is only be required to be in effect during the
period the
motor
vehicle is driven or moved upon on
a highway. Notwithstanding
any other provision in this act, an insurer that has issued an
automobile insurance policy on a motor vehicle that is not driven
or
moved upon on a highway may allow the insured owner or
registrant of the motor vehicle to delete a portion of the
coverages under the policy and maintain the comprehensive coverage
portion of the policy in effect.
(2) As used in this chapter:
(a) "Automobile insurance" means that term as defined in
section 2102.
(b) "Golf cart" means a vehicle designed for transportation
while playing the game of golf.
(c) (b)
"Highway" means highway or street as that term as is
defined in section 20 of the Michigan vehicle code, 1949 PA 300,
MCL 257.20.
(d) "Moped" means that term as defined in section 32b of the
Michigan vehicle code, 1949 PA 300, MCL 257.32b.
(e) (c)
"Motorcycle" means a
vehicle having that has a saddle
or seat for the use of the rider, is designed to travel on not more
than
3 wheels in contact with the ground, which and is
equipped
with a motor that exceeds 50 cubic centimeters piston displacement.
The
For purposes of this
subdivision, the wheels on any
attachment
to
the vehicle shall are not be considered as wheels in contact
with
the ground. Motorcycle does not include a moped , as defined
in
section 32b of the Michigan vehicle code, 1949 PA 300, MCL
257.32b.
Motorcycle does not include or
an ORV.
(f) (d)
"Motorcycle accident"
means a loss involving that
involves the ownership, operation, maintenance, or use of a
motorcycle
as a motorcycle, but does not involving involve the
ownership, operation, maintenance, or use of a motor vehicle as a
motor vehicle.
(g) (e)
"Motor vehicle" means a
vehicle, including a trailer,
that
is operated or designed for operation upon
on a public highway
by
power other than muscular power which and has more than 2
wheels.
Motor vehicle does not include a any of the following:
(i) A motorcycle. or
a
(ii) A moped. ,
as defined in section 32b of the Michigan
vehicle
code, 1949 PA 300, MCL 257.32b. Motor vehicle does not
include
a
(iii) A farm tractor or other
implement of husbandry which that
is not subject to the registration requirements of the Michigan
vehicle
code pursuant to under section 216 of the Michigan vehicle
code,
1949 PA 300, MCL 257.216. Motor vehicle does not include an
(iv) An ORV.
(v) A golf cart.
(vi) A motorized wheelchair, scooter, or other similar device
designed to assist in the personal mobility of an individual and
not for operation on a public highway.
(h) (f)
"Motor vehicle accident"
means a loss involving that
involves the ownership, operation, maintenance, or use of a motor
vehicle as a motor vehicle regardless of whether the accident also
involves the ownership, operation, maintenance, or use of a
motorcycle as a motorcycle.
(i) (g)
"ORV" means a
motor-driven recreation vehicle designed
for off-road use and capable of cross-country travel without
benefit of road or trail, on or immediately over land, snow, ice,
marsh, swampland, or other natural terrain. ORV includes, but is
not limited to, a multitrack or multiwheel drive vehicle, a
motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an
amphibious machine, a ground effect air cushion vehicle, an ATV as
defined in section 81101 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81101, or other means of
transportation deriving motive power from a source other than
muscle or wind. ORV does not include a vehicle described in this
subdivision that is registered for use upon a public highway and
has the security described in section 3101 or 3103 in effect.
(j) (h)
"Owner" means any of the
following:
(i) A person renting a motor vehicle or having the use
thereof,
of a motor vehicle, under a lease or otherwise, for a period that
is
greater longer than 30 days.
(ii) A person who that holds the legal title
to a motor
vehicle, other than a person engaged in the business of leasing
motor
vehicles who that is the lessor of a motor vehicle pursuant
to
under a lease providing that provides for the use of the motor
vehicle
by the lessee for a period that is greater longer than
30
days.
(iii) A person who that has the immediate right
of possession of
a motor vehicle under an installment sale contract.
(k) (i)
"Registrant" does not include
a person engaged in the
business
of leasing motor vehicles who that
is the lessor of a
motor
vehicle pursuant to under a lease providing that provides for
the use of the motor vehicle by the lessee for a period that is
greater
longer than 30 days.
(3) Security required by subsection (1) may be provided under
a
policy issued by an authorized insurer duly authorized to
transact
business in this state which that
affords insurance for
the payment of benefits described in subsection (1). A policy of
insurance represented or sold as providing security is considered
to provide insurance for the payment of the benefits.
(4) Security required by subsection (1) may be provided by any
other method approved by the secretary of state as affording
security equivalent to that afforded by a policy of insurance, if
proof of the security is filed and continuously maintained with the
secretary of state throughout the period the motor vehicle is
driven
or moved upon on a highway. The person filing the security
has all the obligations and rights of an insurer under this
chapter. When the context permits, "insurer" as used in this
chapter,
includes any a person filing that files the security as
provided in this section.
Enacting section 1. Section 3101(2)(g)(vi) of the insurance
code of 1956, 1956 PA 218, MCL 500.3101, as added by this
amendatory act, shall be applied retroactively.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5045 of the 97th Legislature is enacted into
law.
