HOUSE BILL No. 4398

March 19, 2019, Introduced by Reps. Sheppard, Miller, LaFave, Kahle and Bellino and referred to the Committee on Insurance.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 226, 227a, 323, 328, 518b, 658, 665, 665b,

732, and 801e (MCL 257.226, 257.227a, 257.323, 257.328, 257.518b,

257.658, 257.665, 257.665b, 257.732, and 257.801e), section 226 as

amended by 2018 PA 342, section 227a as added by 1995 PA 287,

section 323 as amended by 2018 PA 99, section 328 as amended by

2015 PA 135, section 518b as added by 2016 PA 348, section 658 as

amended by 2018 PA 204, section 665 as amended by 2016 PA 332,

section 665b as added by 2016 PA 333, section 732 as amended by

2017 PA 160, and section 801e as amended by 1983 PA 91.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 226. (1) A vehicle registration issued by the secretary

of state expires on the owner's birthday, unless another expiration

date is provided for under this act or unless the registration is

for the following vehicles, in which case registration expires on

the last day of February:

(a) A commercial vehicle except for a commercial vehicle

issued a registration under the international registration plan or

a pickup truck or van owned by an individual.

(b) Except for a trailer or semitrailer issued a registration

under the international registration plan, a trailer or semitrailer

owned by a business, corporation, or person other than an

individual; or a pole trailer.

(2) The expiration date for a registration issued for a

motorcycle is the motorcycle owner's birthday.

(3) The expiration date for a registration bearing the letters

"SEN" or "REP" is February 1.

(4) In the case of a vehicle owned by a business, corporation,

or an owner other than an individual, the secretary of state may

assign or reassign the expiration date of the registration.

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

(a) After the October 1 immediately preceding the year

designated on the registration, issue a registration upon

application and payment of the proper fee for a commercial vehicle,

other than a pickup or van owned by an individual; or a trailer

owned by a business, corporation, or person other than an

individual.

(b) Beginning 60 days before the expiration date assigned on

an international registration plan registration plate, issue a

registration under section 801g upon application and payment of the

proper apportioned fee for a commercial vehicle engaged in

interstate commerce.

before the expiration date assigned by the secretary of state,

issue a registration for a vehicle other than those designated in

subsection (1)(a) or (b). However, if an owner whose registration

period begins 45 days before his or her birthday will be out of the

state during the 45 days immediately preceding expiration of a

registration or for other good cause shown cannot apply for a

renewal registration within the 45-day period, application for a

renewal registration may be made not more than 6 months before

expiration.

(6) Except as otherwise provided in this subsection, the

secretary of state, upon application and payment of the proper fee,

shall issue a registration for a vehicle or a motorcycle to a

resident that shall expire on the owner's birthday. If the owner's

next birthday is at least 6 months but not more than 12 months in

the future, the owner shall receive a registration valid until the

owner's next birthday. If the owner's next birthday is less than 6

months in the future, the owner shall receive a registration valid

until the owner's birthday following the owner's next birthday. The

tax required under this act for a registration described in this

subsection shall be either of the following:

(a) For an original registration, the tax shall bear the same

relationship to the tax required under section 801 for a 12-month

registration as the length of the registration bears to 12 months.

(b) For a renewal of a registration, either of the following:

(i) For a registration that is for at least 6 months but not

more than 12 months, the same amount as for 12 months.

(ii) For a renewal of a registration that is for more than 12

months, 2 times the amount for 12 months.

Partial months shall be considered as whole months in the

calculation of the required tax and in the determination of the

length of time between the application for a registration and the

owner's next birthday. The tax required for that registration shall

be rounded off to whole dollars as provided in section 801.

(7) A certificate of title shall remain valid until canceled

by the secretary of state for cause or upon a transfer of an

interest shown on the certificate of title.

(8) The secretary of state, upon request, shall issue special

registration for commercial vehicles, valid for 6 months after the

date of issue, if the full registration fee exceeds $50.00, on the

payment of 1/2 the full registration fee and a service charge as

enumerated in section 802(1).

(9) The secretary of state may issue a special registration

for each of the following:

(a) A new vehicle purchased or leased outside of this state

and delivered in this state to the purchaser or lessee by the

manufacturer of that vehicle for removal to a place outside of this

state, if a certification is made that the vehicle will be

primarily used, stored, and registered outside of this state and

will not be returned to this state by the purchaser or lessee for

use or storage.

(b) A vehicle purchased or leased in this state and delivered

to the purchaser or lessee by a dealer or by the owner of the

vehicle for removal to a place outside of this state, if a

certification is made that the vehicle will be primarily used,

stored, and registered outside of this state and will not be

returned to this state by the purchaser or lessee for use or

storage.

(10) A special registration issued under subsection (9) is

valid for not more than 30 days after the date of issuance, and a

fee shall be collected for each special registration as provided in

section 802(3). The special registration may be in the form

determined by the secretary of state. If a dealer makes a retail

sale or lease of a vehicle to a purchaser or lessee who is

qualified and eligible to obtain a special registration, the dealer

shall apply for the special registration for the purchaser or

lessee. If a person other than a dealer sells or leases a vehicle

to a purchaser or lessee who is qualified and eligible to obtain a

special registration, the purchaser or lessee shall appear in

person, or by a person exercising the purchaser's or lessee's power

of attorney, at an office of the secretary of state and furnish a

certification that the person is the bona fide purchaser or lessee

or that the person has granted the power of attorney, together with

other forms required for the issuance of the special registration

and provide the secretary of state with proof that the vehicle is

covered by ~~a Michigan no-fault~~ an insurance policy ~~issued under~~

that complies with section ~~3101~~ 3009 of the insurance code of 1956,

1956 PA 218, MCL ~~500.3101, or proof that the vehicle is covered by~~

~~a policy of insurance issued by an insurer under section 3163 of~~

~~the insurance code of 1956, 1956 PA 218, MCL 500.3163.~~ 500.3009.

The certification required in under this subsection shall contain

all of the following:

(a) The address of the purchaser or lessee.

(b) A statement that the vehicle is purchased or leased for

registration outside of this state.

stored, and registered outside of this state.

(d) The name of the jurisdiction in which the vehicle is to be

registered.

(e) Other information requested by the secretary of state.

(11) In the case of a commercial vehicle, trailer, or

semitrailer issued a registration under the international

registration plan, the secretary of state in mutual agreement with

the owner may assign or reassign the expiration date of the

registration. However, the expiration date agreed to shall be

either March 31, June 30, September 30, or December 31 or beginning

on February 19, 2019, the last day of a calendar month. Renewals

expiring on or after June 30, 2020 shall be for a minimum of at

least 12 months if there is a change in the established expiration

date.

(12) The expiration date for a multiyear registration issued

for a leased vehicle shall be the date the lease expires but shall

not be for a period longer than 24 months.

Sec. 227a. (1) If a court has notified the secretary of state

of a vehicle registration number as provided in section 328(4) and

the owner has not secured proof that the vehicle involved in the

violation is currently insured under ~~chapter 31~~ an insurance policy

that complies with section 3009 of the insurance code of 1956, ~~Act~~

~~No. 218 of the Public Acts of 1956, being sections 500.3101 to~~

~~500.3179 of the Michigan Compiled Laws,~~ 1956 PA 218, MCL 500.3009,

the secretary of state shall not renew, replace, or transfer the

registration plate of the vehicle ~~involved in the violation~~ or

allow the purchase of a new registration plate for the vehicle

~~involved in the violation,~~ until the owner or the owner's

representative appears at a branch office and does both of the

following:

(a) Shows a certified statement from an automobile insurer on

a standard form prescribed by the ~~commissioner~~ director of the

department of insurance and financial services that the vehicle

~~involved in the violation~~ is currently insured under a prepaid

~~noncancelable~~ insurance policy that is not cancelable for a period

of ~~not less than~~ 6 months ~~under chapter 31 of Act No. 218 of the~~

~~Public Acts of 1956.~~or longer and that complies with section 3009

of the insurance code of 1956, 1956 PA 218, MCL 500.3009.

(b) Pays a fee of $50.00 in addition to any other fee required

by law, of which $25.00 shall be allocated to the secretary of

state to defray the costs of administering this section.

(2) The secretary of state may cancel the registration of a

motor vehicle under either of the following circumstances:

(a) The secretary of state receives notice that a court has

determined that a vehicle involved in the violation was not insured

~~as required by chapter 31 of Act No. 218 of the Public Acts of~~

~~1956,~~ under an insurance policy that complied with section 3009 of

the insurance code of 1956, 1956 PA 218, MCL 500.3009, at the time

of registration.

(b) The secretary of state receives notice that a court has

determined that the owner or the owner's representative presented a

certificate of insurance that was forged, altered, fraudulent, or

counterfeit when insurance was required by this act.

(3) Before ~~a cancellation occurs~~ the secretary of state

cancels a registration under subsection (2), the secretary of state

shall give the person who will be affected by the cancellation

~~shall be given~~ notice and an opportunity to be heard.

Sec. 323. (1) A person aggrieved by a final determination of

the secretary of state denying the person an operator's or

chauffeur's license, a vehicle group designation, or an indorsement

on a license or revoking, suspending, or restricting an operator's

or chauffeur's license, vehicle group designation, or an

indorsement may petition for a review of the determination in the

circuit court in the county where the person was arrested if the

denial or suspension was imposed under section 625f or under the

order of a trial court under section 328 or, in all other cases, in

the circuit court in the person's county of residence. The person

shall file the petition within 63 days after the determination is

made except that for good cause shown the court may allow the

person to file petition within 182 days after the determination is

made. As provided in section 625f, a peace officer aggrieved by a

determination of a hearing officer in favor of a person who

requested a hearing under section 625f may, with the prosecuting

attorney's consent, petition for review of the determination in the

circuit court in the county where the arrest was made. The peace

officer shall file the petition within 63 days after the

determination is made except that for good cause shown the court

may allow the peace officer to file the petition within 182 days

after the determination is made.

(2) Except as otherwise provided in this section, the circuit

court shall enter an order setting the cause for hearing for a day

certain not more than 63 days after the order's date. The order, a

copy of the petition that includes the person's full name, current

address, birth date, and driver's license number, and all

supporting affidavits must be served on the secretary of state's

office in Lansing not less than 20 days before the date set for the

hearing. If the person is seeking a review of the record prepared

under section 322 or section 625f, the service upon the secretary

of state must be made not less than 50 days before the date set for

the hearing.

(3) The court may take testimony and examine all the facts and

circumstances relating to the denial, suspension, or restriction of

the person's license under sections 303(1)(d), 320, or 904(10) or

(11), a licensing action under section 310d, or a suspension for a

first violation under section 625f. The court may affirm, modify,

or set aside the restriction, suspension, or denial, except the

court shall not order the secretary of state to issue a restricted

or unrestricted chauffeur's license that would permit the person to

drive a commercial motor vehicle that hauls a hazardous material.

The court shall enter the order and the petitioner shall file a

certified copy of the order with the secretary of state's office in

Lansing within 7 days after entry of the order.

(4) Except as otherwise provided in this section, in reviewing

a determination resulting in a denial, suspension, restriction, or

revocation under this act, the court shall confine its

consideration to a review of the record prepared under section 322

or 625f or the driving record created under section 204a for a

statutory legal issue, and may determine that the petitioner is

eligible for full driving privileges or, if the petitioner is

subject to a revocation under section 303, may determine that the

petitioner is eligible for restricted driving privileges. The court

shall set aside the secretary of state's determination only if 1 or

more of the following apply:

(a) In determining whether a petitioner is eligible for full

driving privileges, the petitioner's substantial rights have been

prejudiced because the determination is any of the following:

(i) In violation of the Constitution of the United States, the

state constitution of 1963, or a statute.

(ii) In excess of the secretary of state's statutory authority

or jurisdiction.

(iii) Made upon unlawful procedure resulting in material

prejudice to the petitioner.

(iv) Not supported by competent, material, and substantial

evidence on the whole record.

(v) Arbitrary, capricious, or clearly an abuse or unwarranted

exercise of discretion.

(vi) Affected by other substantial and material error of law.

(b) In determining whether a petitioner is eligible for review

of a revocation or denial under section 303, or whether a

petitioner is eligible for restricted driving privileges, all of

the following apply:

(i) The petitioner's substantial rights have been prejudiced

as described in subdivision (a).

(ii) All of the following are satisfied:

(A) The revocation or denial occurred at least 1 year after

the petitioner's license was revoked or denied, or, if the

petitioner's license was previously revoked or denied within the 7

years preceding the most recent revocation or denial, at least 5

years after the most recent revocation or denial, whichever is

later.

(B) The court finds that the petitioner meets the department's

requirements under the rules promulgated by the department under

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

to ~~24.238.~~ 24.328. For purposes of this sub-subparagraph only, the

court may take additional testimony to supplement the record

prepared under section 322 or 625f or the driving record created

under section 204a, but shall not expand the record.

(b), (c), or (g), the petitioner rebuts by clear and convincing

evidence the presumption that he or she is a habitual offender, and

establishes to the court's satisfaction that he or she is likely to

adhere to any requirements imposed by the court. For purposes of

this sub-subparagraph, the conviction that resulted in the

revocation and any record of denial of reinstatement by the

department are prima facie evidence that the petitioner is a

habitual offender. For purposes of this sub-subparagraph only, the

court may take additional testimony to supplement the record

prepared under section 322 or 625f or the driving record created

under section 204a, but shall not expand the record.

(5) If the court determines that a petitioner is eligible for

restricted driving privileges under subsection (4)(b), the court

shall issue an order that includes, but is not limited to, all of

the following:

(a) The court's findings under section 303 and R 257.1 to R

257.1727 of the Michigan Administrative Code.

(b) A requirement that each motor vehicle operated by the

petitioner be equipped with a properly installed and functioning

ignition interlock device for a period of not less than 1 year

before the petitioner will be eligible to return to the secretary

of state for a hearing. The petitioner shall bear the cost of an

ignition interlock device required under this subdivision. A

restricted license must not be issued to the petitioner until the

secretary of state has verified that 1 or more ignition interlock

devices, if applicable, have been installed as required by this

subdivision.

petitioner maintains ~~no-fault~~ insurance for each vehicle described

in subdivision (b) ~~as required by chapter 31~~ that complies with

section 3009 of the insurance code of 1956, 1956 PA 218, MCL

~~500.3101 to 500.3179.~~500.3009.

(d) A requirement that a restricted license issued to the

petitioner must not permit the petitioner to operate a commercial

motor vehicle that hauls hazardous materials.

(e) A provision that the secretary of state shall revoke the

petitioner's restricted license if any of the following occur:

(i) The petitioner violates the restrictions on his or her

license.

(ii) The petitioner violates subdivision (b).

(iii) The petitioner removes, or causes to be removed, an

ignition interlock device required under subdivision (b), unless

the secretary of state has authorized the removal under section

322a.

(iv) The petitioner commits an act that would be a major

violation if the petitioner's license had been issued under section

322(6) or consumes alcohol or a controlled substance without a

prescription. As used in this subparagraph, "major violation" means

that term as defined in R 257.301a of the Michigan Administrative

Code.

(v) The petitioner is arrested for a violation of section 625

or a local ordinance, law of this state or another state, or law of

the United States that substantially corresponds to section 625.

(6) If the court determines that a petitioner is eligible for

restricted driving privileges under this section and the petitioner

intends to operate a vehicle owned by his or her employer, the

court shall notify the employer of the petitioner's obligation

under subsection (5)(b). This subsection does not require an

employer who receives a notice under this subsection to install an

ignition interlock device on a vehicle. This subsection does not

apply to a vehicle that is operated by a self-employed individual

who uses the vehicle for both business and personal use.

(7) If a court determines that a petitioner is eligible for

restricted driving privileges, the secretary of state shall not

issue a restricted license to the petitioner until he or she has

satisfied any other applicable requirements of state or federal

law, and shall not issue a restricted license to the petitioner if

the order granting eligibility for restricted driving privileges

does not comply with subsection (5).

(8) If a court determines that a petitioner is eligible for

restricted driving privileges, the court shall notify the

department of its determination through the issuance of an order

under subsection (5) and shall not retain jurisdiction over a

license issued under this section.

Sec. 328. (1) The owner of a motor vehicle who operates or

permits the operation of the motor vehicle upon the highways of

this state or the operator of the motor vehicle shall produce,

under subsection (2), upon the request of a police officer,

evidence that the motor vehicle is insured under ~~chapter 31~~ a

policy of insurance that complies with section 3009 of the

insurance code of 1956, 1956 PA 218, MCL ~~500.3101 to 500.3179.~~

500.3009. Subject to section 907(15), an owner or operator of a

motor vehicle who fails to produce evidence of insurance upon

request under this subsection or who fails to have motor vehicle

insurance for the vehicle ~~as required under chapter 31~~ that

complies with section 3009 of the insurance code of 1956, 1956 PA

218, MCL ~~500.3101 to 500.3179,~~ 500.3009, is responsible for a civil

infraction. If a person displays an electronic copy of his or her

certificate of insurance using an electronic device, the police

officer shall only view the electronic copy of the certificate of

insurance and shall not manipulate the electronic device to view

any other information on the electronic device. A person who

displays an electronic copy of his or her certificate of insurance

using an electronic device as provided in this subsection shall not

be presumed to have consented to a search of the electronic device.

A police officer may require the person to electronically forward

the electronic copy of the certificate of insurance to a specified

location provided by the police officer. The police officer may

then view the electronic copy of the certificate of insurance in a

setting in which it is safe for the officer to verify that the

information contained in the electronic copy of the certificate of

insurance is valid and accurate. This state, a law enforcement

agency, or an employee of this state or a law enforcement agency is

not liable for damage to or loss of an electronic device that

occurs as a result of a police officer's viewing an electronic copy

of a certificate of insurance in the manner provided in this

section, regardless of whether the police officer or the owner or

operator of the vehicle was in possession of the electronic device

at the time the damage or loss occurred.

(2) A certificate of insurance, in paper or electronic form

and issued by an insurance company, that certifies that ~~the~~

~~security that meets the requirements of sections 3101 and 3102~~

insurance that complies with section 3009 of the insurance code of

1956, 1956 PA 218, MCL ~~500.3101 and 500.3102,~~ 500.3009, is in force

is prima facie evidence that insurance is in force for the motor

vehicle described in the certificate of insurance until the

expiration date shown on the certificate. The certificate, in

addition to describing the motor vehicles for which insurance is in

effect, must, if applicable, state the name of each person named on

the policy, policy declaration, or a declaration certificate whose

operation of the vehicle would cause the liability coverage of that

insurance to become void.

(3) If, before the appearance date on a citation issued under

subsection (1), the defendant submits proof to the court that the

motor vehicle had insurance ~~meeting the requirements of sections~~

~~3101 and 3102~~ that complied with section 3009 of the insurance code

of 1956, 1956 PA 218, MCL ~~500.3101 and 500.3102,~~ 500.3009 at the

time the violation of subsection (1) occurred, all of the following

apply:

(a) The court shall not assess a fine or costs.

(b) The court shall not forward an abstract of the court

record to the secretary of state.

shall be paid to the court funding unit.

(4) If an owner or operator of a motor vehicle is determined

to be responsible for a violation of subsection (1), the court in

which the civil infraction determination is entered may require the

person to surrender his or her operator's or chauffeur's license

unless proof that the vehicle has insurance ~~meeting the~~

~~requirements of sections 3101 and 3102~~ that complies with section

3009 of the insurance code of 1956, 1956 PA 218, MCL ~~500.3101 and~~

~~500.3102,~~ 500.3009, is submitted to the court. If the court

requires the license to be surrendered, the court shall order the

secretary of state to suspend the person's license. The court shall

immediately destroy the license and shall forward an abstract of

the court record to the secretary of state as required by section

732. Upon receipt of the abstract, the secretary of state shall

suspend the person's license beginning with the date on which the

person is determined to be responsible for the civil infraction for

a period of 30 days or until proof of insurance ~~meeting the~~

~~requirements of sections 3101 and 3102~~ that complies with section

3009 of the insurance code of 1956, 1956 PA 218, MCL ~~500.3101 and~~

~~500.3102,~~ 500.3009, is submitted to the secretary of state,

whichever occurs later. A person who submits proof of insurance to

the secretary of state under this subsection shall pay a service

fee of $25.00 to the secretary of state. The person shall not be

required to be examined under section 320c and shall not be

required to pay a replacement license fee.

(5) If an owner or operator of a motor vehicle is determined

to be responsible for a violation of subsection (1), the court in

which the civil infraction determination is entered shall notify

the secretary of state of the vehicle registration number and the

year and make of the motor vehicle being operated at the time of

the violation. A notification under this subsection shall be made

on the abstract or on a form approved by the supreme court

administrator. Upon receipt, the secretary of state shall

immediately enter this information in the records of the

department. The secretary of state shall not renew, transfer, or

replace the registration plate of the vehicle involved in the

violation or allow the purchase of a new registration plate for the

vehicle involved in the violation until the owner meets the

requirements of section 227a or unless the vehicle involved in the

violation is transferred or sold to a person other than the owner's

spouse, mother, father, sister, brother, or child.

(6) An owner or operator of a motor vehicle who knowingly

produces false evidence under this section is guilty of a

misdemeanor, punishable by imprisonment for not more than 1 year,

or a fine of not more than $1,000.00, or both.

(7) ~~Points~~ The secretary of state shall not ~~be entered~~ enter

points on a driver's record under section 320a for a violation of

this section.

(8) This section does not apply to the owner or operator of a

motor vehicle that is registered in a state other than this state

or a foreign country or province.

Sec. 518b. (1) All of the following types of automobile

insurance satisfy the financial responsibility requirements of this

chapter:

(a) During the time that a transportation network company

driver is logged on to the transportation network company's digital

network and is available to receive transportation requests but is

not engaged in a transportation network company prearranged ride,

~~all of the following types of automobile insurance:~~

(i~~) Residual third party automobile liability~~ insurance as

~~required under chapter 31~~ that complies with section 3009 of the

insurance code of 1956, 1956 PA 218, MCL ~~500.3101 to 500.3179,~~

500.3009, in the amount of at least $50,000.00 per person for death

or bodily injury, $100,000.00 per incident for death or bodily

injury, and $25,000.00 for property damage.

(ii~~) Personal protection insurance and property protection~~

~~insurance in the amounts and of the types of coverage required by~~

~~chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101~~

~~to 500.3179.~~

(b) During the time that a transportation network company

driver is engaged in a transportation network company prearranged

ride, ~~all of the following types of automobile insurance:~~

(i~~) Residual third party automobile liability~~ insurance that

complies with section 3009 of the insurance code of 1956, 1956 PA

218, MCL 500.3009, with a minimum combined single limit of

$1,000,000.00 for all bodily injury or property damage.

(ii~~) Personal protection insurance and property protection~~

~~insurance in the amounts and of the types of coverage required by~~

~~chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101~~

~~to 500.3179.~~

(2) This section only applies to automobile insurance obtained

by a transportation network company driver or a transportation

network company.

Sec. 658. (1) A person propelling a bicycle or operating a

motorcycle or moped shall not ride other than upon and astride a

permanent and regular seat attached to that vehicle.

(2) A bicycle or motorcycle shall not be used to carry more

persons at 1 time than the number for which it is designed and

equipped.

(3) An electric personal assistive mobility device or an

electric skateboard shall not be used to carry more than 1 person

at a time.

(4) A person less than 19 years of age operating a moped on a

public thoroughfare shall wear a crash helmet on his or her head. A

person less than 19 years of age operating an electric skateboard

shall wear a crash helmet on his or her head. Except as provided in

subsection (5), a person operating or riding on a motorcycle shall

wear a crash helmet on his or her head.

(5) The following conditions apply to a person 21 years of age

or older operating or riding on a motorcycle, as applicable:

(a) A person who is operating a motorcycle is not required to

wear a crash helmet on his or her head if he or she has had a

motorcycle endorsement on his or her operator's or chauffeur's

license for not less than 2 years or the person passes a motorcycle

safety course conducted under section 811a or 811b. ~~and satisfies~~

~~the requirements of subdivision (c).~~

(b) A person who is riding on a motorcycle is not required to

wear a crash helmet on his or her head. ~~if the person or the~~

~~operator of the motorcycle satisfies the requirements of~~

~~subdivision (c).~~

~~(c) A person who is operating a motorcycle and a person who is~~

~~riding on a motorcycle are not required to wear crash helmets on~~

~~their heads if the operator of the motorcycle or the rider has in~~

~~effect security for the first-party medical benefits payable in the~~

~~event that he or she is involved in a motorcycle accident, as~~

~~provided in section 3103 of the insurance code of 1956, 1956 PA~~

~~218, MCL 500.3103, in 1 of the following amounts, as applicable:~~

(i~~) A motorcycle operator without a rider, not less than~~

~~$20,000.00.~~

(ii~~) A motorcycle operator with a rider, not less than~~

~~$20,000.00 per person per occurrence. However, if the rider has~~

~~security in an amount not less than $20,000.00, then the operator~~

~~is only required to have security in the amount of not less than~~

~~$20,000.00.~~

(6) Crash helmets shall be approved by the department of state

police. The department of state police shall promulgate rules for

the implementation of this section under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in

effect on June 1, 1970, apply to helmets required by this act.

(7) The crash helmet requirements under this section do not

apply to a person operating or riding in an autocycle if the

vehicle is equipped with a roof that meets or exceeds standards for

a crash helmet.

(8) A person operating or riding in an autocycle shall wear

seat belts when on a public highway in this state.

(9) A person under the age of 12 shall not operate an electric

skateboard on a public highway or street.

Sec. 665. (1) Before beginning research or testing on a

highway or street in this state of an automated motor vehicle,

technology that allows a motor vehicle to operate without a human

operator, or any automated driving system installed in a motor

vehicle under this section, the manufacturer of automated driving

systems or upfitter performing that research or testing shall

submit proof satisfactory to the secretary of state that the

vehicle is insured ~~under chapter 31~~ under an insurance policy that

meets the requirements of section 3009 of the insurance code of

1956, 1956 PA 218, MCL ~~500.3101 to 500.3179.~~500.3009.

(2) A manufacturer of automated driving systems or upfitter

shall ensure that all of the following circumstances exist when

researching or testing the operation, including operation without a

human operator, of an automated motor vehicle or any automated

technology or automated driving system installed in a motor vehicle

upon a highway or street:

(a) The vehicle is operated only by an employee, contractor,

or other person designated or otherwise authorized by that

manufacturer of automated driving systems or upfitter. This

subdivision does not apply to a university researcher or an

employee of the state transportation department or the department

described in subsection (3).

(b) An individual described in subdivision (a) has the ability

to monitor the vehicle's performance while it is being operated on

a highway or street in this state and, if necessary, promptly take

control of the vehicle's movements. If the individual does not, or

is unable to, take control of the vehicle, the vehicle shall be

capable of achieving a minimal risk condition.

and the individual who is monitoring the vehicle for purposes of

subdivision (b) may lawfully operate a motor vehicle in the United

States.

(3) A university researcher or an employee of the state

transportation department or the department who is engaged in

research or testing of automated motor vehicles may operate an

automated motor vehicle if the operation is in compliance with

subsection (2).

(4) An automated motor vehicle may be operated on a street or

highway in this state.

(5) When engaged, an automated driving system allowing for

operation without a human operator shall be considered the driver

or operator of a vehicle for purposes of determining conformance to

any applicable traffic or motor vehicle laws and shall be deemed to

satisfy electronically all physical acts required by a driver or

operator of the vehicle.

(6) The Michigan council on future mobility is created within

the state transportation department. The council shall provide to

the governor, legislature, department, state transportation

department, department of insurance and financial services,

department of technology, management, and budget, and department of

state police recommendations for changes in state policy to ensure

that this state continues to be the world leader in autonomous,

driverless, and connected vehicle technology. The council created

under this subsection shall consist of all of the following

members, who shall serve without compensation:

(a) Eleven individuals appointed by the governor who represent

the interests of local government or are business, policy,

research, or technological leaders in future mobility. The

individuals appointed under this subdivision shall be voting

members.

(b) One individual appointed by the governor who is

representative of insurance interests. The individual appointed

under this subdivision shall be a voting member.

to serve as nonvoting ex officio members. One of the senators

appointed under this subdivision shall be a member of the majority

party, and 1 of the senators appointed under this subdivision shall

be a member of the minority party.

(d) Two state representatives appointed by the speaker of the

house of representatives to serve as nonvoting ex officio members.

One of the representatives appointed under this subdivision shall

be a member of the majority party, and 1 of the representatives

appointed under this subdivision shall be a member of the minority

party.

(e) The secretary of state or his or her designee. The

individual appointed under this subdivision shall be a voting

member.

(f) The director of the state transportation department or his

or her designee. The individual appointed under this subdivision

shall be a voting member.

(g) The director of the department of state police or his or

her designee. The individual appointed under this subdivision shall

be a voting member.

(h) The director of the department of insurance and financial

services or his or her designee. The individual appointed under

this subdivision shall be a voting member.

(i) The director of the department of technology, management,

and budget or his or her designee. The individual appointed under

this subdivision shall be a voting member.

(7) The governor shall designate 1 or more of the members of

the commission to serve as chairperson of the commission who shall

serve at the governor's pleasure.

(8) The council created under subsection (6) shall submit

recommendations for statewide policy changes and updates no later

than March 31, 2017 and shall continue to make recommendations

annually thereafter, or more frequently in the commission's

discretion.

(9) A person may operate a platoon on a street or highway of

this state if the person files a plan for general platoon

operations with the department of state police and the state

transportation department before starting platoon operations. If

the plan is not rejected by either the department of state police

or the state transportation department within 30 days after receipt

of the plan, the person shall be allowed to operate the platoon.

(10) All of the following apply to a platoon:

(a) Vehicles in a platoon shall not be considered a

combination of vehicles for purposes of this act.

(b) The lead vehicle in a platoon shall not be considered to

draw the other vehicles.

appropriately endorsed driver who holds a valid commercial driver

license shall be present behind the wheel of each commercial motor

vehicle in the platoon.

Sec. 665b. (1) A motor vehicle manufacturer may participate in

a SAVE project if it self-certifies to all of the following:

(a) That it is a motor vehicle manufacturer. A person that is

not a motor vehicle manufacturer may not participate in a SAVE

project.

(b) That each vehicle in the participating fleet is owned or

controlled by the motor vehicle manufacturer and is equipped with

all of the following:

(i) An automated driving system.

(ii) Automatic crash notification technology.

(iii) A data recording system that has the capacity to record

the automated driving system's status and other vehicle attributes

including, but not limited to, speed, direction, and location

during a specified time period before a crash as determined by the

motor vehicle manufacturer.

state and federal laws.

(d) That each vehicle in the participating fleet is capable of

being operated in compliance with applicable traffic and motor

vehicle laws of this state.

(2) A motor vehicle manufacturer's eligibility to participate

in a SAVE project under this section is conditioned solely upon

meeting the requirements of this section. A motor vehicle

manufacturer shall verify its satisfaction of the requirements of

this section using the self-certification described in subsection

(1).

(3) All of the following apply to a motor vehicle manufacturer

that participates in a SAVE project:

(a) The motor vehicle manufacturer may commence a SAVE project

at any time after it notifies the department that it has self-

certified as provided in subsection (1). The notification required

by this subdivision shall also set forth the geographical

boundaries for the SAVE project. A motor vehicle manufacturer may

make multiple notifications under this subsection.

(b) The motor vehicle manufacturer may participate in a SAVE

project under any terms it deems appropriate so long as the terms

are consistent with this section and other applicable law.

geographical boundaries for a SAVE project, which may include, but

are not limited to, any of the following:

(i) A designated area within a municipality.

(ii) An area maintained by a regional authority.

(iii) A university campus.

(iv) A development that caters to senior citizens.

(v) A geographic or demographic area that is similar to the

areas described in subparagraphs (i) to (iv).

(d) Public operation of a participating fleet shall be

confined to the boundaries selected by the motor vehicle

manufacturer under subdivision (c).

(e) For the duration of a SAVE project, the motor vehicle

manufacturer shall maintain incident records and provide periodic

summaries related to the safety and efficacy of travel of the

participating fleet to the department and the National Highway

Traffic Safety Administration.

(f) An individual who participates in a SAVE project is deemed

by his or her participation to have consented to the collection of

the information described in subdivision (e) while he or she is in

a vehicle that is part of the participating fleet and to the

provision of the summaries to the department and the National

Highway Traffic Safety Administration as described in subdivision

(e). Before commencing a SAVE project, and for the duration of the

SAVE project, the motor vehicle manufacturer shall make publicly

available a privacy statement disclosing its data handling

practices in connection with the applicable participating fleet.

(4) When engaged, an automated driving system or any remote or

expert-controlled assist activity shall be considered the driver or

operator of the vehicle for purposes of determining conformance to

any applicable traffic or motor vehicle laws and shall be deemed to

satisfy electronically all physical acts required by a driver or

operator of the vehicle. A motor vehicle manufacturer shall insure

each vehicle in a participating fleet ~~as required under this act~~

~~and chapter 31~~ under an insurance policy that complies with section

3009 of the insurance code of 1956, 1956 PA 218, MCL ~~500.3101 to~~

~~500.3179.~~ 500.3009. For each SAVE project in which it participates,

during the time that an automated driving system is in control of a

vehicle in the participating fleet, a motor vehicle manufacturer

shall assume liability for each incident in which the automated

driving system is at fault. ~~, subject to chapter 31 of the~~

~~insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.~~

Sec. 732. (1) Each municipal judge and each clerk of a court

of record shall keep a full record of every case in which a person

is charged with or cited for a violation of this act or a local

ordinance substantially corresponding to this act regulating the

operation of vehicles on highways and with those offenses

pertaining to the operation of ORVs or snowmobiles for which points

are assessed under section 320a(1)(c) or (i). Except as provided in

subsection (16), the municipal judge or clerk of the court of

record shall prepare and forward to the secretary of state an

abstract of the court record as follows:

(a) Not more than 5 days after a conviction, forfeiture of

bail, or entry of a civil infraction determination or default

judgment upon a charge of or citation for violating or attempting

to violate this act or a local ordinance substantially

corresponding to this act regulating the operation of vehicles on

highways.

(b) Immediately for each case charging a violation of section

625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local

ordinance substantially corresponding to section 625(1), (3), (6),

or (8) or section 625m in which the charge is dismissed or the

defendant is acquitted.

82127(1) or (3) or 81134 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.82127 and 324.81134, or a

local ordinance substantially corresponding to those sections.

(2) If a city or village department, bureau, or person is

authorized to accept a payment of money as a settlement for a

violation of a local ordinance substantially corresponding to this

act, the city or village department, bureau, or person shall send a

full report of each case in which a person pays any amount of money

to the city or village department, bureau, or person to the

secretary of state upon a form prescribed by the secretary of

state.

(3) The abstract or report required under this section shall

be made upon a form furnished by the secretary of state. An

abstract shall be certified by signature, stamp, or facsimile

signature of the person required to prepare the abstract as

correct. An abstract or report shall include all of the following:

(a) The name, address, and date of birth of the person charged

or cited.

(b) The number of the person's operator's or chauffeur's

license, if any.

(d) The type of vehicle driven at the time of the violation

and, if the vehicle is a commercial motor vehicle, that vehicle's

group designation.

(e) The date of the conviction, finding, forfeiture, judgment,

or civil infraction determination.

(f) Whether bail was forfeited.

(g) Any license restriction, suspension, or denial ordered by

the court as provided by law.

(h) The vehicle identification number and registration plate

number of all vehicles that are ordered immobilized or forfeited.

(i) Other information considered necessary to the secretary of

state.

(4) The clerk of the court also shall forward an abstract of

the court record to the secretary of state upon a person's

conviction or, for the purposes of subdivision (d), a finding or

admission of responsibility, involving any of the following:

(a) A violation of section 413, 414, or 479a of the Michigan

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

(b) A violation of section 1 of former 1931 PA 214.

the operation of a vehicle.

(d) A violation of sections 701(1) and 703 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,

or a local ordinance substantially corresponding to those sections.

(e) A violation of section 411a(2) of the Michigan penal code,

1931 PA 328, MCL 750.411a.

(f) A violation of motor carrier safety regulations 49 CFR

392.10 or 392.11 as adopted by section 1a of the motor carrier

safety act of 1963, 1963 PA 181, MCL 480.11a.

(g) A violation of section 57 of the pupil transportation act,

1990 PA 187, MCL 257.1857.

(h) An attempt to violate, a conspiracy to violate, or a

violation of part 74 of the public health code, 1978 PA 368, MCL

333.7401 to 333.7461, or a local ordinance that prohibits conduct

prohibited under part 74 of the public health code, 1978 PA 368,

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

to life imprisonment or a minimum term of imprisonment that exceeds

1 year for the offense.

(i) An attempt to commit an offense described in subdivisions

(a) to (g).

(j) A violation of chapter LXXXIII-A of the Michigan penal

code, 1931 PA 328, MCL 750.543a to 750.543z.

(k) A violation of section ~~3101, 3102(1), or 3103 of the~~

~~insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and~~

~~500.3103.~~328.

(l) A violation listed as a disqualifying offense under 49 CFR

383.51.

(5) The clerk of the court shall also forward an abstract of

the court record to the secretary of state if a person has pled

guilty to, or offered a plea of admission in a juvenile proceeding

for, a violation of section 703 of the Michigan liquor control code

of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to that section, and has had further

proceedings deferred under that section. If the person is sentenced

to a term of probation and terms and conditions of probation are

fulfilled and the court discharges the individual and dismisses the

proceedings, the court shall also report the dismissal to the

secretary of state.

(6) As used in subsections (7) to (9), "felony in which a

motor vehicle was used" means a felony during the commission of

which the person operated a motor vehicle and while operating the

vehicle presented real or potential harm to persons or property and

1 or more of the following circumstances existed:

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

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

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

felony.

(7) If a person is charged with a felony in which a motor

vehicle was used, other than a felony specified in subsection (4)

or section 319, the prosecuting attorney shall include the

following statement on the complaint and information filed in

district or circuit court:

"You are charged with the commission of a felony in which a

motor vehicle was used. If you are convicted and the judge finds

that the conviction is for a felony in which a motor vehicle was

used, as defined in section 319 of the Michigan vehicle code, 1949

PA 300, MCL 257.319, your driver's license shall be suspended by

the secretary of state.".

(8) If a juvenile is accused of an act, the nature of which

constitutes a felony in which a motor vehicle was used, other than

a felony specified in subsection (4) or section 319, the

prosecuting attorney or family division of circuit court shall

include the following statement on the petition filed in the court:

"You are accused of an act the nature of which constitutes a

felony in which a motor vehicle was used. If the accusation is

found to be true and the judge or referee finds that the nature of

the act constitutes a felony in which a motor vehicle was used, as

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

MCL 257.319, your driver's license shall be suspended by the

secretary of state.".

(9) If the court determines as part of the sentence or

disposition that the felony for which the person was convicted or

adjudicated and with respect to which notice was given under

subsection (7) or (8) is a felony in which a motor vehicle was

used, the clerk of the court shall forward an abstract of the court

record of that conviction to the secretary of state.

(10) As used in subsections (11) and (12), "felony in which a

commercial motor vehicle was used" means a felony during the

commission of which the person operated a commercial motor vehicle

and while the person was operating the vehicle 1 or more of the

following circumstances existed:

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

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

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

felony.

(11) If a person is charged with a felony in which a

commercial motor vehicle was used and for which a vehicle group

designation on a license is subject to suspension or revocation

under section 319b(1)(c)(iii), ~~319b(1)(d), 319b(1)(e)(~~~~iii~~~~), or~~

~~319b(1)(f)(~~i), (d), (e)(iii), or (f)(i), the prosecuting attorney

shall include the following statement on the complaint and

information filed in district or circuit court:

"You are charged with the commission of a felony in which a

commercial motor vehicle was used. If you are convicted and the

judge finds that the conviction is for a felony in which a

commercial motor vehicle was used, as defined in section 319b of

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

group designations on your driver's license shall be suspended or

revoked by the secretary of state.".

(12) If the judge determines as part of the sentence that the

felony for which the defendant was convicted and with respect to

which notice was given under subsection (11) is a felony in which a

commercial motor vehicle was used, the clerk of the court shall

forward an abstract of the court record of that conviction to the

secretary of state.

(13) Every person required to forward abstracts to the

secretary of state under this section shall certify for the period

from January 1 through June 30 and for the period from July 1

through December 31 that all abstracts required to be forwarded

during the period have been forwarded. The certification shall be

filed with the secretary of state not later than 28 days after the

end of the period covered by the certification. The certification

shall be made upon a form furnished by the secretary of state and

shall include all of the following:

(a) The name and title of the person required to forward

abstracts.

(b) The court for which the certification is filed.

(d) The following statement:

"I certify that all abstracts required by section 732 of the

Michigan vehicle code, MCL 257.732; ~~MSA 9.2432,~~ for the period

________________ through ______________ have been forwarded to the

secretary of state.".

(e) Other information the secretary of state considers

necessary.

(f) The signature of the person required to forward abstracts.

(14) The failure, refusal, or neglect of a person to comply

with this section constitutes misconduct in office and is grounds

for removal from office.

(15) Except as provided in subsection (16), the secretary of

state shall keep all abstracts received under this section at the

secretary of state's main office and the abstracts shall be open

for public inspection during the office's usual business hours.

Each abstract shall be entered upon the master driving record of

the person to whom it pertains.

(16) Except for controlled substance offenses described in

subsection (4), the court shall not submit, and the secretary of

state shall discard and not enter on the master driving record, an

abstract for a conviction or civil infraction determination for any

of the following violations:

(a) The parking or standing of a vehicle.

(b) A nonmoving violation that is not the basis for the

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

(d) A pedestrian, passenger, or bicycle violation, other than

a violation of section 703(1) or (2) of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to section 703(1) or (2) of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

section 624a or 624b or a local ordinance substantially

corresponding to section 624a or 624b.

(e) A violation of section 710e or a local ordinance

substantially corresponding to section 710e.

(f) A violation of section 328(1) if, before the appearance

date on the citation, the person submits proof to the court that

the motor vehicle had insurance ~~meeting the requirements of~~

~~sections 3101 and 3102~~ that complied with section 3009 of the

insurance code of 1956, 1956 PA 218, MCL ~~500.3101 and 500.3102,~~

500.3009, at the time the citation was issued. Insurance obtained

subsequent to the time of the violation does not make the violation

an exception under this subsection.

(g) A violation described in section 319b(10)(b)(vii) if,

before the court appearance date or date fines are to be paid, the

person submits proof to the court that he or she held a valid

commercial driver license on the date the citation was issued.

(h) A violation of section 311 if the person was driving a

noncommercial vehicle and, before the court appearance date or the

date fines are to be paid, the person submits proof to the court

that he or she held a valid driver license on the date the citation

was issued.

(i) A violation of section 602b(1) or 602c.

(17) Except as otherwise provided in this subsection, the

secretary of state shall discard and not enter on the master

driving record an abstract for a bond forfeiture that occurred

outside this state. The secretary of state shall enter on the

master driving record an abstract for a conviction as defined in

section 8a(b) that occurred outside this state in connection with

the operation of a commercial motor vehicle or for a conviction of

a person licensed as a commercial motor vehicle driver.

(18) The secretary of state shall inform the courts of this

state of the nonmoving violations and violations of chapter II that

are used by the secretary of state as the basis for the suspension,

restriction, revocation, or denial of an operator's or chauffeur's

license.

(19) If a conviction or civil infraction determination is

reversed upon appeal, the person whose conviction or determination

has been reversed may serve on the secretary of state a certified

copy of the order of reversal. The secretary of state shall enter

the order in the proper book or index in connection with the record

of the conviction or civil infraction determination.

(20) The secretary of state may permit a city or village

department, bureau, person, or court to modify the requirement as

to the time and manner of reporting a conviction, civil infraction

determination, or settlement to the secretary of state if the

modification will increase the economy and efficiency of collecting

and utilizing the records. If the permitted abstract of court

record reporting a conviction, civil infraction determination, or

settlement originates as a part of the written notice to appear,

authorized in section 728(1) or 742(1), the form of the written

notice and report shall be as prescribed by the secretary of state.

(21) Notwithstanding any other law of this state, a court

shall not take under advisement an offense committed by a person

while operating a motor vehicle for which this act requires a

conviction or civil infraction determination to be reported to the

secretary of state. A conviction or civil infraction determination

that is the subject of this subsection shall not be masked,

delayed, diverted, suspended, or suppressed by a court. Upon a

conviction or civil infraction determination, the conviction or

civil infraction determination shall immediately be reported to the

secretary of state in accordance with this section.

(22) Except as provided in this act and notwithstanding any

other provision of law, a court shall not order expunction of any

violation reportable to the secretary of state under this section.

Sec. 801e. (1) ~~When~~ If a moped required to be registered under

this act is sold by a retailer to a general purchaser, the retailer

shall obtain the certificate of registration ~~shall be obtained~~ in

the name of the purchaser. ~~by the retailer.~~ In other ~~cases,~~

circumstances, the purchaser shall obtain the certificate of

registration. ~~shall be obtained by the purchaser. The~~ An

application ~~shall~~ for registration must be signed by the purchaser

of the moped and ~~shall be~~ accompanied by a fee of $15.00. ~~Upon~~ On

receipt of ~~the~~ an application for registration in approved form,

the secretary of state shall enter the application ~~upon~~ on the

secretary of state's records and issue to the applicant a

certificate of registration containing the decal for the moped, the

name and address of the owner, and other information the secretary

of state considers necessary. A moped ~~shall~~ is not be required to

be insured. ~~in the manner specified for motor vehicles under~~

~~chapter 31 of Act No. 218 of the Public Acts of 1956, as amended,~~

~~being sections 500.3101 to 500.3179 of the Michigan Compiled Laws.~~

The certificate of registration ~~shall~~ must be pocket size, ~~shall~~

must accompany the vehicle, ~~shall~~ must be legible, and ~~shall~~ must

be made available for inspection ~~upon~~ on demand by a law

enforcement officer.

(2) A The secretary of state shall issue a decal indicating

that ~~the~~ a certificate of registration issued under subsection (1)

is in ~~full force and~~ effect. ~~shall be issued. A~~ The secretary of

state shall not issue a registration certificate and decal ~~shall~~

~~not be issued~~ earlier than 90 days ~~preceding~~ before the

commencement date of the new registration period. ~~Display of~~ The

owner or operator shall display the decal ~~shall be~~ as prescribed by

rule promulgated by the secretary of state.

(3) A retailer or manufacturer of mopeds, ~~upon~~ on application

to the secretary of state ~~upon~~ on forms provided by the secretary

of state, may obtain certificates of registration for use in the

testing or demonstrating of a moped ~~upon~~ on payment of $10.00 for

each of the first 2 registration certificates. Additional

certificates may be issued at a cost of $5.00 each and used by the

applicant only in the testing or demonstrating of mopeds by

temporary placement of the registration on the moped being tested

or demonstrated. A certificate issued ~~pursuant to~~ under this

subsection may be used on only 1 moped at ~~any given~~ a time.

(4) A moped registration ~~shall be~~ is valid for a 3-year period

~~which~~ that begins on May 1 and expires on April 30 of the third

registration year. For purposes of this subsection, a registration

year begins on May 1 and ends on April 30.

Enacting section 1. This amendatory act takes effect January

1, 2020.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. ____ or House Bill No. 4397 (request no.