October 28, 2015, Introduced by Rep. Lucido and referred to the Committee on Insurance.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 221, 227a, 328, and 907 (MCL 257.221,
257.227a, 257.328, and 257.907), section 221 as amended by 1998 PA
64, section 227a as added by 1995 PA 287, section 328 as amended by
2015 PA 135, and section 907 as amended by 2015 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 shall be interfaced
with the law enforcement information network as provided in the
L.E.I.N.
C.J.I.S. policy council act, of 1974, 1974 PA
163, MCL
28.211
to 28.216.28.215.
(2) The secretary of state shall preserve the records
described in subsection (1) for 3 years after the date of
registration. The records shall be available to state and federal
agencies and the friend of the court as provided under section 4 of
the
L.E.I.N.C.J.I.S. policy council act, of 1974, 1974 PA
163, MCL
28.214, and rules promulgated under that section, and to the public
through the secretary of state's commercial look-up service.
(3) Upon receipt of a notification that an automobile
insurance policy has expired without being renewed or is terminated
or that a policyholder cancels his or her automobile insurance
policy as provided in section 3101a of the insurance code of 1956,
1956 PA 218, MCL 500.3101a, the secretary of state shall enter that
information into the law enforcement information network.
Sec. 227a. (1) If a court has notified the secretary of state
of
a vehicle registration number as provided in section 328(4)
328(5) and the owner has not secured proof that the vehicle
involved in the violation is currently insured under chapter 31 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 500.3101 to 500.3179, 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 of insurance that
the vehicle involved in the violation is currently insured under a
prepaid noncancelable policy for a period of not less than 6 months
under
chapter 31 of Act No. 218 of the Public Acts of 1956.the
insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.
(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,
at the time of registration.
(b)
The if 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) The secretary of state shall revoke the registration of a
vehicle if the automobile insurance policy for that vehicle has
expired without being renewed or is terminated or the owner cancels
his or her automobile insurance policy as provided in section 3101a
of the insurance code of 1956, 1956 PA 218, MCL 500.3101a.
(4) (3)
Before a cancellation occurs under
subsection (2), the
person who will be affected by the cancellation shall be given
notice and an opportunity to be heard.
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 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.
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 of the insurance code of 1956,
1956
PA 218, MCL 500.3101 to 500.3179, is responsible for guilty of
a
civil infraction. misdemeanor
punishable by imprisonment for not
more than 1 year or a fine of not more than $500.00 for a first
offense, and a fine of not more than $1,000.00 for a second or
subsequent offense, or both. 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 Unless a search of the
law enforcement information
network shows that the automobile insurance policy for a motor
vehicle has expired without being renewed or is terminated or the
policyholder has canceled his or her automobile insurance, 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 of the insurance code of
1956, 1956 PA 218, MCL 500.3101 and 500.3102, 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 of the insurance code of 1956, 1956 PA 218, MCL
500.3101
and 500.3102, 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.
(c)
The court may assess a fee of not more than $25.00, which
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 of the insurance code of
1956,
1956 PA 218, MCL 500.3101 and 500.3102, 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 of the
insurance
code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, 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.
(3) If an owner or operator of a motor vehicle fails, upon
request of a police officer, to produce evidence that the motor
vehicle is insured under chapter 31 of the insurance code of 1956,
1956 PA 218, MCL 500.3101 to 500.3179, or if a search of the law
enforcement information network shows that the automobile insurance
policy for the motor vehicle has expired without being renewed or
is terminated or the policyholder has canceled his or her
automobile insurance policy, the police officer shall do all of the
following:
(a) Immediately confiscate the motor vehicle's registration
plate and destroy it.
(b) Impound the motor vehicle.
(c) Notify the secretary of state through the law enforcement
information network in a form prescribed by the secretary of state
that the registration plate was confiscated and destroyed, and that
the motor vehicle was impounded.
(4) The owner of a motor vehicle impounded under subsection
(3) is liable for the expenses incurred in the removal and storage
of the motor vehicle whether or not it is returned to him or her.
The motor vehicle shall be returned to the owner only if the owner
pays the expenses of removal and storage. If redemption is not made
or the vehicle is not returned as described under this subsection,
it shall be considered an abandoned vehicle and disposed of under
section 252a.
(5)
If an owner or operator of a motor vehicle is determined
to
be responsible for found
guilty of 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 shall not be entered on a driver's record under
section
320a for a violation of this section.
(7) (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. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
if the civil infraction was a moving violation that resulted in an
at-fault collision with another vehicle, a person, or any other
object, the civil fine ordered under this section shall be
increased by $25.00 but the total civil fine shall not exceed
$100.00. However, for a violation of section 602b, the person shall
be ordered to pay costs as provided in subsection (4) and a civil
fine of $100.00 for a first offense and $200.00 for a second or
subsequent offense. For a violation of section 674(1)(s) or a local
ordinance substantially corresponding to section 674(1)(s), the
person shall be ordered to pay costs as provided in subsection (4)
and a civil fine of not less than $100.00 or more than $250.00. For
a violation of section 676c, the person shall be ordered to pay
costs as provided in subsection (4) and a civil fine of $1,000.00.
For
a violation of section 328, the civil fine ordered under this
subsection
shall be not more than $50.00. For
a violation of
section 710d, the civil fine ordered under this subsection shall
not exceed $10.00, subject to subsection (12). For a violation of
section 710e, the civil fine and court costs ordered under this
subsection shall be $25.00. For a violation of section 682 or a
local ordinance substantially corresponding to section 682, the
person shall be ordered to pay costs as provided in subsection (4)
and a civil fine of not less than $100.00 or more than $500.00. For
a violation of section 240, the civil fine ordered under this
subsection shall be $15.00. For a violation of section 252a(1), the
civil fine ordered under this subsection shall be $50.00. For a
violation of section 676a(3), the civil fine ordered under this
section shall be not more than $10.00. For a first violation of
section 319f(1), the civil fine ordered under this section shall be
not less than $2,500.00 or more than $2,750.00; for a second or
subsequent violation, the civil fine shall be not less than
$5,000.00 or more than $5,500.00. For a violation of section
319g(1)(a), the civil fine ordered under this section shall be not
more than $10,000.00. For a violation of section 319g(1)(g), the
civil fine ordered under this section shall be not less than
$2,750.00 or more than $25,000.00. Permission may be granted for
payment of a civil fine and costs to be made within a specified
period of time or in specified installments, but unless permission
is included in the order or judgment, the civil fine and costs
shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (13), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court,
the driver's license of that person shall be suspended under
section 321a until full compliance with that order or judgment
occurs. In addition to this suspension, the court may also proceed
under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate
shall order the defendant to pay a justice system assessment of
$40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs
imposed are $10.00 or less. Upon payment of the assessment, the
clerk of the court shall transmit the assessment collected to the
state treasury to be deposited into the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181. An assessment levied under this subsection is not a
civil fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15)
If a person has received a citation for a violation of
section
328(1) for failing to produce a certificate of insurance
under
section 328(2), the court may waive the fee described in
section
328(3)(c) and shall waive any fine, costs, and any other
fee
or assessment otherwise authorized under this act upon receipt
of
verification by the court that the person, before the appearance
date
on the citation, produced valid proof of insurance that was in
effect
at the time the violation of section 328(1) occurred.
Insurance
obtained subsequent to the time of the violation does not
make
the person eligible for a waiver under this subsection.
(15) (16)
If a person is determined to be
responsible or
responsible "with explanation" for a civil infraction under this
act or a local ordinance substantially corresponding to a provision
of this act and the civil infraction arises out of the ownership or
operation of a commercial quadricycle, he or she shall be ordered
to pay costs as provided in subsection (4) and a civil fine of not
more than $500.00.
(16) (17)
As used in this section,
"moving violation" means an
act or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5031 (request no.
03954'15) of the 98th Legislature is enacted into law.