SENATE BILL No. 91

 

 

January 29, 2013, Introduced by Senators GREEN, MARLEAU and PROOS and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 328 (MCL 257.328), as amended by 2004 PA 52.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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,

 

pursuant to 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. For

 

purposes of this subsection, 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, includes a copy of the certificate

 

of insurance described in subsection (2) that is provided or

 

otherwise made available by the insurance company to the insured in

 

an electronic format and as displayed on an electronic device.

 

Subject to section 907(16), an owner or operator of a motor vehicle

 

who fails to produce evidence of insurance under this subsection

 

when requested to produce that evidence 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 a civil infraction.

 

     (2) A certificate of insurance, 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 shall be

 

accepted as 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, shall 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 the citation, the person

 

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 cause an abstract of the court record

 

to be forwarded 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 to the secretary of state an abstract of the court record

 

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 a 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

 

as set forth in 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. This notification 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 pursuant

 

to 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.