Bill Text: MI SB0391 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Vehicles; registration; electronic insurance and registration verification; allow. Amends secs. 223 & 328 of 1949 PA 300 (MCL 257.223 & 257.328). TIE BAR WITH: SB 0392'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-10-02 - Referred To Committee Of The Whole With Substitute S-3 [SB0391 Detail]
Download: Michigan-2013-SB0391-Introduced.html
SENATE BILL No. 391
May 23, 2013, Introduced by Senator GREEN and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 223 and 328 (MCL 257.223 and 257.328), section
223 as amended by 2007 PA 143 and section 328 as amended by 2004 PA
52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 223. (1) A registration certificate shall at all times be
carried in the vehicle to which it refers or shall be carried by or
electronically accessible to the person driving or in control of
the vehicle, who shall display a paper or electronic copy of the
registration certificate upon demand of a police officer.
(2) A person who violates this section is responsible for a
civil infraction.
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.
Subject to section 907(16), an owner or operator of a motor vehicle
who fails to produce evidence of insurance upon request 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, 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 shall be accepted as 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, shall 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 the a citation issued
under
subsection (1), the person 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 cause forward
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 an abstract of the court record 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 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 as set forth in 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. This 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 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 392
of the 97th Legislature is enacted into law.
