HOUSE BILL No. 4403 March 4, 1997, Introduced by Reps. Wallace, Baird, Willard, Curtis, Hale, LaForge, Martinez, Callahan, Hanley, Bogardus, Scott, DeHart, Varga and Parks and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 328. (1) The owner of a motor vehicle who operates or 2 permits the operation of the motor vehicle upon the highways of 3 this state or the operator of the motor vehicle shall produce, 4 pursuant to subsection (2), upon the request of a police officer, 5 evidence that the motor vehicle is insured under chapter 31 of 6 the insurance code of 1956,Act No. 218 of the Public Acts of71956, being sections 500.3101 to 500.3179 of the Michigan8Compiled Laws1956 PA 218, MCL 500.3101 TO 500.3179. An owner 9 or operator of a motor vehicle who fails to produce evidence of 10 insurance under this subsection when requested to produce that 00967'97 TJS 2 1 evidence or who fails to have motor vehicle insurance for the 2 vehicle as required under chapter 31 ofAct No. 218 of the3Public Acts of 1956THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 4 500.3101 TO 500.3179, is responsible for a civil infraction. 5 (2) A certificate of insurance, if issued by an insurance 6 company,which certificateTHAT states that securitywhich7 THAT meets the requirements of sections 3101 and 3102 ofAct8No. 218 of the Public Acts of 1956, being sections 500.3101 and9500.3102 of the Michigan Compiled LawsTHE INSURANCE CODE OF 10 1956, 1956 PA 218, MCL 500.3101 AND 500.3102, is in force shall 11 be accepted as prima facie evidence that insurance is in force 12 for the motor vehicle described in the certificate of insurance 13 until the expiration date shown on the certificate. The certifi- 14 cate, in addition to describing the motor vehicles for which 15 insurance is in effect, shall state the name of each person named 16 on the policy, policy declaration, or a declaration certificate 17 whose operation of the vehicle would cause the liability coverage 18 of that insurance to become void. 19 (3) If an owner or operator of a motor vehicle is determined 20 to be responsible for a violation of subsection (1), the court in 21 which the civil infraction determination is entered may require 22 the person to surrender his or her operator's or chauffeur's 23 license unless proof that the vehicle has insurance meeting the 24 requirements of sections 3101 and 3102 ofAct No. 218 of the25Public Acts of 1956THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 26 500.3101 AND 500.3102, is submitted to the court. If the person 27 submits proof to the court that the vehicle has insurance meeting 00967'97 3 1 the requirements of sections 3101 and 3102 ofAct No. 218 of the2Public Acts of 1956THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 3 500.3101 AND 500.3102, in addition to the civil fine and costs 4 provided by section 907, the court shall assess a fee of $25.00. 5 THE COURT SHALL WAIVE ANY CIVIL FINE OR COSTS IMPOSED AGAINST A 6 PERSON UNDER SECTION 907 AND ANY FEES IMPOSED BY THIS SUBSECTION 7 FOR A VIOLATION OF SUBSECTION (1) IF THE PERSON, BEFORE THE 8 APPEARANCE DATE ON THE CITATION, PRESENTS TO THE COURT A CERTIFI- 9 CATE OF INSURANCE MEETING THE REQUIREMENTS OF SECTIONS 3101 AND 10 3102 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3101 AND 11 500.3102, SHOWING THAT INSURANCE WAS IN FORCE AT THE TIME OF THE 12 CITATION. If the court requires the license to be surrendered, 13 the court shall order the secretary of state to suspend the 14 person's license. The court shall immediately destroy the 15 license and shall forward to the secretary of state an abstract 16 of the court record as required by section 732. Upon receipt of 17 the abstract, the secretary of state shall suspend the person's 18 license beginning with the date on which a person is determined 19 to be responsible for the civil infraction for a period of 30 20 days or until proof of insurance which meets the requirements of 21 sections 3101 and 3102 ofAct No. 218 of the Public Acts of221956THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3101 AND 23 500.3102, is submitted to the secretary of state, whichever 24 occurs later. A person who submits proof of insurance to the 25 secretary of state under this subsection shall pay a service fee 26 of $25.00 to the secretary of state. The person shall not be 00967'97 4 1 required to be examined as set forth in section 320c and shall 2 not be required to pay a replacement license fee. 3 (4) If an owner or operator of a motor vehicle is determined 4 to be responsible for a violation of subsection (1), the court in 5 which the civil infraction determination is entered shall notify 6 the secretary of state of the vehicle registration number and the 7 year and make of the motor vehicle being operated at the time of 8 the violation. This notification shall be made on the abstract 9 or on a form approved by the supreme court administrator. Upon 10 receipt, the secretary of state shall immediately enter this 11 information in the records of the department. The secretary of 12 state shall not renew, transfer, or replace the registration 13 plate of the vehicle involved in the violation or allow the pur- 14 chase of a new registration plate for the vehicle involved in the 15 violation until the owner meets the requirements of section 227a 16 or unless the vehicle involved in the violation is transferred or 17 sold to a person other than the owner's spouse, mother, father, 18 sister, brother, or child. 19 (5) An owner or operator of a motor vehicle who knowingly 20 produces false evidence under this section is guilty of a misde- 21 meanor, punishable by imprisonment for not more than 1 year, or a 22 fine of not more than $1,000.00, or both. 23 (6) Points shall not be entered on a driver's record pursu- 24 ant to section 320a for a violation of this section. 25 (7) This section does not apply to the owner or operator of 26 a motor vehicle that is registered in a state other than this 27 state or a foreign country or province. 00967'97