October 5, 2005, Introduced by Senator HAMMERSTROM and referred to the Committee on Banking and Financial Institutions.
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.
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
Unless the insurance
verification system developed
under sections 520a to 520d shows otherwise, a certificate of
insurance, issued by an insurance company, that certifies that the
security
that meets the requirements of sections 3101 and to 3102
of
the insurance code of 1956, 1956 PA 218, MCL 500.3101 and
to
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. A police
officer with access to the motor vehicle insurance verification
system developed under sections 520a to 520d shall verify that a
motor vehicle is insured at the time the owner or operator is asked
to produce a certificate of insurance.
(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 to 3102
of the
insurance
code of 1956, 1956 PA 218, MCL 500.3101
and to
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 to
3102 of the insurance code
of
1956, 1956 PA 218, MCL 500.3101 and to
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
to 3102 of the insurance code of 1956, 1956 PA 218, MCL
500.3101 and
to 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 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 all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 791.
(b) Senate Bill No. 792.