June 5, 2014, Introduced by Rep. Cotter and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3101 (MCL 500.3101), as amended by 2008 PA 241.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. (1) The owner or registrant of a motor vehicle
required to be registered in this state shall maintain security for
payment of benefits under personal protection insurance, property
protection insurance, and residual liability insurance. Security
shall only be required to be in effect during the period the motor
vehicle is driven or moved upon a highway. Notwithstanding any
other provision in this act, an insurer that has issued an
automobile insurance policy on a motor vehicle that is not driven
or moved upon a highway may allow the insured owner or registrant
of the motor vehicle to delete a portion of the coverages under the
policy and maintain the comprehensive coverage portion of the
policy in effect.
(2) As used in this chapter:
(a) "Automobile insurance" means that term as defined in
section 2102.
(b) "Golf cart" means a vehicle designed for transportation
while playing the game of golf.
(c) (b)
"Highway" means that term
as defined in section 20 of
the Michigan vehicle code, 1949 PA 300, MCL 257.20.
(d) (c)
"Motorcycle" means a
vehicle having a saddle or seat
for the use of the rider, designed to travel on not more than 3
wheels in contact with the ground, which is equipped with a motor
that exceeds 50 cubic centimeters piston displacement. The wheels
on any attachment to the vehicle shall not be considered as wheels
in contact with the ground. Motorcycle does not include a moped, as
defined in section 32b of the Michigan vehicle code, 1949 PA 300,
MCL 257.32b. Motorcycle does not include an ORV.
(e) (d)
"Motorcycle accident"
means a loss involving the
ownership, operation, maintenance, or use of a motorcycle as a
motorcycle, but not involving the ownership, operation,
maintenance, or use of a motor vehicle as a motor vehicle.
(f) (e)
"Motor vehicle" means a
vehicle, including a trailer,
operated or designed for operation upon a public highway by power
other than muscular power which has more than 2 wheels. Motor
vehicle
does not include a any of
the following:
(i) A motorcycle or a moped, as defined in section 32b of the
Michigan
vehicle code, 1949 PA 300, MCL 257.32b. Motor vehicle does
not
include a
(ii) A farm tractor or other
implement of husbandry which that
is not subject to the registration requirements of the Michigan
vehicle
code pursuant to under section 216 of the Michigan vehicle
code,
1949 PA 300, MCL 257.216. Motor vehicle does not include an
(iii) An ORV.
(iv) A golf cart.
(g) (f)
"Motor vehicle accident"
means a loss involving the
ownership, operation, maintenance, or use of a motor vehicle as a
motor vehicle regardless of whether the accident also involves the
ownership, operation, maintenance, or use of a motorcycle as a
motorcycle.
(h) (g)
"ORV" means a
motor-driven recreation vehicle designed
for off-road use and capable of cross-country travel without
benefit of road or trail, on or immediately over land, snow, ice,
marsh, swampland, or other natural terrain. ORV includes, but is
not limited to, a multitrack or multiwheel drive vehicle, a
motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an
amphibious machine, a ground effect air cushion vehicle, an ATV as
defined in section 81101 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81101, or other means of
transportation deriving motive power from a source other than
muscle or wind. ORV does not include a vehicle described in this
subdivision that is registered for use upon a public highway and
has the security described in section 3101 or 3103 in effect.
(i) (h)
"Owner" means any of the
following:
(i) A person renting a motor vehicle or having the use thereof,
under a lease or otherwise, for a period that is greater than 30
days.
(ii) A person who holds the legal title to a vehicle, other
than a person engaged in the business of leasing motor vehicles who
is
the lessor of a motor vehicle pursuant to under a lease
providing for the use of the motor vehicle by the lessee for a
period that is greater than 30 days.
(iii) A person who has the immediate right of possession of a
motor vehicle under an installment sale contract.
(j) (i)
"Registrant" does not
include a person engaged in the
business of leasing motor vehicles who is the lessor of a motor
vehicle pursuant to a lease providing for the use of the motor
vehicle by the lessee for a period that is greater than 30 days.
(3) Security may be provided under a policy issued by an
insurer
duly authorized to transact business in this state which
that affords insurance for the payment of benefits described in
subsection (1). A policy of insurance represented or sold as
providing security is considered to provide insurance for the
payment of the benefits.
(4) Security required by subsection (1) may be provided by any
other method approved by the secretary of state as affording
security equivalent to that afforded by a policy of insurance, if
proof of the security is filed and continuously maintained with the
secretary of state throughout the period the motor vehicle is
driven or moved upon a highway. The person filing the security has
all the obligations and rights of an insurer under this chapter.
When the context permits, "insurer" as used in this chapter,
includes any person filing the security as provided in this
section.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5045 of the 97th Legislature is enacted into
law.