HOUSE BILL No. 4964 June 14, 2001, Introduced by Rep. Frank and referred to the Committee on Civil Law and the 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 04117'01 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 certificate states that securitywhichTHAT 7 meets the requirements of sections 3101 and 3102 ofAct No. 2188of the Public Acts of 1956, being sections 500.3101 and 500.31029of the Michigan Compiled LawsTHE INSURANCE CODE OF 1956, 1956 10 PA 218, MCL 500.3101 AND 500.3102, is in force shall be accepted 11 as prima facie evidence that insurance is in force for the motor 12 vehicle described in the certificate of insurance until the expi- 13 ration date shown on the certificate. The certificate, in addi- 14 tion to describing the motor vehicles for which insurance is in 15 effect, shall state the name of each person named on the policy, 16 policy declaration, or a declaration certificate whose operation 17 of the vehicle would cause the liability coverage of that insur- 18 ance 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 person27submits proof to the court that the vehicle has insurance meeting04117'01 3 1the requirements of sections 3101 and 3102 of Act No. 218 of the2Public Acts of 1956, in addition to the civil fine and costs pro-3vided by section 907, the court shall assess a fee of $25.00.If 4 the court requires the license to be surrendered, the court shall 5 order the secretary of state to suspend the person's license. 6 The court shall immediately destroy the license and shall forward 7 to the secretary of state an abstract of the court record as 8 required by section 732. Upon receipt of the abstract, the sec- 9 retary of state shall suspend the person's license beginning with 10 the date on which a person is determined to be responsible for 11 the civil infraction for a period of 30 days or until proof of 12 insurance which meets the requirements of sections 3101 and 3102 13 ofAct No. 218 of the Public Acts of 1956THE INSURANCE CODE OF 14 1956, 1956 PA 218, MCL 500.3101 AND 500.3102, is submitted to the 15 secretary of state, whichever occurs later. A person who submits 16 proof of insurance to the secretary of state under this subsec- 17 tion shall pay a service fee of $25.00 to the secretary of 18 state. The person shall not be required to be examined as set 19 forth in section 320c and shall not be required to pay a replace- 20 ment license fee. 21 (4) If an owner or operator of a motor vehicle is determined 22 to be responsible for a violation of subsection (1), the court in 23 which the civil infraction determination is entered shall notify 24 the secretary of state of the vehicle registration number and the 25 year and make of the motor vehicle being operated at the time of 26 the violation. This notification shall be made on the abstract 27 or on a form approved by the supreme court administrator. Upon 04117'01 4 1 receipt, the secretary of state shall immediately enter this 2 information in the records of the department. The secretary of 3 state shall not renew, transfer, or replace the registration 4 plate of the vehicle involved in the violation or allow the pur- 5 chase of a new registration plate for the vehicle involved in the 6 violation until the owner meets the requirements of section 227a 7 or unless the vehicle involved in the violation is transferred or 8 sold to a person other than the owner's spouse, mother, father, 9 sister, brother, or child. 10 (5) An owner or operator of a motor vehicle who knowingly 11 produces false evidence under this section is guilty of a misde- 12 meanor, punishable by imprisonment for not more than 1 year, or a 13 fine of not more than $1,000.00, or both. 14 (6) Points shall not be entered on a driver's record pursu- 15 ant to section 320a for a violation of this section. 16 (7) This section does not apply to the owner or operator of 17 a motor vehicle that is registered in a state other than this 18 state or a foreign country or province. 04117'01 Final page. 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