HB-5045, As Passed House, November 12, 2003

HOUSE BILL No. 5045

August 13, 2003, Introduced by Reps. Woronchak, Spade, Voorhees and Kooiman and referred to the Committee on Insurance.

                                                                             A bill to amend 1956 PA 218, entitled                                             

"The insurance code of 1956,"                                               

by amending section 3102 (MCL 500.3102), as amended by 1990                 

PA 79.                                                                      

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 3102.  (1) A nonresident owner or registrant of a motor                

2   vehicle or motorcycle not registered in this state shall not                

3   operate or permit the motor vehicle or motorcycle to be operated            

4   in this state for an aggregate of more than 30 days in any                  

5   calendar year unless he or she continuously maintains security              

6   for the payment of benefits pursuant to this chapter.                       

7       (2) An owner or registrant of a motor vehicle or motorcycle                 

8   with respect to on which security is required, who operates the           

9   motor vehicle or motorcycle or permits  it the motor vehicle or            

10  motorcycle to be operated upon a public highway in this state,              

House Bill No. 5045 as amended November 12, 2003

1   without having in  full force and  effect security complying with           

2   this section or section 3101 or 3103 is guilty of a misdemeanor.            

3   A person who operates a motor vehicle or motorcycle upon a public           

4   highway in this state with the knowledge that the owner or                  

5   registrant does not have security in  full force and  effect is             

6   guilty of a misdemeanor.  A person convicted of a misdemeanor               

7   under this section  shall be fined not less than $200.00 nor more           

8   than $500.00, imprisoned for not more than 1 year, or both [shall]

9   be punished by imprisonment for not more than 1 year or by a fine           

10  of not less than $400.00 or more than $1,000.00, or both.                   

11      (3) The failure of a person to produce evidence that a motor                

12  vehicle or motorcycle has in  full force and  effect security               

13  complying with this section or section 3101 or 3103 on the date             

14  of the issuance of  the a traffic citation, creates a rebuttable           

15  presumption in a prosecution under subsection (2) that the motor            

16  vehicle or motorcycle did not have in  full force and  effect               

17  security complying with this section or section 3101 or 3103 on             

18  the date of the issuance of the citation.