HB-4193, As Passed House, September 30, 2015HB-4193, As Passed Senate, September 30, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4193

     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 under 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), 907(15), an owner or operator

of a motor vehicle who fails to produce evidence of insurance upon

request 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. If a person displays an electronic copy of his or her

certificate of insurance using an electronic device, the police

officer shall only view the electronic copy of the certificate of

insurance and shall not manipulate the electronic device to view

any other information on the electronic device. A person who

displays an electronic copy of his or her certificate of insurance

using an electronic device as provided in this subsection shall not

be presumed to have consented to a search of the electronic device.

A police officer may require the person to electronically forward

the electronic copy of the certificate of insurance to a specified

location provided by the police officer. The police officer may

then view the electronic copy of the certificate of insurance in a

setting in which it is safe for the officer to verify that the

information contained in the electronic copy of the certificate of

insurance is valid and accurate. This state, a law enforcement

agency, or an employee of this state or a law enforcement agency is

not liable for damage to or loss of an electronic device that

occurs as a result of a police officer's viewing an electronic copy

of a certificate of insurance in the manner provided in this

section, regardless of whether the police officer or the owner or

operator of the vehicle was in possession of the electronic device

at the time the damage or loss occurred.

     (2) A certificate of insurance, in paper or electronic form

and issued by an insurance company, that certifies that the

security that meets the requirements of sections 3101 and 3102 of

the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102,

is in force shall be accepted as is 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 must, if

applicable, 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.

     (3) If, before the appearance date on the a citation issued

under subsection (1), the person defendant submits proof to the

court that the motor vehicle had insurance meeting the requirements

of sections 3101 and 3102 of the insurance code of 1956, 1956 PA

218, MCL 500.3101 and 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 forward 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 3102 of the insurance code of

1956, 1956 PA 218, MCL 500.3101 and 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 an abstract of the court record 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 the 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 3102 of the insurance code of 1956, 1956 PA 218,

MCL 500.3101 and 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 under 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 A notification under this subsection 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 under 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 takes effect 90 days

after the date it is enacted into law.