HB-4783, As Passed Senate, October 19, 2017
June 20, 2017, Introduced by Reps. Kesto, Hughes, Marino, Lucido and Leutheuser and referred to the Committee on Tourism and Outdoor Recreation.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3101 (MCL 500.3101), as amended by 2016 PA 346.
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 is
only required to be in effect during the period the motor vehicle
is driven or moved on 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 on
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) "Commercial quadricycle" means a vehicle to which all of
the following apply:
(i) The vehicle has fully operative pedals for propulsion
entirely by human power.
(ii) The vehicle has at least 4 wheels and is operated in a
manner similar to a bicycle.
(iii) The vehicle has at least 6 seats for passengers.
(iv) The vehicle is designed to be occupied by a driver and
powered either by passengers providing pedal power to the drive
train of the vehicle or by a motor capable of propelling the
vehicle in the absence of human power.
(v) The vehicle is used for commercial purposes.
(vi) The vehicle is operated by the owner of the vehicle or an
employee of the owner of the vehicle.
(c) "Electric bicycle" means that term as defined in section
13e of the Michigan vehicle code, 1949 PA 300, MCL 257.13e.
(d) (c)
"Golf cart" means a
vehicle designed for
transportation while playing the game of golf.
(e) (d)
"Highway" means highway
or street as that term is
defined in section 20 of the Michigan vehicle code, 1949 PA 300,
MCL 257.20.
(f) (e)
"Moped" means that term
as defined in section 32b of
the Michigan vehicle code, 1949 PA 300, MCL 257.32b.
(g) (f)
"Motorcycle" means a
vehicle that has a saddle or seat
for the use of the rider, is designed to travel on not more than 3
wheels in contact with the ground, and is equipped with a motor
that exceeds 50 cubic centimeters piston displacement. For purposes
of this subdivision, the wheels on any attachment to the vehicle
are not considered as wheels in contact with the ground. Motorcycle
does not include a moped or an ORV.
(h) (g)
"Motorcycle accident"
means a loss that involves the
ownership, operation, maintenance, or use of a motorcycle as a
motorcycle, but does not involve the ownership, operation,
maintenance, or use of a motor vehicle as a motor vehicle.
(i) (h)
"Motor vehicle" means a
vehicle, including a trailer,
that is operated or designed for operation on a public highway by
power other than muscular power and has more than 2 wheels. Motor
vehicle does not include any of the following:
(i) A motorcycle.
(ii) A moped.
(iii) A farm tractor or other implement of husbandry that is
not subject to the registration requirements of the Michigan
vehicle code under section 216 of the Michigan vehicle code, 1949
PA 300, MCL 257.216.
(iv) An ORV.
(v) A golf cart.
(vi) A power-driven mobility device.
(vii) A commercial quadricycle.
(viii) An electric bicycle.
(j) (i)
"Motor vehicle accident"
means a loss that involves
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.
(k) (j)
"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 on a public highway and has
the security required under subsection (1) or section 3103 in
effect.
(l) (k)
"Owner" means any of the
following:
(i) A person renting a motor vehicle or having the use of a
motor vehicle, under a lease or otherwise, for a period that is
greater than 30 days.
(ii) A person renting a motorcycle or having the use of a
motorcycle under a lease for a period that is greater than 30 days,
or otherwise for a period that is greater than 30 consecutive days.
A person who borrows a motorcycle for a period that is less than 30
consecutive days with the consent of the owner is not an owner
under this subparagraph.
(iii) A person that holds the legal title to a motor vehicle
or motorcycle, other than a person engaged in the business of
leasing motor vehicles or motorcycles that is the lessor of a motor
vehicle or motorcycle under a lease that provides for the use of
the motor vehicle or motorcycle by the lessee for a period that is
greater than 30 days.
(iv) A person that has the immediate right of possession of a
motor vehicle or motorcycle under an installment sale contract.
(m) (l) "Power-driven
mobility device" means a wheelchair or
other mobility device powered by a battery, fuel, or other engine
and designed to be used by an individual with a mobility disability
for the purpose of locomotion.
(n) (m)
"Registrant" does not
include a person engaged in the
business of leasing motor vehicles or motorcycles that is the
lessor of a motor vehicle or motorcycle under a lease that provides
for the use of the motor vehicle or motorcycle by the lessee for a
period that is longer than 30 days.
(3) Security required by subsection (1) may be provided under
a policy issued by an authorized insurer 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 on 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 a person that files the security as provided in this
section.
(5) An insurer that issues a policy that provides the security
required under subsection (1) may exclude coverage under the policy
as provided in section 3017.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4782 (request no.
03214'17) of the 99th Legislature is enacted into law.