SB-0441, As Passed Senate, June 30, 2011
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 441
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3101a (MCL 500.3101a), as amended by 1996 PA
456; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3101a. (1) An Except as
otherwise provided in this
section, an insurer, in conjunction with the issuance of an
automobile insurance policy, as defined in section 3303, shall
provide 2 certificates of insurance for each insured vehicle. The
insurer shall mark 1 of the certificates as the secretary of
state's copy, which copy, except as otherwise provided in
subsection
(2) this section, shall be filed with the secretary of
state by the policyholder upon application for a vehicle
registration. The secretary of state shall not maintain the
certificate of insurance received under this subsection on file.
(2) Beginning December 30, 2011, an insurer, in conjunction
with the issuance of an automobile insurance policy, shall provide
to the insured 1 certificate of insurance for each insured vehicle,
and for private passenger nonfleet automobiles listed on the policy
shall supply to the secretary of state, in the format and timeline
as required by the secretary of state, which shall not be required
more frequently than every 14 days, the automobile insurer's name,
the named insured, the named insured's address, the vehicle
identification number for each such vehicle listed on the policy,
and the policy number. Until December 31, 2014, the secretary of
state shall provide policy information received under this
subsection to the department of community health as required for
the department of community health to comply with 2006 PA 593, MCL
550.281 to 550.289. In determining the format under this
subsection, the secretary of state shall consult with insurers. As
used in this subsection, "private passenger nonfleet automobile"
means that term as defined in section 3303.
(3) (2)
The secretary of state shall accept
as proof of
vehicle
insurance a transmission , in the format required by the
secretary
of state, of the insured vehicle's
vehicle identification
number.
Vehicle identification numbers Policy
information submitted
by an insurer and received by the secretary of state under this
subsection
are section is confidential,
is not subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except the department of
community health for purposes of 2006 PA 593, MCL 550.281 to
550.289, or pursuant to an order by a court of competent
jurisdiction in connection with a claim or fraud investigation or
prosecution. The transmission to the secretary of state of a
vehicle identification number is proof of insurance to the
secretary of state for motor vehicle registration purposes only and
is not evidence that a policy of insurance actually exists between
an insurer and an individual.
(4) (3)
A person who supplies false
information to the
secretary of state under this section or who issues or uses an
altered, fraudulent, or counterfeit certificate of insurance 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.
(5) The department of community health shall report to the
senate and house of representatives appropriations committees and
standing committees concerning insurance issues on the number of
claims and total dollar amount recovered from automobile insurers
pursuant to 2006 PA 593, MCL 550.281 to 550.289. The reports
required by this subsection shall be given to the appropriations
committees and standing committees concerning insurance issues by
December 30, 2012 and December 30, 2013 and shall cover the
immediately preceding 12-month period.
Enacting section 1. Section 3101b of the insurance code of
1956, 1956 PA 218, MCL 500.3101b, is repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 442 of the 96th Legislature is enacted into
law.