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.