Bill Text: MI SB0441 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Insurance; no-fault; proof of insurance reporting requirements for automobile insurance policies; provide for general amendments. Amends sec. 3101a of 1956 PA 218 (MCL 500.3101a) & repeals sec. 3101b of 1956 PA 218 (MCL 500.3101b). TIE BAR WITH: SB 0442'11
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-08-24 - Assigned Pa 0091'11 With Immediate Effect [SB0441 Detail]
Download: Michigan-2011-SB0441-Engrossed.html
SB-0441, As Passed Senate, June 21, 2011
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 Until December
30, 2011, 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
Senate Bill No. 441 as amended June 16, 2011
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 <<private
passenger nonfleet>> vehicle
and 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
and the automobile insurer's insureds' names, addresses, vehicle
identification numbers, and policy numbers. The secretary of state
shall provide 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.>>
(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 Information
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) For fleets that were not transmitting vehicle
identification numbers for fleet vehicles to the secretary of state
on January 1, 2011, subsection (2) does not apply.
(5) (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.
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.