Bill Text: MI HB5654 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Insurance; no-fault; assigned claims; modify various provisions relating to. Amends secs. 3101a & 3173 of 1956 PA 218 (MCL 500.3101a & 500.3173).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-17 - Bill Electronically Reproduced 05/12/2016 [HB5654 Detail]
Download: Michigan-2015-HB5654-Introduced.html
HOUSE BILL No. 5654
May 12, 2016, Introduced by Rep. Pscholka and referred to the Committee on Government Operations.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending sections 3101a and 3173 (MCL 500.3101a and 500.3173),
section 3101a as amended by 2014 PA 419.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3101a. (1) 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 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.
(1) (2)
Beginning December 30, 2011, an 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 name of the named insured, the named
insured's
address, the vehicle identification number for each such
private passenger nonfleet vehicle listed on the policy, and the
policy number. The insurer shall supply the information required
under this subsection in the format and on a timeline as required
by the secretary of state. The secretary of state shall not require
the submission of information under this subsection more frequently
than every 14 days. 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.
(2) The secretary of state shall provide policy information
received under subsection (1) to the Michigan automobile insurance
placement facility as required for the Michigan automobile
insurance placement facility to comply with this act.
(3) Until December 31, 2018, the secretary of state shall
provide
policy information received under this subsection (1) to
the
department of community health and
human services as required
for
the department of community health and human services 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.
(4) (3)
The secretary of state shall accept
as proof of
vehicle insurance a transmission of the insured vehicle's vehicle
identification number. Policy information submitted by an insurer
and received by the secretary of state under this 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 and human
services 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.
(5) (4)
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.
(6) (5)
The department of community health
and human services
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 under 2006 PA 593,
MCL 550.281 to 550.289. The reports required by this subsection
shall
must be given to the appropriations committees and
standing
committees concerning insurance issues by December 30 of each year
through
December 30, 2018 and shall must
cover the preceding 12-
month period.
Sec.
3173. A person who because of a limitation or exclusion
in
sections 3105 to 3116 is
disqualified from receiving personal
protection insurance benefits through the assigned claims plan if
any of the following apply:
(a) Because of an exclusion in sections 3105 to 3116, the
person is disqualified under a policy otherwise applying to his or
her
accidental bodily injury. is
also disqualified from receiving
benefits
under the assigned claims plan.
(b) Because of a limitation or exclusion under a policy of
automobile insurance otherwise applying to his or her accidental
bodily injury, the person is disqualified from receiving personal
protection insurance benefits.
(c) The person is eligible to receive benefits for his or her
accidental bodily injury through the Michigan property and casualty
guaranty association maintained under chapter 79.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
