January 22, 2008, Introduced by Senators CHERRY, JACOBS, CLARK-COLEMAN, ANDERSON, BRATER, THOMAS, GLEASON, SCHAUER, HUNTER, SCOTT and CLARKE and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 134 (MCL 500.134), as amended by 1990 PA 256.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 134. (1) Every certificate of authority or license in
force immediately prior to January 1, 1957 and existing under any
act repealed by this act is valid until its original expiration
date, unless earlier terminated in accordance with this act.
(2) Any plan of operation adopted by an association or
facility, and any premium or assessment levied against an insurer
member of that association or facility, is hereby validated
retroactively to the date of its original adoption or levy and
shall
continue continues in force and effect according to the terms
of the plan of operation, premium, or assessment until otherwise
changed by the commissioner or the board of directors of the
association or facility pursuant to this act.
(3) An association or facility or the board of directors of
the association or facility is not a state agency and the money of
an association or facility is not state money.
(4)
A Except as otherwise
provided in section 3104, a record
of
an association or facility shall be exempted is exempt
from
disclosure pursuant to section 13 of the freedom of information
act,
Act No. 442 of the Public Acts of 1976, being section 15.243
of
the Michigan Compiled Laws 1976 PA 442, MCL 15.243.
(5) Any premium or assessment levied by an association or
facility, or any premium or assessment of a similar association or
facility formed under a law in force outside this state, is not a
burden or special burden for purposes of a calculation under
section 476a, and any premium or assessment paid to an association
or facility shall not be included in determining the aggregate
amount a foreign insurer pays to the commissioner under section
476a.
(6) As used in this section, "association or facility" means
an association of insurers created under this act and any other
association or facility formed under this act as a nonprofit
organization of insurer members, including, but not limited to, the
following:
(a) The Michigan worker's compensation placement facility
created under chapter 23.
(b) The Michigan basic property insurance association created
under
section chapter 29.
(c) The catastrophic claims association created under chapter
31.
(d) The Michigan automobile insurance placement facility
created under chapter 33.
(e) The Michigan life and health insurance guaranty
association created under chapter 77.
(f) The property and casualty guaranty association created
under chapter 79.
(g) The assigned claims facility created under section 3171.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No. 1033.
(b) Senate Bill No. 1030.