May 23, 2013, Introduced by Senator HUNE and referred to the Committee on Transportation.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending sections 3101a and 3102 (MCL 500.3101a and 500.3102),
section 3101a as amended by 2011 PA 91 and section 3102 as amended
by 1990 PA 79.
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 a policy for
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 Except as
otherwise provided in
this
section, the policyholder shall be filed file the secretary of
state's
copy with the secretary of state by
the policyholder upon
on 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
do both of the following:
(a) Provide to the insured 1 certificate of insurance for each
insured
vehicle. , and for The insurer may provide the certificate
of insurance in electronic form if requested by the insured.
(b) 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 subdivision 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, subdivision,
the secretary of state shall
consult
with insurers. As used in this subsection, subdivision,
"private passenger nonfleet automobile" means that term as defined
in section 3303.
(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 for purposes
of
2006 PA 593, MCL 550.281 to 550.289, or pursuant in response 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) 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 under 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.
Sec. 3102. (1) A nonresident owner or registrant of a motor
vehicle or motorcycle not registered in this state shall not
operate or permit the motor vehicle or motorcycle to be operated in
this state for an aggregate of more than 30 days in any calendar
year unless he or she continuously maintains security for the
payment
of benefits pursuant to under
this chapter.
(2) An owner or registrant of a motor vehicle or motorcycle
with
respect to which security is required
, who operates the motor
vehicle or motorcycle or permits it to be operated upon a public
highway
in this state , without
having in full force and effect
security complying with this section or section 3101 or 3103 is
guilty of a misdemeanor. A person who operates a motor vehicle or
motorcycle upon a public highway in this state with the knowledge
that
the owner or registrant does not have security in full force
and
effect is guilty of a misdemeanor.
A person convicted of a
misdemeanor
under this section shall be fined is subject to a fine
of
not less than $200.00 nor more than
$500.00, imprisoned
imprisonment for not more than 1 year, or both.
(3) The failure of a person to produce evidence, in paper or
electronic
form, that a motor vehicle or
motorcycle has in full
force
and effect security complying with
this section or section
3101
or 3103 on the date of the issuance of the citation , creates
a rebuttable presumption in a prosecution under subsection (2) that
the
motor vehicle or motorcycle did not have in full force and
effect security complying with this section or section 3101 or 3103
on the date of the issuance of the citation.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 391
of the 97th Legislature is enacted into law.