HB-6360, As Passed House, December 11, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6360

A bill to amend 1956 PA 218, entitled

"The insurance code of 1956,"

by amending section 3101a (MCL 500.3101a), 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~~

vehicle listed on the policy, and the policy number. ~~Until December~~

~~31, 2018, the~~ The insurer shall transmit the information required

under this subsection in a format as required by the secretary of

state. The secretary of state shall not require the information to

be transmitted more frequently than every 14 days.

(2) 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.~~

(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.

(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 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.

(6) As used in this section: