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2008 SUMMARY OF NEW STATE LAWS - MICHIGAN

Michigan State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 4017

464

Traffic Offenses

Provides that upon approaching and passing a stationary solid waste collection vehicle, a utility service vehicle, or a road maintenance vehicle that is giving a visual signal by means of flashing, rotating, or oscillating amber lights, the driver of an approaching vehicle shall reduce to and maintain a safe speed for weather, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution. Effective date: January 9, 2009.

HB 4289

461

Ignition Interlock Devices

Requires installation of ignition interlocking device for high blood alcohol content drunk driving convictions; revises the performance specifications for such device. Effective date: October 31, 2010.

HB 4468

296

Traffic Offenses

Provides that a person who commits a moving violation in a work zone and causes injury or death to another person in the work zone is guilty of a crime, unless the injury or death was caused by the negligence of the injured or deceased person. Effective date: October 8, 2008.

HB 4505

7

Driver's Licenses

Requires proof of citizenship or legal presence in the United States to obtain an operator's or chauffeur's license. Effective date: February 15, 2008.

HB 4730

376

Carbon Monoxide Detectors

Requires buildings and structures newly constructed on or after a specified date where the occupants are primarily transient in nature, including boarding houses, hotels and motels, shall install one operational carbon monoxide device at each source point; provides that the owner or operator who installs such device in accordance with the manufacturer's instructions shall have no liability, directly or indirectly, to any person with respect to the operation of effectiveness of the device. Effective date: December 23, 2008.

HB 4839

539

Abandoned Vehicles

Provides for disclosure of personal information in vehicle records for use by the custodian of an abandoned vehicle; specifies that lift boats are exempt from registration; authorizes the issuance of a registration plate for a business that legally picks up or delivers commercial vehicles to undergo modification or for service and repair; revises provisions relating to abandoned vehicles to include towing and storage fees, removal, and disposition; permitting local entities to prohibit commercial vehicles. Effective date: January 13, 2009.

HB 4872

519

Traffic Offenses

Provides that a person who is responsible for the care or welfare of a child shall not leave the child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child; provides violation penalties. Effective date: April 1, 2009.

HB 4873

520

Traffic Offenses

Enacts sentencing guidelines for crime of leaving child unattended in a vehicle that causes physical harm or death. Effective date: April 1, 2009.

HB 5021

19

Electronic Devices in Vehicles

Revises provisions of existing law that provides a person shall not operate a motor vehicle that is to be used upon the highways of the state with a electronic device that displays a video image that can be viewed by the operator while the motor vehicle is in motion; provides exceptions to those devices. Effective date: March 7, 2008.

HB 5085

145

Snowmobiles

Establishes secured vehicle registration for snowmobiles; provides for registration fees; provides that an auctioneer is not considered a snowmobile dealer; provides that if an operator fails to pay the snowmobile registration fee, their operator's or chauffeurs license may be suspended. Effective date: July 1, 2009.

HB 5160

341

DUI Laws

Amends the state Vehicle Code provisions governing driving under the influence to add a law of the United States to the definition of prior convictions. Effective date: January 1, 2009.

HB 5274

146

Insurance Investigators

Revises the definition and qualifications of licensed professional investigators; defines professional investigator as a person employed by an insurance company and engages in the investigation business; clarifies the conduct of activities related to investigators; provides that a bail agent and a public accountant are not professional investigators; relates to law enforcement officers working as investigators; provides for reciprocity with other states. Effective date: May 28, 2008.

HB 5341

377

Carbon Monoxide Alarms

Provides, at the initial construction of a single-family dwelling or a multifamily dwelling, or at the time of renovation of any existing single-family in which a permit is required, or upon the addition or creation of a bedroom, the installation of at least one operational and approved carbon monoxide device with the single-family dwelling or within each unit of the multifamily dwelling; provides that no citation may be issued prior to the effective date of the code that may be adopted. Effective: date: March 23, 2009.

HB 5351

298

Traffic Offense

Allows an owner or employee of an entity performing work within a work zone to direct traffic if they are authorized and properly trained to direct traffic; provides that vehicle operators who disregard the owner or employee directing traffic are guilty of a civil infraction. Effective date: October 8, 2008.

HB 5509

140

Farm Produce Insurance Program

Provides for technical amendments to the farm produce insurance act; relates to the farm produce insurance program, grain dealers. losses, price later agreements, producer premiums, storage loss, warehouse receipts, claims, storage obligations, subrogation of claims and the right of the fund to borrow money for the payment of valid claims. Effective date: May 28, 2008.

HB 5559

241

Workers' Compensation

Provides that if the Insurance Commission disapproves a filing made by a workers' compensation insurer controlled by a nonprofit health care corporation as not being in compliance because rates are excessive or unfairly discriminatory, after a hearing he or she may order a refund of the premium to be made to the affected policyholders; requires a copy of the order to be sent to every insurer and rating organization subject to the order; does not affect policies made before the filing date. Effective date: July 17, 2008.

HB 5722

342

Financial Regulation

Provides for general amendments to the provisions governing annual audited financial reports of insurers. Effective date: December 23, 2008.

HB 6455

460

Driver Responsibility Law

Relates to payment of driver responsibility assessments and fees; allows the conditional reinstatement of an individuals' driving privileges if the individual requests an installment plan and makes proper payment under that plan. Effective date: April 1, 2009.

HB 6629

466

Traffic Offenses

Requires payment of expenses for an emergency response and expenses for prosecuting the person for committing felonious driving, negligent homicide, manslaughter, or murder, or attempted felonious driving, negligent homicide, manslaughter, or murder, resulting from the operation of a motor vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine while the person was impaired by or under the influence of intoxicating liquor or a controlled substance. Effective date: October 31, 2010.

HB 6630

467

Traffic Offenses

Revises sentencing guidelines for reckless driving causing serious impairment and reckless driving causing death. Effective date: October 31, 2010.

SB 82

43

Child Restraints

Requires a child who is 4 years of age or older but less than 8 years of age and who is less than 4 feet 9 inches in height shall be property secured in a child restraint system in accordance with the restraint manufacturer's and vehicle manufacturer's instructions and standards; provides safety belt use for children from age 4 and under 16. Effective date: July 1, 2008.

SB 104

463

Traffic Offenses

Relates to rules and procedures for the revocation of an operators or chauffeurs license; relates to penalties for reckless driving and driving while intoxicated including restricted drivers licenses and the requirement, in certain cases, that a vehicle be equipped with an ignition interlock device; relates to penalties for violations of motor vehicle law which result in serious injury or death, incurring driver license points in at-fault vehicle collisions and providing evidence of motor vehicle insurance. Effective date: October 31, 2010.

SB 296

164

Off Road Vehicles

Provides that a child does not need an off road vehicle safety certificate or be under their parents supervision if the child is in an ORV riding event or race and certain conditions are met, including the event organizer has the parents written permission, the event organizer has liability insurance, there is a physician or emergency medical personnel present and helmets are used; provides for reports; provides for reports to the Department of Transportation if a child is injured during the event. Effective date: June 19, 2008.

SB 760

521

Traffic Offenses

Revises sentencing guidelines for child abuse in the third degree to reflect citation change; relates to leaving a child unattended in a vehicle resulting in serious physical harm or death. Effective date: April 1, 2009.

SB 1061

29

Captives

Regulates captive insurance companies; specifies the risks for which such insurers may and may not provide insurance; relates to the acceptance or ceding of reinsurance; provides the corporate regulation and structure for applicants for certificate of authority; relates to capital and retained earnings for certification; relates to such insurers formed as limited liability companies; relates to insurer financial condition; provides conditions requiring loss of certificate. Effective date: March 13, 2008.

SB 1062

30

Taxation

Relates to the business tax; excludes taxation of certain insurance companies on gross direct premiums written on property or risk located in the state by captive insurance companies. Effective date: March 13, 2008.

SB 1134

462

DUI Convictions

Relates to DUI convictions; provides for various penalties including license suspension and sanctions, ignition interlock device requirements, and mandatory participation in an alcohol treatment program. Effective date: October 31, 2010.

SB 1344

422

Producer Licensing

Makes technical changes to the approval process for issuance of insurance producer's license. Effective date: January 6, 2009.

SB 1401

423

Producer Licensing

Clarifies issuance of insurance producer's license; provides that the insurance commissioner may place on probation, suspend, revoke or refuse to issue an insurance producer's license. Effective date: January 6, 2009.

SB 1475

574

Producer Licensing

Relates to the composition of the Insurance Agent Education Advisory Council; modifies continuing education term of renewal for insurance producers. Effective: January 1, 2010.

SB 1476

575

Producer Licensing

Specifies criteria which must be met by a program of study to qualify as a registered insurance agent program of study; relates to programs of study for health insurance, life insurance, life and health insurance, property insurance, casualty insurance, personal lines, and property and casualty insurance producers. Effective date: July 16, 2009.

SB 1477

576

Producer Licensing

Authorizes the Insurance Commissioner to waive the examination or program of study requirements for insurance producer licensure for a person who has obtained the certified employee benefit specialist designation, financial planner designation, fellow life management institute designation, life underwriting training council fellow designation, registered health underwriter designation, employee benefits consultant designation, health insurance associate designation, or risk management designation. Effective date: July 16, 2009.

SB 1576

468

Auto Insurance

Provides for State automobile insurance placement facility premium surcharges for moving violation causing death to vulnerable roadway user defined as a pedestrian, bicyclist, or someone on roller skates, inline skates or a skateboard. Effective date: October 31, 2010.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.