HB-6098, As Passed Senate, December 13, 2006
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6098
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 1915 (MCL 500.1915), as added by 1980 PA 341.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1915. (1) A licensee may not charge, in addition to the
premium charged by an unauthorized insurer, a fee to cover the
costs incurred in the placement of the indemnity which exceeds
$50.00, unless all of the following conditions are met:
The fee in excess of
is approved by rule of
the commissioner filed with
the commissioner and not
disapproved by the commissioner within 30 days of the date it is
filed with the commissioner.
The fee exceeds
only to the extent that
the actual additional costs incurred for services performed by
persons or entities unrelated to the licensee exceed that amount.
(2) A fee charged pursuant to subsection (1) shall not be
excessive or discriminatory. The licensee shall maintain complete
documentation of all fees charged pursuant to subsection (1)(b).
Those fees shall not be included as a part of the policy premium in
the computation of premium taxes.
Assessments as provided in section 1943 shall not be subject
to this section.
(3) The $50.00 fee prescribed in subsection (1) shall be
adjusted June 1, 2008 and annually thereafter to reflect the
percentage of change in the consumer price index.
(4) As used in this section, "consumer price index" means the
consumer price index for all urban consumers in the United States
city average for all items, as most recently reported by the United
States department of labor, bureau of labor statistics, and as
certified by the commissioner in an administrative bulletin.