2001 Senate Bill 674 / Public Act 275

Introduced in the Senate

Sept. 26, 2001

Introduced by Sen. Willis Bullard (R-15)

To authorize insurance companies to create an "insurance compliance self-evaluative audit document," and exempt the self-audit from discovery or admission as evidence in a civil, criminal, or administrative proceeding. The immunity would not apply in cases of fraud, or to documents submitted to a state or federal regulatory agency under other state or federal law.

Referred to the Committee on Financial Services

Nov. 7, 2001

Substitute offered

To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

In the House

Nov. 28, 2001

Amendment offered by Rep. Alan Sanborn (R-32)

To accelerate the timetable for certain processes related to an insurance company’s appeal of an order to have its self audit disclosed.

The amendment passed by voice vote

In the Senate

Nov. 28, 2001

Amendment offered by Sen. Willis Bullard (R-15)

To adopt a technical change in a definition contained in the bill.

The amendment passed by voice vote

Passed in the Senate 22 to 12 (details)

Received in the House

Nov. 28, 2001

To authorize insurance companies to create an "insurance compliance self-evaluative audit document," and exempt the self-audit from discovery or admission as evidence in a civil, criminal, or administrative proceeding. The immunity would not apply in cases of fraud, or to documents submitted to a state or federal regulatory agency under other state or federal law.

Dec. 11, 2001

Substitute offered

To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Randy Richardville (R-56)

To require a person preparing an insurance company audit who finds a violation to report it to the insurance company, which must report the violation to the state insurance commissioner.

The amendment passed 73 to 30 (details)

Amendment offered by Rep. Charles LaSata (R-79)

To extend the bill’s exemption to the audit privilege to documents kept or prepared in the ordinary course of business.

The amendment passed by voice vote

Amendment offered by Rep. David Woodward (D-34)

To require a person preparing an insurance company audit who finds a criminal violation to report it to the state attorney general, and provide “whistle blower” protection for the person.

The amendment failed 50 to 54 (details)

Amendment offered by Rep. Ken Daniels (D-5)

To narrow the audit privilege so as to make public a greater amount of information, except for financial information.

The amendment failed 49 to 54 (details)

Amendment offered by Rep. David Woodward (D-34)

To narrow the audit privilege to life insurers, and only for the purpose of seeking or retaining certification by the insurance marketing standards association.

The amendment failed 42 to 57 (details)

Amendment offered by Rep. David Woodward (D-34)

To revoke the audit privilege if a court finds the privilege would cause substantial injury to the public interest, if there is evidence that the insurer dealt in bad faith with policy holders, and if there is evidence that the insurer engaged in illegal conduct, The amendment also narrows the audit privilege to life insurers, and only for the purpose of seeking or retaining certification by the insurance marketing standards association.

The amendment failed 45 to 56 (details)

Amendment offered by Rep. David Woodward (D-34)

To narrow the audit privilege to the audit document itself, and not to documents, records, findings, or information used or examined to prepare it.

The amendment failed 49 to 56 (details)

Amendment offered by Rep. David Woodward (D-34)

To establish that the audit privilege does not apply to any documents, records, findings, or information otherwise discoverable in a judicial or administrative proceeding, even if the material is used, examined, or incorporated in the audit.

The amendment failed 47 to 57 (details)

Passed in the House 62 to 43 (details)

Received in the Senate

Dec. 11, 2001

To authorize insurance companies to create an "insurance compliance self-evaluative audit document," and exempt the self-audit from discovery or admission as evidence in a civil, criminal, or administrative proceeding. The immunity would not apply in cases of fraud, or to documents submitted to a state or federal regulatory agency under other state or federal law.

Dec. 13, 2001

Passed in the Senate 21 to 14 (details)

To concur with the House-passed version of the bill.

Received in the House

Dec. 13, 2001

Signed by Gov. John Engler

Dec. 31, 2001