2023 House Bill 4331 / 2024 Public Act 82

Insurance: property and casualty; insurance withholding amount for fire-damaged homes; increase, and allow for abandoned funds to be used for repairs.

An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 2227 (MCL 500.2227), as amended by 2014 PA 509.

House Fiscal Agency Analysis

House Bill 4331 would amend section 2227 of the Insurance Code to increase the maximum amount that can be escrowed by certain municipalities from fire insurance claims and certain other property insurance claims involving residential real property. The bill would increase the maximum amount to $24,000 beginning July 1, 2024. This amount would then be annually adjusted every July 1 based on the Detroit Consumer Price Index. The current cap of $12,000, adjusted for inflation, took effect January 1, 2015. The actual cap after adjustments is now $15,009. In addition, the bill would allow certain abandoned funds to be used for repairs, in addition to their currently allowed use for demolition.

Introduced in the House

March 23, 2023

Introduced by Rep. Karen Whitsett (D-4) and 15 co-sponsors

Co-sponsored by Reps. Donavan McKinney (D-14), Alabas Farhat (D-3), Natalie Price (D-5), Kimberly Edwards (D-12), Jimmie Wilson (D-32), Penelope Tsernoglou (D-75), Brenda Carter (D-53), Amos O’Neal (D-94), Kara Hope (D-74), John Roth (R-104), Jim Haadsma (D-44), Graham Filler (R-93), Joseph Aragona (R-60), Samantha Steckloff (D-19) and Tullio Liberati (D-2)

Referred to the Committee on Insurance and Financial Services

June 8, 2023

Reported without amendment

Sept. 19, 2023

Amendment offered by Rep. Mike Harris (R-52)

1. Amend page 2, line 11, after “exceed” by striking out “$20,000.00” and inserting “$24,000.00”.

2. Amend page 2, line 12, after “Index” by inserting “or 5%, whichever is less”.

3. Amend page 11, line 9, after “exceed” by striking out “$20,000.00” and inserting “$24,000.00”.

4. Amend page 11, line 10, after “Index” by inserting “or 5%, whichever is less”.

5. Amend page 11, line 23, after “exceed” by striking out “$20,000.00” and inserting “$24,000.00”.

6. Amend page 11, line 24, after “Index” by inserting “or 5%, whichever is less”.

The amendment failed by voice vote

Sept. 26, 2023

Passed in the House 100 to 9 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Sept. 27, 2023

Referred to the Committee on Housing and Human Services

April 16, 2024

Reported with substitute S-1

April 17, 2024

Referred to the Committee of the Whole

April 30, 2024

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

May 1, 2024

Passed in the Senate 24 to 14 (details)

Received in the House

May 1, 2024

May 7, 2024

Returned to the Senate

Received in the Senate

May 9, 2024

June 12, 2024

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Received in the House

June 12, 2024

June 27, 2024

Substitute S-1 concurred in 96 to 14 (details)

Signed by Gov. Gretchen Whitmer

July 23, 2024