MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Insurance; Appropriations A

By: Representative Turner

House Bill 1328

AN ACT TO AMEND SECTION 83-1-191, MISSISSIPPI CODE OF 1972, TO RENAME THE COMPREHENSIVE HURRICANE DAMAGE MITIGATION PROGRAM TO THE STRENGTHEN MISSISSIPPI HOMES PROGRAM; TO INCLUDE WIND MITIGATION IN THE STRENGTHEN MISSISSIPPI HOMES PROGRAM; TO REMOVE THE PROVISIONS FOR A COST-BENEFIT STUDY ON WIND HAZARD MITIGATION CONSTRUCTION MEASURES, WIND CERTIFICATION AND HURRICANE MITIGATION INSPECTIONS, AND AN ADVISORY COUNCIL; TO INCREASE THE AMOUNTS OF FINANCIAL GRANTS OFFERED BY THE STRENGTHEN MISSISSIPPI HOMES PROGRAM TO FIFTEEN THOUSAND DOLLARS PER HOME AND TO ALLOW THE COMMISSIONER OF INSURANCE TO ESTABLISH CRITERIA FOR ISSUING OF GRANTS BY REGULATION; TO AUTHORIZE THE DEPARTMENT OF INSURANCE TO ENTER INTO CONTRACTS FOR PERSONAL AND PROFESSIONAL SERVICES TO IMPLEMENT THE STRENGTHEN MISSISSIPPI HOMES PROGRAM; TO RENAME THE COMPREHENSIVE HURRICANE DAMAGE MITIGATION PROGRAM FUND TO THE STRENGTHEN MISSISSIPPI HOMES PROGRAM FUND; TO AMEND SECTION 83-34-4, MISSISSIPPI CODE OF 1972, TO REVISE THE DIVERSION AND DISTRIBUTION OF THE NONADMITTED POLICY FEE; TO AMEND SECTION 83-5-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES OF AN AGENT'S CERTIFICATE OF AUTHORITY AND PROVIDE THAT PART OF THE FEE SHALL BE DEPOSITED INTO THE STRENGTHEN MISSISSIPPI HOMES FUND; TO AMEND SECTION 83-34-7, MISSISSIPPI CODE OF 1972, TO REVISE THE MAKEUP OF THE BOARD OF DIRECTORS OF THE MISSISSIPPI INSURANCE UNDERWRITING ASSOCIATION; TO PROVIDE THAT THE BOARD SHALL GET THE ADVICE AND CONSENT OF THE COMMISSIONER OF INSURANCE BEFORE REMOVAL OF THE EXECUTIVE DIRECTOR OF THE ASSOCIATION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 83-1-191, Mississippi Code of 1972, is amended as follows:

     83-1-191.  (1)  There is established within the Department of Insurance a * * *Comprehensive Hurricane Damage Mitigation Strengthen Mississippi Homes Program.  This section does not create an entitlement for property owners or obligate the state in any way to fund the inspection or retrofitting of residential property or commercial property in this state.  Implementation of this program is subject to the availability of funds that may be appropriated by the Legislature for this purpose.  The program may develop and implement a comprehensive and coordinated approach for hurricane and wind damage mitigation that may include the following:

          (a)  * * * Cost‑benefit study on wind hazard mitigation construction measures.  The performance of a cost‑benefit study to establish the most appropriate wind hazard mitigation construction measures for both new construction and the retrofitting of existing construction for both residential and commercial facilities within the wind‑borne debris regions of Mississippi as defined by the International Building Code.  The recommended wind construction techniques shall be based on both the newly adopted Mississippi building code sections for wind load design and the wind‑borne debris region.  The list of construction measures to be considered for evaluation in the cost‑benefit study shall be based on scientifically established and sound, but common, construction techniques that go above and beyond the basic recommendations in the adopted building codes.  This allows residents to utilize multiple options that will further reduce risk and loss and still be awarded for their endeavors with appropriate wind insurance discounts.  It is recommended that existing accepted scientific studies that validate the wind hazard construction techniques benefits and effects be taken into consideration when establishing the list of construction techniques that homeowners and business owners can employ.  This will ensure that only established construction measures that have been studied and modeled as successful mitigation measures will be considered to reduce the chance of including risky or unsound data that will cost both the property owner and state unnecessary losses.  The cost‑benefit study shall be based on actual construction cost data collected for several types of residential construction and commercial construction materials, building techniques and designs that are common to the region.  The study shall provide as much information as possible that will enhance the data and options provided to the public, so that homeowners and business owners can make informed and educated decisions as to their level of involvement.  Based on the construction data, modeling shall be performed on a variety of residential and commercial designs, so that a broad enough representative spectrum of data can be obtained.  The data from the study will be utilized in a report to establish tables reflecting actuarially appropriate levels of wind insurance discounts (in percentages) for each mitigation construction technique/combination of techniques.  This report will be utilized as a guide for the Department of Insurance and the insurance industry for developing actuarially appropriate discounts, credits or other rate differentials, or appropriate reductions in deductibles, for properties on which fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm have been installed or implemented.  Additional data that will enhance the program, such as studies to reflect property value increases for retrofitting or building to the established wind hazard mitigation construction techniques and cost comparison data collected to establish the value of this program against the investment required to include the mitigation measures, also may be provided.

  (b)  Wind certification and hurricane mitigation inspections.

(i)  Home‑retrofit inspections of site‑built, residential property, including single‑family, two‑family, three‑family or four‑family residential units, and a set of representative commercial facilities may be offered to determine what mitigation measures are needed and what improvements to existing residential properties are needed to reduce the property's vulnerability to hurricane damage.  A state program may be established within the Department of Insurance to provide homeowners and business owners wind certification and hurricane mitigation inspections.  The inspections provided to homeowners and business owners, at a minimum, must include:

    1.  A home inspection and report that summarizes the results and identifies corrective actions a homeowner may take to mitigate hurricane damage.

    2.  A range of cost estimates regarding the mitigation features.

    3.  Insurer‑specific information regarding premium discounts correlated to recommended mitigation features identified by the inspection.

    4.  A hurricane resistance rating scale specifying the home's current as well as projected wind resistance capabilities.

This data may be provided by trained and certified inspectors in standardized reporting formats and forms to ensure all data collected during inspections is equivalent in style and content that allows construction data, estimates and discount information to be easily assimilated into a database.  Data pertaining to the number of inspections and inspection reports may be stored in a state database for evaluation of the program's success and review of state goals in reducing wind hazard loss in the state.

   (ii)  To qualify for selection by the department as a provider of wind certification and hurricane mitigation inspections services, the entity shall, at a minimum, and on a form and in the manner prescribed by the commissioner:

    1.  Use wind certification and hurricane mitigation inspectors who:

     a.  Have prior experience in residential and/or commercial construction or inspection and have received specialized training in hurricane mitigation procedures through the state certified program.  In order to qualify for training in the inspection process, the individual should be either a licensed building code official, a licensed contractor or inspector in the State of Mississippi, or a civil engineer.

     b.  Have undergone drug testing and background checks.

     c.  Have been certified through a state mandated training program, in a manner satisfactory to the department, to conduct the inspections.

     d.  Have not been convicted of a felony crime of violence or of a sexual offense; have not received a first‑time offender pardon or nonadjudication order for a felony crime of violence or of a sexual offense; or have not entered a plea of guilty or nolo contendere to a felony charge of violence or of a sexual offense.

     e.  Submit a statement authorizing the Commissioner of Insurance to order fingerprint analysis or any other analysis or documents deemed necessary by the commissioner for the purpose of verifying the criminal history of the individual.  The commissioner shall have the authority to conduct criminal history verification on a local, state or national level, and shall have the authority to require the individual to pay for the costs of such criminal history verification.

    2.  Provide a quality assurance program including a reinspection component.

    3.  Have data collection equipment and computer systems, so that data can be submitted electronically to the state's database of inspection reports, insurance certificates, and other industry information related to this program.  It is mandatory that all inspectors provide original copies to the property owner of any inspection reports, estimates, etc., pertaining to the inspection and keep a copy of all inspection materials on hand for state audits.

(c)  Financial grants to retrofit properties Strengthen Mississippi Homes Program. The Strengthen Mississippi Homes Program shall provide financial grants * * *may be used to encourage single-family, site-built, owner-occupied, residential property owners or commercial property owners to retrofit their properties to make them less vulnerable to hurricane or wind damage.  No financial grant made under this section shall exceed * * *Ten Thousand Dollars ($10,000.00) Fifteen Thousand Dollars ($15,000.00) per recipient.  The commissioner shall promulgate rules governing eligibility requirements for grants and the administration of the program, including but not limited to, establishing applicant criteria, contractor and evaluator eligibility requirements and grant round eligibility and criteria.

          ( * * *db)  Education and consumer awareness.  Multimedia public education, awareness and advertising efforts designed to specifically address mitigation techniques may be employed, as well as a component to support ongoing consumer resources and referral services.  In addition, all insurance companies shall provide notification to their clients regarding the availability of this program, participation details, and directions to the state website promoting the program, along with appropriate contact phone numbers to the state agency administrating the program.  The notification to the clients must be sent by the insurance company within thirty (30) days after filing their insurance discount schedules with the Department of Insurance.

 * * *(e)  Advisory council. There is created an advisory council to provide advice and assistance to the program administrator with regard to his or her administration of the program.  The advisory council shall consist of:

   (i)  An agent, selected by the Independent Insurance Agents of Mississippi.

   (ii)  Two (2) representatives of residential property insurers, selected by the Department of Insurance.

   (iii)  One (1) representative of homebuilders, selected by the Home Builders Association of Mississippi.

(iv)  The Chairman of the House Insurance Committee, or his designee.

   (v)  The Chairman of the Senate Insurance Committee, or his designee.

   (vi)  The Executive Director of the Mississippi Windstorm Underwriting Association, or his designee.

   (vii)  The Director of the Mississippi Emergency Management Agency, or his designee.

Members appointed under subparagraphs (i) and (ii) shall serve at the pleasure of the Department of Insurance.  All other members shall serve as voting ex officio members.  Members of the advisory council who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25‑3‑69, and shall be reimbursed in accordance with Section 25‑3‑41, for mileage and actual expenses incurred in the performance of their duties.  Legislative members of the advisory council shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the advisory council may be paid while the Legislature is in session.  No advisory council member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the council, which action shall be recorded in the official minutes of the meeting.  Nonlegislative members shall be paid from any funds made available to the advisory council for that purpose.

          ( * * *fc)  Rules and regulations.  The Department of Insurance may adopt rules and regulations governing the * * *Comprehensive Hurricane Damage Mitigation Strengthen Mississippi Homes Program.  The department also may adopt rules and regulations establishing priorities for grants provided under this section based on objective criteria that gives priority to reducing the state's probable maximum loss from hurricanes and wind.  However, pursuant to this overall goal, the department may further establish priorities based on the insured value of the dwelling, whether or not the dwelling is insured by the Mississippi Windstorm Underwriting Association and whether or not the area under consideration has sufficient resources and the ability to perform the retrofitting required.

     (2)  Nothing in this section shall prohibit the Department of Insurance from entering into an agreement with any other appropriate state agency to assist with or perform any of the duties set forth hereunder.

     (3)  In implementing, establishing and administering the Strengthen Mississippi Homes Program, the Department of Insurance * * *shall issue a request for proposals to contract with a third party for the administration of the Comprehensive Hurricane Damage Mitigation Program.  The contract for the third‑party administrator shall be funded from may enter into contracts for personal or professional services and may access monies in the * * *Comprehensive Hurricane Damage Mitigation Strengthen Mississippi Homes Program Fund created in subsection (4) of this section * * *, and that amount shall not exceed one percent (1%) of the funds appropriated to the Department of Insurance for the program.  If the third‑party administrator selected through the request for proposals is replaced or is otherwise changed, the Department of Insurance shall notify the Chairs of the House and Senate Appropriations and Insurance Committees.

     (4)  There is created a special fund in the State Treasury to be known as the * * *Comprehensive Hurricane Damage Mitigation Strengthen Mississippi Homes Program Fund.  The fund shall consist of any monies from any source that are designated or made available for deposit into the fund.  The Department of Insurance may apply for any federal or private grants to provide additional funds for the special fund.  Monies in the fund shall be expended by the Department of Insurance, upon appropriation by the Legislature, for the purposes as provided in this section.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.

 * * * (5)  This section shall stand repealed from and after July 1, 2025.

     SECTION 2.  Section 83-34-4, Mississippi Code of 1972, is amended as follows:

     83-34-4.  (1)  Nonadmitted insurers shall not be assessable insurers of the association.  All surplus lines insurance producers placing insurance through nonadmitted insurers shall collect from the insured and remit to the association a nonadmitted policy fee on all premiums for all insurance written by such surplus lines insurance producer for a policy from a nonadmitted insurer for any and all risks in this state, except that policies or portions thereof that cover residential earthquake risks or residential flood risks that are not written through the National Flood Insurance Program shall be exempt from the nonadmitted policy fee.  By procuring or selling insurance on property in this state from a nonadmitted insurer, each surplus lines insurance producer placing insurance through a nonadmitted insurer agrees to be bound by the provisions of this chapter and to collect and remit the nonadmitted policy fee provided for herein.

     (2)  The nonadmitted policy fee shall be a percentage of the total policy premium but the nonadmitted policy fee shall not be considered premium and is not subject to premium taxes or commissions.  However, failure to pay the nonadmitted policy fee shall be treated the same as failure to pay premium.  "Total policy premium" includes taxes and commissions.

     (3)  The nonadmitted policy fee percentage shall be three percent (3%).

     (4)  Within twenty (20) days of the end of the quarter, surplus lines insurance producers placing insurance through nonadmitted insurers shall remit directly to the association all nonadmitted policy fees collected in the preceding quarter.  In addition to the nonadmitted policy fee provided for herein, surplus lines insurance producers placing insurance through nonadmitted insurers shall collect and remit excess deficit surcharges as provided by this chapter.  Surplus lines insurance producers placing insurance through nonadmitted insurers may designate another surplus lines insurance producer that actually procured the insurance from the nonadmitted carrier to collect and remit the nonadmitted policy fees.

     (5)  Each insured in this state who directly procures or renews insurance with a nonadmitted insurer on properties, risks or exposures located or to be performed, in whole or in part, in this state, other than insurance procured through a surplus lines licensee, shall be subject to the nonadmitted policy fee which shall be paid by the insured according to the procedures provided for premium taxes in Section 83-21-17(5).

     (6) Monies derived from the nonadmitted policy fee collected under this section shall not be considered public funds and may be used by the association, in addition to any uses provided for in Section 83-34-3(4), for education, public outreach, training of building officials and other programs targeted to reduce the number of policies within the association * * *; however, .

(a)  Beginning on July 1, 2018, and ending on June 30, 2019, before any fees are remitted to the association, One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be diverted and deposited into the Capital Expense Fund, and Four Million Five Hundred Thousand Dollars ($4,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. 

(b)  * * *Further, Beginning July 1, 2019, and ending on June 30, 2020, before any fees are remitted to the association, Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. 

(c)  * * *Further, Beginning July 1, 2022, and ending June 30, 2025, before any fees are remitted to the association but only if the association will receive at least sixty percent (60%) of the fees, Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 25-15-411.  Further, beginning July 1, 2022, and ending June 30, 2025, but only if the association will receive at least sixty percent (60%) of the fees and the Mississippi First Responders Health and Safety Trust Fund has received the diversion of Five Hundred Thousand Dollars ($500,000.00), Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited annually into the Annual Fire Fund created in Section 17-23-21.  Further, beginning July 1, 2022, and ending June 30, 2025, after the association has received sixty percent (60%) of the fees and after all other diversions are made, fifty percent (50%) of any excess amount shall be remitted to the association and fifty percent (50%) of any excess amount shall be diverted and deposited annually into the Annual Fire Fund.

(d)  Beginning July 1, 2025, before any fees are remitted to the association, Ten Million Dollars ($10,000,000.00) shall be diverted and deposited annually to the Strengthen Mississippi Homes Program Fund created in Section 83-1-191; Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 25-15-401 et seq.; Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited annually into the Annual Fire Fund created in Section 17-23-21; and further, beginning July 1, 2025, after all other diversions are made, Eight Million Dollars ($8,000,000.00) shall be remitted to the association.  Further, beginning July 1, 2025, after the association has received Eight Million Dollars ($8,000,000.00) and all other diversions are made, fifty percent (50%) of any excess amount shall be remitted to the Strengthen Mississippi Homes Program Fund and fifty percent (50%) of any excess amount shall be diverted and deposited annually into the Annual Fire Fund.

     In the event the value of the association's Total Admitted Assets, as defined by the audited financial statement, is less than Two Hundred Fifty Million Dollars ($250,000,000.00), the monies diverted and not remitted to the association under this subsection (6) during that fiscal year and subsequent fiscal years shall immediately be diverted to the association and shall not be considered public funds.

     (7)  The association may use excess funds to purchase reinsurance in an amount that may exceed the total premiums collected from policyholders.

     SECTION 3.  Section 83-5-73, Mississippi Code of 1972, is amended as follows:

     83-5-73.  The commissioner shall collect and pay into the special fund in the State Treasury designated as the "Insurance Department Fund" the following fees:  for certificate of authority to each general or district agent or manager, Twenty-five Dollars ($25.00); for filing and processing an agent's certificate of authority, * * *Twenty‑five Dollars ($25.00) Fifty Dollars ($50.00); for filing and examining statement preliminary to admission, One Thousand Dollars ($1,000.00); for filing and processing a Form A application, Two Thousand Dollars ($2,000.00); for filing and auditing annual statement, Five Hundred Dollars ($500.00); for filing any other paper required by law, Fifty Dollars ($50.00); for continuing education courses or programs filed by the providers for approval, Fifty Dollars ($50.00); for each certification company licensed status, Forty Dollars ($40.00); for each seal when required, Twenty Dollars ($20.00); for service of process on the commissioner as attorney, Twenty-five Dollars ($25.00).

     From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law, except that from and after July 1, 2025, of the Fifty Dollar ($50.00) fee charged for the filing and processing of an agent's certificate of authority, Twenty-five Dollars ($25.00) shall be deposited into the State General Fund and Twenty-five Dollars ($25.00) shall be deposited into the Strengthen Mississippi Homes Fund.

     From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

     SECTION 4.  Section 83-34-7, Mississippi Code of 1972, is amended as follows:

     83-34-7.  (1)  The Board of Directors of the Mississippi Insurance Underwriting Association as presently constituted shall serve as the temporary board of directors of the association.  Such temporary board of directors shall prepare and submit a plan of operation in accordance with Section 83-34-13 and shall serve until the permanent board of directors shall take office in accordance with the plan of operation.  The permanent board shall consist of five (5) representatives of the members to be appointed by the temporary board of directors subject to the approval of the commissioner and three (3) agents from the coast area to be appointed by the commissioner.  The terms of the members of the board of directors in place before March 22, 2007, shall expire on March 22, 2007, and such persons shall cease to serve on the board and shall relinquish all power and control of the association.

     (2)  (a)  From and after * * *March 22, 2007 July 1, 2025, the board of directors of the association shall consist of the following:

              (i)  The State Treasurer, who shall serve as an ex-officio, nonvoting member;

              (ii)  Five (5) of the assessable insurer companies, three (3) to be appointed by the commissioner, one (1) to be appointed by the Governor, and one (1) to be appointed by the Lieutenant Governor; each such assessable insurer appointed shall designate a representative knowledgeable in the matters of the association and authorize such representative to act and vote on its behalf;

              (iii)  Three (3) agents with no less than ten (10) years' experience in the property and casualty industry, two (2) of whom are residents in the coast area, and one (1) of whom is not a resident of the coast area; one (1) such coast area agent to be appointed by the Governor, one (1) such coast area agent to be appointed by the Lieutenant Governor, and the noncoast area agent to be appointed by the * * *commissioner Lieutenant Governor; and

              (iv)  * * *Two (2) One (1) business * * *leaders leader who * * *have has been * * *residents a resident of the coast area for no less than ten (10) years and who * * *have has no less than ten (10) years' experience in management of a business * * *, one (1) to be appointed by the Governor * * *, and one (1) to be appointed by the Lieutenant Governor.

          (b)  Except for the State Treasurer, the board members shall serve three-year terms with each term beginning on January 1, and the initial terms shall be staggered in the following manner:

              (i)  The initial term for three (3) of the assessable insurers shall begin on March 22, 2007, and expire on December 31, 2010, thereafter to be appointed for three-year terms;

              (ii)  The initial term for one (1) of the assessable insurers shall begin on March 22, 2007, and expire on December 31, 2009, thereafter to be appointed for three-year terms;

              (iii)  The initial term for one (1) of the assessable insurers shall begin on March 22, 2007, and expire on December 31, 2008, thereafter to be appointed for three-year terms;

              (iv)  The initial term for one (1) of the agents shall begin on March 22, 2007, and expire on December 31, 2010, thereafter to be appointed for three-year terms;

              (v)  The initial term for one (1) of the agents shall begin on March 22, 2007, and expire on December 31, 2009, thereafter to be appointed for three-year terms;

              (vi)  The initial term * * *for one (1) of * * *the agents noncoast agent to be appointed by the Lieutenant Governor shall begin on * * *March 22, 2007 July 1, 2025, and expire on December 31, * * *2008 2028, thereafter to be appointed for three-year terms;

              (vii)  * * *The initial term for one (1) of the business leaders shall begin on March 22, 2007, and expire on December 31, 2010, thereafter to be appointed for three‑year terms;

   (viii) The initial term for * * *one (1) of the business * * *leaders leader appointed by the Governor shall begin on * * *March 22, 2007 July 1, 2025, and expire on December 31, * * *2008 2028, thereafter to be appointed for three-year terms.

     (3)  On or before * * *March 22, 2007 July 1, 2025, the appropriate public official shall make such appointments and request such resignations from the existing board as are appropriate to comply with this section.

     (4)  The board shall be staffed by as many employees as it deems necessary; however, the board shall receive the advice and consent of the Commissioner of Insurance before removal of the executive director of the association.

     (5)  The board of directors has the power to act and make binding decisions on behalf of the association on all issues.

     SECTION 5.  Section 1 of this act shall take effect and be in force from and after its passage and the remainder of this act shall take effect and be in force from and after July 1, 2025.

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