Bill Text: MI HB5196 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Insurance: other; civil penalties for violations; allow. Amends sec. 150 of 1956 PA 218 (MCL 500.150).
Spectrum: Moderate Partisan Bill (Democrat 20-4)
Status: (Introduced) 2023-10-25 - Bill Electronically Reproduced 10/24/2023 [HB5196 Detail]
Download: Michigan-2023-HB5196-Introduced.html
HOUSE BILL NO. 5196
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 150 (MCL 500.150), as amended by 2019 PA 21.
the people of the state of michigan enact:
Sec. 150. (1) Any person who violates any provision of this act for which a specific penalty is not provided under any other provision of this act or of other laws applicable to the violation must be afforded an opportunity for a hearing before the director under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the director finds that a violation has occurred, the director shall reduce the findings and decision to writing and issue and cause to be served on the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from the violation. In addition, the director may order any of the following:
(a) Payment of a civil fine of not more than $1,000.00 for each violation. However, if the person knew or reasonably should have known that he or she was in violation of this act, the director may order the payment of a civil fine of not more than $5,000.00 for each violation. With respect to filings made under chapters 21, 22, 23, 24, and 26, "violation" means a filing not in compliance with those chapters and does not include an action with respect to an individual policy based on a noncomplying filing. With respect to an act or omission described in section 4503, a fine under this section may be ordered in addition to and not instead of a penalty or restitution under section 4511. An order of the director under this subdivision must not require the payment of civil fines exceeding $50,000.00. A fine collected under this subdivision must be turned over to the state treasurer and credited to the general fund.
(b) The suspension, limitation, or revocation of the person's license or certificate of authority.
(2) After notice and opportunity for hearing, the director may by order reopen and alter, modify, or set aside, in whole or in part, an order issued under this section if, in the director's opinion, conditions of fact or law have changed to require that action or the public interest requires that action.
(3) If a person knowingly violates a cease and desist order under this section and has been given notice and an opportunity for a hearing held under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the director may order a civil fine of $20,000.00 for each violation, or a suspension, limitation, or revocation of the person's license, or both. A fine collected under this subsection must be turned over to the state treasurer and credited to the general fund.
(4) The director may apply to the court of claims for an order of the court enjoining a violation of this act.
