Mississippi Department of Insurance; establish comprehensive mitigation program for retrofitting insurable homes.

S. B. No. 2409 *SS26/R612SG* ~ OFFICIAL ~ G3/5
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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Michel, Kirby, DeLano,
Seymour, Younger, Carter, England, Thompson

SENATE BILL NO. 2409
(As Sent to Governor)

AN ACT TO CREATE THE "STRENGTHEN MISSISSIPPI HOMES ACT" TO 1
ESTABLISH A COMPREHENSIVE MITIGATION PROGRAM IN THE MISSISSIPPI 2
DEPARTMENT OF INSURANCE FOR RETROFITTING INSURABLE HOMES; TO AMEND 3
SECTION 83-1-191, MISSISSIPPI CODE OF 1972, TO RENAME THE 4
"COMPREHENSIVE HURRICANE DAMAGE MITIGATION PROGRAM" TO THE 5
"STRENGTHEN MISSISSIPPI HOMES PROGRAM"; TO ESTABLISH CRITERIA FOR 6
THE NEW PROGRAM; TO INCLUDE HURRICANE, TORNADO, HAIL, OR OTHER 7
CATASTROPHIC WINDSTORM EVENT MITIGATION; TO ESTABLISH AN ADVISORY 8
COUNCIL; TO PROVIDE FOR OPERATIONAL REPORTS TO BE SUBMITTED TO THE 9
GOVERNOR AND THE LEGISLATURE; TO INCREASE THE AMOUNTS OF FINANCIAL 10
GRANTS OFFERED BY THE STRENGTHEN MISSISSIPPI HOMES PROGRAM TO 11
$10,000.00 PER HOME AND TO ALLOW THE MISSISSIPPI DEPARTMENT OF 12
INSURANCE TO ESTABLISH CRITERIA FOR THE ISSUING OF GRANTS BY 13
REGULATION; TO PROVIDE THAT GRANTS SHALL BE SUBJECT TO 14
APPROPRIATION; TO RENAME THE "COMPREHENSIVE HURRICANE DAMAGE 15
MITIGATION PROGRAM FUND" TO THE "STRENGTHEN MISSISSIPPI HOMES 16
FUND"; TO REMOVE THE REPEALER; TO AMEND SECTION 83-5-73, 17
MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE CHARGED FOR AN 18
AGENT'S CERTIFICATE OF AUTHORITY; AND FOR OTHER RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. This act shall be known and may be cited as the 21
"Strengthen Mississippi Homes Act." 22
SECTION 2. Section 83-1-191, Mississippi Code of 1972, is 23
amended as follows: 24
83-1-191. (1) There is established within the Mississippi 25
Department of Insurance * * * the Strengthen Mississippi Homes 26
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Program to aid homeowners across the state in retrofitting 27
insurable property to resist loss due to hurricane, tornado, hail, 28
or other catastrophic windstorm events. This section does not 29
create an entitlement for property owners or obligate the state in 30
any way to fund the inspection or retrofitting of residential 31
property * * * in this state. * * * The program * * * is 32
established to make financial grants to retrofit dwellings to 33
resist loss due to hurricane, tornado, hail, or other catastrophic 34
events that meet or exceed the FORTIFIED roof standard of the 35
Insurance Institute for Business and Home Safety (IBHS) or an IBHS 36
successor designation. For a dwelling to be considered for a 37
retrofit grant from the Strengthen Mississippi Homes Program: 38
(a) * * * An eligible dwelling must be a single-family 39
residence and not a condominium or manufactured home; 40
(b) * * * The dwelling must be the applicant's primary 41
residence; 42
(c) * * * The dwelling must be insured for windstorm 43
loss and, if in a Special Flood Hazard Area, flood insurance is 44
required; 45
(d) * * * The dwelling is in good repair, excluding 46
roof condition; and 47
(e) * * * The dwelling has not previously been 48
retrofitted to meet the IBHS FORTIFIED roof standard or an IBHS 49
successor designation. 50
* * * 51
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No grant shall be awarded to an approved applicant without 52
the eligible dwelling being inspected by a qualified Insurance 53
Institute for Business and Home Safety (IBHS) evaluator and the 54
homeowner receives an IBHS FORTIFIED certificate. The Mississippi 55
Department of Insurance shall adopt rules and regulations 56
governing the Strengthen Mississippi Homes Program and funds 57
deposited into the Strengthen Mississippi Homes Fund pursuant to 58
Section 83-5-73, Mississippi Code of 1972, and as appropriated by 59
the Legislature, or funds from any other source. 60
(2) * * * The Mississippi Department of Insurance may enter 61
into contracts for personal or professional services with a 62
third-party administrator(s) for implementing the Strengthen 63
Mississippi Homes Program, administering funds according to 64
source, and managing functions with the Strengthen Mississippi 65
Homes Program. Administration and issuance costs of the 66
Strengthen Mississippi Homes Program may vary by source of funds, 67
but no more than five percent (5%) of annual deposits in the 68
Strengthen Mississippi Homes Program Fund created in Section 69
83-5-73, Mississippi Code of 1972, may be used for the 70
administration and issuance of grants with the Strengthen 71
Mississippi Homes Program. 72
(3) The Mississippi Department of Insurance * * * is 73
authorized to enter into a contract with an appropriate state or 74
federal agency, Mississippi Windstorm Underwriters Association, or 75
any appropriate entity to act on behalf of, administer, and 76
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perform any of the duties within the Strengthen Mississippi Homes 77
Program. The Mississippi Department of Insurance shall segregate 78
funds received based on contracts with other entities. For funds 79
provided by any source other than in Section 83-5-73, Mississippi 80
Code of 1972: 81
(a) The Mississippi Department of Insurance may 82
establish applicant eligibility requirements pursuant to and/or a 83
condition of the source of funds. 84
(b) The Mississippi Department of Insurance may receive 85
a fee for services or resources attributed to the direct and 86
indirect costs of administering funds received for the Strengthen 87
Mississippi Homes Program, which shall not be subject to the five 88
percent (5%) administrative cap applicable to state-sourced funds. 89
(4) * * * (a) To meet the baseline eligibility requirements 90
for the funds provided by legislative appropriation to the 91
Strengthen Mississippi Homes Fund identified in Section 83-5-73, 92
no financial grant made under this section shall exceed Ten 93
Thousand Dollars ($10,000.00) per recipient. To be eligible for 94
participation in the Strengthen Mississippi Homes Program and 95
considered for a conditional grant, an applicant and subject 96
dwelling must comply with rules and regulations of the program to 97
meet or exceed the FORTIFIED roof standard of the Insurance 98
Institute for Business and Home Safety (IBHS) or an IBHS successor 99
designation. Applications shall be submitted via an online 100
portal. Eligible applicants shall be selected through a lottery 101
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or other allocation mechanism established by the Mississippi 102
Department of Insurance for eligibility requirements by source of 103
funds and subject to the availability of funds. Upon successful 104
completion of program requirements and receipt of the homeowners 105
IBHS certificate, the Mississippi Department of Finance and 106
Administration shall notify the applicant homeowner of the grant 107
amount to be awarded to the homeowner's certified building 108
contractor and shall request information necessary for payment, as 109
specified by the rules and regulations of the Mississippi 110
Department of Insurance. Any grant award shall include the 111
following language: "Funds were made available for this grant by 112
the Mississippi State Legislature." 113
(b) For funds provided by any source other than those 114
identified in Section 83-5—73, Mississippi Code of 1972, the 115
Mississippi Department of Insurance may adjust grant maximums and 116
eligibility criteria, including building code requirements, to 117
remain in compliance with the specific mandates or conditions of 118
that funding source. 119
(5) * * * There are created a series of special funds in the 120
State Treasury to be known as the Strengthen Mississippi Homes 121
Program Fund. Strengthen Mississippi Homes Funds may be 122
segregated by source and eligibility requirements of funds. The 123
funds shall consist of any monies from any source that are 124
designated or made available for deposit into the funds. Monies 125
in the fund shall be expended by the Mississippi Department of 126
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Insurance for the purposes as provided in this section. 127
Unexpended amounts remaining in the fund at the end of a fiscal 128
year shall not lapse into the State General Fund, and any interest 129
earned or investment earnings on amounts in the fund shall be 130
deposited into such fund. Grants shall be subject to the annual 131
appropriation of the Legislature. 132
(6) There is hereby created the Strengthen Mississippi Homes 133
Program Advisory Council for the purpose of advising the 134
Mississippi Department of Insurance in performance, efficiency, 135
and operations of the Strengthen Mississippi Homes Program. The 136
Mississippi Department of Insurance shall call a meeting of the 137
advisory council in the months of January, June, and October of 138
each year. The advisory council shall be composed of the 139
following: 140
(a) Three (3) members of the Senate appointed by the 141
Lieutenant Governor, one (1) to be from each Mississippi Public 142
Service Commission District, and one (1) of whom shall be the 143
Chairman of the Senate Insurance Committee, or their designees; 144
(b) Three (3) members of the House of Representatives 145
appointed by the Speaker of the House, one (1) to be from each 146
Mississippi Public Service Commission District, and one (1) of 147
whom shall be the Chairman of the House of Representatives 148
Insurance Committee, or their designees; and 149
(c) The Executive Director of the Mississippi Windstorm 150
Underwriters Association. 151
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Members of the advisory council shall receive per diem and 152
expenses which shall be paid from the contingent expense funds of 153
their respective houses in the same amounts as provided for 154
committee meetings when the Legislature is not in session; 155
however, no per diem and expenses for attending meetings of the 156
advisory council shall be paid to legislative members while the 157
Legislature is in session. 158
(7) No later than December 1 of each year, the Mississippi 159
Department of Insurance shall submit to the Governor and the 160
Legislature a report detailing for that calendar year the number 161
of grants awarded; the number of homes mitigated; the number of 162
IBHS FORTIFIED certificates issued; the estimated amount of 163
premium discounts grant recipients were given through this 164
program; a map with the location of awards granted; and the number 165
of awards granted in each county. This report shall also be made 166
public by placing it on the department's website. 167
SECTION 3. Section 83-5-73, Mississippi Code of 1972, is 168
amended as follows: 169
83-5-73. The commissioner shall collect and pay into the 170
special fund in the State Treasury designated as the "Insurance 171
Department Fund" the following fees: for certificate of authority 172
to each general or district agent or manager, Twenty-five Dollars 173
($25.00); for filing and processing an agent's certificate of 174
authority, * * * Fifty Dollars ($50.00); for filing and examining 175
statement preliminary to admission, One Thousand Dollars 176
S. B. No. 2409 *SS26/R612SG* ~ OFFICIAL ~
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ST: Mississippi Department of Insurance;
establish comprehensive mitigation program for
retrofitting insurable homes.
($1,000.00); for filing and processing a Form A application, Two 177
Thousand Dollars ($2,000.00); for filing and auditing annual 178
statement, Five Hundred Dollars ($500.00); for filing any other 179
paper required by law, Fifty Dollars ($50.00); for continuing 180
education courses or programs filed by the providers for approval, 181
Fifty Dollars ($50.00); for each certification company licensed 182
status, Forty Dollars ($40.00); for each seal when required, 183
Twenty Dollars ($20.00); for service of process on the 184
commissioner as attorney, Twenty-five Dollars ($25.00). 185
From and after July 1, 2016, the expenses of this agency 186
shall be defrayed by appropriation from the State General Fund and 187
all user charges and fees authorized under this section shall be 188
deposited into the State General Fund as authorized by law, except 189
that from and after July 1, 2026, of the Fifty Dollar ($50.00) fee 190
charged for the filing and processing of an agent's certificate of 191
authority, Twenty-five Dollars ($25.00) shall be deposited into 192
the State General Fund and Twenty-five Dollars ($25.00) shall be 193
deposited into the Strengthen Mississippi Homes Fund. 194
From and after July 1, 2016, no state agency shall charge 195
another state agency a fee, assessment, rent or other charge for 196
services or resources received by authority of this section. 197
SECTION 4. This act shall take effect and be in force from 198
and after its passage. 199