Dan Gilbert could launch ballot petition on auto insurance: What it could mean

Detroit Free Press (MI)

May 20-- May 20--LANSING -- Will Michigan voters get a say on what form auto insurance reform takes?

As talks on auto insurance continue between Democratic Gov. Gretchen Whitmer and Republican legislative leaders, there are plans for a ballot petition drive on auto insurance bankrolled by Detroit billionaire Dan Gilbert.

Gilbert officials on Monday confirmed a weekend report in the Detroit News that said the real estate and lending mogul is about to launch a petition drive.

Jared Fleisher, vice president of government affairs for Gilbert's Quicken Loans, told the Associated Press Monday that a ballot initiative committee will be created this week, in case the Michigan Legislature does not act to curb Michigan's highest-in-the-nation auto insurance premiums.

Fleisher said signature-gathering must begin soon as a backup.

Gilbert has talked about going to the voters on auto insurance before, in November 2018.

What's the effect of a possible Gilbert ballot initiative?

Talk of a ballot drive could increase pressure on Whitmer, since The News said Gilbert's proposed bill would resemble ones already put forward by Republicans, which Whitmer has pledged to veto.

Under Michigan's constitution, if enough valid signatures are collected, the Legislature either votes to approve the measure or the question goes to the ballot, with the governor unable to exercise a veto under either scenario.

"It increases pressure on everybody," and it appears "that's the intent," an aide to Whitmer said Monday.

The annual Detroit Regional Chamber Mackinac Policy Conference, which brings together Michigan's political and business leaders, kicks off May 28, and though a consensus could come sooner, "I think (Gilbert) would like to see a deal announced on Mackinac" Island, the aide said.

Whitmer also has to worry about defections from her own party, should Republicans push through a plan that falls short of what she wants but makes further concessions to Democratic requests. Three Democrats in the House and two in the Senate -- all but one of them from Detroit -- already voted with the GOP on the bills approved earlier.

Has anything changed since Gilbert last talked about going to the voters?

Yes, a great deal has changed.

Former Gov. Rick Snyder in December signed into law a bill that makes ballot initiatives tougher by requiring that no more than 15% of the signatures can come from any one of Michigan's 14 congressional districts.

Gilbert would have 180 days to collect about 341,000 valid signatures.

The new rules don't make a ballot initiative impossible, but they do likely make such an effort more expensive. In this case, the new rules severely limit the number of signatures that could come from the city of Detroit, where auto insurance rates are highest and support for rate reductions is strongest.

Will lawmakers act on auto insurance this week?

That's not clear.

"Discussions are ongoing," said Gideon D'Assandro, a spokesman for House Speaker Lee Chatfield, R-Levering.

Republicans, who have already passed different versions of auto insurance reform in the House and Senate respectively, could pass a single version in both chambers and send it to Whitmer as early as Tuesday.

But on Thursday, Senate Majority Leader Mike Shirkey, R-Clarklake, said he sees no need to rush the process, with prospects of reaching a consensus improving.

Shirkey made those comments after Whitmer appeared to shift on a key Republican demand of allowing more options for motorists on what level of personal injury protection coverage they purchase. Whitmer said she would not accept a bill that gave a zero-coverage option, suggesting she would accept one with less than the unlimited catastrophic coverage motorists are required to purchase today.

"I am very optimistic," said Sen. Adam Hollier, D-Detroit, who has sponsored a bill to restrict the use of non-driving factors in setting auto insurance premiums, which he expects will be incorporated -- either by amendment to one of the current GOP plans or as a separate bill -- in whatever plan is ultimately approved.

What auto insurance bills are now in play?

Early on May 9, the state House approved massive changes to Michigan's auto insurance law that were introduced only late Wednesday. House Bill 4397 would replace Michigan's unlimited medical coverage for catastrophic injuries with a range of personal injury protection coverage options and mandate five years of reduced rates for that portion of a motorist's auto insurance bill. Three Democrats -- two from Detroit -- joined all Republicans to pass the measure 61-49. It has yet to clear the Senate.

The House action followed similar action on May 7 in the GOP-controlled Senate, where major auto insurance changes were introduced, rushed through committee and approved in a 24-14 vote, with two Detroit Democrats voting yes with the Republicans. Senate Bill 1 would not mandate specific reductions in portions of the auto insurance premium, as the House bill would. But it, too, would give a range of coverage options and would phase out the Michigan Catastrophic Claims Association. That piece of the package alone was expected to reduce the current catastrophic claims surcharge of $192 per vehicle to about $40. The Senate bill has yet to clear the House.

Whitmer said she would veto either measure because neither guarantees significant rate reductions, provides adequate consumer protections, or prevents discrimination in rate-setting based on non-driving factors.

Both the House and Senate versions include limits on the use of non-driving factors, such as ZIP codes, in setting auto insurance premiums. However, many Democrats and other critics say those safeguards do not go far enough.

Contact Paul Egan: 517-372-8660 or [email protected]. Follow him on Twitter @paulegan4. Read more on Michigan politics and sign up for our elections newsletter. The Associated Press contributed to this report.

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