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      RS 22:2171     

  

PART V.  LOUISIANA PROPERTY AND CASUALTY

INSURANCE COMMISSION

§2171.  Louisiana Property and Casualty Insurance Commission

A.  The legislature hereby creates the Louisiana Property and Casualty Insurance Commission within the Department of Insurance.  The functions, duties, and responsibilities of the commission shall be to review and examine the availability and affordability of property and casualty insurance in the state of Louisiana.  Further, the commission shall undertake a comprehensive study and provide oversight and enforcement recommendations of the effectiveness of law enforcement and implementation of programs aimed at enforcement throughout the state of those laws and programs which affect automobile insurance rates.

B.  The commission shall be domiciled in the city of Baton Rouge and its members shall serve for terms of two years.

C.  The commission shall consist of the following members:

(1)  The governor or his designee.

(2)  The deputy commissioner for consumer advocacy.

(3)  The assistant secretary of the Department of Public Safety and Corrections, office of motor vehicles, or his designee.

(4)  The attorney general or his designee.

(5)  A representative of the Louisiana Association of Fire and Casualty Companies, selected by its governing body, or his designee.

(6)  The president of the Louisiana District Attorneys Association or his designee.

(7)  A representative of the Property Casualty Insurers Association of America, selected by its governing body, or his designee.

(8)  A representative of the Louisiana Surplus Line Association, selected by its governing body, or his designee.

(9)  Two members of the House Committee on Insurance selected by its chairman.

(10)  Two members of the Senate Committee on Insurance selected by its chairman.

(11)  One consumer representative selected by the speaker of the  House of Representatives.

(12)  One consumer representative selected by the president of the Senate.

(13)  A representative of the Independent Insurance Agents & Brokers of Louisiana.

(14)  A representative of the Professional Insurance Agents of Louisiana.

(15)  The executive director of the Louisiana Highway Safety Commission or his designee.

(16)  A representative of the Property Insurance Association of Louisiana appointed by its governing committee or his designee.

(17)  A representative of the Louisiana Workers' Compensation Corporation appointed by its board of directors or his designee.

(18)  A representative of the Louisiana Workforce Commission, office of workers' compensation or his designee, appointed by the executive director.

(19)  The commissioner of insurance or his designee.

(20)  A representative of the National Association of Mutual Insurance Companies.

(21)  A representative of law enforcement or his designee, selected jointly by the superintendent of state police, the secretary of the Department of Public Safety and Corrections, the president of the Louisiana Association of Chiefs of Police, and the president of the Louisiana Sheriffs' Association.

(22)  One member selected by the commissioner of insurance.

D.  The commission shall consist of ad hoc committees to study property and casualty insurance, including but not limited to the areas of automobile insurance, homeowners insurance, and workers' compensation insurance.  The commissioner of insurance shall appoint a chairperson and a vice chairperson for the commission and a chairperson and vice chairperson for each ad hoc committee.

E.  The automobile insurance ad hoc committee shall consist of the following members:

(1)  The commissioner of insurance or his designee.

(2)  The governor or his designee.

(3)  The representative of the National Association of Mutual Insurance Companies.

(4)  The assistant secretary of the Department of Public Safety and Corrections, office of motor vehicles, or his designee.

(5)  The attorney general or his designee.

(6)  The representative of the Property Casualty Insurers Association of America or his designee.

(7)  The representative of the Louisiana Association of Fire and Casualty Companies or his designee.

(8)  The president of the Louisiana District Attorneys Association or his designee.

(9)  The executive director of the Louisiana Highway Safety Commission.

(10)  Two members of the Senate Committee on Insurance selected by its chairman.

(11)  Two members of the House Committee on Insurance selected by its chairman.

(12)  One consumer representative selected by the speaker of the House of  Representatives.

(13)  One consumer representative selected by the president of the Senate.

(14)  A representative of the Independent Insurance Agents & Brokers of Louisiana.

(15)  A representative of the Professional Insurance Agents of Louisiana.

(16)  Repealed by Acts 2007, No. 459, §3, eff. Jan. 1, 2008.

(17)  Repealed by Acts 2012, No. 271, §2.

(18)  The representative of law enforcement or his designee.

F.  The homeowners ad hoc committee shall consist of the following members:

(1)  The governor or his designee.

(2)  The commissioner of insurance or his designee.

(3)  Two members of the Senate Committee on Insurance selected by its chairman.

(4)  Two members of the House Committee on Insurance selected by its chairman.

(5)  A representative of the Independent Insurance Agents & Brokers of Louisiana.

(6)  A representative of the Professional Insurance Agents of Louisiana.

(7)  The representative of the National Association of Mutual Insurance Companies.

(8)  One consumer representative selected by the speaker of the House of Representatives.

(9)  One consumer representative selected by the president of the Senate.

(10)  A representative of the Property Insurance Association of Louisiana appointed by its governing committee or its designee.

(11)  The representative of the Louisiana Association of Fire and Casualty Companies or  his designee.

(12)  The representative of the Property Casualty Insurers Association of America or his designee.

G.  The workers' compensation insurance ad hoc committee shall consist of the following members:

(1)  The governor or his designee.

(2)  The commissioner of insurance or his designee.

(3)  Two members of the Senate Committee on Insurance selected by its chairman.

(4)  Two members of the House Committee on Insurance selected by its chairman.

(5)  A representative of the Independent Insurance Agents & Brokers of Louisiana.

(6)  A representative of the Professional Insurance Agents of Louisiana.

(7)  The representative of the National Association of Mutual Insurance Companies.

(8)  One consumer representative selected by the speaker of the House of Representatives.

(9)  One consumer representative selected by the president of the Senate.

(10)  A representative of the Louisiana Workers' Compensation Corporation appointed by its board of directors or his designee.

(11)  A representative of the Louisiana Workforce Commission, office of workers' compensation or his designee, appointed by the executive director.

(12)  The representative of the Property Casualty Insurers Association of America or his designee.

(13)  Repealed by Acts 2012, No. 271, §2.

H.  The members of the commission shall serve without compensation, and their terms shall be for two years.

I.  Any vacancies on the commission shall be filled in the same manner as the original appointments for the unexpired portion of the term of the vacated appointment.

J.  A majority of the members of the commission shall constitute a quorum for the transaction of business.  A majority of the members of an ad hoc committee shall constitute a quorum for the transaction of business of the ad hoc committee.  All official actions of the commission or any ad hoc committee shall require the affirmative vote of a majority of the members of the commission or ad hoc committee present and voting during meetings of the commission or ad hoc committee.  The commission shall meet twice annually in any one calendar year and the ad hoc committees may meet on the call of the chairperson of the commission or of the ad hoc committee, or upon the request of any three members of the ad hoc committee.

K.(1)  The commission shall submit to the governor, the Louisiana Legislature, and the commissioner of insurance on an annual basis prior to the convening of each regular legislative session an annual report on their actions, studies, findings, and recommendations of those laws and projects affecting property and casualty insurance.

(2)(a)  The commission shall conduct all meetings and hearings, in accordance with R.S. 42:11 et seq., to receive testimony about that information it is charged with gathering.  The commission shall also be permitted to receive further information and testimony from regional and national experts on insurance rating issues.  The commission shall study ways to give incentives to those communities that have a greater enforcement rate over laws that directly or indirectly affect insurance rates in that community and state.

(b)  All state and local agencies and political subdivisions shall cooperate with the commission and assist it in the gathering of information when requested.  All materials in the possession or control of the commission or its employees shall be considered public records pursuant to R.S. 44:1 et seq.

L.  The commissioner of insurance shall appoint a director and an assistant director with the consent of the Senate who shall serve at the pleasure of the commissioner.  The commissioner of insurance may also employ such persons, including two unclassified employees, as necessary to carry out the provisions of this Section and may establish the compensation of technical, professional, and clerical employees as needed for the commission to accomplish its work.  Any such employee shall be compensated from the budget of the commissioner.  All of the employees of the commission shall be under the direction and supervision of the commissioner of insurance.

Acts 1997, No. 1433, §1; Acts 1999, No. 885, §§1, 3, eff. June 30, 1999; Acts 2001, No. 187, §1, eff. July 1, 2001; Acts 2003, No. 590, §§1 and 2; Acts 2007, No. 459, §§1 and 3, eff. Jan. 1, 2008; Redesignated from R.S. 22:15 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2012, No. 271, §§1, 2; Acts 2012, No. 317, §1; Acts 2014, No. 223, §1.



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