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ACT No. 694
Regular Session, 2012
HOUSE BILL NO. 94
BY REPRESENTATIVE CROMER
AN ACT1
To amend and reenact R.S. 36:696(A) and (C), and to enact R.S. 49:191(6)(a), and to repeal2
R.S. 49:191(4)(b), relative to the Department of Insurance, including provisions to3
provide for the re-creation of the Dept. of Insurance and the statutory entities made4
a part of the department by law; to provide for the effective termination date for all5
statutory authority for the existence of such statutory entities; to provide relative to6
the deputy commissioner of the office of consumer advocacy; to provide relative to7
the commissioner's appointment; to provide for the commissioner's salary; to provide8
for staff; to provide for the offices; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 36:696(A) and (C) are hereby amended and reenacted to read as11
follows:12
§696. Deputy commissioner for consumer advocacy; functions; office of consumer13
advocacy14
A. There is hereby created an office of consumer advocacy in the15
Department of Insurance. This office shall be under the direction of the deputy16
commissioner for consumer advocacy, who shall be appointed by the commissioner17
of insurance with consent of advice and concurrence of the Senate and House18
committees on insurance and who shall serve at the pleasure of the commissioner at19
a salary fixed by the commissioner, which salary and benefits shall be the same as20
the majority of the deputy commissioners of the Department of Insurance shall not21
exceed the amount approved for such position by the legislature while in session.22
The commissioner of insurance shall appoint the deputy commissioner of consumer23
advocacy by October 1, 2007. The office of consumer advocacy shall be staffed with24
no fewer than three full-time professional level civil service employees to manage25 ENROLLEDHB NO. 94
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complaints, inquiries, and outreach. The office of consumer advocacy shall be1
staffed with no fewer than two full-time journeyman level civil service employees2
to assist the professional level employe es. The office of consumer advocacy shall3
employ an administrative assistant designated by the deputy commissioner who shall4
be responsible for coordinating and directing travel, scheduling, office management,5
and any other duties assigned by the deputy commissioner. The office of consumer6
advocacy may shall be housed within the Louisiana Department of Insurance or in7
and, as funding is available, satellite offices may be opened as outlined in the rules8
and regulations to be implemented by the commissioner of insurance pursuant to this9
Section. The deputy commissioner for consumer advocacy shall be directly10
responsible to and shall perform his functions under the supervision and control of11
the commissioner of insurance.12
* * *13
C. The deputy commissioner for consumer advocacy can only may be14
terminated for without cause shown. A written report of termination shall be15
compiled by the commissioner of insurance and delivered to the clerk of the House16
of Representatives and the secretary of Senate at least ten days before the termination17
and shall be disclosed to the members of the respective houses of the legislature upon18
request.19
* * *20
Section 2. Pursuant to R.S. 49:193, the Department of Insurance and the statutory21
entities made a part of the department by law shall be re-created effective June 30, 2012, and22
all statutory authority therefor is continued in accordance with the provisions of Part XII of23
Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.24
Section 3. All statutory authority for the existence of the Department of Insurance25
and the statutory entities made a part of the department as re-created by Section 1 of this Act26
shall cease as of July 1, 2017, pursuant to R.S. 49:191. However, the Department of27
Insurance may be re-created prior to such date in accordance with the provisions of Part XII28
of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.29 ENROLLEDHB NO. 94
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Section 4. The provisions of R.S. 49:193 are hereby superseded to the extent that1
those provisions are in conflict with the provisions of this Act.2
Section 5. R.S. 49:191(6)(a) is hereby enacted to read as follows: 3
§191. Termination of legislative authority for existence of statutory entities; phase-4
out period for statutory entities; table of dates5
Notwithstanding any termination dates set by any previous Act of the6
legislature, the statutory entities set forth in this Section shall begin to terminate their7
operations on July first of each of the following years, and all legislative authority8
for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of9
July first of the following year, which shall be the termination date:10
* * *11
(6) July 1, 2016:12
(a) The Department of Insurance and all statutory entities made a part of the13
department by law.14
Section 6. R.S. 49:191(4)(b) is hereby repealed in its entirety.15
Section 7. This Act shall become effective on June 30, 2012; if vetoed by the16
governor and subsequently approved by the legislature, this Act shall become effective on17
June 30, 2012, or on the day following such approval by the legislature, whichever is later.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: