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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 141
BY REPRESENTATIVES LEOPOLD, ARNOLD, BADON, BERTHELOT, BROSSETT,
BROWN, CHAMPAGNE, DIXON, GISCLAIR, GUINN, HILL, HOWARD, IVEY,
JONES, LEGER, LORUSSO, MILLER, NORTON, ST. GERMAIN, WHITNEY,
AND WILLMOTT
INSURANCE/FLOOD: Memorializes congress in opposition to the Biggert-Waters Flood
Insurance Reform Act of 2012
A CONCURRENT RESOLUTI ON1
To memorialize the United States Congress to pass the Strengthen, Modernize and Reform2
the National Flood Insurance Program Act and the Flood Insurance Implementation3
Reform Act of 2013 or take such actions as are necessary to amend or repeal Section4
205, Section 207, and any other section of the federal Biggert-Waters Flood5
Insurance Reform Act of 2012 which provides for new flood insurance rate maps or6
for the increase of premium fees for policyholders of the National Flood Insurance7
Program.8
WHEREAS, the National Flood Insurance Act of 1968 was enacted to provide9
previously unavailable flood insurance protection to property owners; and10
WHEREAS, the National Flood Insurance Program continues to provide important11
and necessary property coverage for home and business owners throughout various12
Louisiana parishes, as well as counties and communities nationwide; and13
WHEREAS, the Biggert-Waters Flood Insurance Reform Act of 2012 was signed14
into law on July 6, 2012; and15
WHEREAS, the act calls for a revision of the flood insurance rate maps; and16
WHEREAS, such revised flood insurance rate maps do not include the discounts17
granted by the current rate maps to property owners who have taken action to mitigate18
property damage by installing and maintaining flood control features, in conformity with the19 HLS 13RS-2671 ENGROSSED
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most current federal law available to them, and in conformity with current flood insurance1
rate maps; and2
WHEREAS, countless Louisiana property owners have built and purchased homes3
and businesses in accordance with the current flood rate insurance maps which, under the4
provisions of the Biggert-Waters Flood Insurance Reform Act of 2012, will soon enter5
obsolescence; and6
WHEREAS, the act also includes provisions, located in Section 207 of such act, that7
eliminate the "grandfathering" of homes that were built after the existing flood insurance rate8
maps in accordance with then existing laws; and9
WHEREAS, by purchasing homes and businesses in accordance with the provisions10
of the former flood rate insurance maps and by investing in previously owned property to11
install flood mitigation features, Louisiana property owners relied on their strict compliance12
with federal and state law to protect their purchases and investments; and13
WHEREAS, in light of the provisions of the Biggert-Waters Flood Insurance Reform14
Act of 2012, the reliance on existing flood insurance rate maps that those property owners15
demonstrated is now to their personal and financial detriment; and16
WHEREAS, the passage of the Biggert-Waters Flood Insurance Reform Act17
substantially and immediately devalued the investments made in all properties endowed with18
flood damage mitigation measures and to properties receiving subsidized insurance premium19
rates; and20
WHEREAS, the Biggert-Waters Flood Insurance Reform Act also includes21
provisions that permit the National Flood Insurance Program to increase premium rates for22
many policyholders; and23
WHEREAS, the elimination of these discounts combined with the certainty of24
general premium rate increases will result in a premium increase of up to twenty-five percent25
per year for certain Louisiana property owners over the next four years; and26
WHEREAS, under the changes to the National Flood Insurance Program caused by27
the Bigger-Waters Flood Insurance Reform Act, Louisiana property owners will struggle to28
pay exorbitant amounts of money or will lose their flood insurance; and29 HLS 13RS-2671 ENGROSSED
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WHEREAS, a change in the ability of Louisiana property owners to insure their1
homes from flood damage without bearing the burden of such a violent rise in cost may lead2
to financial distress for Louisiana residents and property owners and countless other property3
owners around this nation; and 4
WHEREAS, the premium increases to the National Flood Insurance Program, as5
mandated by the Biggert-Waters Flood Insurance Reform Act, will affect the entire nation's6
real estate market; and7
WHEREAS, the premium increases to the National Flood Insurance Program, as8
mandated by the Biggert-Waters Flood Insurance Reform Act, will affect the nation's9
banking and mortgage industry; and10
WHEREAS, the premium increases to communities and property owners who made11
their best efforts to comply with federal law by building property in accordance with soon12
to be outdated flood insurance rate maps will affect consumer confidence and the entire13
nation's economy; and 14
WHEREAS, on May 21, 2013, the Strengthen, Modernize and Reform the National15
Flood Insurance Program Act (SMART NFIP) was introduced by Senator Mary Landrieu16
to address the flaws of the Biggert-Waters Flood Insurance Reform Act; and17
WHEREAS, SMART NFIP, if passed, would delay premium increases, repeal18
provisions preventing new owners of sold homes to continue subsidized rates, and allow the19
rebuilding of key community facilities destroyed in a disaster that lie in velocity zones; and20
WHEREAS, on May 23, 2013, the Flood Insurance Implementation Reform Act of21
2013 was introduced by Congressman Cedric Richmond in an effort to also address flaws22
of the Biggert-Waters Flood Insurance Reform Act; and23
WHEREAS, the Flood Insurance Implementation Reform Act is co-sponsored by24
Congressmen Bill Cassidy, Rodney Alexander, Charles Boustany, and Congresswomen25
Doris Matsui and Maxine Waters; and26
WHEREAS, the Flood Insurance Implementation Reform Act, would, if passed, in27
some cases delay, up to five years, major components of the Biggert-Waters Flood Insurance28
Reform Act, including delaying the increasing of rates previously "grandfathered"; and29 HLS 13RS-2671 ENGROSSED
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WHEREAS, these instruments would address many of the concerns addressed herein;1
and2
WHEREAS, the United States Congress should consider the passage of the3
Strengthen, Modernize and Reform and National Flood Insurance Program Act and the4
Flood Insurance Implementation Reform Act of 2013, or, should neither of these acts pass,5
the United States Congress should consider the amendment or the repeal of Section 205,6
Section 207, and all such sections of the Biggert-Waters Flood Insurance Reform Act which7
provide for the increase of premium fees for policyholders of the National Flood Insurance8
Program, in order to prevent the unduly hazardous effects it will have on home and business9
owners who invested in property prior to the adoption of the new federal legislation and10
flood insurance rate maps.11
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby12
memorialize the United States Congress to take such actions as are necessary to undertake13
the amendment or repeal of all relevant provisions of the Biggert-Waters Flood Insurance14
Reform Act of 2012, including passage of the Strengthen, Modernize and Reform the15
National Flood Insurance Program Act and the Flood Insurance Implementation Reform Act16
of 2013.17
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby18
memorialize the United States Congress to, in the absence of the amendment or repeal of all19
relevant provisions of this Act, suspend adoption of new flood insurance rate maps in order20
to allow communities with a substantial percentage of participation in the National Flood21
Insurance Program to work with the Federal Emergency Management Agency and the22
National Flood Insurance Program to provide for the creation of new flood insurance rate23
maps which do not unjustly and inequitably dispose of the rights created under existing rate24
maps.25
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby26
memorialize the United States Congress to, in the absence of the amendment or repeal of all27
relevant provisions of this Act, provide for a one-year period during which time property28
owners, in conjunction with the Federal Emergency Management Agency and the National29
Flood Insurance Program, may enter a special enrollment period wherein property owners30 HLS 13RS-2671 ENGROSSED
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may sign up or renew their current National Flood Insurance Program policy using the1
current flood insurance rate maps on which they relied to purchase and build their homes and2
businesses.3
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the4
presiding officers of the Senate and the House of Representatives of the Congress of the5
United States of America and to each member of the Louisiana congressional delegation.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leopold HCR No. 141
Memorializes congress to amend or repeal certain provisions of the Biggert-Waters Flood
Insurance Reform Act of 2012 and to consider passing the Strengthen, Modernize and
Reform the National Flood Insurance Program Act and the Flood Insurance Implementation
Reform Act of 2013.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Memorializes congress to consider passing the Strengthen, Modernize and
Reform the National Flood Insurance Program Act and the Flood Insurance
Implementation Reform Act of 2013.