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Regular Session, 2014
HOUSE BILL NO. 879
BY REPRESENTATIVE THIBAUT
INSURANCE: Provides relative to insurance holding companies
AN ACT1
To amend and reenact R.S. 22:691.6(A)(2) and (J)(2) and R.S. 44:4.1(B)(11), relative to2
insurance holding companies; to provide that annual registration statements are due3
on April thirtieth for the previous calendar year; to provide an exemption from the4
Public Records Law; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:691.6(A)(2) and (J)(2) are hereby amended and reenacted to read7
as follows: 8
§691.6. Registration of insurers9
A. Registration.10
* * *11
(2) Any insurer which is subject to registration under this Section shall12
register within fifteen days after it becomes subject to registration, and annually13
thereafter by the first thirtieth of April of each year for the previous calendar year,14
unless the commissioner for good cause shown extends the time for registration, and15
then within the extended time. The commissioner may require any insurer16
authorized to do business in the state which is a member of an insurance holding17
company system, and which is not subject to registration under this Section, to18
furnish a copy of the registration statement, the summary specified in Subsection C19
of this Section, or other information filed by the insurance company with the20
insurance regulatory authority of its domiciliary jurisdiction.21
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J. Exemptions.1
* * *2
(2) Unless it appears in the discretion of the commissioner that the condition3
of a small company renders the continuance of its business hazardous to the public4
or its insureds, a small company shall not be required to submit to the department a5
registration statement required by this Section, but shall be considered a registered6
insurer for the purposes of the provisions of Subsection E of this Section, and R.S.7
22:704(A), 22:691.7(A) and 705 691.8.8
* * *9
Section 2. R.S. 44:4.1(B)(11) is hereby amended to read as follows:10
§4.1. Exceptions11
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B. The legislature further recognizes that there exist exceptions, exemptions,13
and limitations to the laws pertaining to public records throughout the revised14
statutes and codes of this state. Therefore, the following exceptions, exemptions, and15
limitations are hereby continued in effect by incorporation into this Chapter by16
citation:17
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(11) R.S. 22:2, 14, 31(B), 42.1, 88, 244, 263, 461, 572, 572.1, 574, 618,19
691.4, 691.5, 691.10, 732, 752, 753, 771, 834, 1008, 1019.2(B)(5)(a), 1203, 1460,20
1464, 1466, 1546, 1644, 1656, 1723, 1801, 1927, 1929, 1983, 1984, 2036, 2056,21
2085, 2293, 230322
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HB NO. 879
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Thibaut HB No. 879
Abstract: Changes the date for filing annual registration statements for insurance holding
companies to April 30 and provides references in the Public Records Law to certain
exemptions relative to insurance.
Present law requires insurance holding companies to file annual registration statements by
April 1 for the previous calendar year.
Proposed law changes present law by requiring insurance holding companies to file annual
registration statements by April 30 for the previous calendar year.
Present law (Public Records Law, R.S. 44:1 et seq.) provides for the definition of "public
records". Establishes the framework for the availability of public records to requesting
persons, and specifically provides that it is the duty of the custodian of the public records for
a public entity or agency to provide copies to persons so requesting.
Present law provides for certain exceptions, exemptions, and limitations. Specifies that any
exception, exemption, and limitation to the laws pertaining to public records not provided
for in the Public Records Law or in the constitution shall have no effect.
Proposed law retains present law and provides references in the Public Records Law to
certain present law exemptions relative to insurance (R.S. 22:263, 691.4, 691.5, 691.10, 834,
1008, 1464, 1801, 2056, 2085, and 2293).
(Amends R.S. 22:691.6(A)(2) and (J)(2) and R.S. 44:4.1(B)(11))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Insurance to the original
bill.
1. Deleted provisions relative to enterprise risk filing and the exemption for filing
an annual enterprise risk report.
2. Deleted provisions relative to the confidentiality of documents obtained by the
commissioner of insurance.
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Removes provisions of proposed law adding references in the Public Records
Law to certain present law exemptions (R.S. 22:550.7, 571, 639, 1796, and
2091).
2. Removes provisions of proposed law that would have made technical changes
to present law provisions relative to delegation of regulatory authority.
3. Makes technical changes.