ENROLLED 2023 First Extraordinary Session HOUSE BILL NO. 1 BY REPRESENTATIVE ZERINGUE 1 AN ACT 2 To appropriate funds for Fiscal Year 2022-2023, relative to the Insure Louisiana Incentive 3 Program; to impose conditions on the use of such appropriation; to require reports 4 relative to the use of such appropriation; to direct the state treasurer to transfer 5 certain sums into the program fund for the execution of the appropriation; to provide 6 for an effective date; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. The following sum is hereby appropriated from the source specified for the 9 purpose of making a supplemental appropriation for Fiscal Year 2022-2023 to the 10 Department of Insurance. 11 ELECTED OFFICIALS 12 DEPARTMENT OF INSURANCE 04-165 COMMISSIONER OF INSURANCE 13 14 EXPENDITURES: 15 Administrative/Fiscal Program for the Insure 16 Louisiana Incentive Program $45,000,000 17 TOTAL EXPENDITURES $45,000,000 18 MEANS OF FINANCE: 19 State General Fund by: 20 Statutory Dedications: 21 Insure Louisiana Incentive Fund $45,000,000 22 TOTAL MEANS OF FINANCING $45,000,000 Page 1 of 3 HB NO. 1 ENROLLED 1 Provided, however, that funds appropriated herein to the Administrative/Fiscal Program for 2 the Insure Louisiana Incentive Program, shall be used to award grants only to insurers 3 licensed in Louisiana possessing a minimum financial strength rating of AM Best "B+" or 4 a Demotech financial stability rating of "A". Any licensed surplus lines insurer applying for 5 a grant pursuant to the Insure Louisiana Incentive Program shall have a minimum financial 6 strength rating of AM Best "A". 7 Provided further that the commissioner shall expedite to the greatest extent possible the 8 approval of certificates of authority, rate filings, form filings, and other necessary regulatory 9 approvals of qualified insurers to facilitate the underwriting of new policies pursuant to the 10 program as quickly as possible and shall monitor the financial solvency of insurers that are 11 issued a grant pursuant to the program from funds appropriated herein. Such monitoring 12 shall include an evaluation of the adequacy of insurer reinsurance programs using 13 catastrophe model stress tests against the insurer's book of business. The commissioner shall 14 take whatever action is necessary to ensure that insurers receiving grants pursuant to the 15 program from funds appropriated herein remain financially solvent. 16 Provided further that the commissioner shall submit annual and quarterly reports on the 17 Insure Louisiana Incentive Program to the House Committee on Appropriations, the Senate 18 Committee on Finance, and the House and Senate committees on insurance containing 19 information for the preceding year and quarter, respectively, detailing the following for 20 grantees receiving grants from funds appropriated herein: the amount of premiums written, 21 by parish and by grantee, pursuant to the program; the amount of premiums, by parish and 22 by grantee, for property located in the parishes included in the federal Gulf Opportunity 23 Zone Act of 2005; the amount of premiums, by parish and by grantee, removed from the 24 Louisiana Citizens Property Insurance Corporation; and the total amount of premiums for 25 each grantee, by parish, inclusive of premiums written pursuant to the program. 26 Provided further that the commissioner of insurance may adopt emergency rules pursuant 27 to the Administrative Procedure Act to implement the Insure Louisiana Incentive Program 28 in conformity with the provisions of this Act. 29 Provided further that the commissioner shall promulgate rules for the program that require 30 reporting at least quarterly by each grantee that receives a grant from the funding 31 appropriated herein regarding the grantee's: premium to surplus ratio, net of reinsurance; 32 gross premium to surplus ratio; and detail on the catastrophe reinsurance program 33 maintained by the grantee, including retentions, limits, reinstatements, the current rating of 34 the grantee, and Probable Maximum Loss models for at least five different scenarios. Such 35 rules shall establish ratios for these reporting requirements, as applicable. Within thirty days 36 of the end of each reporting period, the department shall aggregate all responses and submit 37 them as a report to the Legislature. The commissioner of insurance is authorized to adopt 38 emergency rules for the implementation of this provision. 39 Provided further, that in awarding grants from funds appropriated herein pursuant to the 40 Insure Louisiana Incentive Program, the commissioner shall give preference to grant 41 applicants that agree to provide wind and hail coverage. 42 Section 2. The state treasurer is hereby authorized and directed to transfer $45,000,000 43 to the Insure Louisiana Incentive Fund from the state general fund out of FY 2022-2023 44 excess state general fund monies recognized by the Revenue Estimating Conference at its 45 December 15, 2022, meeting. 46 Section 3. This Act shall become effective upon signature by the governor or, if not 47 signed by the governor, upon expiration of the time for bills to become law without signature 48 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If Page 2 of 3 HB NO. 1 ENROLLED 1 vetoed by the governor and subsequently approved by the legislature, this Act shall become 2 effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3