HLS 23RS-671 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 309
BY REPRESENTATIVE GAROFALO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE: Provides relative to fortified home and commercial standards
1 AN ACT
2To amend and reenact R.S. 22:1483(A), (B), and (C)(1), relative to insurance discounts and
3 rate reductions for residential and commercial buildings; to require insurers to
4 provide premium credits or discounts under certain circumstances; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1483(A),(B), and (C)(1) are hereby amended and reenacted to
8read as follows:
9 ยง1483. Premium discounts, credits, rate differentials, adjustments in deductibles,
10 and other adjustments for compliance with building codes and for damage
11 mitigation
12 A. Any insurer required to submit rates and rating plans to the commissioner
13 of insurance shall provide an actuarially justified discount, credit, rate differential,
14 adjustment in deductible, or any other adjustment to reduce the insurance premium
15 to insureds who build or retrofit a structure to comply with the requirements of the
16 State Uniform Construction Code or the fortified home or fortified commercial
17 standards created by the Insurance Institute for Business and Home Safety.
18 B. Any insurer required to submit rates and rating plans to the commissioner
19 of insurance shall provide an actuarially justified discount, credit, rate differential,
20 adjustment in deductible, or any other adjustment to reduce the insurance premium
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-671 ENGROSSED
HB NO. 309
1 to insureds who install mitigation improvements or retrofit their property utilizing
2 construction techniques demonstrated to reduce the amount of loss from a windstorm
3 or hurricane. Such mitigation improvements or construction techniques shall include
4 but not be limited to roof deck attachments; secondary water barriers; roof coverings;
5 brace gable ends; construction techniques which enhance or reinforce roof strength;
6 roof-covering performance; roof-to-wall strength, wall-to-floor-to-foundation
7 strength; opening protection; and window, door, and skylight strength.
8 C.(1) After July 1, 2022, all All insurers required to submit rating plans to
9 the commissioner may, if actuarially justified, provide credits and discounts in
10 compliance with shall provide an actuarially justified discount, credit, rate
11 differential, adjustment in deductible, or any other adjustment to reduce the
12 insurance premium charged to any insured who builds or retrofits a structure to
13 comply with the requirements of the fortified home and fortified commercial
14 standards created by the Insurance Institute for Business and Home Safety. Any
15 homeowner who is currently receiving discounts pursuant to this Section may opt to
16 maintain discounts offered prior to July 1, 2022, if the homeowner continues to meet
17 the requirements to maintain such discounts, in lieu of the discount provided in this
18 Subsection.
19 * * *
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)]
HB 309 Engrossed 2023 Regular Session Garofalo
Abstract: Provides that all insurers that are required to submit rating plans to the
commissioner of insurance must provide credits and discounts.
Present law provides that any insurer required to submit rates and rating plans to the
commissioner of insurance shall provide an actuarially justified discount, credit, rate
differential, adjustment in deductible, or any other adjustment to reduce the insurance
premium to insureds who build or retrofit a structure to comply with the requirements of the
State Uniform Construction Code or the Insurance Institute for Business and Home Safety
(IIBHS).
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-671 ENGROSSED
HB NO. 309
Proposed law adds that an insurer shall provide an actuarially justified discount, credit, rate
differential, adjustment in deductible, or any other adjustment to reduce the insurance
premium to insureds who build or retrofit a structure to comply with the requirements of the
fortified home or fortified commercial standards created by IIHBS.
Present law provides that any insurer required to submit rates and rating plans to the
commissioner of insurance shall provide an actuarially justified discount, credit, rate
differential, adjustment in deductible, or any other adjustment to reduce the insurance
premium to insureds who install mitigation improvements or retrofit their property utilizing
construction techniques demonstrated to reduce the amount of loss from a windstorm or
hurricane.
Proposed law makes technical changes.
Present law provides that after July 1, 2022, all insurers required to submit rating plans to
the commissioner may, if actuarially justified, provide credits and discounts in compliance
with the fortified home and fortified commercial standards created by the Insurance Institute
for Business and Home Safety.
Present law further provides that any homeowner who is currently receiving discounts
pursuant to present law may opt to maintain discounts offered prior to July 1, 2022, if the
homeowner continues to meet the requirements to maintain such discounts, in lieu of the
discount provided in this present law.
Proposed law repeals the effective date and mandates instead of authorizing such credits and
discounts.
(Amends R.S. 22:1483(A), (B), and (C)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
original bill:
1. Add that any insurer required to submit rates and rating plans to the
commissioner shall provide an actuarially justified discount, credit, rate
differential, adjustment in deductible, or any other adjustment to reduce the
insurance premium to insureds who build or retrofit a structure to comply with
the requirements of the State Uniform Construction Code or the fortified home
or fortified commercial standards created by the Insurance Institute for Business
and Home Safety.
2. Add that any insurer required to submit rates and rating plans to the
commissioner shall provide an actuarially justified discount, credit, rate
differential, adjustment in deductible, or any other adjustment to reduce the
insurance premium to insureds who install mitigation improvements or retrofit
their property utilizing construction techniques demonstrated to reduce the
amount of loss from a windstorm or hurricane.
3. Add that the commissioner shall provide an actuarially justified discount, credit,
rate differential, adjustment in deductible, or any other adjustment to reduce the
insurance premium charged to any insured who builds or retrofits a structure to
comply with the requirements of the fortified home and fortified commercial
standards created by the Insurance Institute for Business and Home Safety.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-671 ENGROSSED
HB NO. 309
4. Remove the authorization of an insured who is currently receiving discounts
pursuant to present law to opt to maintain discounts offered prior to July 1, 2022.
5. Make technical changes.
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.