SLS 23RS-403 ENGROSSED 2023 Regular Session SENATE CONCURRENT RESOL UTION NO. 19 BY SENATOR TALBOT LEGIS POWERS/FUNCTIONS. Creates the Task Force on Available and Affordable Commercial Motor Vehicle Insurance. 1 A CONCURRENT RESOL UTION 2 To create the Task Force on Available and Affordable Commercial Motor Vehicle Insurance 3 to study and report on the impediments to obtaining affordable commercial motor 4 vehicle insurance in Louisiana, the approaches taken by other states to reduce 5 commercial motor vehicle insurance premiums, and to provide recommendations to 6 the legislature on methods for increasing the availability and affordability of 7 commercial motor vehicle insurance in Louisiana. 8 WHEREAS, according to the American Trucking Research Institute, for four years 9 nationwide, the affordability and availability of commercial motor vehicle insurance has 10 been a top issue in truck transportation; and 11 WHEREAS, Louisiana ranks as the second most expensive state for commercial 12 motor vehicle insurance in the nation; and 13 WHEREAS, Louisiana trucking companies and owner-operators continue to struggle 14 to pay for commercial motor vehicle insurance; and 15 WHEREAS, Louisiana pays up to four times more than other states for commercial 16 motor vehicle insurance; and 17 WHEREAS, small fleets in Louisiana, which consists of more than ninety-four 18 percent of all commercial trucking companies, pay up to four times more for commercial Page 1 of 6 SCR NO. 19 SLS 23RS-403 ENGROSSED 1 motor vehicle insurance; and 2 WHEREAS, the situation has deteriorated to an extent where the vast majority of 3 commercial motor vehicle insurance companies refuse to write policies in Louisiana, further 4 exacerbating issues related to affordability and availability; and 5 WHEREAS, the lack of competition negatively affects commercial motor vehicle 6 insurance rates and potentially negatively affects the number of trucking companies 7 registered in Louisiana; and 8 WHEREAS, decreased registered trucking companies in Louisiana may result in 9 increased cost of consumer goods and render Louisiana less economically competitive; and 10 WHEREAS, by reducing the amount of revenue collected from various sources, 11 including corporate income taxes, gasoline tax, motor vehicles sales tax, titling fees, and 12 automobile plate fees increases the potential for a negative economic impact on the state of 13 Louisiana; and 14 WHEREAS, other states, including Texas, Iowa, and Florida have recently acted to 15 considerably lower commercial motor vehicle insurance rates and therefore provide more 16 economically competitive options to commercial motor vehicle carriers; and 17 WHEREAS, alternative insurance options have proven effective in similar 18 circumstances and in other states; and 19 WHEREAS, the legislature desires to form a task force to study available and 20 affordable commercial motor vehicle insurance and to provide a forum to present its 21 findings; and 22 WHEREAS, considering that increased competition among commercial motor 23 vehicle insurance companies in Louisiana should lower rates, the legislature would be 24 further assisted by recommendations on methods to increase the number of commercial 25 motor vehicle insurers offering commercial motor vehicle insurance policies in 26 Louisiana; and 27 WHEREAS, considering that Louisiana generates revenue from commercial motor 28 vehicles registered in the state, the legislature would be additionally assisted by 29 quantification of tax revenue per commercial vehicle unit and per trucking company to 30 assess monetary impact. Page 2 of 6 SCR NO. 19 SLS 23RS-403 ENGROSSED 1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 2 establish and provide for the Task Force on Available and Affordable Commercial Motor 3 Vehicle Insurance to study and report on the following: 4 (1) Impediments to obtaining affordable commercial motor vehicle insurance in 5 Louisiana. 6 (2) Approaches taken by other states to reduce commercial motor vehicle insurance 7 premiums. 8 (3) Economic impact of commercial motor vehicle insurance affordability on state 9 revenue. 10 (4) Review the structure and the regulation of the commercial motor vehicle 11 companies and drivers in this state. 12 (5) Review the safety records of commercial motor vehicle companies in our state. 13 (6) Review of the qualifications of commercial motor vehicle drivers in our state, like 14 the ability to take verbal tests in Louisiana. 15 BE IT FURTHER RESOLVED that the task force should include consideration of 16 recommendations, together with specific proposals for legislation on methods for increasing 17 the number of commercial motor vehicle insurers offering commercial motor vehicle 18 insurance policies in Louisiana and the affordability of commercial motor vehicle insurance 19 premiums, by written report to the legislature and to the David R. Poynter Legislative 20 Research Library as required by R.S. 24:771 and 772, no later than March 1, 2024. 21 BE IT FURTHER RESOLVED that the task force shall consist of the following 22 members: 23 (1) The commissioner of insurance or his designee who shall serve as chairman. 24 (2) The chairman of the Senate Committee on Insurance or his designee. 25 (3) The chairman of the House Committee on Insurance or his designee. 26 (4) The governor of the state of Louisiana or his designee. 27 (5) The chief executive officer of the Consumer Federation of America or his 28 designee. 29 (6) The chairman of the Louisiana Property and Casualty Insurance Commission or 30 his designee. Page 3 of 6 SCR NO. 19 SLS 23RS-403 ENGROSSED 1 (7) The president of the Independent Insurance Agents & Brokers of Louisiana or his 2 designee. 3 (8) The president of the Professional Insurance Agents of Louisiana or his designee. 4 (9) A chairman of the Louisiana Association for Justice or his designee. 5 (10) The chief executive officer of Louisiana Farm Bureau Insurance or his designee. 6 (11) The chairman of the American Property Casualty Insurance Agency (APCIA) 7 or his designee. 8 (12) The chairman of the Louisiana Motor Transport Association or his designee. 9 (13) The chairman of the National Association of Mutual Insurance Companies 10 (NAMIC) or his designee. 11 (14) The secretary of the Department of Public Safety and Corrections or his 12 designee. 13 (15) The secretary of the Department of Transportation or his designee. 14 BE IT FURTHER RESOLVED that the names of the members designated by this 15 Resolution be submitted to the commissioner no later than June 30, 2023. 16 BE IT FURTHER RESOLVED a vacancy in the membership shall be filled in the 17 same manner as the original appointment. 18 BE IT FURTHER RESOLVED that the members of the commission shall serve 19 without compensation, except per diem or expenses reimbursement to which they may be 20 individually entitled as members of their constituent organizations. 21 BE IT FURTHER RESOLVED that a majority of the commission shall constitute 22 a quorum for the transaction of business and all official actions of the commission shall 23 require the affirmative vote of a majority of the quorum. 24 BE IT FURTHER RESOLVED that the commissioner shall call the first meeting of 25 the commission, which shall be held no later than July 31, 2023, at which time the 26 commission shall select a vice chairman and other officers deemed necessary from among 27 its membership, and shall adopt rules of procedure and any additional measures that the 28 commission deems necessary for the timely performance of its duties. 29 BE IT FURTHER RESOLVED the commissioner of insurance shall designate staff 30 from the Department of Insurance to assist the commission in the performance of its duties. Page 4 of 6 SCR NO. 19 SLS 23RS-403 ENGROSSED 1 BE IT FURTHER RESOLVED the commission shall be domiciled in Baton Rouge 2 but may hold meetings elsewhere in the state. 3 BE IT FURTHER RESOLVED a copy of this Resolution shall be mailed to the 4 Louisiana Department of Insurance, the Senate Committee on Insurance, the House 5 Committee on Insurance, the governor of the state of Louisiana, Louisiana Workers' 6 Compensation Corporation, Louisiana Property and Casualty Insurance Commission, 7 Independent Insurance Agents & Brokers of Louisiana, Professional Insurance Agents of 8 Louisiana, Louisiana Association for Justice, Louisiana Farm Bureau Insurance, American 9 Property Casualty Insurance Agency, and Louisiana Motor Transport Association. The original instrument was prepared by Archana Cadge. The following digest, which does not constitute a part of the legislative instrument, was prepared by Beth O'Quin. DIGEST SCR 19 Engrossed 2023 Regular Session Talbot Proposed law creates the Task Force on Available and Affordable Commercial Motor Vehicle Insurance to study and report on the following: (1)Impediments to obtaining affordable commercial motor vehicle insurance in Louisiana. (2)Approaches taken by other states to reduce commercial motor vehicle insurance premiums. (3)Economic impact of commercial motor vehicle insurance affordability on state revenue. (4)Reviews the structure and the regulation of the commercial motor vehicle companies and drivers in this state. (5)Reviews the safety records of commercial motor vehicle drivers in this state. (6)Reviews the qualifications of commercial motor vehicle drivers in this state, like the ability to take verbal tests in this state. Proposed law provides for the members and officers of the task force, the areas to study, and where to provide reports after the task force has completed its study. Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Insurance to the original bill 1. Makes technical changes. Page 5 of 6 SCR NO. 19 SLS 23RS-403 ENGROSSED 2. Requests the task force to study and report on additional issues regarding commercial motor vehicles in this state. 3. Adds members to the task force. Page 6 of 6