SLS 24RS-1446 REENGROSSED
2024 Regular Session
SENATE BILL NO. 484
BY SENATOR DUPLESSIS
PROPERTY INSURANCE. Provides for changes to the Louisiana Fortify Homes Program.
(gov sig)
1 AN ACT
2 To amend and reenact R.S. 22:1483.1(A) and (C) and R.S. 44:4.1(B)(11), to enact R.S.
3 22:1483.1(B)(5) and (E)(3) and 1892.3, and to repeal R.S. 22:1483.1(F), relative to
4 the Louisiana Fortify Homes Program; to provide the commissioner of insurance
5 may apply for grants or other funding, if available; to provide the commissioner of
6 insurance may enter into certain agreements with public agencies and private
7 entities; to require the grantee to submit to random reinspections; to provide certain
8 information and records are confidential; to provide for an effective date; to repeal
9 the termination date; to provide for an actuarial study; to provide for an effective
10 date; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 22:1483.1(A) and (C) are hereby amended and reenacted and R.S.
13 22:1483.1(B)(5) and (E)(3) and 1892.3 are hereby enacted to read as follows:
14 §1483.1. Louisiana Fortify Homes Program
15 A.(1) The Louisiana Fortify Homes Program is hereby created within the
16 department. The commissioner, as program administrator, may make financial grants
17 to retrofit roofs of insurable property, as defined in R.S. 22:1483(C)(9), with a
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1 homestead exemption to resist loss due to hurricane, tornado, or other catastrophic
2 windstorm events and to meet or exceed the "fortified roof" standard of the Insurance
3 Institute for Business and Home Safety. The commissioner shall promulgate rules
4 and regulations governing to govern the eligibility requirements for grants and the
5 administration of the program.
6 (2) The commissioner may apply for grants or funds from the federal
7 government or other funding sources to supplement the funds appropriated by
8 the legislature. The commissioner may use grant funds to pay for inspections for
9 grant applicants subject to the terms of the grant.
10 (3) The commissioner may enter into a cooperative endeavor agreement
11 with public agencies and private entities for projects pursuant to this Section.
12 A cooperative endeavor partner may administer grants or funds in the manner
13 required by the cooperative endeavor agreement.
14 (4) The department shall design an equivalent discount program for the
15 Louisiana wind mitigation inspection certificate.
16 (5) In order to ensure that state or federal monies are used in as an
17 effective manner as possible for the Louisiana Fortify Homes Program and to
18 ensure a maximum rate of return on invested state dollars, the department shall
19 perform the following duties:
20 (a) By July first of each calendar year, the department shall publish on
21 its website or other publicly accessible platform a list of all discounts that
22 insurers filed and were approved by the commissioner. The department shall
23 also submit a copy of the report to the David R. Poynter Legislative Research
24 Library as required by R.S. 24:771 and 772.
25 (b) On January 1, 2025, and January first every other proceeding year,
26 the commissioner shall release to insurers a list of actuarially sound
27 recommendations by the Insurance Institute for Business and Home Safety for
28 the Louisiana Fortify Homes Program and any discounts for insurers that are
29 unable to produce their own actuarial data. The department shall ensure that
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1 the report required by this Section is made publicly available on the website of
2 the department or other publicly accessible platform. The department shall also
3 submit a copy of the report to the David R. Poynter Legislative Research
4 Library as required by R.S. 24:771 and 772.
5 B. In order to receive a grant pursuant to this Section, the grantee shall do all
6 of the following:
7 * * *
8 (5) Submit to random reinspection of the retrofitted insurable property.
9 C.(1) The name of a recipient of a grant received pursuant to this Section, the
10 amount of the grant, and the municipal address of the retrofitted insurable property
11 shall be a public record.
12 (2) All information and records received pursuant to this Section other
13 than those listed in Paragraph (1) of this Subsection shall be deemed
14 confidential and exempt from disclosure pursuant to the Public Records Law,
15 R.S. 44:1 et seq. Nothing in this Subsection shall prevent the use of such
16 information or records for the compilation of statistical data wherein the
17 identity of the applicant, grantee, evaluator, or contractor is not disclosed.
18 * * *
19 E. This Section does not create any of the following:
20 * * *
21 (3) A guarantee, warranty, or surety on the part of the state for the
22 performance of any obligation undertaken by an applicant, evaluator, or
23 contractor.
24 * * *
25 §1892.3. Discounts; actuarial study
26 A. Subject to a sufficient appropriation by the legislature, the
27 department shall conduct an actuarial study to determine the range of discounts
28 that would be actuarially justified for a structure that meets the fortified home
29 building standards promulgated by the Insurance Institute for Business and
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1 Home Safety. At any time the department does not receive sufficient
2 appropriation from the legislature to conduct a third-party actuarial study
3 required by this Section, the department shall conduct an actuarial study
4 utilizing the department's actuarial staff.
5 B. By July first of each calender year, the commissioner shall produce
6 a report of the findings of the study required pursuant to this Section. The
7 department shall ensure that the report required by this Section is made
8 publicly available on the website of the department or other publicly accessible
9 platform. The department shall also submit a copy of the report to the David R.
10 Poynter Legislative Research Library as required by R.S. 24:771 and 772.
11 Section 2. R.S. 44:4.1(B)(11) is hereby amended and reenacted to read as follows:
12 §4.1. Exceptions
13 * * *
14 B. The legislature further recognizes that there exist exceptions, exemptions,
15 and limitations to the laws pertaining to public records throughout the revised
16 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
17 limitations are hereby continued in effect by incorporation into this Chapter by
18 citation:
19 * * *
20 (11) R.S. 22:2, 14, 31, 42.1, 88, 244, 263, 265, 461, 550.7, 571, 572, 572.1,
21 572.2, 574, 601.3, 618, 639, 691.4, 691.5, 691.6, 691.7, 691.8, 691.9, 691.9.1,
22 691.10, 691.38, 691.56, 732, 752, 753, 771, 834, 972(D), 976, 1008, 1019.2, 1203,
23 1460, 1464, 1466, 1483.1, 1488, 1546, 1559, 1566(D), 1644, 1656, 1657.1, 1660.7,
24 1723, 1796, 1801, 1808.3, 1927, 1929, 1983, 1984, 2036, 2045, 2056, 2085, 2091,
25 2293, 2303, 2508
26 * * *
27 Section 3. R.S. 22:1483.1(F) is hereby repealed in its entirety.
28 Section 4. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 484 Reengrossed 2024 Regular Session Duplessis
Present law authorizes the commissioner of insurance (commissioner) to provide financial
grants to retrofit roofs for insurable properties that have a homestead exemption to provide
a fortified roof that meets or exceeds the fortified roof standard of the Insurance Institute for
Business and Home Safety.
Present law requires the commissioner to adopt rules and regulations to govern the eligibility
requirements for grants and the administration of the program.
Proposed law retains present law and adds the commissioner is required to promulgate rules
and regulations when it is necessary for the proper administration of the La. Fortified Homes
Roof Program.
Proposed law authorizes the commissioner to apply for grants or funds from the federal
government or other funding sources, if available.
Proposed law authorizes the commissioner to enter into a cooperative endeavor agreement
with public agencies and private entities for certain projects pursuant to proposed law.
Proposed law requires the department to create a discount program for wind mitigation.
Proposed law requires the department to provide certain reports to ensure a maximum rate
of return on investments received for the La. Fortify Homes Program.
Present law requires a grantee receiving a grant do all of the following:
(1)Obtain all permits required by law or ordinance for construction.
(2)Arrange and pay for inspections required by law or ordinance and the terms of the
grant, which includes inspection pursuant to present law.
(3) Complies with applicable building codes.
(4) Maintain records as required by present law and the terms of the grant.
Proposed law retains present law but adds a requirement that the grantee submit to random
reinspections of his retrofitted insurable property.
Proposed law requires insurable property meet certain building requirements.
Present law provides the provisions of the La. Fortify Homes Roof Program terminate at
midnight on June 30, 2025.
Proposed law repeals present law.
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Proposed law provides for an actuarial study to determine whether certain discounts would
be actuarially justified for a structure that meets certain standards and for the department to
publish such findings by July first of each calendar year. Authorizes the use of a third party
to conduct the actuarial study if funding is available.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 22:1483.1(A) and (C) and R.S. 44:4.1(B)(11); adds R.S.22:1483.1(B)(5) and
(E)(3) and 1892.3; repeals R.S. 22:1483.1(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Makes technical change.
2. Provides the commissioner may apply for grants or other funds.
3. Provides the commissioner may enter into certain agreements with public
agencies and private entities for certain projects.
4. Provides for a discount program for the La. wind mitigation inspection
certificate.
5. Provides certain information and records are confidential.
6. Deletes proposed law relative to submission of rates and rating plans.
7. Deletes proposed law relative to insurers providing certain discounts or rate
reductions.
Senate Floor Amendments to engrossed bill
1. Adds requirement that the department create a discount program for wind
mitigation.
2. Adds requirement that the department provide certain reports to ensure a
maximum rate of return on investments received for the La. Fortify Homes
Program.
3. Adds requirement that the department conduct an actuarial study regarding
certain discounts with a third-party, contingent on funding.
4. Adds requirement for the department to publish the findings of the actuarial
study by July first each calendar year.
5. Makes technical changes.
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words in boldface type and underscored are additions.