§1428. Special assessment; creation of dedicated fund account
A.
(1)Except as provided in Paragraph (2) of this Subsection, the commissioner of
insurance may assess a fee on the direct premiums received by each insurer licensed by the
Department of Insurance to conduct business in this state. Such fee shall be imposed by rule
adopted by the commissioner in accordance with the Administrative Procedure Act. The
total fees assessed for any year shall not exceed the amount necessary to pay the costs of
investigation, enforcement, public education and public awareness, and prosecution of
insurance fraud in this state by the programs to which funds are allocated in Paragraph (4)
of this Subsection. The total fee assessed in any year shall not exceed an amount equal to
0.000375 multiplied times t
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§1428. Special assessment; creation of dedicated fund account
A.(1) Except as provided in Paragraph (2) of this Subsection, the commissioner of
insurance may assess a fee on the direct premiums received by each insurer licensed by the
Department of Insurance to conduct business in this state. Such fee shall be imposed by rule
adopted by the commissioner in accordance with the Administrative Procedure Act. The
total fees assessed for any year shall not exceed the amount necessary to pay the costs of
investigation, enforcement, public education and public awareness, and prosecution of
insurance fraud in this state by the programs to which funds are allocated in Paragraph (4)
of this Subsection. The total fee assessed in any year shall not exceed an amount equal to
0.000375 multiplied times the annual direct premium dollars received that are subject to the
fee.
(2) The fee shall not be assessed on premiums received on life insurance policies,
annuities, credit insurance, crop and livestock insurance, federal flood insurance policies,
reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. The fee
shall not be assessed on fifty percent of the premiums received on health and accident
insurance policies.
(3) Repealed by Acts 2025, No. 83, §2, eff. June 4, 2025.
(4)(a) Prior to making the allocations specified in Subparagraph (b) of this Paragraph,
the commissioner of insurance is authorized to withhold the sum of thirty thousand dollars
per year from the fees collected pursuant to this Section to defray the expense of collection
of the fees, enforcement of this Subpart, and operation of the Department of Insurance and
shall withhold one hundred eighty-seven thousand dollars to fund insurance fraud detection,
investigation, and public awareness.
(b) Except as otherwise provided in Subparagraph (a) of this Paragraph, the fees
collected shall be used solely for the purposes of this Subpart and shall be allocated to the
insurance fraud investigation unit within the office of state police, the insurance fraud
support unit within the Department of Justice, the section of insurance fraud within the
Department of Insurance, and other state agencies in accordance with a written agreement
entered into by the superintendent of state police, the attorney general, and the commissioner
of insurance.
(c) Except as otherwise provided in Subparagraph (a) of this Paragraph, if a written
agreement is not entered into pursuant to Subparagraph (b) of this Paragraph no later than
September thirtieth, the fees collected in the next fiscal year shall be used solely for the
purposes of this Subpart and shall be allocated as follows:
(i) Seventy-five percent of the fees collected shall be allocated to the insurance fraud
investigation unit within the office of state police.
(ii) Fifteen percent of the fees collected shall be allocated to the Department of
Justice to be used solely for the insurance fraud support unit.
(iii) Ten percent of the fees collected shall be allocated to the Department of
Insurance to be used solely for the section of insurance fraud.
B. The fee established in this Section shall be paid to commissioner of insurance and
shall be deposited immediately upon receipt into the state treasury.
C. After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, an amount
equal to that deposited as required by Subsection B of this Section shall be credited to a
special statutorily dedicated fund account created in the state treasury to be known as the
Insurance Fraud Investigation Dedicated Fund Account, hereafter referred to in this
Subsection as the "account". The monies shall be irrevocably dedicated and deposited in the
account and shall be used solely as provided in Subsection A of this Section and only in the
amounts appropriated by the legislature. Monies in the account shall be appropriated,
administered, and used solely and exclusively for purposes of the fraud unit, fraud support
unit, insurance fraud section, and as further provided in this Section. All unexpended and
unencumbered monies in the account at the end of the fiscal year shall remain in the account.
Monies deposited into the account shall be categorized as fees and self-generated revenue
for the sole purpose of reporting related to the executive budget, supporting documents, and
general appropriation bills and shall be available for annual appropriation by the legislature.
D. The commissioner of insurance may levy a fine on any insurer who fails to pay
the fee assessed pursuant to this Section when due. Such fine shall not exceed five percent
of the fee per month; however, no fine shall be less than one hundred dollars per month.
Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2001, No. 369, §1; Acts 2003, No.
293, §2; Acts 2010, No. 1013, §2, eff. July 1, 2010; Acts 2021, No. 114, §10, eff. July 1,
2022; Acts 2024, No. 339, §4; Acts 2024, No. 340, §2, eff. Sept. 1, 2024; Acts 2025, No. 83,
§§1, 2, eff. June 4, 2025.