Louisiana Revised Statutes 22:2132 – Authority; creation; powers
Terms Used In Louisiana Revised Statutes 22:2132
- Authority: means the Louisiana Automobile Theft and Insurance Fraud Prevention Authority. See Louisiana Revised Statutes 22:2131
- Board: means the board of directors of the Louisiana Automobile Theft and Insurance Fraud Prevention Authority. See Louisiana Revised Statutes 22:2131
- Fraud: Intentional deception resulting in injury to another.
- Motor vehicle: means every automobile or other motor vehicle which is self-propelled, other than trains and those propelled by electric power from overhead wires. See Louisiana Revised Statutes 22:2131
- Quorum: The number of legislators that must be present to do business.
A. There is hereby created a public agency to be known as the Louisiana Automobile Theft and Insurance Fraud Prevention Authority, the purpose of which is to combat all of the following, whether committed by or on behalf of a claimant, insured, or insurer:
(1) Motor vehicle insurance fraud, including fraud by theft and other criminal acts.
(2) Property insurance fraud.
(3) Workers’ compensation fraud.
(4) Health insurance and healthcare fraud.
(5) Other forms of fraud affecting the business of insurance.
B. The purposes, powers and duties of the authority shall be vested in and exercised by a board of directors.
C.(1) The board of directors shall consist of the commissioner of insurance or his designee, the state treasurer or his designee, a representative of the Louisiana State Police Insurance Fraud and Auto Theft unit, the chairman of the Senate Committee on Insurance or his designee, the chairman of the House Committee on Insurance or his designee, and six members to be appointed as follows:
(a) Four members shall be appointed by the commissioner, including one member representing purchasers of motor vehicle insurance in this state, one member representing motor vehicle insurers doing business in this state, one member representing insurance adjusters, and one member representing public insurance adjusters.
(b) Two members shall be appointed by the attorney general, both of whom shall represent law enforcement officials in this state.
(2) The commissioner shall serve as chairperson of the authority.
D. The members of the board of directors, except the commissioner of insurance or his designee, the state treasurer or his designee, the representative of the Louisiana State Police Insurance Fraud and Auto Theft unit, and the legislative members serving on the board, shall not be considered public employees by virtue of their service on the board of directors.
E. Members of the board shall serve without compensation for their service on the board, except that members of the board may receive reasonable reimbursement for necessary travel and expenses.
F. A majority of the members of the board shall constitute a quorum for the transaction of business at a meeting, or the exercise of a power or function of the authority. Notwithstanding any other law to the contrary, any action may be taken by the authority at a meeting upon a vote of the majority of the members present. The authority shall meet at the call of the chairperson or as may be provided in the bylaws of the authority. Meetings of the authority may be held anywhere within the state, and shall be open public meetings.
G.(1) The authority shall be within the Department of Insurance.
(2) The commissioner shall operate the daily affairs of the authority as specified in this Section and by the board.
(3) The attorney general or his designee shall serve as the authority’s legal counsel.
H. The authority shall be subject to the provisions of law regarding public records (La. Rev. Stat. 44:1 et seq.), open meetings (La. Rev. Stat. 42:11 et seq.), and public bid (La. Rev. Stat. 38:2211 et seq.).
Acts 2004, No. 711, §1; Redesignated from La. Rev. Stat. 22:3202 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 271, §1; Acts 2022, No. 159, §1, eff. May 25, 2022; Acts 2023, No. 341, §1.