Legislature(1995 - 1996)

1995-05-08 House Journal

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1995-05-08                     House Journal                      Page 1978
SB 53                                                                        
The following, which had been held in second reading until today's             
calendar (page 1954), was again before the House:                              
                                                                               
CS FOR SENATE BILL NO. 53(JUD)                                                
"An Act relating to regulation of risk retention or purchasing                
groups; to preemption of the regulation of insurance agents and                
insurance producers; to the general powers of the director of the              
division of insurance; to insurance examination hearings; to insurer           
certificates of authority; to annual and quarterly statements, taxes,          
and prohibited acts of insurers; to reinsurance credit allowed a               
domestic insurer; to risk based capital for insurers; to insurer assets        
and liabilities; to insurer investments; to insurance holding                  
companies; to regulation, licensing, examination, and trade                    
practices of insurance producers, managing general agents,                     
third-party administrators, brokers, independent adjusters, and                
reinsurance intermediary managers; to surplus lines insurance; to              
criminal insurance acts; to premium increases in automobile                    
insurance; to insurance rating; to assigned risk pools; to filing and          
approval of certain insurance policy forms; to required insurance              
                                                                               

1995-05-08                     House Journal                      Page 1979
SB 53                                                                        
coverage for acupuncture, nurse midwives' services,                           
mammography, and phenylketonuria; to health insurance provided                 
by small employers; to transfer of an insurer's status as a domestic           
insurer; to quarterly statements of benevolent associations, fraternal         
benefit societies, and health maintenance organizations; to                    
reciprocal insurers; to the definition of 'member insurer' for                 
purposes of the Alaska Life and Disability Insurance Guaranty                  
Association; to electronic insurance data transfer and insurance               
funds transfer; to the definitions of 'managing general agent' and             
'person' applicable to insurance law; to automobile assigned risk              
plans; placing a person employed by the division of insurance as               
an actuary or assistant actuary into the exempt service; amending              
Alaska Rule of Civil Procedure 45; and providing for an effective              
date."                                                                         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C)                                   
"An Act relating to consumer credit insurance; to regulation of risk          
retention or purchasing groups; to preemption of the regulation of             
insurance agents and insurance producers; to the general powers                
of the director of the division of insurance; to insurance                     
examination hearings; to insurer certificates of authority; to annual          
and quarterly statements, taxes, and prohibited acts of insurers; to           
reinsurance credit allowed a domestic insurer; to risk based capital           
for insurers; to insurer assets and liabilities; to insurer investments;       
to insurance holding companies; to regulation, licensing,                      
examination, and trade practices of insurance producers, managing              
general agents, third-party administrators, brokers, independent               
adjusters, and reinsurance intermediary managers; to surplus lines             
insurance; to criminal insurance acts; to premium increases in                 
automobile insurance; to insurance rating; to assigned risk pools;             
to filing and approval of certain insurance policy forms; to                   
required insurance coverage for acupuncture, nurse midwives'                   
services, mammography, and phenylketonuria; to health insurance                
provided by small employers; to transfer of an insurer's status as             
a domestic insurer; to quarterly statements of benevolent                      
associations, fraternal benefit societies, and health maintenance              
organizations; to reciprocal insurers; to the definition of 'member            
                                                                               

1995-05-08                     House Journal                      Page 1980
SB 53                                                                        
insurer' for purposes of the Alaska Life and Disability Insurance             
Guaranty Association; to electronic insurance data transfer and                
insurance funds transfer; to the definitions of 'managing general              
agent' and 'person' applicable to insurance law; to automobile                 
assigned risk plans; requiring that insurers appoint independent               
counsel for an insured when certain conflicts of interest arise;               
placing a person employed by the division of insurance as an                   
actuary or assistant actuary into the exempt service; amending                 
Alaska Rule of Civil Procedure 45; and providing for an effective              
date."                                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
**The presence of Representatives Grussendorf and Hanley was noted.            
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
HCSCSSB53(L&C) be considered engrossed, advanced to third                      
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
The Speaker stated that, without objection, the House would waive              
reading the title of HCS CSSB 53(L&C) for the third time.                      
                                                                               
                                                                               
A Title Amendment was offered by Representative Kott:                          
                                                                               
Page 1, line 1 through page 2, line 13:                                        
Delete all material.                                                          
Insert "An Act relating to insurance; amending Alaska Rule of                
Civil Procedure 45; and providing for an effective date."                     
                                                                               
Representative Kott moved and asked unanimous consent that the Title           
Amendment be adopted.                                                          
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall the Title Amendment be adopted?"  The              
roll was taken with the following result:                                      
                                                                               

1995-05-08                     House Journal                      Page 1981
SB 53                                                                        
                                                                               
HCS CSSB 53(L&C)                                                               
Third Reading                                                                  
Title Amendment                                                                
                                                                               
YEAS:  34   NAYS:  3   EXCUSED:  0   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Brown, Bunde, B.Davis, G.Davis, Elton, Foster,               
Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina,                 
Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan,                 
Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault,            
Toohey, Vezey, Williams, Willis                                                
                                                                               
Nays:  Brice, Davies, Finkelstein                                              
                                                                               
Absent:  Barnes, Hanley, MacLean                                               
                                                                               
And so, the Title Amendment was adopted and the Chief Clerk was                
instructed to read the new title as follows:                                   
                                                                               
HOUSE  CS FOR  CS FOR  SENATE BILL NO. 53(L&C)(title                          
am H)                                                                          
"An Act relating to insurance; amending Alaska Rule of Civil                  
Procedure 45; and providing for an effective date."                            
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
Representative Davies moved and asked unanimous consent that HCS               
CSSB 53(L&C)(title am H) be returned to second reading for the                 
specific purpose of considering Amendment No. 2.                               
                                                                               
                                                                               
Representative MacLean objected and withdrew the objection.  There             
being no further objection, it was so ordered.                                 
                                                                               
Amendment No. 2 was offered by Representatives Davies and Kott:                
                                                                               
Page 68, line 27:                                                              
Delete "subject"                                                              
Insert "general subject area"                                                 
                                                                               

1995-05-08                     House Journal                      Page 1982
SB 53                                                                        
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question being:  "Shall HCSCSSB53(L&C) am H pass the                       
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 53(L&C) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,               
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek,                  
Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,          
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Absent:  Barnes, Moses, Nicholia, Sanders                                      
                                                                               
And so, HCS CSSB 53(L&C) am H passed the House.                                
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
roll call on the passage of the bill be considered the roll call on the        
effective date clauses.  There being no objection, it was so ordered.          
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
roll call on the passage of the bill be considered the roll call on the        
court rule change.                                                             
                                                                               
                                                                               
Representative Davies objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
HCS CSSB 53(L&C) am H.