Legislature(1997 - 1998)

1997-04-28 Senate Journal

Full Journal pdf

1997-04-28                     Senate Journal                      Page 1516
SB 104                                                                       
SENATE BILL NO. 104 An Act relating to regulation and                          
examination of insurers and insurance agents; relating to kinds of             
insurance; relating to payment of insurance taxes and to required              
insurance reserves; relating to insurance policies; relating to                
regulation of capital, surplus, and investments by insurers; relating          
to hospital and medical service corporations; and providing for an             
effective date was read the second time.                                       
                                                                               
                                                                               

1997-04-28                     Senate Journal                      Page 1517
SB 104                                                                       
Senator Sharp moved and asked unanimous consent for the adoption               
of the Finance Committee Substitute offered on page 1473.  Without             
objection, CS FOR SENATE BILL NO. 104(FIN)An Act relating                      
to regulation and examination of insurers and insurance agents;                
relating to kinds of insurance; relating to payment of insurance taxes         
and to required insurance reserves; relating to insurance policies;            
relating to regulation of capital, surplus, and investments by insurers;       
relating to hospital and medical service corporations; relating to the         
portability and availability of health care insurance; making                  
amendments to the insurance statutes to conform to federal                     
requirements regarding health insurance; relating to the repeal of             
certain small employer health care insurance provisions; repealing             
delayed provisions relating to dental, vision, and hearing insurance           
in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions              
relating to small employer health care insurance in secs. 4, 7, 9, and         
12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5,          
ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing             
for an effective date was adopted and read the second time.                    
                                                                               
Senator Donley offered Amendment No. 1 :                                        
                                                                               
Page 2, line 4:                                                                
	Delete "110 - 116"                                                            
	Insert "111 - 117"                                                            
                                                                               
Page 73, following line 6:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 109.  AS 21.89.020(f) is amended to read:                         
	(f)  An automobile liability insurance policy must provide                    
		(1)  that all expenses and fees, not including counsel                       
fees or adjuster fees, incurred because of arbitration or mediation            
shall be paid as determined by the arbitrator;                                 
		(2) liability coverage in the amount set out in AS                           
28.22.101(d) for motor vehicles rented in the United States or                 
Canada by a person insured under the policy;                                   
		(3)  physical damage coverage for motor vehicles                             
rented in the United States or Canada, if the policy provides physical         
damage coverage; if the insured declines physical damage coverage,         
the insurer shall offer physical damage coverage for rented vehicles;        

1997-04-28                     Senate Journal                      Page 1518
SB 104                                                                       
		(4)  that payments from applicable coverage                                
provided under (2) and (3) of this subsection will be made in the              
following order of priority:                                                   
		(A)  from a policy or coverage purchased                                    
by the operator from the person who has the vehicle                            
available for rent;                                                            
		(B)  from a policy or coverage covering                                     
the operator of a rented vehicle but not purchased from                        
the person who has the vehicle available for rent; and                         
		(C)  from a policy or coverage of the                                       
person who has the vehicle available for rent."                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 74, line 9:                                                               
	Delete "secs. 116, 117, and 119"                                              
	Insert "secs.  117, 118, and 120"                                             
                                                                               
Page 74, line 11:                                                              
	Delete "Section 113"                                                          
	Insert "Section 114"                                                         
                                                                               
Senator Donley moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
allowed to withdraw Amendment No. 1.  Without objection,                       
Amendment No. 1 was withdrawn.                                                 
                                                                               
Senator Donley offered Amendment No. 2 :                                        
                                                                               
Page 1, line 1, following "agents;":                                         
	Insert "relating to payment of covered loss claims;"                        
                                                                               
Page 2, lines 3 - 4:                                                           
	Delete "43 - 57, 59 - 90, 99 - 102, 108, and 110 - 116"                       
	Insert "44 - 58, 60 - 91, 100 - 103, 109, and 111 - 117"                      
                                                                               
                                                                               

1997-04-28                     Senate Journal                      Page 1519
SB 104                                                                       
Page 24, following line 12:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 43.  AS21.42  is amended by adding a new section to               
read:                                                                          
	Sec. 21.42.305.  Required payment of loss claim; civil                       
penalty.  An insurer shall make a covered loss payment within 90              
days after the date the insurer determines that an insured has a               
covered loss under an insurance policy.  After the insurer makes               
payment required under this section, if the insured obtains judgment           
for damages resulting from the covered loss and the judgment is at             
least 10 percent greater than the covered loss payment made by the             
insurer, the insurer shall also pay a civil penalty equal to the               
difference between reasonable actual attorney fees and actual costs            
incurred by the insured in obtaining the judgment and the attorney             
fees and costs received by the insured under the Alaska Rules of               
Civil Procedure."                                                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 74, line 4:                                                               
	Delete "sec. 59"                                                              
	Insert "sec. 60"                                                              
                                                                               
Page 74, line 7:                                                               
	Delete "sec. 59"                                                              
	Insert "sec. 60"                                                              
                                                                               
Page 74, line 8:                                                               
	Delete "sec. 91"                                                              
	Insert "sec. 92"                                                              
                                                                               
Page 74, line 9:                                                               
	Delete "secs. 116, 117, and 119"                                              
	Insert "secs. 117, 118, and 120"                                              
                                                                               
Page 74, line 11:                                                              
	Delete "sec. 113"                                                             
	Insert "sec. 114"                                                             
                                                                               

1997-04-28                     Senate Journal                      Page 1520
SB 104                                                                        
Senator Donley moved for the adoption of Amendment No. 2.                     
Objections were heard.                                                         
                                                                               
Senator Green moved and asked unanimous consent that she be                    
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard and Senator Green was required to vote.                  
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 104(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Miller, Taylor,                  
Wilken                                                                         
                                                                               
Nays:  Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce,                  
Phillips, Sharp, Torgerson, Ward                                               
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3 :                                        
                                                                               
Page 2, line 4:                                                                
	Delete "111 - 117, and 120"                                                   
	Insert "111, 112, 114 - 118, and 121"                                         
                                                                               
Page 74, following line 22:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 113.  AS 28.20.440 is amended by adding a new                     
subsection to read:                                                            
	(l)  Notwithstanding any other provisions of law, a person                    
who resides in the same household as the person named as insured               
or a person who is a relative of the person named as insured shall             
be excluded from coverage under a motor vehicle liability policy if            
the person named as insured requests that that person be excluded              
from coverage."                                                                

1997-04-28                     Senate Journal                      Page 1521
SB 104                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 74, line 30:                                                              
	Delete "117, 118, and 120"                                                    
	Insert "118, 119, and 121"                                                    
                                                                               
Page 75, line 1:                                                               
	Delete "Section 114"                                                          
	Insert "Section 115"                                                          
                                                                               
Senator Duncan moved for the adoption of Amendment No. 3.                      
Objections were heard.                                                         
                                                                               
Senators Halford, Leman, Green moved and asked unanimous consent               
that they be allowed to abstain from voting due to conflicts of                
interest.  Objections were heard, and Senators Halford, Leman, Green           
were required to vote.                                                         
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 104(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Halford, Hoffman, Kelly,                  
Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor,               
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Green                                                                   
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
Senator Donley offered Amendment No. 4 :                                        
                                                                               
                                                                               

1997-04-28                     Senate Journal                      Page 1522
SB 104                                                                       
Page 1, line 8, following "provisions;":                                     
	Insert "requiring that uninsured and underinsured motor                      
vehicle insurance apply to claims of an insured even if other                  
policy limits are not exhausted;"                                             
                                                                               
Page 2, line 4:                                                                
	Delete "and 110 - 116"                                                        
	Insert "110, 111, and 113 - 117"                                              
                                                                               
Page 74, following line 1:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 112.  AS 28.22.201(a) is amended to read:                         
	(a)  The uninsured and underinsured motorists coverage                        
required under this chapter                                                    
		(1)  applies ªDOES NOT APPLYß to bodily injury,                          
sickness, disease, or death of an insured or damage to or destruction          
of property of an insured even if ªUNTILß the limits of liability          
bonds and policies that apply have not been used up by payments            
or judgments or settlements; however, the insurer shall, in each             
instance, receive a credit against the insured's total damages for             
amounts actually received by the insured for covered claims from               
other sources, including liability bonds, other insurance policies,            
judgments, or settlements;                                                   
		(2)  must be a single combined coverage; and                                 
		(3)  may be rejected by the insured in writing; if the                       
insured has rejected uninsured or underinsured coverage, the coverage          
may not be included in a supplemental, renewal, or replacement             
policy unless the insured subsequently requests uninsured or                   
underinsured coverage in writing."                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 74, line 3:                                                               
	Delete "and AS 21.81"                                                         
	Insert "AS 21.81; AS 28.20.445(c), 28.20.445(h); AS                           
28.22.211; and AS28.40.100(a)(22)"                                             
                                                                               
Page 74, line 9:                                                               
	Delete "secs. 116, 117, and 119"                                              
	Insert "secs. 117, 118, and 120"                                              

1997-04-28                     Senate Journal                      Page 1523
SB 104                                                                       
Page 74, line 11:                                                              
	Delete "Section 113"                                                          
	Insert "Section 114"                                                          
                                                                               
Senator Donley moved for the adoption of Amendment No. 4.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 104(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Halford, Hoffman, Kelly,                  
Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor,               
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Green                                                                   
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 4 was adopted.                                           
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
CS FOR SENATE BILL NO. 104(FIN) am was read the third time.                    
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 104(FIN)                      
am An Act relating to regulation and examination of insurers and               
insurance agents; relating to kinds of insurance; relating to payment          
of insurance taxes and to required insurance reserves; relating to             
insurance policies; relating to regulation of capital, surplus, and            
investments by insurers; relating to hospital and medical service              
corporations; relating to the portability and availability of health care      
insurance; making amendments to the insurance statutes to conform              
to  federal  requirements  regarding  health insurance; relating to the        

1997-04-28                     Senate Journal                      Page 1524
SB 104                                                                       
repeal of certain small employer health care insurance provisions;             
requiring that uninsured and underinsured motor vehicle insurance              
apply to claims of an insured even if other policy limits are not              
exhausted; repealing delayed provisions relating to dental, vision, and        
hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing               
delayed provisions relating to small employer health care insurance            
in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed              
effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39,           
SLA 1993; and providing for an effective date pass the Senate?                 
The roll was taken with the following result:                                  
                                                                               
CSSB 104(FIN) am                                                               
Third Reading - Final Passage                                                  
Effective Date(s)                                                              
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman,                    
Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson,           
Ward, Wilken                                                                   
                                                                               
Nays:  Green, Halford                                                          
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, CS FOR SENATE BILL NO. 104(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clauses.  Without objection, it was so ordered.                                
                                                                               
Senator Kelly gave notice of reconsideration.