Legislature(2017 - 2018)

2017-05-10 House Journal

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2017-05-10                     House Journal                      Page 1345
HB 195                                                                                                                        
The following, which was advanced to third reading from the May 5                                                               
calendar (page 1320), and held to today's calendar due to technical                                                             
session (page 1331), was read the third time:                                                                                   
                                                                                                                                
    HOUSE BILL NO. 195                                                                                                          
    "An Act relating to insurer actions based on credit history and                                                             
    insurance scores at insurance policy renewal; and providing for                                                             
    insurer consideration of consumer requests for exceptions of credit                                                         
    history or insurance scores."                                                                                               
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
HB 195 be returned to second reading for the specific purpose of                                                                
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered by Representatives Wool, LeDoux,                                                                    
Tuck, Gara, Kawasaki, and Drummond:                                                                                             
                                                                                                                                

2017-05-10                     House Journal                      Page 1346
Page 1, lines 1 - 3 (title amendment):                                                                                          
    Delete all material and insert:                                                                                             
""An Act prohibiting an insurer from using a consumer's credit                                                                
history in underwriting, rating, or determining premiums or                                                                   
eligibility for personal insurance.""                                                                                         
                                                                                                                                
Page 1, line 5, through page 10, line 9:                                                                                        
    Delete all material and insert:                                                                                             
   "* Section 1. AS 21.36.460 is repealed and reenacted to read:                                                              
         Sec. 21.36.460. Restriction on the use of consumer credit                                                            
    history. (a) An insurer may not use a consumer's credit history to                                                        
    underwrite, rate, or determine premiums or eligibility for personal                                                         
    insurance.                                                                                                                  
         (b)  The prohibition against using a consumer's credit history                                                         
    under this section may be waived by the consumer.                                                                           
         (c)  In this section,                                                                                                  
             (1)  "consumer" means an individual policyholder or an                                                             
    applicant for personal insurance;                                                                                           
             (2)  "credit history" means written, oral, or other                                                                
    communication of information by a consumer credit reporting                                                                 
    agency or other source relating to a consumer's creditworthiness,                                                           
    credit standing, or credit capacity;                                                                                        
             (3)  "personal insurance" means                                                                                    
                 (A)  private passenger automobile or motorcycle                                                                
         coverage;                                                                                                              
                 (B)  homeowner coverage, including mobile                                                                      
         homeowner's, manufactured homeowner's, condominium                                                                     
         owner's, and renter's coverage;                                                                                        
                 (C)  dwelling property coverage;                                                                               
                 (D)  earthquake coverage for a residence or personal                                                           
         property;                                                                                                              
                 (E)  personal liability and theft coverage;                                                                    
                 (F)  personal property inland marine coverage;                                                                 
                 (G)  personal boat, watercraft, snowmobile, and                                                                
         recreational vehicle coverage; and                                                                                     
                 (H)  umbrella insurance coverage.                                                                              
   * Sec. 2. AS 21.39.035 and AS 45.48.210(a)(11) are repealed."                                                              
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     

2017-05-10                     House Journal                      Page 1347
Representative Kito objected.                                                                                                   
                                                                                                                                
Amendment No. 1 to Amendment No. 1 was offered by                                                                               
Representative Wool:                                                                                                            
                                                                                                                                
Following "insurance.":                                                                                                         
    Delete "(b) The prohibition against using a consumer's credit                                                               
    history under this section may be waived by the consumer."                                                                  
                                                                                                                                
Reletter the following bill section accordingly.                                                                                
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
Amendment No. 1 to Amendment No. 1 be adopted.                                                                                  
                                                                                                                                
Representative Wilson objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 to Amendment No. 1                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
HB 195                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No. 1                                                                                              
                                                                                                                                
YEAS:  20   NAYS:  19   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fansler, Gara, Grenn,                                                                          
Guttenberg, Johnson, Josephson, Kawasaki, Kreiss-Tomkins, LeDoux,                                                               
Neuman, Ortiz, Parish, Spohnholz, Stutes, Tarr, Tuck, Wool                                                                      
                                                                                                                                
Nays:  Birch, Eastman, Foster, Johnston, Kito, Knopp, Kopp, Millett,                                                            
Pruitt, Rauscher, Reinbold, Saddler, Seaton, Sullivan-Leonard,                                                                  
Talerico, Thompson, Tilton, Westlake, Wilson                                                                                    
                                                                                                                                
Excused:  Chenault                                                                                                              
                                                                                                                                
And so, Amendment No. 1 to Amendment No. 1 was adopted.                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 1 as amended be                                                                       
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                
HB 195                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1 as amended                                                                                                      
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              

2017-05-10                     House Journal                      Page 1348
Yeas:  Claman, Drummond, Edgmon, Fansler, Gara, Guttenberg,                                                                     
Josephson, Kawasaki, Kreiss-Tomkins, LeDoux, Neuman, Ortiz,                                                                     
Parish, Spohnholz, Stutes, Tarr, Tuck, Wool                                                                                     
                                                                                                                                
Nays:  Birch, Eastman, Foster, Grenn, Johnson, Johnston, Kito,                                                                  
Knopp, Kopp, Millett, Pruitt, Rauscher, Reinbold, Saddler, Seaton,                                                              
Sullivan-Leonard, Talerico, Thompson, Tilton, Westlake, Wilson                                                                  
                                                                                                                                
Excused:  Chenault                                                                                                              
                                                                                                                                
And so, Amendment No. 1 as amended was not adopted.                                                                             
                                                                                                                                
HB 195 was automatically in third reading.                                                                                      
                                                                                                                                
The question being:  "Shall HB 195 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 195                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Eastman, Edgmon, Fansler, Foster,                                                               
Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki,                                                                
Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz,                                                              
Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes,                                                         
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake,                                                             
Wilson, Wool                                                                                                                    
                                                                                                                                
Excused:  Chenault                                                                                                              
                                                                                                                                
And so, HB 195 passed the House and was referred to the Chief Clerk                                                             
for engrossment.