Legislature(2017 - 2018)

2018-03-01 Senate Journal

Full Journal pdf

2018-03-01                     Senate Journal                      Page 2157
HB 195                                                                                                                        
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" was read the third                                                            
time.                                                                                                                           
                                                                                                                                
Senator Wielechowski moved the bill be returned to second reading                                                               
for the purpose of two specific amendments, Amendment No. 1 and                                                                 
Amendment No. 2.  Without objection, the bill was returned to second                                                            
reading.                                                                                                                        
                                                                                                                                
Senator Wielechowski offered Amendment No. 1:                                                                                   
                                                                                                                                
Page 1, lines 1 - 3:                                                                                                            
     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)  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                                                                    

2018-03-01                     Senate Journal                      Page 2158
          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."                                                              
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HB 195                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Kelly, Olson, Wielechowski                                                                        
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, MacKinnon, Meyer,                                                                    
Micciche, Shower, Stedman, Stevens, von Imhof, Wilson                                                                           
                                                                                                                                
Excused:  Hoffman, Hughes                                                                                                       
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 2:                                                                                   
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to premium increases on personal automobile                                                             
insurance policies;"                                                                                                          
                                                                                                                                
Page 1, following line 4:                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Section 1. AS 21.36.305 is amended by adding a new subsection                                                           
to read:                                                                                                                        
          (f) An insurer may not increase the premium or add a                                                                  
     surcharge to a personal automobile insurance policy because the                                                            

2018-03-01                     Senate Journal                      Page 2159
     insured was involved in a motor vehicle collision if the insured                                                           
     was not at fault."                                                                                                         
                                                                                                                                
Page 1, line 5:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
Senator Costello rose to a point of order. President Kelly cautioned                                                            
members to proceed in order.                                                                                                    
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HB 195                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Egan, Gardner, Stedman, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
Nays:  Coghill, Costello, Giessel, Kelly, MacKinnon, Meyer,                                                                     
Micciche, Olson, Shower, Stevens, von Imhof                                                                                     
                                                                                                                                
Excused:  Hoffman, Hughes                                                                                                       
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
HOUSE BILL NO. 195 was automatically in third reading.                                                                          
                                                                                                                                
The question being: "Shall 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"                                                         
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
HB 195                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                

2018-03-01                     Senate Journal                      Page 2160
YEAS:  13   NAYS:  4   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Costello, Giessel, Kelly, MacKinnon, Meyer,                                                             
Micciche, Olson, Shower, Stedman, von Imhof, Wilson                                                                             
                                                                                                                                
Nays:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Excused:  Hoffman, Hughes, Stevens                                                                                              
                                                                                                                                
and so, HOUSE BILL NO. 195 passed the Senate, was signed by the                                                                 
President and Secretary and returned to the House.