Legislature(2001 - 2002)

05/10/2002 05:26 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                  HB 246-OMNIBUS INSURANCE BILL                                                                             
                                                                                                                                
REPRESENTATIVE  LISA  MURKOWSKI,   Chair  of  the  House  Labor  &                                                              
Commerce Committee,  sponsor of  HB 246, said  the majority  of HB
246 was  technical cleanup  language.  She  said there were  a few                                                              
policy provisions that she wanted to point out to the committee.                                                                
                                                                                                                                
REPRESENTATIVE MURKOWSKI  said the first policy  provision related                                                              
to multiple employer  welfare arrangements (MEWAs).   HB 246 would                                                              
establish  a more appropriate  regulatory  structure for  MEWAs in                                                              
regard  to appropriate  capital, surplus  reserving and  financial                                                              
reporting requirements.                                                                                                         
                                                                                                                                
She  said the  second  policy  provision would  establish  tighter                                                              
confidentiality of  records laws so that Alaska  would continue to                                                              
be   accredited  by   the   National  Association   of   Insurance                                                              
Commissioners.   She said there  were sharing agreements  to allow                                                              
the Division of Insurance (DOI) to obtain information.                                                                          
                                                                                                                                
She said  there would  also be  fees for  late payment of  premium                                                              
taxes.  She  said there was also  a provision that would  allow an                                                              
annual  fee to  operate as  a joint  insurance arrangement  (JIA).                                                              
She  said  there  was  probably  an  amendment  relating  to  that                                                              
provision.                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  asked if there were questions  for Representative                                                              
Murkowski.  There were none.                                                                                                    
                                                                                                                                
He moved  Amendment 1 to  delete Sec. 52  on page 20,  lines 12-22                                                              
and renumber the remaining sections  accordingly.  He said Sec. 52                                                              
added a new provision that would  charge a fee against the pooling                                                              
organizations created by the legislature  for school districts and                                                              
municipalities.   He  said those  were  not regulated  by DOI  and                                                              
there was no  reason for DOI to  charge them a fee.   He asked DOI                                                              
to provide testimony on Amendment 1.                                                                                            
                                                                                                                                
MR. BOB  LOHR, Director, DOI,  Department of Community  & Economic                                                              
Development, said  Sec. 52 addressed a very specific  situation in                                                              
which  a  JIA  complained  to  DOI  that  the  competing  JIA  was                                                              
operating unfairly by doing things  that weren't allowed under the                                                              
JIA  statutes.   He  said  that had  happened  approximately  four                                                              
times.  He said JIAs were not normally  subject to regulation.  He                                                              
said DOI  was being  asked to  be the  gatekeeper for  competitive                                                              
forays by each JIA into the territory  of the other by using Title                                                              
21 to  define the  boundary.  He  said those  JIAs should  pay the                                                              
actual  cost of  that regulation.   He  said DOI  was a  fee-based                                                              
agency and  other fee  payers were  paying those  costs.   DOI was                                                              
concerned that Sec.  52 had been drafted too broadly  and he had a                                                              
more narrowly crafted amendment to offer the committee.                                                                         
                                                                                                                                
CHAIRMAN TAYLOR  said it seemed like  the JIAs were  simply asking                                                              
DOI to do its job.                                                                                                              
                                                                                                                                
MR. LOHR  said DOI  was being  asked to  regulate the  competitive                                                              
playing field between  JIAs.  He said that was  beyond their scope                                                              
of regulation because they did not regulate JIAs.                                                                               
                                                                                                                                
CHAIRMAN  TAYLOR  said  DOI  didn't regulate  JIAs  but  they  did                                                              
regulate the  insurance business.   He said  if somebody  tried to                                                              
set  up  a  phony  insurance  corporation   and  they  received  a                                                              
complaint,  he assumed they  would enforce  the insurance  laws of                                                              
the state.                                                                                                                      
                                                                                                                                
MR. LOHR said that was correct.                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR thought Sec. 52 would  have a chilling effect upon                                                              
anyone wanting  to turn to DOI  for assistance and  enforcement of                                                              
the laws they were supposed to enforce.                                                                                         
                                                                                                                                
MR. LOHR said it wasn't designed  to have a chilling effect except                                                              
when one JIA wanted DOI to regulate the other's conduct.                                                                        
                                                                                                                                
CHAIRMAN TAYLOR said  that was DOI's purpose.  He  said that would                                                              
be like  going to the  police to  get a driver  to slow down  in a                                                              
neighborhood  and  being  charged  to  lodge the  complaint.    He                                                              
thought that  would have  a tremendous  chilling effect  on anyone                                                              
coming to DOI.  He said it would  be like charging a fee to file a                                                              
complaint.                                                                                                                      
                                                                                                                                
MR. LOHR said DOI didn't object to Amendment 1.                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR asked  if  there was  any  further discussion  on                                                              
Amendment  1.    There was  none.    He  asked if  there  was  any                                                              
objection to Amendment 1.                                                                                                       
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CHAIRMAN TAYLOR asked Mr. Kirk Wickersham to provide testimony.                                                                 
                                                                                                                                
MR.  KIRK WICKERSHAM  said  he  was a  lawyer  and  a real  estate                                                              
broker.   He said he was  also the owner  of a small  title agency                                                              
called Attorneys Title  Guaranty.  He offered an  amendment to the                                                              
committee.  He said  the amendment was the result  of a variety of                                                              
actions related to Attorneys Title Guaranty.                                                                                    
                                                                                                                                
He said the legislature  adopted a bundle of laws  governing title                                                              
insurance in 1974.  He said AS 21.66.170  required title companies                                                              
to  prepare  a  title report  before  issuing  a  title  insurance                                                              
policy.   He  said  AS 21.66.200  and  AS 21.66.210  provided  two                                                              
methods by which to do that.  He  said AS 21.66.200 required title                                                              
companies to  have a  title plant  consisting of approximately  25                                                              
years  of  public  records;  that would  equal  about  11  million                                                              
documents in  Anchorage.  He  said AS 21.66.210  allowed companies                                                              
to join  together to  form a  joint title  insurance company  that                                                              
would be allowed to use the public records.                                                                                     
                                                                                                                                
MR.   WICKERSHAM   said   Attorneys  Title   Guaranty   and   it's                                                              
underwriter,  Old  Republic,  formed  a joint  title  company  the                                                              
previous  summer,  applied  for  and  obtained  a  certificate  of                                                              
authority from DOI  and started selling title  insurance and doing                                                              
title searches using the public records.   He said complaints from                                                              
other  title  companies  resulted  in  a  lawsuit  that  had  been                                                              
dismissed,  a license  action that  was still  pending and  a bill                                                              
that  would clarify  the  law in  the  opposite  direction of  his                                                              
proposal.                                                                                                                       
                                                                                                                                
He  said  his   amendment  would  grandfather  Old   Republic  and                                                              
Attorneys  Title  Guaranty  to  allow  them  to  continue  in  the                                                              
business.    He said  it  would  foster  more competition  in  the                                                              
industry.    His  company  was able  to  offer  price  competition                                                              
because  they didn't  have to  build and  maintain a  copy of  the                                                              
public records.                                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR asked  how other companies  could participate  in                                                              
the field if the amendment was adopted.                                                                                         
                                                                                                                                
MR.  WICKERSHAM said  they  could join  the  joint title  company,                                                              
which he was  open to.  He said  he was advised not  to propose an                                                              
overall policy  change, which was  why he presented  a grandfather                                                              
amendment.   He believed every skilled  title examiner could  do a                                                              
title search from the public records.                                                                                           
                                                                                                                                
CHAIRMAN   TAYLOR  asked   if  the   other   companies  would   be                                                              
grandfathered in.                                                                                                               
                                                                                                                                
MR. WICKERSHAM  said they  would because they  could either  be or                                                              
become a participant in or an owner of a joint title company.                                                                   
                                                                                                                                
CHAIRMAN TAYLOR asked if his joint  title company was the only one                                                              
that new companies could join.                                                                                                  
                                                                                                                                
MR. WICKERSHAM said  that was a problem and that  was why they had                                                              
to create their own joint title company.   He said there were only                                                              
two joint  title companies, theirs and  the one owned by  three of                                                              
the four other title insurance companies in Anchorage                                                                           
                                                                                                                                
CHAIRMAN TAYLOR said grandfathering  his joint title company would                                                              
put him  in a select  group that had  built their plants  over the                                                              
years.   He said  there wouldn't  really be  another option  for a                                                              
competing company  to form  and create a  title plant in  the same                                                              
manner that he did.                                                                                                             
                                                                                                                                
MR. WICKERSHAM  said that  would be the  effect of the  amendment.                                                              
He said he could  also suggest a very simple  amendment that would                                                              
allow  any two  title companies  to join  and form  a joint  title                                                              
plant.                                                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR asked what that would be.                                                                                       
                                                                                                                                
MR.  WICKERSHAM  said  the  first   sentence  of  AS  21.66.210(a)                                                              
provided that  two or  more title  insurance companies  or limited                                                              
producers could  join together to  form a joint title  company for                                                              
the purposes  of producing  title  searches.   He said the  second                                                              
sentence  provided that  a title  insurance company  or a  limited                                                              
producer  that belonged  to a  joint title  company that  complied                                                              
with AS  21.66.210 was in  compliance with  the section.   He said                                                              
the  amendment   would  simply  include   AS  21.66.200   in  that                                                              
compliance.   He said  that would  end the  controversy and  allow                                                              
anybody  to form  a  joint title  company.   It  would also  bring                                                              
Alaska into  conformance with  39 other states  that did  not have                                                              
title plant requirements.                                                                                                       
                                                                                                                                
CHAIRMAN TAYLOR  asked Mr.  Wickersham to work  with Mr.  Lohr and                                                              
Representative Murkowski to work  out that amendment and come back                                                              
to the committee.  He asked if the  committee had any objection to                                                              
Mr. Wickersham's  approach.   He  said he would  rather provide  a                                                              
more generic  solution than  try to pass  an amendment  that would                                                              
only take care of one operator and  wouldn't provide opportunities                                                              
in the future for expansion in the field.                                                                                       
                                                                                                                                
SENATOR ELLIS  asked if the new  amendment would make the  one Mr.                                                              
Wickersham passed out unnecessary.                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR said it would.                                                                                                  
                                                                                                                                
MR. LOHR  said there was an  adjudicatory matter pending  in front                                                              
of DOI  in which Mr.  Wickersham's company  was appealing  a cease                                                              
and desist  order.   He would be  the ultimate decision-maker  for                                                              
that matter.   He  said he  needed to  maintain distance  from the                                                              
issue and could not work with Mr. Wickersham on the amendment.                                                                  
                                                                                                                                
CHAIRMAN  TAYLOR  said that  was  appropriate and  apologized  for                                                              
making the  request.  He hoped  that Mr. Lohr's decision  would be                                                              
easier to make if they passed the amendment.                                                                                    
                                                                                                                                
MR. WICKERSHAM  said the  cease and desist  order was  not against                                                              
his company; it was against the underwriter.                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR said  he understood  that.   He  asked Mr.  Jerry                                                              
Reinwand to provide testimony.                                                                                                  
                                                                                                                                
MR.  JERRY REINWAND,  Blue Cross/Blue  Shield of  Alaska, said  he                                                              
wanted to  present two technical  amendments that had  been worked                                                              
out  between  Blue  Cross/Blue  Shield  and  DOI.    He  said  the                                                              
committee should have those amendments  in their packets.  He said                                                              
the first amendment dealt with AS 21.42.365(b).                                                                                 
                                                                                                                                
MR. LOHR  said the  proposed amendment  related  to the timing  of                                                              
adjusting the cost inflation factor  for the statutorily described                                                              
benefits  for   alcoholism  and  drug  abuse   treatment  services                                                              
provided  under insurance  plans.    He said  it  would avoid  the                                                              
problem of  having to amend policies  already in place  to include                                                              
the increases.   He said policies  starting after the date  of the                                                              
inflation  adjustment  by DOI  would  be affected.    He said  DOI                                                              
supported the amendment.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR asked if it would  make regulation easier for DOI.                                                              
                                                                                                                                
MR. LOHR said it would.                                                                                                         
                                                                                                                                
MR. REINWAND  said the second amendment  dealt with an  error that                                                              
was made  in Blue Cross/Blue Shield's  favor and would  change the                                                              
law back to  the way it was intended  to be.  He said  they worked                                                              
with  Representative Pete  Kott on  a  bill regarding  retaliatory                                                              
taxes several years  ago.  He said they asked for  some relief for                                                              
the  public  entities  covered  by  Blue  Cross/Blue  Shield  that                                                              
shouldn't  be charged  retaliatory  taxes.   He said  there was  a                                                              
mistake  made in  the drafting  of that  amendment at  the end  of                                                              
session that  expanded what  was intended.   He said  the proposed                                                              
amendment would  narrow that  provision back to  the intent.   The                                                              
existing  law  could  be  interpreted  in such  a  way  that  Blue                                                              
Cross/Blue Shield didn't have to pay retaliatory taxes.                                                                         
                                                                                                                                
MR.  LOHR said  Blue  Cross/Blue  Shield  had acted  honorably  in                                                              
accord with the original intent.                                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR  asked  if  Mr.  Lohr  recommended  the  proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
MR. LOHR said yes.                                                                                                              
                                                                                                                                
CHAIRMAN  TAYLOR  said  the  first  proposed  amendment  would  be                                                              
Amendment 2 and  the second proposed amendment  would be Amendment                                                              
3.                                                                                                                              
                                                                                                                                
MR. REINWAND said Blue Cross/Blue  Shield and DOI were involved in                                                              
a  lawsuit  and the  proposed  amendments  would not  affect  that                                                              
lawsuit in any way.                                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked if Mr. Lohr agreed.                                                                                       
                                                                                                                                
MR. LOHR said he did.                                                                                                           
                                                                                                                                
SENATOR ELLIS moved Amendment 2 to  replace "January 1, 1999" with                                                              
"July 1, 2004" on page 14, lines  30-31 and add to page 15, line 4                                                              
the  language,  "The  adjusted benefits  shall  be  applicable  to                                                              
coverage issued or  renewed on or after January 1  of the calendar                                                              
year following the July 1 adjustment by the Director."                                                                          
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
SENATOR ELLIS  moved Amendment 3  to replace the language  on page                                                              
7, lines 19-23 with the following language:                                                                                     
                                                                                                                                
     (f) For  purposes of the  application of subsection  (a)                                                                   
     of this section,  a health care insurer may  not include                                                                   
     taxes,  assessments,  or other  similar  obligations  on                                                                   
     health care insurance premiums  received from the state,                                                                   
     a municipality,  a  city or borough  school district,  a                                                                   
     regional educational attendance  area, the University of                                                                   
     Alaska,   or  a  community   college  operated   by  the                                                                   
     University of  Alaska.  For purposes of  this paragraph,                                                                   
     "health  care  insurer"  has  the meaning  given  in  AS                                                                   
     21.54.500.                                                                                                                 
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
SENATOR ELLIS moved Amendment 4 to  amend AS 21.66.210(a) to read:                                                              
                                                                                                                                
     (a)  Two or  more title  insurance companies  or two  or                                                                   
     more   title   insurance   limited   producers,   or   a                                                                   
     combination  of  title  insurance  companies  and  title                                                                   
     insurance limited  producers, may apply to  the director                                                                   
     of  insurance to  form an  association, corporation,  or                                                                   
     other legal entity,  for the purpose of engaging  in the                                                                   
     business of  preparing abstracts of title  searches from                                                                   
     public  records  or from  records  to  be owned  by  the                                                                   
     entity,  upon  the  basis of  which  a  title  insurance                                                                   
     limited  producer  or  a title  insurance  company  will                                                                   
     issue title  policies.  The  owners or participants  are                                                                   
     considered  to be in compliance  with the provisions  of                                                                   
     this section and AS 21.66.200  if the title plant of the                                                               
     association,   corporation,   or  other   legal   entity                                                                   
     complies  with  the provisions  of  this section.    The                                                                   
     application must contain                                                                                                   
      (1) a  copy of the  proposed articles of  incorporation                                                                   
     or  association and  the bylaws  or agreement  governing                                                                   
     the operation of the entity;                                                                                               
      (2) a list of the owners or participants;                                                                                 
      (3) the  names and  addresses of  the persons who  will                                                                   
     operate  the   entity,  with  a  description   of  their                                                                   
     experience and qualifications;                                                                                             
      (4)   the   conditions   under   which   ownership   or                                                                   
     participation in the entity may be sold or acquired;                                                                       
      (5)  a statement  of whether or  not title  information                                                                   
     will be compiled  and sold to persons other  than owners                                                                   
     of or participants in the entity;                                                                                          
      (6)  a pro  forma  balance  sheet and  other  financial                                                                   
     information  to indicate  the  sufficiency of  financing                                                                   
     the entity.                                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR asked Mr. Wickersham to explain Amendment 4.                                                                    
                                                                                                                                
MR. WICKERSHAM  said Amendment  4 would  resolve the situation  he                                                              
previously  described.   He  said AS  21.66.200  required a  title                                                              
company  to  own a  title  plant  while  AS 21.66.210  gave  title                                                              
companies  the option  of joining  with another  title company  to                                                              
form a  joint title company  to use public  records.  He  said the                                                              
Attorney General and  DOI had taken the position  that even if the                                                              
public records were used, a title  company was not exempt from the                                                              
provisions  of AS  21.66.200.   Therefore,  these companies  would                                                              
still  have  to make  a  copy of  the  public  records.   He  said                                                              
Amendment  4  would  allow  any two  title  companies  or  limited                                                              
producers,  or any combination  thereof, to  form their  own joint                                                              
title company and use public records  and be in compliance with AS                                                              
21.66.200.                                                                                                                      
                                                                                                                                
He thought this  was good law and good public policy.   He said it                                                              
would bring price  competition to the field and would  be good for                                                              
the consumers of Alaska.                                                                                                        
                                                                                                                                
6:55 p.m.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI  stated for  the record that  Amendment 4                                                              
would be a significant public policy  change.  She said Alaska was                                                              
a title  plant state  and Amendment  4 would  make it a  non-title                                                              
plant state.   She  said the  discussion was  very similar  to the                                                              
discussion before the House Labor  & Commerce Committee.  She said                                                              
being  a   non-title  plant  state   would  open  Alaska   up  for                                                              
competition and hopefully there would be some price reductions.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR appreciated the background  she provided.  He knew                                                              
she had worked on  the issue in the past and was  sure that it was                                                              
a  controversial  issue.    He asked  if  there  was  any  further                                                              
discussion on Amendment 4.                                                                                                      
                                                                                                                                
SENATOR  ELLIS  was  even  more  excited  to  be  the  sponsor  of                                                              
Amendment  4 after hearing  what Representative  Murkowski  had to                                                              
say.  He looked forward to the committee's support.                                                                             
                                                                                                                                
CHAIRMAN TAYLOR  said Amendment  4 had his  support.   He withdrew                                                              
his objection to Amendment 4.                                                                                                   
                                                                                                                                
There being no objection, Amendment 4 was adopted.                                                                              
                                                                                                                                
SENATOR  COWDERY moved  SCS CSHB  246(JUD) out  of committee  with                                                              
attached zero fiscal note and individual recommendations.                                                                       
                                                                                                                                
There  being  no  objection,  SCS   CSHB  246(JUD)  moved  out  of                                                              
committee   with  attached   zero  fiscal   note  and   individual                                                              
recommendations.                                                                                                                

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