Legislature(1999 - 2000)

03/23/1999 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SB 87-RENTAL CAR INSURANCE                                                                                   
                                                                                                                                
CHAIRMAN MACKIE announced SB 87 to be up for consideration.                                                                     
                                                                                                                                
MR. CHARLIE MILLER, Republic Industries, said they, along with                                                                  
Hertz Rent-a-Car, asked for this bill to clarify existing code that                                                             
sellers of insurance incidental to rental car transactions will be                                                              
placed in the statute that requires unlimited licensure.  Other                                                                 
groups that belong are the fraternal benefit society and bail                                                                   
bondsmen and several other products that are not considered                                                                     
traditional insurance products.  This will clarify the jurisdiction                                                             
of the Division of Insurance in terms of oversight, market conduct,                                                             
records, retention, reporting, and all the aspects that are                                                                     
currently in statute.  This would clarify for the industry their                                                                
responsibilities and the Division's authority in regards to                                                                     
consumer issues and complaints.                                                                                                 
                                                                                                                                
MR. MILLER said neither industry nor the Division could see                                                                     
problems with this bill.                                                                                                        
                                                                                                                                
SENATOR KELLY moved to adopt the committee substitute to SB 87,                                                                 
version E3/17/99Ford.  There were no objections and it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
MR. JOHN FERENCE, Deputy Director, Division of Insurance, said that                                                             
generally their license laws are focused on practitioners who are                                                               
involved in a variety of insurance activities with a substantial                                                                
amount of economic activity.  That standard of licensure is                                                                     
difficult for organizations such as rental car agencies which                                                                   
typically have a limited scope of insurance sales and are                                                                       
incidental parts of what the personnel do for a living. He                                                                      
supported SB 87 in its goal to make licensing more efficient for                                                                
rental car agencies and the license process more appropriate to                                                                 
their business conditions.                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE asked if he knew of any controversy over the bill.                                                              
                                                                                                                                
MR. FERENCE said he didn't.                                                                                                     
                                                                                                                                
SENATOR KELLY asked if the consumers, people who were going to rent                                                             
the cars, had an opinion.                                                                                                       
                                                                                                                                
MR. FERENCE answered that they weren't part of the negotiation                                                                  
process to the best of his knowledge.  He believed the bill would                                                               
have no material affect on a customer.                                                                                          
                                                                                                                                
SENATOR KELLY asked if rental car customers were required to                                                                    
purchase this insurance.                                                                                                        
                                                                                                                                
MR. FERENCE replied that it's an option.                                                                                        
                                                                                                                                
SENATOR DONLEY added that wasn't exactly right.  If you don't have                                                              
a primary policy and they don't have any other source of coverage,                                                              
the mandatory auto insurance law requires them to obtain this                                                                   
coverage.                                                                                                                       
                                                                                                                                
MR. FERENCE responded that the responsibility for providing                                                                     
insurance rests with the owner of the vehicle.  In that context,                                                                
the rental car company owning the vehicle would be charged with                                                                 
providing insurance that meets the minimum financial responsibility                                                             
of the laws of this state.                                                                                                      
                                                                                                                                
SENATOR DONLEY asked if he is renting a car and has an insurance                                                                
policy on a car in Alaska and then decides to buy this coverage                                                                 
also, is this coverage primary or is it excess under existing law.                                                              
                                                                                                                                
MR. FERENCE replied that this coverage would most likely become                                                                 
primary.  However, there are some aspects of it which might be                                                                  
excess over the rental company's coverage.                                                                                      
                                                                                                                                
SENATOR DONLEY asked if SB 87 would change that.                                                                                
                                                                                                                                
MR. FERENCE answered that it wouldn't.                                                                                          
                                                                                                                                
SENATOR KELLY said his understanding was they had been doing this                                                               
all along, but now it has become a question of whether or not they                                                              
are doing it legally.  He asked if there was anything added in the                                                              
committee substitute or the bill that hasn't been traditional                                                                   
practice over the last few years.                                                                                               
                                                                                                                                
MR. FERENCE replied that the rental car owners are currently                                                                    
obliged to be licensed and he suspects there are a fair number of                                                               
people who have been involved in selling insurance without                                                                      
licenses, but they have no documented history of that occurring.                                                                
There has been some question about whether or not they needed to be                                                             
licensed.  This answers those questions and provides for it to                                                                  
occur.                                                                                                                          
                                                                                                                                
SENATOR KELLY wanted assurance there were no expansions of                                                                      
insurance coverage required under this bill that haven't been in                                                                
the past.                                                                                                                       
                                                                                                                                
MR. FERENCE replied no.                                                                                                         
                                                                                                                                
SENATOR KELLY moved to pass CSSB 87(L&C) out of committee with                                                                  
individual recommendations.                                                                                                     
                                                                                                                                
CHAIRMAN MACKIE asked Senator Kelly to withdraw his motion, since                                                               
there were two people who wanted to testify on SB 87.                                                                           
                                                                                                                                
SENATOR KELLY withdrew his motion.                                                                                              
                                                                                                                                
MR. RICHARD MCEVILY, Hertz Corp. supported SB 87 saying that the                                                                
insurance that's being offered is optional.  If someone elects the                                                              
option, it is primary insurance.                                                                                                
                                                                                                                                
MR. CONKLIN said consumers wanted to buy this insurance if they                                                                 
want to protect their assets in whatever state they are coming from                                                             
while they are driving a car in Alaska.                                                                                         
                                                                                                                                
SENATOR KELLY moved to pass CSSB 87(L&C) from committee with                                                                    
individual recommendations.  There were no objections and it was so                                                             
ordered.                                                                                                                        

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