Legislature(2007 - 2008)BELTZ 211

04/05/2008 11:00 AM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- NOTE: Time Change --
+= HB 297 PRACTICE OF VETERINARY MEDICINE TELECONFERENCED
Heard & Held
+= HJR 24 OPPOSING FEDERAL INSURANCE REGULATION TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 331 MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES TELECONFERENCED
Moved CSHB 331(L&C) Out of Committee
+= SB 280 MEDICAID/ INS FOR CANCER CLINICAL TRIALS TELECONFERENCED
Moved CSSB 280(HES) Out of Committee
       HJR 24 am - OPPOSING FEDERAL INSURANCE REGULATION                                                                    
                                                                                                                                
11:23:53 AM                                                                                                                   
CHAIR ELLIS announced HJR 24 am to be up for consideration.                                                                     
                                                                                                                                
KAREN LIDSTER,  staff to Representative  Coghill, sponsor  of HJR
24,  said  HJR  24  am opposes  a  federal  regulatory  insurance                                                               
system.  It opposes attempts  by Congress to divide the insurance                                                               
regulation  between the  states and  the federal  government. The                                                               
"optional federal  charter" has been introduced  in both chambers                                                               
of the U.S.  Congress. To avoid such a move  by Congress to enact                                                               
federal regulation  of insurance,  the legislature passed  HB 439                                                               
unanimously  on  May   2006.  This  bill  added   Alaska  to  the                                                               
Interstate Insurance Product  Regulation Compact. This commission                                                               
comprised of  30 states, serves as  a single point of  filing for                                                               
specified  insurance products  and  establishes uniform  national                                                               
standards  for  those  products.   HJR  24  am  affirms  Alaska's                                                               
opposition  to the  federal  government  attempting to  supersede                                                               
state regulation of insurance.                                                                                                  
                                                                                                                                
MS.  LIDSTER said  that Representative  Gruenberg  added a  floor                                                               
amendment  stating  a  further  resolve  that  the  Alaska  State                                                               
Legislature  opposes  any attempt  to  weaken  the current  state                                                               
regulation of insurance.                                                                                                        
                                                                                                                                
SENATOR  STEVENS  asked  for  an  explanation  of  the  McCarran-                                                               
Ferguson  Act.  He   didn't  really  know  why  it   was  in  the                                                               
resolution.                                                                                                                     
                                                                                                                                
MS.  LIDSTER responded  that she  would let  the director  of the                                                               
Division of Insurance address that.                                                                                             
                                                                                                                                
11:26:58 AM                                                                                                                   
CHAIR  ELLIS  asked  if  they  are  talking  about  who  has  the                                                               
authority to  regulate, a turf  issue, or was the  sponsor trying                                                               
to get  at national  policy toward  health insurance  on consumer                                                               
issues.                                                                                                                         
                                                                                                                                
MS. LIDSTER replied  that initially the resolution  was trying to                                                               
let  the federal  government  know that  opening  up an  optional                                                               
federal charter  would split  insurance regulation  between state                                                               
or  federal  regulation  and  the  states  want  to  retain  that                                                               
authority.                                                                                                                      
                                                                                                                                
11:29:13 AM                                                                                                                   
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce, Community  & Economic  Development, said  she supported                                                               
HJR 24  am. She stated that  insurance regulation is a  turf war;                                                               
national life insurance companies  have questioned why they would                                                               
go through 50  different jurisdictions. So, there  have been some                                                               
attempts at  having a  dual regulation  in which  companies doing                                                               
business nationally could  elect to be regulated  under a federal                                                               
regulator  and  companies that  are  regional  or in-state  would                                                               
choose to  be regulated  by the  state. In  her mind,  that would                                                               
indicate  an increasing  encroachment  by  the federal  regulator                                                               
into the  business that has  been the state's sole  obligation or                                                               
authority so far.                                                                                                               
                                                                                                                                
11:30:58 AM                                                                                                                   
She explained  that Congress passed the  McCarran-Ferguson Act in                                                               
1945;  it  gave regulatory  jurisdiction  over  the "business  of                                                               
insurance" to  the states  and preempted  the states  from coming                                                               
under any federal laws including  federal anti-trust laws without                                                               
specifically saying  these apply to insurance.  This has occurred                                                               
a  couple  of  times post-McCarran-Ferguson.  For  instance,  the                                                               
Employee Retirement  and Income Security  Act of 1974  (ERISA) is                                                               
an  exception  to  the preemption  that  specifically  gave  that                                                               
authority back to the federal government.                                                                                       
                                                                                                                                
MS. HALL said in addition to  the bills that have been introduced                                                               
in both  bodies of  Congress, on  Monday the  Treasury Department                                                               
issued a  report that is  very over-reaching and changes  how all                                                               
financial  institutions   are  regulated.   It  is   called  "The                                                               
Blueprint  for  Modernized  Financial Regulatory  Structure."  It                                                               
deals  with  changing  how  banks,   thrifts  and  insurance  are                                                               
regulated and  proposes a federal  regulator. It has drawn  a lot                                                               
of comments.                                                                                                                    
                                                                                                                                
She said  she wanted  to leave  them with  two things  today. One                                                               
comes  from  the  National Conference  of  Insurance  Legislators                                                               
(NCOIL) that  strongly opposes this  resolution in two  ways. She                                                               
read  from  a  press  release that  said  Representative  Kennedy                                                               
indicated:                                                                                                                      
                                                                                                                                
     The report  draws state  insurance regulation  which is                                                                    
     constantly  developing and  responding  to its  healthy                                                                    
     competitive  markets  into  the fray  along  with  less                                                                    
     regulated  and  less   accountable  financial  services                                                                    
     sectors,  such as  banks, thrifts  and securities  that                                                                    
     are presently managed by the federal government....                                                                        
                                                                                                                                
She said  people are concerned  about oversight and she  heard an                                                               
insurance company trade association speak  to CNN on Monday after                                                               
this report was released about  regulation at a federal level and                                                               
it would not  be the same as the regulation  the state has today.                                                               
The  two  primary  areas  of   regulations  she  deals  with  are                                                               
financial oversight solvency regulation and consumer protection.                                                                
                                                                                                                                
MS. HALL  said she wanted  to make consumer protection  real. Her                                                               
department has  a consumer services  section and it  gets 400-600                                                               
official  consumer complaints  a year  plus lots  of phone  calls                                                               
where they provide  assistance in other ways.  She explained when                                                               
a complaint  is closed  she does  a confidential  survey. Someone                                                               
took the time  to write a three-page  letter expressing gratitude                                                               
for her quick  and effective response to an issue  for which they                                                               
initially  received  $20,000  and  other  regular  payments.  She                                                               
didn't think  a federal regulator  would ever provide  that level                                                               
of assistance.                                                                                                                  
                                                                                                                                
SENATOR  STEVENS  said  he  was concerned  because  it  says  the                                                               
legislature  opposes  anything  that would  establish  a  federal                                                               
insurance regulator,  but it  also says  "or otherwise  alter the                                                               
McCarran-Ferguson  Act."  He  needed  to know  what  was  in  the                                                               
McCarran-Ferguson Act.                                                                                                          
                                                                                                                                
11:37:25 AM                                                                                                                   
MS. HALL answered she was not an expert.                                                                                        
                                                                                                                                
SENATOR  STEVENS  was  concerned  about  the  broadness  of  that                                                               
statement.                                                                                                                      
                                                                                                                                
CHAIR ELLIS  asked for  clarification of  what is  encompassed in                                                               
that act  saying the  committee wanted assurance  that HJR  24 is                                                               
just about insurance regulation.                                                                                                
                                                                                                                                
11:38:49 AM                                                                                                                   
JOHN GRUMMETT, President, Alaska  Independent Agents and Brokers,                                                               
supported HJR 24.  He said he is also Vice  President of Shattuck                                                               
and Grummett in Juneau. He  supported Ms. Hall's statements about                                                               
this  being  an issue  of  consumer  protection  and a  level  of                                                               
responsiveness  to  them.  He  said   they  are  against  federal                                                               
regulation  for  a  variety  of  reasons.  State  Farm  Insurance                                                               
opposes it, as well, as indicated in a letter in their packets.                                                                 
                                                                                                                                
MR. GRUMMETT  said there  are things agents  and brokers  want to                                                               
improve, but  they don't need  a federal regulatory system  to do                                                               
that. They have to do  with surplus lines, reinsurance reform and                                                               
agent and company licensing reform.                                                                                             
                                                                                                                                
He  said from  the  property casualty  angle introducing  federal                                                               
regulation  as  an option  would  result  in agents  and  brokers                                                               
having   to   become   experts  in   two   different   regulatory                                                               
environments and it  would be more confusing for  the consumer to                                                               
try  to distinguish  between the  two. Small  insurance companies                                                               
would be at a competitive disadvantage.                                                                                         
                                                                                                                                
11:41:34 AM                                                                                                                   
Further he said  the premium tax in Alaska is  third or fourth in                                                               
the country, and the general  fund contribution last year was $46                                                               
million; that  would go away. The  feds say it would  be optional                                                               
and they wouldn't want a  premium tax, but the national companies                                                               
wouldn't want to  be regulated by the feds and  still keep paying                                                               
taxes to the state.                                                                                                             
                                                                                                                                
CHAIR ELLIS  thanked everyone for  the remarks and said  he would                                                               
hold the bill  for further work. There being  no further business                                                               
to  come  before  the  committee, he  adjourned  the  meeting  at                                                               
11:43:38 AM.                                                                                                                  

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