Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/01/2014 03:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
*+ SB 214 INSURANCE ADJUSTER LICENSING TELECONFERENCED
Heard & Held
+ HB 204 SALMON & HERRING PRODUCT DEV'T TAX CREDIT TELECONFERENCED
Heard & Held
+ HB 141 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
              SB 214-INSURANCE ADJUSTER LICENSING                                                                           
                                                                                                                                
3:34:12 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of SB 214. "An Act                                                                   
relating to insurance adjuster licensing." This was the first                                                                   
hearing.                                                                                                                        
                                                                                                                                
3:34:28 PM                                                                                                                    
STEVE RICCI, Aide, Senate Labor & Commerce Committee, introduced                                                                
SB 214 on behalf of the committee. He spoke to the following                                                                    
sponsor statement:                                                                                                              
                                                                                                                                
     The product  that is at  the heart  of this bill  is an                                                                    
     insurance   program   that    protects   a   consumer's                                                                    
     investment in  their wireless communications  device by                                                                    
     insuring it  against loss, theft, damage,  and internal                                                                    
     malfunction  of the  device. The  bill  provides for  a                                                                    
     claims adjusting  structure that efficiently  meets the                                                                    
     needs of  consumers of this  product and  maintains the                                                                    
     Division of Insurance's proper regulatory authority.                                                                       
                                                                                                                                
     As  wireless devices  have become  an integral  part of                                                                    
     our everyday lives  their functionalities have expanded                                                                    
     exponentially and  with these developments the  cost of                                                                    
     these  devices  has  also risen.  Portable  electronics                                                                    
     insurance   not   only   ensures  that   a   consumer's                                                                    
     investment  in such  a device  is  protected, but  also                                                                    
     ensures  that  a  consumer receives  quick  service  by                                                                    
     getting  a  pre-programmed   phone  or  other  portable                                                                    
     electronic device  in the consumer's hands  often times                                                                    
     the very next day after a claim has been made.                                                                             
                                                                                                                                
     The  bill creates  a regulatory  framework tailored  to                                                                    
     portable  electronics  insurance adjusting  in  Alaska.                                                                    
     The  approach  set forth  in  this  important piece  of                                                                    
     legislation  ensures  a balanced  regulatory  structure                                                                    
     that would  avoid the need to  license every individual                                                                    
     who  takes claims  calls  from  Alaska consumers  while                                                                    
     insisting  on  a  supervisory  structure  of  insurance                                                                    
     producers  or  adjusters  to ensure  proper  oversight.                                                                    
     Because  a  consumer's  device  is  critical  to  their                                                                    
     everyday   life,   it   is   critical   that   portable                                                                    
     electronics  insurance  claims be  handled  efficiently                                                                    
     and   swiftly.    Recognizing   this,    the   portable                                                                    
     electronics   insurance  industry   utilizes  automated                                                                    
     claims   adjudication  systems   to  ensure   expedient                                                                    
     resolution  to claims  to  ensure  a replacement  phone                                                                    
     reaches  the  consumer  as quickly  as  possible.  This                                                                    
     legislation authorizes  the use of such  a system while                                                                    
     also  ensuring  that it  is  developed  to comply  with                                                                    
     Alaska law governing claims handling.                                                                                      
                                                                                                                                
     The bill also  amends state law to  further clarify how                                                                    
     a  nonresident  adjuster  is   licensed  in  Alaska  by                                                                    
     utilizing a  designated home state, a  concept embraced                                                                    
     by    the    National    Association    of    Insurance                                                                    
     Commissioners.                                                                                                             
                                                                                                                                
     This model  proposed in this legislation  is consistent                                                                    
     with  the  national trend  to  the  regulation of  this                                                                    
     product as  it creates an efficient  and fair licensing                                                                    
     framework,  and  gives  regulators the  authority  they                                                                    
     need   to   effectively   oversee   these   activities.                                                                    
     Legislation similar  to this has been  enacted into law                                                                    
     in  twenty-eight   states  including   Texas,  Florida,                                                                    
     Hawaii, Washington, Oregon, and Michigan.                                                                                  
                                                                                                                                
     In summary, this  is a good bill not  only for insurers                                                                    
     offering  portable electronics  insurance but  also for                                                                    
     the consumers of Alaska. The  bill creates a regulatory                                                                    
     structure suitable  for this  product which  allows the                                                                    
     Division  of Insurance  regulatory oversight  to ensure                                                                    
     that  claims made  by Alaska  consumers are  handled in                                                                    
     the right way.                                                                                                             
                                                                                                                                
MR.  RICCI advised  that a  committee substitute  was forthcoming                                                               
and  noted   the  individuals  who   were  available   to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
3:36:34 PM                                                                                                                    
PAUL   FASSBENDER,   Director,   Public   Policy   and   Economic                                                               
Development,  Asurion,  Nashville,  Tennessee,  stated  that  his                                                               
company  provides insurance  for portable  electronics, primarily                                                               
phones. He explained that SB  214 adds to legislation passed last                                                               
year   that   established   standards  for   adjusting   portable                                                               
electronic insurance  claims. It  will remove  the gray  areas in                                                               
these claim adjustments and provide  stability for operating in a                                                               
regulated environment.                                                                                                          
                                                                                                                                
3:38:00 PM                                                                                                                    
STEPHEN  MCDANIEL, Outside  Regulatory Counsel,  Asurion, offered                                                               
to answer questions.                                                                                                            
                                                                                                                                
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
3:38:46 PM                                                                                                                    
SENATOR  ELLIS asked  the  subject  of the  new  language in  the                                                               
forthcoming CS that Mr. Ricci mentioned.                                                                                        
                                                                                                                                
MR. RICCI  explained that the  Division of Insurance  noticed the                                                               
need to  make technical changes  related to the home  state where                                                               
adjusters are  registered and  whether or not  the company  has a                                                               
physical presence in that state.  He deferred further explanation                                                               
to the Division of Insurance.                                                                                                   
                                                                                                                                
SENATOR ELLIS asked if the  industry or the Division of Insurance                                                               
brought this up.                                                                                                                
                                                                                                                                
MR.  RICCI  replied  the  industry  brought  it  up  and  Senator                                                               
Dunleavy's  office   has  been  working  with   the  Division  of                                                               
Insurance on the language.                                                                                                      
                                                                                                                                
MR.  FASSBENDER  added that  the  issue  is  a consequence  of  a                                                               
virtual  marketplace.  Insurance   adjusters  supervise  clerical                                                               
staffs   that  take   claims  nationwide   and  they   apply  for                                                               
nonresident adjuster  licenses in  various states.  The technical                                                               
issue relates to  whether the adjuster needs to have  a brick and                                                               
mortar facility or be a resident of  a state in order to claim it                                                               
as a  home state. When  states drafted their insurance  laws they                                                               
didn't necessarily take into account Asurion's business model.                                                                  
                                                                                                                                
CHAIR  DUNLEAVY  asked  Mr.  Hester   to  supplement  the  record                                                               
regarding the  reason for  the technical  language change  in the                                                               
anticipated committee substitute.                                                                                               
                                                                                                                                
3:41:14 PM                                                                                                                    
MARTY HESTER, Deputy Director,  Division of Insurance, Department                                                               
of Commerce, Community and  Economic Development (DCCED), Juneau,                                                               
Alaska, explained that Alaska is  one of the states that requires                                                               
a license  for this particular  type of insurance and  a physical                                                               
storefront. The language in  the forthcoming committee substitute                                                               
would allow  a company doing  virtual claims to operate  from the                                                               
state that they're currently licensed out of.                                                                                   
                                                                                                                                
3:43:05 PM                                                                                                                    
CHAIR DUNLEAVY announced he would  keep public testimony open and                                                               
hold SB 214 in committee for further consideration.                                                                             

Document Name Date/Time Subjects
HB0204A.PDF SL&C 4/1/2014 3:30:00 PM
HB 204
HB0204_Version P.PDF SL&C 4/1/2014 3:30:00 PM
HB 204
HB 204 Sponsor Statement.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204SS-DOR-TAX-02-05-2014 Fiscal Note.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB 204 Presentation_DCCED.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_Alaskan-Seafood-Processing-Effluent-Guidelines-Notice-of-Data-Availability-Factsheet.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_DOR 2013 Annual Report Page 19.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_DOR Qualified Equipment.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_DOR_ Data on Fishery Business Tax Credits 2004-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_AFDF.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_AK General SF.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_Bristol Bay Borough.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_PSPA.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_SE AK Fishermans Alliance.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_SupportLetter_Westward Seafoods.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
HB204_WrittenTestimony_Ocean Beauty SF.pdf SL&C 4/1/2014 3:30:00 PM
HB 204
SB0214A.PDF SL&C 4/1/2014 3:30:00 PM
SB 214
SB214_SponsorStatement.pdf SL&C 4/1/2014 3:30:00 PM
SB 214
SB214_Sectional Analysis.pdf SL&C 4/1/2014 3:30:00 PM
SB 214
SB214-DCCED-DOI-03-28-14.pdf SL&C 4/1/2014 3:30:00 PM
SB 214
HB141 ver N.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Sponsor Statement.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Sectional Analysis.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141-DOL 2-05-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter Alaska Timber Exchange 1-28-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter AMLJIA 1-29-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter ANIC 2-05-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter ASHNHA 2-06-2014.PDF SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter City of Kenai 2-07-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter CPH 2-06-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter KPBSD 2-03-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter Liberty Mutual 2-04-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-Letter NFIB 2-04-2014.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-NCCI Medical Data Report 09-2013.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141 Supporting Document-WC Fee Comparison.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141_Support_Letter_Timber_EX.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB141_SupportLetter_AK Chamber.pdf SL&C 4/1/2014 3:30:00 PM
HB 141
HB204_SupportLetter_UFA.pdf SL&C 4/1/2014 3:30:00 PM
HB 204