Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/16/2016 11:00 AM Senate LABOR & COMMERCE

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Audio Topic
03:24:58 PM Start
03:25:31 PM HB372
04:09:40 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 81 EXEMPTION: LICENSING OF CONTRACTORS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
-- Public Testimony --
+= HB 372 OMNIBUS INSURANCE TELECONFERENCED
Moved SCS CSHB 372(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         April 16, 2016                                                                                         
                           3:24 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Kevin Meyer                                                                                                             
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 81                                                                                                               
"An  Act  relating  to  an   exemption  from  the  regulation  of                                                               
construction contractors."                                                                                                      
                                                                                                                                
     - PENDING REFERRAL                                                                                                         
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 372(L&C) AM                                                                             
"An Act relating  to insurance; relating to the  annual report by                                                               
the  director of  policies and  variable annuities;  establishing                                                               
limitations on issuance of long-term  care insurance; relating to                                                               
expenses for insurance examinations;  relating to regulations for                                                               
insurance; relating  to requirements  for group  health insurance                                                               
policies;  amending the  insurance  utilization review,  benefits                                                               
determination,  health  care  insurance grievance  definition  of                                                               
'group  health  insurance';  relating to  motor  vehicle  service                                                               
contracts; resolution  procedures, independent review  of adverse                                                               
determinations or  final adverse relating to  notice requirements                                                               
for   meetings  of   stockholders  or   members  of   a  domestic                                                               
determinations, independent review  organizations, and continuing                                                               
education providers; insurer; establishing  a definition of 'bona                                                               
fide  association';  relating  to requirements  and  relating  to                                                               
required  provisions  for  health care  insurance  contracts  and                                                               
policies,  penalties  for  committing a  fraudulent  or  criminal                                                               
insurance  act;  updating  criteria  for  including  health  care                                                               
provider choice;  establishing civil  penalties for  insurers for                                                               
failure  examinations;   relating  to  rate   filing  deviations;                                                               
establishing  civil penalties  for certain  to provide  requested                                                               
records;  amending  the  definition  of 'wet  marine  and  wilful                                                               
violations;    and   providing    for    an   effective    date."                                                               
transportation'   insurance;  amending   provisions  on   limited                                                               
licenses  to  include  crop insurance;  relating  to  third-party                                                               
administrator    notification     requirements;    relating    to                                                               
certification   filing  by   reinsurance  intermediary   brokers;                                                               
relating  to  rate filings,  delivery  of  insurance policies  or                                                               
endorsements; relating to refunds of variable life insurance                                                                    
                                                                                                                                
     - MOVED SCS CSHB 372(L&C) OUT OF COMMITTEE                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 372                                                                                                                  
SHORT TITLE: OMNIBUS INSURANCE                                                                                                  
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/21/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/16       (H)       L&C                                                                                                    
03/28/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/16       (H)       Heard & Held                                                                                           
03/28/16       (H)       MINUTE (L&C)                                                                                           
03/30/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/30/16       (H)       Heard & Held                                                                                           
03/30/16       (H)       MINUTE (L&C)                                                                                           
04/04/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/16       (H)       Heard & Held                                                                                           
04/04/16       (H)       MINUTE (L&C)                                                                                           
04/06/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/06/16       (H)       Moved CSHB 372(L&C) Out of Committee                                                                   
04/06/16       (H)       MINUTE (L&C)                                                                                           
04/07/16       (H)       L&C RPT CS (L&C) 1DP 6NR                                                                               
04/07/16       (H)       DP: OLSON                                                                                              
04/07/16       (H)       NR: LEDOUX, TILTON, HUGHES, KITO,                                                                      
                         JOSEPHSON, COLVER                                                                                      
04/13/16       (H)       TRANSMITTED TO (S)                                                                                     
04/13/16       (H)       VERSION: CSHB 372(L&C) AM                                                                              
04/14/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/16       (S)       L&C                                                                                                    
04/14/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/14/16       (S)       Heard & Held                                                                                           
04/14/16       (S)       MINUTE (L&C)                                                                                           
04/15/16       (S)       L&C AT 5:00 PM BELTZ 105 (TSBldg)                                                                      
04/15/16       (S)       Scheduled but Not Heard                                                                                
04/16/16       (S)       L&C AT 11:00 AM BELTZ 105 (TSBldg)                                                                     
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LORI WING-HEIER, Director                                                                                                       
Division of Insurance                                                                                                           
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Continued the  sectional analysis for HB 372                                                             
and answered related questions.                                                                                                 
                                                                                                                                
SHELDON WINTERS, Retained Counsel                                                                                               
State Farm Insurance                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified  in opposition  to Section  65 of                                                             
version N for HB 372.                                                                                                           
                                                                                                                                
WESTON EILER, Staff                                                                                                             
Senate Labor and Commerce Standing Committee and                                                                                
Senator Mia Costello                                                                                                            
POSITION STATEMENT:   Reviewed the  changes in the Senate  CS for                                                             
HB 372.                                                                                                                         
                                                                                                                                
KONRAD JACKSON, Staff                                                                                                           
Senator Kurt Olson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  the  sponsor  does not  support                                                             
Amendment 1 for HB 372.                                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
3:24:58 PM                                                                                                                    
CHAIR MIA COSTELLO called the  Senate Labor and Commerce Standing                                                             
Committee meeting  to order at 3:24  p.m. Present at the  call to                                                               
order were  Senators Meyer, Stevens, and  Chair Costello. Senator                                                               
Giessel arrived soon thereafter.                                                                                                
                                                                                                                                
                    HB 372-OMNIBUS INSURANCE                                                                                
                                                                                                                                
3:25:31 PM                                                                                                                    
CHAIR COSTELLO announced  the consideration of CS  FOR HOUSE BILL                                                               
NO. 372(L&C) am;  "An Act relating to insurance;  relating to the                                                               
annual report by the director  of insurance; relating to expenses                                                               
for   insurance  examinations;   relating   to  regulations   for                                                               
insurance  utilization  review,  benefits  determination,  health                                                               
care  insurance  grievance   resolution  procedures,  independent                                                               
review    of   adverse    determinations    or   final    adverse                                                               
determinations, independent review  organizations, and continuing                                                               
education providers;  relating to required provisions  for health                                                               
care  insurance contracts  and  policies,  including health  care                                                               
provider choice;  establishing civil  penalties for  insurers for                                                               
failure to provide requested records;  amending the definition of                                                               
'wet  marine and  transportation' insurance;  amending provisions                                                               
on  limited  licenses  to include  crop  insurance;  relating  to                                                               
third-party administrator notification  requirements; relating to                                                               
certification   filing  by   reinsurance  intermediary   brokers;                                                               
relating  to  rate filings,  delivery  of  insurance policies  or                                                               
endorsements;  relating to  refunds  of  variable life  insurance                                                               
policies  and  variable  annuities; establishing  limitations  on                                                               
issuance of  long-term care  insurance; relating  to requirements                                                               
for group  health insurance policies; amending  the definition of                                                               
'group  health  insurance';  relating to  motor  vehicle  service                                                               
contracts;  relating  to  notice  requirements  for  meetings  of                                                               
stockholders  or members  of a  domestic insurer;  establishing a                                                               
definition of  'bona fide association'; relating  to requirements                                                               
and penalties  for committing a fraudulent  or criminal insurance                                                               
act; updating criteria for examinations;  relating to rate filing                                                               
deviations;  establishing  civil  penalties  for  certain  wilful                                                               
violations; and providing for an effective date."                                                                               
                                                                                                                                
She  relayed the  intention to  continue the  sectional analysis,                                                               
take   questions  and   public  testimony,   adopt  a   committee                                                               
substitute (CS), and look to the will of the committee.                                                                         
                                                                                                                                
3:26:54 PM                                                                                                                    
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce, Community  and Economic Development  (DCCED), continued                                                               
the sectional analysis for HB 372, starting with Section 60.                                                                    
                                                                                                                                
     Sec.  60 AS  21.69.310(c) Meetings  of stockholders  or                                                                  
     members                                                                                                                  
                                                                                                                                
     discretion  to approve  a date  for  an annual  meeting                                                                    
     later than the  first six months of  each calendar year                                                                    
     upon  a written  request for  approval for  good cause.                                                                    
     The request for approval must  be made at least 30 days                                                                    
     before  the  end  of the  six-month  requirement.  This                                                                    
     amendment  reflects the  fact that  annual meetings  of                                                                    
     Alaska insurers cannot always be  held within the first                                                                    
     six  months  of  the  calendar year  due  to  the  wide                                                                    
     disbursement  of board  members  and  to the  differing                                                                    
     requirements  for  the  timing of  annual  meetings  of                                                                    
     other  states  where   holding  companies  with  Alaska                                                                    
     insurers are domiciled.                                                                                                    
                                                                                                                                
     Sec. 61 AS 21.69.390(b) Home office and records                                                                          
                                                                                                                                
     21.69.390(d) as  that subsection is being  repealed for                                                                    
     the  reasons  as  stated  in   Sec.  67  of  this  Bill                                                                    
     Analysis.                                                                                                                  
                                                                                                                                
     Sec. 62 AS 21.85.500(5) Definitions                                                                                      
                                                                                                                                
     "multiple  employer  welfare  arrangement"  to  conform                                                                    
     with  the  meaning of  the  term  as defined  under  29                                                                    
     U.S.C. 1002.                                                                                                               
                                                                                                                                
     Sec. 63 AS 21.97.020 General penalty                                                                                     
                                                                                                                                
     more consistent with other penalty  provisions in AS 21                                                                    
     such as AS 21.27.440 and  to provide a mechanism to use                                                                    
     under section four  of the bill and  for market conduct                                                                    
     enforcement.  This section  has  not  been updated  for                                                                    
     over 30 years.                                                                                                             
                                                                                                                                
     Sec. 64 AS 21.97.900(47) Definitions for title                                                                           
                                                                                                                                

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