Legislature(1999 - 2000)

04/15/2000 04:43 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE JUDICIARY STANDING COMMITTEE                                                                               
                         April 15, 2000                                                                                         
                            4:43 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Joe Green                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 375                                                                                                              
"An Act relating to abuse of inhalants."                                                                                        
                                                                                                                                
     - MOVED CSHB 375(JUD) OUT OF COMMITTEE WITH A ZERO FISCAL                                                                  
       NOTE                                                                                                                     
                                                                                                                                
HOUSE BILL NO. 413                                                                                                              
"An Act relating to intensive family preservation services; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HB 413 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 177(L&C)                                                                                                 
"An Act relating to insurance trade practices; and providing for                                                                
an effective date."                                                                                                             
                                                                                                                                
     - MOVED HCS CSSB 177(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 26(FIN)                                                                                                  
"An Act relating to hindering prosecution and to providing false                                                                
information or reports to a peace officer."                                                                                     
                                                                                                                                
     - MOVED CSSB 26(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 286(JUD)                                                                                                 
"An Act relating to the duties and powers of the attorney                                                                       
general."                                                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 300                                                                                                              
"An Act relating to the establishment and enforcement of medical                                                                
support orders for children; and providing for an effective                                                                     
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 375                                                                                                                  
SHORT TITLE: INHALANT ABUSE                                                                                                     
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2209     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2209     (H)  HES, JUD, FIN                                                                                       
 4/11/00               (H)  HES AT   3:00 PM CAPITOL 106                                                                        
 4/11/00               (H)  Bill Postponed                                                                                      
 4/13/00               (H)  HES AT   3:00 PM CAPITOL 106                                                                        
 4/13/00               (H)  Moved CSHB 375(HES) Out of Committee                                                                
 4/13/00               (H)  MINUTE(HES)                                                                                         
 4/15/00               (H)  JUD AT   1:00 PM CAPITOL 120                                                                        
                                                                                                                                
BILL: HB 413                                                                                                                  
SHORT TITLE: INTENSIVE FAMILY PRESERVATION SERVICES                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2221     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2222     (H)  HES, JUD, FIN                                                                                       
 4/06/00               (H)  HES AT   3:00 PM CAPITOL 106                                                                        
 4/06/00               (H)  Scheduled But Not Heard                                                                             
 4/13/00               (H)  HES AT   3:00 PM CAPITOL 106                                                                        
 4/13/00               (H)  Heard & Held                                                                                        
 4/13/00               (H)  MINUTE(HES)                                                                                         
 4/14/00               (H)  HES AT   3:00 PM CAPITOL 106                                                                        
 4/14/00               (H)  Moved Out of Committee                                                                              
 4/14/00               (H)  MINUTE(HES)                                                                                         
 4/15/00               (H)  JUD AT   1:00 PM CAPITOL 120                                                                        
                                                                                                                                
BILL: SB 177                                                                                                                  
SHORT TITLE: INSURANCE TRADE PRACTICES & ACTS                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 5/16/99      1517     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 5/16/99      1517     (S)  L&C                                                                                                 
 1/18/00               (S)  L&C AT  1:30 PM BELTZ 211                                                                           
 1/18/00               (S)  Heard & Held                                                                                        
 1/18/00               (S)  MINUTE(L&C)                                                                                         
 2/29/00               (S)  L&C AT  1:30 PM BELTZ 211                                                                           
 2/29/00               (S)  Moved CS(L&C) Out of Committee                                                                      
 2/29/00               (S)  MINUTE(L&C)                                                                                         
 3/01/00               (S)  RLS AT 11:30 AM FAHRENKAMP 203                                                                      
 3/01/00               (S)  MINUTE(RLS)                                                                                         
 3/01/00      2476     (S)  L&C RPT  CS  1DP 3NR 1AM SAME TITLE                                                                 
 3/01/00      2476     (S)  NR: MACKIE, TIM KELLY, HOFFMAN;                                                                     
 3/01/00      2476     (S)  DP: DONLEY; AM: LEMAN                                                                               
 3/01/00      2476     (S)  ZERO FISCAL NOTE (DCED)                                                                             
 3/22/00      2692     (S)  RLS TO CALENDAR AND 1 AM 03/22/00                                                                   
 3/22/00      2693     (S)  READ THE SECOND TIME                                                                                
 3/22/00      2693     (S)  L&C CS ADOPTED UNAN CONSENT                                                                         
 3/22/00      2693     (S)  ADVANCED TO THIRD READING                                                                           
                            UNAN CONSENT                                                                                        
 3/22/00      2693     (S)  READ THE THIRD TIME  CSSB 177(L&C)                                                                  
 3/22/00      2693     (S)  PASSED Y19 N1                                                                                       
 3/22/00      2694     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                                                                   
 3/22/00      2697     (S)  TRANSMITTED TO (H)                                                                                  
 3/23/00      2661     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 3/23/00      2662     (H)  L&C, JUD, FIN                                                                                       
 4/10/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 4/10/00               (H)  Heard & Held                                                                                        
 4/10/00               (H)  MINUTE(L&C)                                                                                         
 4/12/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 4/12/00               (H)  Moved HCS CSSB 177(L&C)                                                                             
                            Out of Committee                                                                                    
 4/12/00               (H)  MINUTE(L&C)                                                                                         
 4/14/00               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/14/00               (H)  Heard & Held                                                                                        
 4/14/00               (H)  MINUTE(JUD)                                                                                         
 4/14/00      3133     (H)  L&C RPT HCS(L&C) 2DP 1DNP 3NR                                                                       
 4/14/00      3134     (H)  DP: BRICE, SANDERS; DNP: HALCRO;                                                                    
 4/14/00      3134     (H)  NR: HARRIS, CISSNA, ROKEBERG                                                                        
 4/14/00      3134     (H)  SENATE ZERO FISCAL NOTE (DCED) 3/1/00                                                               
 4/14/00      3134     (H)  REFERRED TO JUDICIARY                                                                               
 4/15/00               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: SB  26                                                                                                                  
SHORT TITLE: FALSE REPORT TO POLICE/HINDER PROSECUTION                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/15/99        20     (S)  PREFILED 1/15/99                                                                                    
 1/19/99        20     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        20     (S)  JUD, FIN                                                                                            
 3/08/99               (S)  JUD AT  1:30 PM                                                                                     
 3/08/99               (S)  HEARD AND HELD                                                                                      
 3/08/99               (S)  MINUTE(JUD)                                                                                         
 3/15/99       546     (S)  COSPONSOR(S): DONLEY                                                                                
 3/27/00               (S)  JUD AT  1:30 PM BELTZ 211                                                                           
 3/27/00               (S)  Moved CS(Jud) Out of Committee                                                                      
 3/30/00      2794     (S)  JUD RPT  CS  3DP NEW TITLE                                                                          
 3/30/00      2794     (S)  DP: TAYLOR, TORGERSON, HALFORD                                                                      
 3/30/00      2794     (S)  INDETERMINATE FISCAL NOTE (COURT)                                                                   
 3/31/00      2811     (S)  ZERO FISCAL NOTE (DPS)                                                                              
 4/04/00               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 4/04/00               (S)  Heard & Held                                                                                        
 4/04/00               (S)  MINUTE(FIN)                                                                                         
 4/04/00      2853     (S)  FISCAL NOTE (LAW)                                                                                   
 4/04/00      2853     (S)  INDETERMINATE FISCAL NOTE (COR)                                                                     
 4/11/00               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 4/11/00               (S)  Moved CS(Fin) Out of Committee                                                                      
 4/04/00               (S)  MINUTE(FIN)                                                                                         
 4/11/00               (S)  RLS AT 12:15 PM FAHRENKAMP 203                                                                      
 4/11/00               (S)  MINUTE(RLS)                                                                                         
 4/11/00      2975     (S)  FIN RPT CS 6DP 3NR NEW TITLE                                                                        
 4/11/00      2975     (S)  DP: TORGERSON, PARNELL, PHILLIPS,                                                                   
 4/11/00      2975     (S)  GREEN, LEMAN, WILKEN; NR: PETE KELLY,                                                               
 4/11/00      2975     (S)  DONLEY, ADAMS                                                                                       
 4/11/00      2975     (S)  ZERO FISCAL NOTE (LAW)                                                                              
 4/12/00      3025     (S)  FISCAL NOTE (ADM)                                                                                   
 4/12/00      3025     (S)  ZERO FISCAL NOTE (DPS)                                                                              
 4/12/00      3025     (S)  PREVIOUS INDETERMINATE FN (COURT)                                                                   
 4/12/00      3025     (S)  INDETERMINATE FISCAL NOTE (COR)                                                                     
 4/13/00      3058     (S)  RLS TO CALENDAR AND 1 OR 04/13/00                                                                   
 4/13/00      3060     (S)  READ THE SECOND TIME                                                                                
 4/13/00      3060     (S)  FIN CS ADOPTED UNAN CONSENT                                                                         
 4/13/00      3061     (S)  ADVANCED TO THIRD READING                                                                           
                            UNAN CONSENT                                                                                        
 4/13/00      3061     (S)  READ THE THIRD TIME  CSSB 26(FIN)                                                                   
 4/13/00      3061     (S)  PASSED Y20 N-                                                                                       
 4/13/00      3069     (S)  TRANSMITTED TO (H)                                                                                  
 4/14/00      3127     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 4/14/00      3127     (H)  JUD, FIN                                                                                            
 4/15/00               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE MARY KAPSNER                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 424                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 375.                                                                                         
                                                                                                                                
ROBERT BUTTCANE, Juvenile Probation Officer                                                                                     
Youth Corrections                                                                                                               
Division of Family and Youth Services                                                                                           
Department of Health and Social Services                                                                                        
P.O. Box 110630                                                                                                                 
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Testified on HB 375; expressed appreciation                                                                
for the bill, but conveyed concerns about Section 1 and                                                                         
criminalizing addictive behavior.                                                                                               
                                                                                                                                
BLAIR McCUNE, Deputy Director                                                                                                   
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
900 West 5th Avenue, Suite 200                                                                                                  
Anchorage, Alaska  99501-2090                                                                                                   
POSITION STATEMENT:   Testified on HB 375; indicated  Amendments 1                                                              
and 2 took  care of his concerns,  but said the intent  of causing                                                              
intoxication  seems  sufficient   without  including  inebriation,                                                              
excitement, stupefaction and dulling of the nervous system.                                                                     
                                                                                                                                
REPRESENTATIVE SHARON CISSNA                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 420                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 413.                                                                                         
                                                                                                                                
MICHAEL LESSMEIER, Attorney at Law                                                                                              
Lessmeier & Winters, and Lobbyist                                                                                               
   for State Farm Insurance Company                                                                                             
431 North Franklin Street, Number 400                                                                                           
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  On behalf of State Farm Insurance Company,                                                                 
testified in opposition to SB 177; provided proposed amendment.                                                                 
                                                                                                                                
BOB LOHR, Director                                                                                                              
Division of Insurance                                                                                                           
Department of Community & Economic Development                                                                                  
P.O. Box 110805                                                                                                                 
Juneau, Alaska  99811-0805                                                                                                      
POSITION STATEMENT:  Answered questions with regard to SB 177.                                                                  
                                                                                                                                
SENATOR DAVE DONLEY                                                                                                             
Alaska State Legislature                                                                                                        
Capitol Building, Room 508                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified as the sponsor of SB 177.                                                                        
                                                                                                                                
MICHAEL PAULEY, Staff                                                                                                           
  to Senator Loren Leman                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 115                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented SB 26 on behalf of the sponsor.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-63, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN PETE KOTT  called the House Judiciary  Standing Committee                                                              
meeting to  order at  4:43 p.m.   Members present  at the  call to                                                              
order  were  Representatives  Kott  and  Croft.    Representatives                                                              
Green,  Rokeberg, James,  Murkowski and  Kerttula arrived  shortly                                                              
thereafter.                                                                                                                     
                                                                                                                                
HB 375 - INHALANT ABUSE                                                                                                       
                                                                                                                                
CHAIRMAN KOTT announced that the  first order of business would be                                                              
HOUSE BILL NO. 375, "An Act relating to abuse of inhalants."                                                                    
                                                                                                                                
[Officially before the committee  was CSHB 375(HES), Version I (1-                                                              
LS1323\I).   Furthermore,  written amendments  were to Version  I.                                                              
However, members'  packets contained not  that version but  a work                                                              
draft,  Version H  (1-LS1323\H, Luckhaupt,  3/28/00), provided  by                                                              
the sponsor,  which had  been moved out,  unamended, by  the House                                                              
Health, Education  & Social  Services Committee  on 4/13/00.   The                                                              
two versions, therefore, should have been identical in content.]                                                                
                                                                                                                                
Number 0025                                                                                                                     
                                                                                                                                
REPRESENTATIVE MARY KAPSNER, Alaska  State Legislature, sponsor of                                                              
HB 375,  explained that this  legislation gives people  across the                                                              
state a  tool to "leverage"  abusers of inhalants  into treatment.                                                              
She  pointed  out   that  [abuse  of  inhalants]  is   a  class  B                                                              
misdemeanor in  this version  of the bill.   She informed  members                                                              
that the  bill has broad-based  support from providers  across the                                                              
state.                                                                                                                          
                                                                                                                                
CHAIRMAN KOTT asked whether federal  funding had been received for                                                              
a facility.                                                                                                                     
                                                                                                                                
REPRESENTATIVE KAPSNER  affirmed that.  Only two  facilities exist                                                              
in  the nation,  she  noted, and  this  will be  the  third.   The                                                              
facility is  scheduled to be built  in Bethel, it should  be ready                                                              
to open in 2001.                                                                                                                
                                                                                                                                
Number 0097                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called an at-ease at 4:45 p.m.                                                                                    
                                                                                                                                
[End of this tape because of technical difficulties]                                                                            
                                                                                                                                
TAPE 00-64, SIDE A                                                                                                              
                                                                                                                                
CHAIRMAN  KOTT called  the meeting  back  to order  at 4:48  p.m.,                                                              
noting that there was now a quorum present.                                                                                     
                                                                                                                                
Number 0005                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Juvenile Probation  Officer, Youth  Corrections,                                                              
Division  of  Family  and Youth  Services  (DFYS),  Department  of                                                              
Health  and  Social  Services,  came   forward  to  testify.    He                                                              
expressed  appreciation  to the  sponsor  for putting  this  issue                                                              
forward.   Inhalant abuse in one  of the most damaging  and costly                                                              
substance abuse issues facing the  state.  However, the department                                                              
has concerns  about the bill,  relating specifically to  Section 1                                                              
and criminalizing  addictive  behavior.   Although a motivator  to                                                              
get people  involved in treatment,  criminalizing this  act within                                                              
the delinquency system could lead  to placing young people who are                                                              
abusing inhalants into detention facilities.                                                                                    
                                                                                                                                
MR.   BUTTCANE  pointed   out   that  detention   facilities   are                                                              
overcrowded.   Bethel,  for example,  has  an eight-bed  facility;                                                              
however,  the capacity  has averaged,  over  the last  year and  a                                                              
half, anywhere  from 14 to 17 or  18 youths.  Even  one additional                                                              
person,  especially  someone  with  issues  relating  to  inhalant                                                              
abuse, would be extremely problematic  for the department.  Noting                                                              
that the  other sections of the  bill would amend  the involuntary                                                              
commitment provisions of Title 47, Mr. Buttcane concluded:                                                                      
                                                                                                                                
     We  think  that it  is  appropriate  ... to  amend  that                                                                   
     section, as  indicated in the bill, by  adding inhalants                                                                   
     because  there  are  some  instances   where  it's  been                                                                   
     confusing whether  or not the  courts were able  to make                                                                   
     an  involuntary commitment  when an  inhalant abuse  has                                                                   
     occurred.   So those amendments would be  appropriate to                                                                   
     that involuntary commitment statute.                                                                                       
                                                                                                                                
Number 0174                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  made  a  motion  to  adopt  Version  H  [1-                                                              
LS1323\H, Luckhaupt,  3/28/00] as  a work draft.   There  being no                                                              
objection, it was so ordered.                                                                                                   
                                                                                                                                
REPRESENTATIVE JAMES stated her understanding  that Mr. Buttcane's                                                              
concern about  Section 1 is that  abuse of inhalants is  a class B                                                              
misdemeanor.   However,  Section 1  goes on  to say  that a  court                                                              
shall suspend the  imposition of sentence, place  the defendant on                                                              
probation, and  require the defendant to successfully  complete an                                                              
inhalant abuse treatment program.   "So it doesn't seem to me like                                                              
they're going to have to go into these places," she commented.                                                                  
                                                                                                                                
MR.  BUTTCANE said  that  provision would  apply  to the  criminal                                                              
system.  The  delinquency system would not have  that provision in                                                              
front of it.   Under the delinquency  system, a juvenile  who is a                                                              
danger to  himself/herself or others  may be detained;  given that                                                              
inhalant abuse could, indeed, be  the premise upon which the court                                                              
finds  that a  youth is  dangerous to  himself/herself or  others,                                                              
that would be  the justification for detention.   Although written                                                              
so that it is directed toward the  criminal system, the bill would                                                              
have an impact on the delinquency  system.  "We are concerned that                                                              
that would increase  the pressures on our  detention populations,"                                                              
he concluded.                                                                                                                   
                                                                                                                                
Number 0199                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  replied that  she understands  the  concern                                                              
when  there is  a problem  with  a place  to  put these  children.                                                              
However,  if children  are a  danger  to themselves,  what is  Mr.                                                              
Buttcane's suggestion?                                                                                                          
                                                                                                                                
MR. BUTTCANE answered that the other  provision of the bill, which                                                              
would  amend   the  involuntary  commitment  statute   to  include                                                              
inhalants,  would  be an  answer;  that  would provide  the  court                                                              
system  with opportunities  to  identify young  people  who are  a                                                              
danger  to themselves  because of  the  use of  inhalants, and  to                                                              
compel them  into a treatment program.   "That, to us,  makes more                                                              
sense  than  to  criminalize  an  issue  which  is  essentially  a                                                              
substance  issue,"  he explained.    "We  do not  now  criminalize                                                              
alcohol  abuse.    And  criminalizing   inhalant  abuse  would  be                                                              
problematic for our delinquency system."                                                                                        
                                                                                                                                
Number 0367                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  mentioned possession  of  alcohol for  a                                                              
minor.  He asked whether that is a violation now.                                                                               
                                                                                                                                
MR. BUTTCANE specified that possession  of alcohol by a minor is a                                                              
violation subject to  a $100 fine.  It is a matter  handled by the                                                              
district court, not the delinquency system.                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  he is  looking at  a middle  ground                                                              
here because he is concerned.  Even  with the suspended imposition                                                              
of sentence,  there  would have to  be at  least an  indeterminate                                                              
fiscal  note  and, therefore,  a  referral  to the  House  Finance                                                              
Committee.                                                                                                                      
                                                                                                                                
MR. BUTTCANE  pointed out that  the Department of  Corrections had                                                              
submitted   an   indeterminate  fiscal   note   [dated   4/10/00].                                                              
Furthermore,  the  Department  of  Health &  Social  Services  was                                                              
waiting to submit  a fiscal note, depending on whether  or not the                                                              
House  Judiciary Standing  Committee  retains the  criminalization                                                              
piece relating  to inhalants;  if that stays  in the bill  and the                                                              
bill moves  forward, that department  will have to place  a fiscal                                                              
note on this bill.                                                                                                              
                                                                                                                                
Number 0465                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KAPSNER  informed  members  that  a  violation  is                                                              
something that  "treatment people"  throughout the state  are very                                                              
much in favor of, for the same reasons  indicated by Mr. Buttcane.                                                              
She then stated:                                                                                                                
                                                                                                                                
     That alternative  is fine  with me.   Under the  version                                                                   
     that   left  the   House  [Health   &  Social   Services                                                                   
     Committee],  the  chairman of  that committee  was  most                                                                   
     comfortable   ...   with   the    infraction   being   a                                                                   
     misdemeanor,   because  he   thought  the  heavier   the                                                                   
     "hammer,"  the  more  inclined  the young  person  or  a                                                                   
     person would be to go to treatment.                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  whether  there  is  "an  inhalant                                                              
factor in contributing," or if that is stretching.                                                                              
                                                                                                                                
Number 0530                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  asked Mr. Buttcane whether there  would be a                                                              
zero  fiscal  note  from  his  department  if  this  were  made  a                                                              
violation like [offenses regarding] alcohol.                                                                                    
                                                                                                                                
MR. BUTTCANE affirmed that.                                                                                                     
                                                                                                                                
Number 0554                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  made a motion to adopt  conceptual Amendment                                                              
1:   In  Section  1 [subsection  (d)], to  substitute  "violation"                                                              
where it is a misdemeanor, with the  same structure with regard to                                                              
the fine as that relating to alcohol.                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked whether  it is  okay with  the bill                                                              
sponsor.  [An affirmation is audible on tape.]                                                                                  
                                                                                                                                
REPRESENTATIVE  JAMES asked whether  the rest  of the sentence  is                                                              
necessary [page 1, line 15, through page 2, line 2].                                                                            
                                                                                                                                
CHAIRMAN  KOTT said there  is no  need to  place the defendant  on                                                              
probation, but suggested  the committee would want  to require the                                                              
defendant to successfully complete the abuse treatment program.                                                                 
                                                                                                                                
REPRESENTATIVE JAMES  agreed, saying it  would be up to  the "and"                                                              
on the next page [page 2, line 2].                                                                                              
                                                                                                                                
Number 0609                                                                                                                     
                                                                                                                                
MR. BUTTCANE  [providing  the reasoning  behind what would  become                                                              
Amendment  2] informed  members that  when  this bill  was in  the                                                              
House Health,  Education & Social  Services Committee,  the Public                                                              
Defender Agency had  pointed out a worthy consideration.   Section                                                              
1, page  1, line  6, says, "if  the person  smells or inhales  any                                                              
substance".  However,  that phrase could include  espresso coffee,                                                              
perfume or tobacco, for example.   The language on page 5, line 3,                                                              
"hazardous  volatile   material  or  substance",  might   be  more                                                              
appropriately placed  on page 1, line 6, in order  to better limit                                                              
inhalant abuse  to relate  specifically to  those things  that are                                                              
hazardous, volatile  materials or  substances, rather  than things                                                              
like perfume that give some excitation.                                                                                         
                                                                                                                                
REPRESENTATIVE  KAPSNER informed  members that  a written  copy of                                                              
the amendment [Amendment 2] was forthcoming.                                                                                    
                                                                                                                                
Number 0693                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT  returned attention to  conceptual Amendment 1.   He                                                              
indicated it  would begin  on page 1,  line 15, which  would read,                                                              
"Abuse of inhalants  is a violation."  The imposition  of sentence                                                              
provision would be  replaced to conform the violation  to the same                                                              
category relating  to a violation  for alcohol abuse, with  a $100                                                              
fine, to  his belief.   It  would still  require the defendant  to                                                              
complete the  abuse program.   There being no objection,  Chairman                                                              
Kott announced that Amendment 1 was adopted.                                                                                    
                                                                                                                                
Number 0775                                                                                                                     
                                                                                                                                
CHAIRMAN  KOTT   turned  attention  to  Amendment   2,  a  written                                                              
amendment labeled 1-LS1323\I.1, Luckhaupt, 4/15/00, which read:                                                                 
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "substance"                                                                                                    
          Insert "inhalant"                                                                                                     
                                                                                                                                
     Page 1, line 13, following "section,":                                                                                     
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 1, line 14, following "AS 04.21.080":                                                                                 
          Insert ";                                                                                                             
               (2) "inhalant" has the meaning given in AS                                                                       
     47.37.270(10)."                                                                                                            
                                                                                                                                
CHAIRMAN KOTT said he believes that  Amendment 2, in its entirety,                                                              
is  appropriate.     He  asked   whether  Gerald   Luckhaupt,  the                                                              
legislative drafter, had any comments; none were offered.                                                                       
                                                                                                                                
Number 0952                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  made  a  motion to  adopt  Amendment  2.                                                              
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
[REPRESENTATIVE ROKEBERG  made and withdrew  a motion to  move the                                                              
bill from committee.]                                                                                                           
                                                                                                                                
Number 0990                                                                                                                     
                                                                                                                                
BLAIR McCUNE, Deputy Director, Public  Defender Agency, Department                                                              
of Administration,  testified via  teleconference from  Anchorage,                                                              
noting that he didn't know what amendments  had just been adopted.                                                              
He said his main concerns related to page 1, line 6.                                                                            
                                                                                                                                
CHAIRMAN  KOTT reported  that  the amendments  had  taken care  of                                                              
that.                                                                                                                           
                                                                                                                                
MR.  McCUNE   said  he  believes   that  the  intent   of  causing                                                              
intoxication   seems   to   be    sufficient   without   including                                                              
inebriation, excitement,  stupefaction and dulling  of the nervous                                                              
system.    He added  that  the  agency is  still  concerned  about                                                              
criminalizing behavior.                                                                                                         
                                                                                                                                
CHAIRMAN  KOTT responded  to the  latter  concern, indicating  the                                                              
amendments  had  taken  care of  that,  as  well.    It is  now  a                                                              
violation  with  language  similar  to the  statute  dealing  with                                                              
alcohol abuse.                                                                                                                  
                                                                                                                                
MR. McCUNE said that takes care of his concerns.                                                                                
                                                                                                                                
Number 1038                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  made  a  motion  to move  CSHB  375,  as                                                              
amended, from  committee with  individual recommendations  and the                                                              
attached indeterminate fiscal notes.                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT  proposed having  a zero fiscal note  for the                                                              
Department  of  Corrections  because  [inhalant abuse]  is  now  a                                                              
violation and DFYS' problem has been solved.                                                                                    
                                                                                                                                
CHAIRMAN KOTT concurred.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  amended his  motion  to  include a  zero                                                              
fiscal note  from the committee.   There being no  objection, CSHB
375(JUD) was moved from the House Judiciary Standing Committee.                                                                 
                                                                                                                                
                                                                                                                                
HB 413 - INTENSIVE FAMILY PRESERVATION SERVICES                                                                               
                                                                                                                                
CHAIRMAN KOTT announced  that the next order of  business would be                                                              
HOUSE  BILL  NO.  413,  "An  Act   relating  to  intensive  family                                                              
preservation services; and providing for an effective date."                                                                    
                                                                                                                                
Number 1115                                                                                                                     
                                                                                                                                
REPRESENTATIVE SHARON  CISSNA, Alaska State  Legislature, sponsor,                                                              
explained the bill as follows:                                                                                                  
                                                                                                                                
     This bill  provides for a  program that gives  intensive                                                                   
     intervention.    And perhaps  a  family whose  child  is                                                                   
     about  to be removed  has been  offered intervention  in                                                                   
     previous  stages.   However, in this  model, the  family                                                                   
     ... is about to lose their child  to state custody.  And                                                                   
     that is the point at which this  program intervenes. ...                                                                   
     It is imminent that the child will leave. ...                                                                              
                                                                                                                                
     This  program was  developed in 1974  by the  Washington                                                                   
     program called  "Homebuilders." ... In that  state, they                                                                   
     have  been  intervening  at  this point.  ...  When  the                                                                   
     family is  in crisis,  ... about 80  percent of  the ...                                                                   
     children and families who've  been served have been able                                                                   
     to stay  in their homes.   And in  that time,  there has                                                                   
     never  been one  death of a  child who  has remained  in                                                                   
     their home as a result of this program.                                                                                    
                                                                                                                                
     The  family  is  offered the  intensive  service.    The                                                                   
     intensive service  must be of  a very high quality.   It                                                                   
     has features  such as 24-hour-a-day availability  of the                                                                   
     same caseworker,  for up to six weeks.   It's intensive,                                                                   
     and  it's  short. ...  The  program  must attain  -  and                                                                   
     that's one of the high qualities  of this - ... at least                                                                   
     a 70  percent success  rate with  the families that  are                                                                   
     served, and actually that winds  up being ... lower than                                                                   
     the rates  of approximately 15  of the states  that I've                                                                   
     been able  to study; they've  all been closer to  the 80                                                                   
     percent success rate.  So 70  percent is on the low side                                                                   
     that  we write  into  the statutes  here,  but the  rate                                                                   
     should be higher than that.                                                                                                
                                                                                                                                
     There  are approximately  30  states  that have  adopted                                                                   
     this model.   And  in the HES  [House Health,  Education                                                                   
     and Social  Services] Committee,  ... there were  people                                                                   
     who  testified from  both the State  of Washington,  who                                                                   
     had worked in  that program, and from the  ... intensive                                                                   
     family preservation  program in Michigan.   Michigan has                                                                   
     approximately an 85 percent  success rate.  They've been                                                                   
     able to  dramatically lower ...  their costs ...  in the                                                                   
     children in out-of-home placement. ...                                                                                     
                                                                                                                                
     That's really the long-term  goal of this program, is to                                                                   
     bring the rolls down.  This  bill itself sets up a study                                                                   
     that will  then propose  a pilot  project, and ...  they                                                                   
     will  also look for  funding, federal  and private.  ...                                                                   
     Actually,  one  of  the  people who  spoke  in  the  HES                                                                   
     Committee suggested  that they  may be able  to identify                                                                   
     some funding  sources, as well. ... So the  funding part                                                                   
     of it  is what we're trying  to do, so that it  will not                                                                   
     be [general funds], and the  pilot project will probably                                                                   
     be   in  one   location,   to  achieve   what's   called                                                                   
     saturation.   You  want to  make sure  that the  service                                                                   
     delivery is up  to the need in that given  area, so that                                                                   
     ...  you   have  success,  and  you  can   actually  ...                                                                   
     demonstrate   that  you   can   bring  the   out-of-home                                                                   
     placements down.                                                                                                           
                                                                                                                                
Number 1338                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said he had  looked this over for judicial or                                                              
other policy choices,  and he believes it is a  wonderful program,                                                              
from what  he knows about  it in other  states.  The  main problem                                                              
will be getting  money to start  it up.  He  wished Representative                                                              
Cissna luck in the House Finance Committee.                                                                                     
                                                                                                                                
CHAIRMAN KOTT  said he had looked  it over, as well, and  the only                                                              
section that  deals with  the courts  is Section  2, briefly.   He                                                              
asked  whether  anyone  wished  to  testify,  then  closed  public                                                              
testimony.                                                                                                                      
                                                                                                                                
Number 1395                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  made a  motion  to move  HB  413 out  of                                                              
committee with individual recommendations  and the attached fiscal                                                              
note(s).   There being  no objection,  HB 413  was moved  from the                                                              
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
SB 177 - INSURANCE TRADE PRACTICES & ACTS                                                                                     
                                                                                                                                
Number 1418                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced  that the next order of  business would be                                                              
CS FOR  SENATE BILL  NO. 177(L&C), "An  Act relating  to insurance                                                              
trade  practices;  and  providing  for  an effective  date."    He                                                              
reminded members  that Senator Donley, sponsor,  had presented the                                                              
opening  statement  at the  previous  day's  hearing but  that  no                                                              
further testimony was  taken.  [Before the committee  was HCS CSSB
177(L&C).]                                                                                                                      
                                                                                                                                
Number 1442                                                                                                                     
                                                                                                                                
MICHAEL  LESSMEIER,  Attorney at  Law,  Lessmeier  & Winters,  and                                                              
Lobbyist  for State Farm  Insurance Company  ("State Farm"),  came                                                              
forward to testify  in opposition to this bill on  behalf of State                                                              
Farm.   Noting that  he had  listened to  the testimony  when this                                                              
bill was presented the previous day,  he said the impression given                                                              
was that  this is fairly  noncontroversial legislation.   However,                                                              
he respectfully  disagrees  and would characterize  this  as anti-                                                              
consumer legislation.   Any legislation  that interferes  with the                                                              
ability  of an  insurer  to address  claims  of  fraud, claims  of                                                              
exaggeration  or  false  claims   is  ultimately  bad  for  policy                                                              
holders,  which  is   one  of  the  primary  concerns   with  this                                                              
legislation.                                                                                                                    
                                                                                                                                
MR. LESSMEIER  emphasized that passing legislation  that increases                                                              
costs to insurance companies results  in increased costs to policy                                                              
holders;  he therefore  requested  careful  review  of this  bill.                                                              
Furthermore,  he believes  that much of  the information  advanced                                                              
about this legislation is inaccurate.   With regard to yesterday's                                                              
testimony that the  majority of states allow a finding  of a trade                                                              
violation  for a single  act, he  doesn't believe  that to  be the                                                              
case.   He  directed  attention  to  the Division  of  Insurance's                                                              
attachment,  submitted to  the House Labor  & Commerce  Committee,                                                              
which illustrates  that  some states  allow a  director to  find a                                                              
violation of a single act if it is  willful or flagrant.  However,                                                              
this legislation  just says there  needs to be  a single act.   By                                                              
his  count,   only  four  or   five  states  [submitted   on  that                                                              
attachment]  allow a  director  to  find a  violation  based on  a                                                              
single act  that is not willful  or flagrant; he believes  that is                                                              
important, and  there is a  reason for that.   One reason  is that                                                              
the National  Association of Insurance Commissioners  (NAIC) model                                                              
Act  would allow  the  finding of  a  violation only  if  it is  a                                                              
willful single violation.                                                                                                       
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
MR. LESSMEIER informed  members of another important  concern.  He                                                              
referred  to the mention  [at an  earlier hearing]  of the  Bongen                                                            
case [State Farm  Fire and Casualty Company v.  Bongen], an Alaska                                                            
Supreme Court case that relates to  the proximate cause section of                                                              
HCS  CSSB  177(L&C).    The  reference  to  the  Bongen  case  had                                                            
indicated it somehow  took away something in existing  Alaska law.                                                              
Again, Mr. Lessmeier said, that is  not so.  He encouraged members                                                              
to review that case.  He stated:                                                                                                
                                                                                                                                
     What  our supreme  court  said in  the  Bongen case  is,                                                                 
     first of all,  that most courts addressing  the validity                                                                   
     of  exclusionary   language  actually  or   functionally                                                                   
     identical  to  that  found   in  the  policy  they  were                                                                   
     interpreting   have   held   that   the   exclusion   is                                                                   
     enforceable.   The court went  on to say, "We  favor the                                                                   
     majority  rule," and  said,  quote, "We  can discern  no                                                                   
     sound policy  reason for  preventing the enforcement  of                                                                   
     the  earth movement  exclusion to which  the parties  in                                                                   
     this  case agreed,"  unquote.  And,  finally, the  court                                                                   
     said,  "The  only  precedent  from  other  jurisdictions                                                                   
     which would  find coverage in spite of  the exclusionary                                                                   
     language is  from California  and Washington."   And the                                                                   
     California  rule   was  derived  from  a   statute;  the                                                                   
     Washington rule just adopted the California rule.                                                                          
                                                                                                                                
     So the impression  that we are ... correcting  something                                                                   
     that the supreme  court changed is just not  an accurate                                                                   
     impression.   What the supreme court did,  in the Bongen                                                                 
     case, is it followed the majority  rule, and it followed                                                                   
     the Alaska  law that  says that  we're [going to]  apply                                                                   
     contract language in an insurance  policy if it is clear                                                                   
     and  unambiguous.   And that  rule has been  with us  in                                                                   
     this state forever.  And this bill would change that.                                                                      
                                                                                                                                
MR. LESSMEIER  informed members that  [State Farm's]  real concern                                                              
with  HCS CSSB  177(L&C)  is that  it changes  the  process:   the                                                              
Director of  [the Division of] Insurance,  who may be  a political                                                              
appointee with no  knowledge of insurance or the  legal system, is                                                              
given  authority,  on  the  basis  of a  single  act,  to  address                                                              
situations such as  the settlement process that  occurs between an                                                              
insured and an insurer.  If this  director is able to assess fines                                                              
and penalties  on the basis of  a single act, the  present balance                                                              
that exists in the law is changed.                                                                                              
                                                                                                                                
MR. LESSMEIER said he interprets  that to mean that if the insurer                                                              
is wrong,  the insurer  has committed  a trade practice  violation                                                              
and it doesn't  matter what the reasons are; it  doesn't matter if                                                              
there was a reasonable basis in fact  in the first-party situation                                                              
or in law.  That sends a message  to insurers that cases involving                                                              
fraud or exaggeration should not  be fought because if such a case                                                              
is  fought and  lost, the  insurer has  violated the  Act and  the                                                              
director may sanction  the insurer for that.  That  is bad for the                                                              
policy holders.  Furthermore, it is unnecessary.                                                                                
                                                                                                                                
Number 1806                                                                                                                     
                                                                                                                                
MR.  LESSMEIER  noted that  his  letter  to Senator  Mackie  dated                                                              
February  29, 2000,  should be  in the  bill packet.   The  letter                                                              
illustrates the  nature of the problem.   For example,  State Farm                                                              
handled  45,000  claims in  Alaska  in  1998.   According  to  the                                                              
[Division of Insurance's] statistics  for State Farm, the division                                                              
received 52  complaints for 1997 and  43 complaints for  1998.  He                                                              
pointed out that it is not known  how many of those complaints are                                                              
valid.   He  suggested  that such  statistics  do  not indicate  a                                                              
problem.  The number of complaints  received by the division don't                                                              
indicate a serious  problem with oversight by the  division of the                                                              
trade practices of insurers.  Furthermore,  remedies already exist                                                              
in law to address such situations,  and those remedies have proven                                                              
quite effective.                                                                                                                
                                                                                                                                
MR. LESSMEIER  acknowledged that  Senator Donley has  made changes                                                              
in this legislation  and has worked with [State Farm]  in order to                                                              
try  to  meet  some  of the  concerns;  however,  there  are  some                                                              
important concerns that he hasn't  been willing to address in this                                                              
bill.   The  first  is found  in  Section 5,  paragraph  (7).   He                                                              
pointed out that in HCS CSSB 177(L&C)  there are subparagraphs (A)                                                              
and (B);  subparagraph  (B) deals with  third-party claimants  and                                                              
says  there is a  basis for  an insurer  to defend  if an  insurer                                                              
offers an  amount that  has a  reasonable basis  in law  and fact.                                                              
Although  the third-party  claimant  recovers substantially  more,                                                              
there would not be a trade practice  violation, which makes sense.                                                              
                                                                                                                                
MR. LESSMEIER told members that if  there is a good faith exercise                                                              
of  judgment based  on law  and fact,  that  shouldn't be  second-                                                              
guessed.   He  noted  that Senator  Donley  didn't  agree to  that                                                              
provision  with regard  to first-party  insurers.   Therefore,  if                                                              
this passes  and is enacted into  law, there would be  a situation                                                              
in which the  insurer would automatically violate this  Act if the                                                              
insurer  loses.  It  wouldn't matter  that there  is a  legitimate                                                              
basis in law and fact for not making a payment.                                                                                 
                                                                                                                                
MR.  LESSMEIER  suggested that  the  committee review  a  proposed                                                              
amendment that  Representative Rokeberg  had drafted,  which would                                                              
allow a director of insurance to  "fine and insure on the basis of                                                              
a single  act, if  the act caused  loss or  harm or was  willful."                                                              
Mr.  Lessmeier recommended  that the  "or willful"  be changed  to                                                              
"and willful" because someone can  always argue that there is loss                                                              
or harm.   Mr. Lessmeier also  recommended deletion of  the change                                                              
to the existing  law contained in the new provision  in Section 7,                                                              
dealing with denial  of causation.  He said the  supreme court has                                                              
addressed that issue, and there is no reason to change that.                                                                    
                                                                                                                                
MR. LESSMEIER noted that with insurance  it is always easy to look                                                              
at  an  individual case.    He  informed  the committee  that  the                                                              
director of [the Division of] Insurance  was asked for examples of                                                              
what  he cannot  do under  the existing  law.   The only  examples                                                              
provided  were  three  or  four   health  insurance  cases.    Mr.                                                              
Lessmeier  emphasized  that  there  is a  collective  effect  when                                                              
action  is taken  based  on individual  instances.   Insurance  is                                                              
great if one can  afford it, but if an insurer's  ability to fight                                                              
fraud  or claims  that  are questionable  is  taken  away, then  a                                                              
disincentive to look closely at such  claims is created.  Whenever                                                              
a fraudulent  or questionable claim  is paid, everyone pays.   The                                                              
challenge  for the  industry is  to keep  products affordable  and                                                              
available.                                                                                                                      
                                                                                                                                
Number 2085                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that  he had two amendments, labeled                                                              
M.1 and M.2.  Amendment M.1 [1-LS0902\M.1, Ford, 4/14/00] read:                                                                 
                                                                                                                                
     Page 4, line 7, following "loss":                                                                                          
          Insert "or harm"                                                                                                  
                                                                                                                                
     Page 4, lines 9 - 10:                                                                                                      
          Delete "whether the violation was a single act or                                                                 
     a trade practice"                                                                                                      
     Insert "the promptness and completeness of remedial action"                                                            
                                                                                                                                
     Page 4, following line 10:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 9.  AS 21.36.320 is amended by adding a new                                                                    
     subsection to read:                                                                                                        
               (h)  If the violation of this chapter is                                                                         
          a single  act, the director  may not impose  a                                                                        
          penalty unless  the violation results  in loss                                                                        
          or harm or is intentional."                                                                                           
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Amendment M.2 [1-LS0902\M.2, Ford, 4/14/00] read:                                                                               
                                                                                                                                
     Page 2, line 29, through page 3, line 6:                                                                                   
          Delete all material and insert:                                                                                       
               "(7)  compel an insured or third-party                                                                       
          claimant regarding a claim  in which liability                                                                    
          is not  at issue to  litigate for recovery  of                                                                    
          an  amount due  under an  insurance policy  by                                                                    
          offering  an  amount  that  does  not  have  a                                                                    
          reasonable basis in law  and fact [INSUREDS TO                                                                    
          LITIGATE  FOR RECOVERY OF  AMOUNTS  DUE  UNDER                                                                        
          INSURANCE  POLICIES BY OFFERING  SUBSTANTIALLY                                                                        
          LESS THAN THE AMOUNTS ULTIMATELY  RECOVERED IN                                                                        
          ACTIONS BROUGHT BY THOSE INSUREDS];"                                                                                  
                                                                                                                                
MR.  LESSMEIER  referred to  amendment  M.2.    He said  with  the                                                              
amendment  to   Section  5,  paragraph  (7),  he   was  proposing,                                                              
regarding  an insured  or third-party  claimant, that  as long  as                                                              
there  is a  reasonable basis  in fact  and law  for the  position                                                              
taken by the  insurer, the insurer shouldn't be found  guilty of a                                                              
trade practice violation.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if  Mr. Lessmeier had seen amendment                                                              
M.1.                                                                                                                            
                                                                                                                                
Number 2168                                                                                                                     
                                                                                                                                
MR. LESSMEIER said  he believes he saw it in  a different version.                                                              
He  encouraged  the  committee,  in  Section  7,  to  [insert  the                                                              
following  language  on  page  4,  following  line  10]:  "if  the                                                              
violation  is a single  act, the  director may  not impose  a fine                                                              
unless the  violation causes  loss or  harm and  is willful."   He                                                              
said this language  would follow the NAIC model Act.   He believes                                                              
that far  more states have  adopted that  as a standard  than what                                                              
has been represented,  as a single violation that  may be based in                                                              
law and fact.                                                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked if  that was included  in amendment                                                              
M.1.                                                                                                                            
                                                                                                                                
REPRESENTATIVE   MURKOWSKI  indicated   that   Mr.  Lessmeier   is                                                              
referring to  [subsection (h)] of  amendment M.1.   She understood                                                              
Mr. Lessmeier  to suggest that the  second "or" in  subsection (h)                                                              
of amendment M.2 be changed to "and".                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG referred to  amendment M.2  and commented                                                              
that he is not  sure he has a clear understanding.   He understood                                                              
Senator Donley  to have an objection  to amendment M.2  because he                                                              
believes it to be key to the entire  bill.  He asked if [amendment                                                              
M.2 addresses]  when there  is a  settlement offer  in a  case and                                                              
there  is an  accusation  on the  part of  the  insured, that  the                                                              
insurance company has low-balled the settlement offer.                                                                          
                                                                                                                                
Number 2260                                                                                                                     
                                                                                                                                
MR. LESSMEIER  clarified that it  could happen in any  situation -                                                              
if, for  example, the  insurer believes there  is no  coverage and                                                              
has a  reasonable basis  in law  or fact  for that, and  therefore                                                              
doesn't offer  any money for a  claim, and later it  is determined                                                              
that there is coverage.  Under this  bill, as written, there would                                                              
be  a  violation  of  the  trade   practices  Act  no  matter  the                                                              
legitimacy of the basis in law or  fact for the insurers position.                                                              
He  recognized  that  perhaps  in   hindsight  one  could  say  an                                                              
interpretation is incorrect.  However,  the feeling is that with a                                                              
reasonable basis in law or fact,  it shouldn't be a trade practice                                                              
violation.                                                                                                                      
                                                                                                                                
MR.  LESSMEIER, in  further response  to Representative  Rokeberg,                                                              
affirmed  that  [such  a  case]  would  always  go  to  court  for                                                              
resolution regardless  of what is done here, because  the division                                                              
is  not  set  up  to  get  involved  in  factual  disputes.    One                                                              
suggestion made to the sponsor was  to change the language so that                                                              
the insurer  had to  have an objectively  reasonable basis  in law                                                              
and fact that is documented in the  insurer's file.  Therefore, if                                                              
the director  felt that the  insurer was acting  unreasonably, the                                                              
director  could  review  what  was  in  the  file  and  make  that                                                              
determination,  and  there would  be  something  to document  that                                                              
decision-making  process.   Mr.  Lessmeier  said  it shouldn't  be                                                              
strict liability such  that if the insurer is wrong  but acting in                                                              
good faith  and having  a reasonable  basis in  law and  fact, the                                                              
insurer would automatically be subject to a fine and penalty.                                                                   
                                                                                                                                
Number 2354                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG said,  "The major  change here with  this                                                              
legislation is  that in existing  statute if there's a  pattern of                                                              
violations, that constitutes the  grounds on which the Director of                                                              
[the Division of]  Insurance could make an investigation  and find                                                              
that there's the  elite trade practices."  He  said he understood,                                                              
then, that  this would essentially  create the same rights  in the                                                              
instance of a  single incident rather than a pattern.   Therefore,                                                              
the director's power is expanded.                                                                                               
                                                                                                                                
MR. LESSMEIER agreed.                                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG  referred  to  amendment  M.2,  which  he                                                              
understood Senator Donley  to believe is a step back.   He said he                                                              
further understood that Mr. Lessmeier  didn't like the language on                                                              
page  2, line 29,  because  it changes  it from a  pattern to  one                                                              
incident.                                                                                                                       
                                                                                                                                
MR. LESSMEIER agreed.                                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG   related  his  understanding   that  Mr.                                                              
Lessmeier is disputing the handling of that single violation.                                                                   
                                                                                                                                
MR. LESSMEIER  agreed and  explained that  changing that  specific                                                              
provision from  a trade practice  to a single incident  results in                                                              
the insurer violating this Act, regardless  of whether the insurer                                                              
was acting in good faith.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG  surmised that this [provision]  speaks to                                                              
a pattern of low-balling in the offer of a settlement.                                                                          
                                                                                                                                
MR. LESSMEIER  affirmed that it is  one [situation] to  which this                                                              
speaks.   This led  to the  suggestion to  require the insurer  to                                                              
document objective  evidence in the file, which  the director then                                                              
could review.                                                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested  that the [insurer] could "cook"                                                              
the file.                                                                                                                       
                                                                                                                                
MR. LESSMEIER  replied that  he felt it  would be difficult  to do                                                              
that after  the fact.   He  added, "Presently,  while there  [are]                                                              
some requirements  that you have  an adequate file,  that specific                                                              
element is not required in all instances."                                                                                      
                                                                                                                                
Number 2480                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  surmised,  then,  that  those  documents                                                              
would be dated.                                                                                                                 
                                                                                                                                
MR. LESSMEIER replied, "Certainly."                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG  also surmised that those  documents could                                                              
prove the  basis of  fact for  [the insurer]  regarding the  lower                                                              
amount.                                                                                                                         
                                                                                                                                
MR. LESSMEIER said it would either prove or disprove it.                                                                        
                                                                                                                                
TAPE 00-64, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Mr. Lessmeier  about the  issue of                                                              
proximate cause and wondered if that is the Section 7 language.                                                                 
                                                                                                                                
MR. LESSMEIER affirmed that.                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  indicated  that  in the  House  Labor  &                                                              
Commerce Standing  Committee [which  he chairs]  he was  under the                                                              
impression  that they  could  begrudgingly accept  it.   He  asked                                                              
whether Mr. Lessmeier's testimony has changed.                                                                                  
                                                                                                                                
MR. LESSMEIER  explained that it is  a part of the bill  that they                                                              
do  not   like;  he   noted  that   Representative  Rokeberg   had                                                              
characterized it accurately.                                                                                                    
                                                                                                                                
Number 0122                                                                                                                     
                                                                                                                                
BOB  LOHR,   Director,  Division   of  Insurance,  Department   of                                                              
Community & Economic Development,  emphasized that the bill is not                                                              
aimed  at an  innocent  mistake by  an insurance  company.   If  a                                                              
mistake  rises to  the level  of devastating  an insurance  policy                                                              
holder or his/her  family through a single action  by an insurance                                                              
company,  that  is  something  that   the  Division  of  Insurance                                                              
believes  should be  subject to  investigation and  administrative                                                              
action by them.  This is especially  the case because SB 177 would                                                              
clarify  that no  private cause  of  action is  allowed under  the                                                              
state's unfair  claims settlement practice statute,  AS 21.36.125.                                                              
If  the Division  of  Insurance does  not  have  the authority  to                                                              
enforce, then no one does.                                                                                                      
                                                                                                                                
MR.  LOHR  referred  to  amendment   M.1  [text  provided  above],                                                              
indicating his belief that it will  effectively gut the single-act                                                              
authority.    It is  difficult  to draw  a  profile  of a  typical                                                              
single-act  violation,  he told  members,  because  it  is a  rare                                                              
occurrence;  therefore,  it is  not  the kind  of  thing that  the                                                              
Division of Insurance  is going to run out and try  to elicit.  He                                                              
noted that they  [single-act violations] do not  occur that often,                                                              
but  when  they   do  occur,  the  harm  to  the   family  can  be                                                              
substantial.   A profile of  a single-act violator  would probably                                                              
be  a company  located  outside  of  the  state that  does  little                                                              
business or  is only  occasionally doing business  in Alaska.   It                                                              
may  refuse  to  solve a  serious  claims  handling  problem,  for                                                              
instance, because  there may  be an economic  incentive to  do the                                                              
wrong thing.                                                                                                                    
                                                                                                                                
MR. LOHR  said the  single-act enforcement  authority provided  to                                                              
the division could  solve this problem, or at least  nip it in the                                                              
bud.   He  doesn't  believe  that there  is  a risk  of  excessive                                                              
enforcement.   Although  the Division of  Insurance has  political                                                              
appointees, they  may lack extensive  experience in  the insurance                                                              
industry.   Typically,  it works  to the benefit  of the  industry                                                              
because those political appointees  may be approachable on issues.                                                              
                                                                                                                                
MR.  LOHR emphasized  that the  division cannot  afford to  pursue                                                              
single  acts unless  those  are very  serious,  certainly in  this                                                              
budget climate.   In  any case, a  hearing officer would  overturn                                                              
any  overzealous   enforcement  effort  during  the   due  process                                                              
hearing.  Anyone  accused of a violation that carries  a penalty -                                                              
including, if enacted, this single-act  authority - would have the                                                              
right  to a  due process  hearing.   As  a  fail-safe measure,  of                                                              
course,  superior  court is  available  to review  the  division's                                                              
decisions and overturn any that are unfair.                                                                                     
                                                                                                                                
MR. LOHR assured  the committee that if the Division  of Insurance                                                              
were foolish  enough to try to  act on a single  innocent mistake,                                                              
it would be overturned  by the courts if it got that  far.  A more                                                              
typical  pattern would  be, in the  case of  a serious  violation,                                                              
that  first  the  division  would   look  to  restitution  by  the                                                              
consumer.  Second, it would require  a plan for avoiding a similar                                                              
occurrence  by  the insurance  company  in  the  future.   If  the                                                              
company  were unwilling  to  come under  compliance  or failed  to                                                              
follow through  on implementing its  plan to avoid  future serious                                                              
mistakes,  then a  fine may  be appropriate,  which  is what  this                                                              
authority would provide.   He believes that the  bill will improve                                                              
the quality of  claims handling by insurance companies  in Alaska.                                                              
It  will  benefit  policy holders,  insurance  companies  and  the                                                              
public.                                                                                                                         
                                                                                                                                
Number 0294                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  indicated she has heard  concern that SB
177 gives the director of the Division  of Insurance a fair amount                                                              
of  discretion.   She  wondered how  much  authority the  director                                                              
currently has in looking at these  things and saying, "Well, there                                                              
truly was a  reasonable basis in  fact for this offer;  it was not                                                              
just a  low-ball offer just  to make a  low-ball offer and  try to                                                              
get away  with it."   Representative Murkowski  said she  does not                                                              
know enough  about what  the statutes say  at this point,  but she                                                              
was just wondering if they need to  put some parameters around the                                                              
director's authority to give some people satisfaction.                                                                          
                                                                                                                                
MR. LOHR conveyed  his understanding that the  division's latitude                                                              
with respect to  enforcement is currently quite broad,  and SB 177                                                              
would add  a new category but  would not broaden  that discretion.                                                              
He  does believe  that currently  the requirement  to trigger  the                                                              
unfair  claims statute  is a  general business  practice, and  the                                                              
division's  regulations have defined  that to  mean "1  percent or                                                              
more of claims  mishandled within a  year by a company."   He said                                                              
that Mr. Lessmeier  had indicated State Farm is  nowhere near that                                                              
[level], nor  is any company.  In  fact, if all of  the violations                                                              
received by  the division  were assumed to  be valid -  which they                                                              
certainly are  not -  that would  not amount to  1 percent  of the                                                              
claims  handling of  the  largest companies  such  as State  Farm;                                                              
therefore,  that  1  percent  standard  is  effectively  moot  and                                                              
inapplicable to any real situation in Alaska.                                                                                   
                                                                                                                                
MR. LOHR continued.  He said the  second standard in regulation is                                                              
multiple violations - at least two  - of the same standard without                                                              
an  adequate  explanation;  he  indicated  that  the  Division  of                                                              
Insurance  had proposed  that  regulations say  there  would be  a                                                              
minimum of three [violations].  As  to whether to pursue a case or                                                              
not, the  Division of Insurance has  wide discretion and  has used                                                              
that discretion  to not pursue cases  in any sort of  frivolous or                                                              
cavalier  manner.  They  are not  getting turned  down within  the                                                              
hearing process  by the  Division of Insurance,  and they  are not                                                              
getting turned down, to his knowledge,  by the superior court.  He                                                              
would expect that to be the pattern if SB 177 were enacted.                                                                     
                                                                                                                                
Number 0426                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked what  power  the  director of  the                                                              
Division  of  Insurance  has  currently   if  there  is  a  single                                                              
incident.   He  also asked  Mr. Lohr  whether his  hands are  tied                                                              
entirely.                                                                                                                       
                                                                                                                                
MR. LOHR indicated that, effectively,  that is the case under this                                                              
statute, but elsewhere in Title 21  there is single-act authority.                                                              
If an agent or broker were tapping  a trust fund, for example, the                                                              
division  would not  need to  wait for  that to  become a  general                                                              
pattern,   thankfully,  and   they  do   have  a  very   effective                                                              
enforcement arm within the division.                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG  requested   confirmation  that  if  [the                                                              
division] gets a complaint from a  consumer under the terms of the                                                              
policy,  [the   division]  cannot   pursue  it  other   than  make                                                              
inquiries.                                                                                                                      
                                                                                                                                
MR. LOHR clarified that they have  consumer protection specialists                                                              
who work  with that customer,  to try  to ensure that  the company                                                              
has  applied the  law, the  regulations, and  [the company's]  own                                                              
policy language  in a proper fashion.   If the division  detects a                                                              
mistake,  often  they  can  assist that  customer  in  getting  it                                                              
remedied.   But  in  terms of  administrative  action toward  that                                                              
company for  a single  act, no  matter how  serious, they  have no                                                              
authority to act.                                                                                                               
                                                                                                                                
Number 0507                                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG   requested   confirmation   that   [the                                                              
division] can look after the consumer  complaint, but cannot bring                                                              
any heat on the company for an single act.                                                                                      
                                                                                                                                
MR. LOHR said  that is correct.   Recently they have had  a couple                                                              
of cases  where the  Employee Retirement  and Income Security  Act                                                              
(ERISA)  preempted them  from having  any authority  at all,  but,                                                              
because of consumer questions, they  have gotten involved and used                                                              
informal  cooperation  with the  company  to  resolve those  in  a                                                              
manner favorable to the customer.                                                                                               
                                                                                                                                
REPRESENTATIVE CROFT inquired whether  it is mainly in the area of                                                              
claim settlement practices  that [the division] does  not have the                                                              
single-act authority.                                                                                                           
                                                                                                                                
MR. LOHR affirmed that.                                                                                                         
                                                                                                                                
REPRESENTATIVE  CROFT referred  to paragraph  (9) on  page 3  [HCS                                                              
CSSB 177(L&C)], where  it read, "attempt to settle  a claim on the                                                              
basis of an application that has  been altered without the consent                                                              
of the insured."   He asked, "A  single act of that and  you don't                                                              
have authority to discipline the insurer?"                                                                                      
                                                                                                                                
MR. LOHR  replied that  it is  current statute,  and it  currently                                                              
requires multiple  acts without a  valid explanation or  1 percent                                                              
of total  claims handled under  the regulations adopted  under the                                                              
current statute.                                                                                                                
                                                                                                                                
REPRESENTATIVE  CROFT referred to  Mr. Lessmeier's testimony  with                                                              
regard to paragraph (7), page 2,  [HCS CSSB 177(L&C)].  He pointed                                                              
out that  the current standard  is a  pattern or practice  that is                                                              
substantially low.  A single instance  of low-balling would not be                                                              
appropriate for punishment,  but a pattern or practice  might.  He                                                              
recommended changing  paragraph (7), subparagraph (a),  by putting                                                              
the pattern  or practice  back in  "for the  primary insured  low-                                                              
balling part,  and then the (B)  would still remain  'a reasonable                                                              
basis in  law and  fact'."   He asked  whether changing  paragraph                                                              
(7),  subparagraph  (a),  would  bring  it  back  to  the  current                                                              
standard.                                                                                                                       
                                                                                                                                
MR.  LOHR said  he  believes that  is  correct  and recommends  an                                                              
approach  like that,  because he  would  hate to  see the  current                                                              
standard  for pattern  or practice  weakened.   He  added that  he                                                              
believes Mr. Lessmeier's  amendment would weaken  the standard for                                                              
a pattern or practice.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG  indicated that the whole issue  has him a                                                              
little troubled,  because they  are going  to create a  single-act                                                              
violation, but  what about the  multiple-act violation?   It would                                                              
seem  that it would  be raised  to a  higher level.   He  wondered                                                              
whether the loss of distinction is good or bad.                                                                                 
                                                                                                                                
Number 0662                                                                                                                     
                                                                                                                                
SENATOR DAVE DONLEY, Alaska State  Legislature, sponsor of SB 177,                                                              
suggested it might be a way out of  the "box."  He agreed with Mr.                                                              
Lohr  about maintaining  the  status quo  for  multiple acts  when                                                              
there is a pattern  of a company offering less than  what it later                                                              
loses in court;  he mentioned isolating that and  saying that, for                                                              
those types  of incidents, there needs  to be a pattern,  but then                                                              
going  with  Mr.  Lessmeier's suggestion  for  the  language  that                                                              
currently appears  on page  3, line 3  [HCS CSSB 177(L&C)],  to be                                                              
changed to  apply to both a first  party and a third  party, which                                                              
would  be  okay  as  long as  they  could  maintain  the  existing                                                              
standard for  multiple acts.   Senator  Donley emphasized  that he                                                              
does not want his bill used to weaken existing standards.                                                                       
                                                                                                                                
MR. LOHR said he thinks that approach is a sound one.                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG  indicated that it is the  only thing that                                                              
has been troubling him.                                                                                                         
                                                                                                                                
Number 0803                                                                                                                     
                                                                                                                                
MR. LESSMEIER  asserted that  [the legislators] are  unnecessarily                                                              
complicating  this.   He  strongly  believes that  if  there is  a                                                              
reasonable  basis   in  law  and  fact,  particularly   if  it  is                                                              
documented in  the insurer's file,  there should not be  a second-                                                              
guessing  of that  judgment.   If  it is  treated one  way in  the                                                              
individual  sense  and another  way  in  the multiple  sense,  the                                                              
question, then, is  what standard to apply in  the multiple sense.                                                              
And why apply  a different standard?  He wondered  why they cannot                                                              
come up with a single objective standard  that allows the exercise                                                              
of good-faith  judgment  in both  senses.  Mr.  Lessmeier said  he                                                              
thinks they all  want to address the situation  of low-balling, or                                                              
the situation where someone is not  making a good-faith settlement                                                              
effort,  but  if they  do  not  create an  objective  standard  to                                                              
implement  that, they  are  in never-never  land.   The  objective                                                              
standard  for them  is  a defense  and  should  be something  that                                                              
benefits the  director of  the Division of  Insurance in  terms of                                                              
administering  evenhanded  enforcement,   which  ultimately  would                                                              
benefit the consumer.                                                                                                           
                                                                                                                                
REPRESENTATIVE  JAMES  indicated  her  understanding  that  it  is                                                              
needed in a singular  case when it is egregious.   She wondered if                                                              
that is what they are getting to.                                                                                               
                                                                                                                                
MR.  LESSMEIER said  no, he  thinks  they are  proposing that  the                                                              
language "reasonable basis in law  and fact" be used in the single                                                              
instance.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  ROKEBERG  added,  "And  then  leave  the  existing                                                              
language as status quo."                                                                                                        
                                                                                                                                
MR. LESSMEIER  suggested it would  be better to  adopt "reasonable                                                              
basis  in law  and  fact"  for both  standards.   He  referred  to                                                              
Representative James' comment, saying  that if they are getting to                                                              
an egregious situation, he thinks  they have the authority to deal                                                              
with that if there is no basis in law or fact.                                                                                  
                                                                                                                                
Number 0969                                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG   asked  if   Mr.   Lessmeier  had   any                                                              
recommendations  with  regard to  Section  7, the  term  "dominant                                                              
cause," that would help him feel better about the language.                                                                     
                                                                                                                                
MR. LESSMEIER  informed the committee  that the supreme  court has                                                              
only recently issued  another opinion in this area;  it was a case                                                              
in which  his law firm  was involved.   The supreme court  made it                                                              
very  clear that  the  only  way an  insurer  can use  the  Bongen                                                            
exclusion is  if there is  very clear language  that if a  loss is                                                              
caused by  a combination of an  excluded risk and a  covered risk,                                                              
there is  no coverage;  that is the  only time  they can  use that                                                              
exclusion.   He restated  that this  tinkering with a  complicated                                                              
area  of  the  law  is  truly  unnecessary  and  will  create  new                                                              
complexities and lots of additional litigation.                                                                                 
                                                                                                                                
Number 1082                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG wondered  if [Section  7] would  preclude                                                              
the ability to draft a clear Bongen exclusion in a contract.                                                                  
                                                                                                                                
MR. LESSMEIER  indicated it would  change the law in  that regard,                                                              
because they would  have to redraft an exclusion  that has already                                                              
been  before the  supreme court,  to change  it in  light of  this                                                              
statutory  revision.   They  will  be litigating  complex  factual                                                              
patterns  as to what  is dominant  and what  is not.   There  is a                                                              
history of  litigation that goes  for years and years  until there                                                              
is reasonable predictability.  He  said [State Farm] can live with                                                              
the language, but it is not a wise thing to do.                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked whether adding language  so that an                                                              
insurer  could provide  for an  exclusion,  if it  is clearly  set                                                              
forth in the contract, would help any.                                                                                          
                                                                                                                                
MR. LESSMEIER said  he does not believe so, because  it is already                                                              
the  law.   What adopting  a  contract like  that,  they would  be                                                              
saying, "You  can write a contract,  it can be crystal  clear, but                                                              
we've  taken your  ability away  to contract  in this  area."   He                                                              
pointed  out that  the statute  will  always govern,  and the  law                                                              
already says that if an exclusion  is going to be given effect, it                                                              
has to be crystal  clear.  In fact, Mr. Bongen  had testified that                                                              
he  read the  exclusion, and  once he  read it,  he realized  that                                                              
there  was  no  coverage;  it  was crystal  clear  to  him.    Mr.                                                              
Lessmeier  said he  is not  sure  what can  be done  to change  it                                                              
[Section 7] other  than delete it, because right now,  if it is an                                                              
exclusion, it  essentially has to  be a substantial factor  of the                                                              
loss  in order  for  it to  be applied.    Now they  are going  to                                                              
"dominant  cause,"  changing that  standard  injects  a whole  new                                                              
complexity into that area; again, it is not a healthy thing.                                                                    
                                                                                                                                
Number 1227                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GREEN  asked  Mr.   Lessmeier  whether,   in  his                                                              
association  with  State  Farm,  has  found this  to  be  a  major                                                              
problem.   He further asked whether  there has been  litigation in                                                              
his company with regard to low-balling.                                                                                         
                                                                                                                                
MR. LESSMEIER replied that he does  not see that.  Particularly in                                                              
the  first-party context,  there  is tremendous  incentive for  an                                                              
insurer  not to  engage  in that  kind  of conduct.    He gave  an                                                              
example of a  denial of claims for first-party  cases; it involved                                                              
about a $17 million  punitive damage award against  Aetna for that                                                              
sort of  conduct.   Mr. Lessmeier  said it  is important  that the                                                              
committee understand that in the  first-party context, the insurer                                                              
has to be very careful not to pay  a claim, and the reason is that                                                              
there are  special duties  owed to  the insurer as  a result  of a                                                              
contract.  They  can set aside these statutes; there  is a duty of                                                              
good faith,  and an insurance company  can be sued for  bad faith.                                                              
Therefore,  there  is tremendous  incentive  not  to fight  claims                                                              
unless there  is a reasonable and  objective basis to  fight them.                                                              
Insurers  that  deny  first-party   claims  have  to  do  it  very                                                              
carefully, and had better have a good basis for doing it.                                                                       
                                                                                                                                
MR.  LESSMEIER  noted  that  the   bad-faith  cases  involve  huge                                                              
expenses  of  time   and  money  to  defend,  even   if  they  are                                                              
successfully  defended.    The  question  is why  this  is  really                                                              
necessary.  He  pointed out that there are many  existing remedies                                                              
under the  law.   He understood  Senator Donley  when his  initial                                                              
concern was that the $500 case is  not economically justifiable to                                                              
be taken to court, he said, and the  insurance company knows that,                                                              
and they  offer $400  so that they  will save  $100.  The  company                                                              
which does  that is doing it at  its own peril under  existing law                                                              
because  of the  potential  for  punitive damages.    If  it is  a                                                              
question of judgment, the law should not penalize the insurer.                                                                  
                                                                                                                                
Number 1436                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  said he was  confused by that  last example.                                                              
He noted  that the example  is taking  $500 claims -  knowing that                                                              
there  is no  incentive  to litigate  - and  taking  half of  them                                                              
across thousands  of claims.   He asked:   If  he is one  of those                                                              
affected people  [mentioned in  the example],  is he going  to sue                                                              
for $500  and get a substantial  punitive damage award?   He added                                                              
that  the  punitive damage  is  capped  at  some multiple  of  the                                                              
damage.                                                                                                                         
                                                                                                                                
MR. LESSMEIER said that is not correct.                                                                                         
                                                                                                                                
REPRESENTATIVE CROFT disagreed.                                                                                                 
                                                                                                                                
MR. LESSMEIER  explained that there  are alternatives  for conduct                                                              
like that  which [bring]  the maximum  cap to  much higher  than a                                                              
multiple of compensatory damages.                                                                                               
                                                                                                                                
REPRESENTATIVE  CROFT  commented  that  the  committee  [regarding                                                              
another  bill] had  sat there  and written  it, and  it is just  a                                                              
different multiple.                                                                                                             
                                                                                                                                
MR. LESSMEIER  answered that the  formula in that instance  has to                                                              
do with the economic  benefit to be gained, and  it applies across                                                              
the board.   He suggested  that the dispute  can be  resolved very                                                              
easily  by reviewing  the  statutes,  and the  cap  goes  up to  a                                                              
maximum of $7 million, he believes.                                                                                             
                                                                                                                                
Number 1473                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  acknowledged that it is a  multiple of those                                                              
and an economic  benefit.  However,  he posed a scenario  in which                                                              
he is  going to litigate  a $500 claim  because he wants  to prove                                                              
something to  the rest of the world.   He asked whether  it really                                                              
makes more  sense to rely  on people who  have been bilked  $100 -                                                              
and then to multiply that 1,000 times  - and to litigate that, all                                                              
the way through, against a big insurance  company; or does it make                                                              
more  sense to  have  Mr. Lohr,  as director  of  the Division  of                                                              
Insurance, find those  and stop them.  Representative  Croft asked                                                              
which is  a more efficient and  rational system for  stopping that                                                              
conduct.                                                                                                                        
                                                                                                                                
MR. LESSMEIER suggested  it is probably a combination  of both, so                                                              
long as  they are reasonable.   First,  attorneys are  standing in                                                              
line to  take class action  cases exactly as Representative  Croft                                                              
has  described.   Second, that  balance  must be  created but  not                                                              
changed all  the way; and  SB 177 as  written changes  the balance                                                              
all the way because it says that  if an insurer loses, the Act has                                                              
been violated.  He suggested that  isn't what Representative Croft                                                              
wants to say.                                                                                                                   
                                                                                                                                
Number 1599                                                                                                                     
                                                                                                                                
SENATOR DONLEY  noted that a statement  was made that there  is no                                                              
need to deal with the proximate cause  issue; however, he believes                                                              
there is  a big  need to deal  with that.   He commented  that the                                                              
wish  to discuss  the  need is  not  his idea  but  came from  the                                                              
Division  of  Insurance   even  before  Mr.  Lohr   was  appointed                                                              
director; the previous director felt  the issue was important too.                                                              
Therefore, he observed, this issue  has gone through two levels of                                                              
leadership, and both  directors thought it was  very important for                                                              
Alaskan  consumers.   He said  it  is interesting  that this  very                                                              
issue has been recently re-litigated  by the West Virginia Supreme                                                              
Court, pointing  out in the Murray  case that there is  a split in                                                            
jurisdictions on this  subject.  He indicated  that the California                                                              
case,  Mr. Lessmeier's  cited case  identified as  occurring in  a                                                              
Pacific Coast state, a Georgia case,  and a West Virginia case all                                                              
go along  with the  type of  definition  proposed by  SB 177.   He                                                              
noted  that  four or  five  other  jurisdictions use  a  different                                                              
proposal.                                                                                                                       
                                                                                                                                
Number 1706                                                                                                                     
                                                                                                                                
SENATOR DONLEY said what Mr. Lessmeier  was talking about was that                                                              
although  the  consumer  knows what  he/she  is  getting,  because                                                              
insurance  companies write  it specifically,  the consumer  has no                                                              
negotiating  power  whatsoever  because  these  are  contracts  of                                                              
adhesion.   The insurance  company writes  its contract  and says,                                                              
"Now, you buy  it or don't buy  it."  He recognized that  there is                                                              
an  anticipated  danger  here  of   rewriting  contracts  to  take                                                              
advantage of  this case in order  to make sure that, if  there are                                                              
multiple  causes,  they  can  be excluded.    However,  the  much-                                                              
superior public  policy is  to say that  if something  is excluded                                                              
and it is a  dominant cause, not just one of  several causes, that                                                              
should be excluded.                                                                                                             
                                                                                                                                
SENATOR DONLEY  said he thinks that  should be the law  in Alaska,                                                              
and even the Alaska Supreme Court  had pointed out that there is a                                                              
lack of statutory  guidance on this  subject.  People buy  fire or                                                              
flood insurance thinking that if  there is a flood or a fire, then                                                              
they  have  coverage;  yet,  perhaps  because  there  is  another,                                                              
unexpected  cause in  there,  all of  a sudden  they  do not  have                                                              
coverage.   He  thinks that is the better public  policy, and that                                                              
is what the court is asking the legislature  to tell the insurance                                                              
companies.  That is what SB 177 does, to his belief.                                                                            
                                                                                                                                
Number 1785                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA mentioned the  memorandum dated  March 9,                                                              
2000, written to  Mr. Lohr from Dale Whitney.  She  said it caught                                                              
her eye because it says that in a  major earthquake, a majority of                                                              
homeowners in  the state  would have no  coverage.  This  would be                                                              
true even  for an insured who  had suffered an earthquake  loss in                                                              
which a  covered peril  contributed, when  the earthquake  was the                                                              
real cause  of the  loss.   Surmising that  what isn't covered  is                                                              
earthquake loss, she asked whether that is the way it works.                                                                    
                                                                                                                                
MR. LOHR said that would be the case.   However, the memorandum is                                                              
in error with  respect to the specific example  chosen because the                                                              
insurance services  office that writes  typical policy  language -                                                              
"boilerplate, if you will" - does  not exclude fire coverage if an                                                              
earthquake is  involved.  Therefore,  the earthquake example  is a                                                              
bad one.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA said that  had not  sounded right  to her                                                              
either.                                                                                                                         
                                                                                                                                
Number 1865                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT commented that  he lives in the Chester Creek                                                              
Valley where,  because it will  occasionally flood, he  cannot get                                                              
flood insurance; however, he can  get earthquake insurance because                                                              
the valley is fairly stable.  Chester  Creek could flood his house                                                              
or basement, which is not covered,  and he is also fairly near the                                                              
water.  If there  were an earthquake, it could cause  a tidal wave                                                              
or flood  up the  creek.   He asked what  his insurance  situation                                                              
would be  since he has earthquake  insurance but has  an exclusion                                                              
for a flood.                                                                                                                    
MR.  LOHR replied  that he  had learned  his  lesson, frankly,  in                                                              
terms of hypotheticals; he will only  use hypotheticals from court                                                              
cases where the facts are set out as the basis for discussion.                                                                  
                                                                                                                                
Number 1930                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT asked  Senator Donley  whether that  type of                                                              
thing is what the committee is worried about here.                                                                              
                                                                                                                                
SENATOR DONLEY replied  in the affirmative.  He indicated  it is a                                                              
situation  where  Representative  Croft,  as a  consumer,  buys  a                                                              
certain class of insurance, for example,  but does not buy another                                                              
class  of insurance  or cannot  get it.   Senator  Donley posed  a                                                              
situation where something happens,  caused by both [earthquake and                                                              
fire,  for example].    He remarked  that under  new  case law  in                                                              
Alaska, the consumer has no coverage.   However, the better public                                                              
policy  call here  is that  the nonexcluded  risk  - the  dominant                                                              
cause rather than  a cause - should be covered, and  if the causes                                                              
are equal,  he thinks  that the  consumer should  be covered.   He                                                              
added that if the  cause is dominant and the consumer  did not pay                                                              
for  it, then  no,  the  consumer should  not  get  coverage.   He                                                              
suggested it is  easy to write a policy to say that  if a cause is                                                              
dominant, the consumer does not get coverage.                                                                                   
                                                                                                                                
REPRESENTATIVE  CROFT surmised,  then, that  he would  be able  to                                                              
argue that the dominant cause in  his own case was the earthquake,                                                              
which caused the [flood] that was secondary to the earthquake.                                                                  
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
SENATOR DONLEY  said that is right  if the West  Virginia standard                                                              
is used.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  noted   that  one  suggestion  from  Mr.                                                              
Lessmeier  was the  reasonable basis  in fact,  documented in  the                                                              
insurer's  file.   He asked  whether Mr.  Lohr had  an opinion  on                                                              
that.                                                                                                                           
                                                                                                                                
MR.  LOHR said  he  had not  seen  that language  but  has had  it                                                              
described  to  him over  the  telephone.    He had  considered  it                                                              
carefully with  the Office of  the Attorney General  and, frankly,                                                              
had a bit of  difficulty understanding it.  He  explained that the                                                              
same question had arisen as to how  reliable the document filed in                                                              
the  company's  possession would  be,  and  whether that  is  best                                                              
public policy.  If the notion is  that the director shall consider                                                              
the documents, that would be a very  good suggestion; he mentioned                                                              
that a mandatory  factor for consideration in  deciding whether to                                                              
bring an action would be to look at all of the documents.                                                                       
                                                                                                                                
MR. LOHR  indicated that he  is not sure a  nudge is needed  to do                                                              
that because  the division  would do it  anyway, and  the division                                                              
quite  routinely  has full  authority  to  get at  the  documents.                                                              
However, if the  legislature wants to make sure  that the division                                                              
considers the  documents, that  is reasonable  in terms  of having                                                              
the entire decision  turn on that basis.  It  creates an incentive                                                              
in terms of the file contents.                                                                                                  
                                                                                                                                
Number 2128                                                                                                                     
                                                                                                                                
SENATOR  DONLEY   reminded  the   committee  that   Representative                                                              
Rokeberg had  a draft amendment  [M.1], part  of which he  and the                                                              
director believe is  fine.  He said he didn't have  an actual copy                                                              
of the draft  amendment but the middle section is  fine.  However,                                                              
he doesn't like the bottom or top portions.                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  explained that  Senator  Donley did  not                                                              
like  the part  on the bottom of amendment M.1  that says, "If the                                                              
violation of  this chapter is a  single act, the director  may not                                                              
impose a penalty  unless the violation results in  loss or harm or                                                              
is  intentional."   He  asked Senator  Donley  why  he found  that                                                              
objectionable.                                                                                                                  
                                                                                                                                
Number 2170                                                                                                                     
                                                                                                                                
SENATOR DONLEY explained that he  wants the director to be able to                                                              
take action to protect other people.   If something is done and it                                                              
is obviously a violation  of the Act - even if there  is no harm -                                                              
the  division  should  be  able  to  issue  a  directive  or  seek                                                              
corrective  action   so  that  future   people  are   not  harmed.                                                              
Therefore, he does not think requiring  a harm to occur beforehand                                                              
is  necessarily the  best public  policy if  the public  is to  be                                                              
protected.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  suggested the  harm  would have  already                                                              
occurred  and resulted in  a grievance.   Just  the act  of saying                                                              
that an insurance  coverage contract is not being  fulfilled and a                                                              
consumer  is being  harmed  [should  not be  enough  to trigger  a                                                              
directive].                                                                                                                     
                                                                                                                                
Number 2240                                                                                                                     
                                                                                                                                
MR. LOHR said  the language, in his opinion, is  infinitely better                                                              
than  with "and,"  which he  thinks would  gut SB  177.  The  "or"                                                              
language does  not have the  same effect of rendering  meaningless                                                              
the entire single-act authority.                                                                                                
                                                                                                                                
REPRESENTATIVE   ROKEBERG  commented   that   Mr.  Lessmeier   had                                                              
recommended "willful"  rather than "intentional."   He asked which                                                              
is the higher standard.  Or does it make any difference?                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA  replied that "intentional"  is the higher                                                              
standard.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked whether  someone had looked  at the                                                              
phrase "results in loss or harm or intentional."                                                                                
                                                                                                                                
MR.LOHR said the division will live  with any standard adopted, of                                                              
course, because that is the job of bureaucrats.                                                                                 
                                                                                                                                
REPRESENTATIVE  ROKEBERG   asked  whether  Mr.  Lohr   finds  that                                                              
[language] objectionable.                                                                                                       
                                                                                                                                
MR. LOHR replied that he prefers  the approach that Senator Donley                                                              
has outlined.   The division  will still use single-act  authority                                                              
where necessary under that standard, if it is enacted.                                                                          
                                                                                                                                
Number 2357                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he would  "correct the one thing" and                                                              
not delete the single-act authority on "the page 4, line 4 one."                                                                
                                                                                                                                
SENATOR  DONLEY  restated  that  he  didn't have  a  copy  of  the                                                              
amendment.                                                                                                                      
                                                                                                                                
Number 2383                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA requested  an example of an instance where                                                              
there is  no harm.   She asked  whether they  are talking  about a                                                              
situation  where  there  has  been a  violation  but  the  company                                                              
recognizes it, so that in the long run there is no harm.                                                                        
                                                                                                                                
MR. LOHR answered that he frankly  cannot imagine an example where                                                              
no harm  would occur.   The  examples the  division has  chosen to                                                              
focus on  regarding enforcement  priorities  would be those  where                                                              
harm or loss is  a central factor to the consumer.   He added, "We                                                              
try to  seek restitution first,  seek prevention second,  and then                                                              
seek  a  fine  if  necessary  to  compel  proper  conduct  by  the                                                              
company."                                                                                                                       
                                                                                                                                
SENATOR DONLEY  said he  could think of  examples.  For  instance,                                                              
there could be a  pre-authorized claim but a refusal  to pay.  Six                                                              
months could  go by  without the  bill being  paid, but  then they                                                              
agree  to pay the  bill.   Perhaps there  is no  actual harm  that                                                              
occurs to  the consumer.  He  acknowledged that there  are stories                                                              
in which significant harm does occur  to families.  He returned to                                                              
the scenario  in which  there is  no harm  because the family  has                                                              
enough of its own money to pay the bill.                                                                                        
                                                                                                                                
TAPE 00-65, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
SENATOR DONLEY told  members he still believes  the director ought                                                              
to be  able to step in  and say that  [waiting] a year  was wrong.                                                              
"You  recognized it  and correct[ed]  it,  but we  don't want  you                                                              
doing this anymore," he added.                                                                                                  
                                                                                                                                
REPRESENTATIVE  KERTTULA  responded that  it  would  boil down  to                                                              
whether  that is  a harm.   She  conveyed  her understanding  that                                                              
Senator Donley was  saying maybe there is no harm  there; however,                                                              
she thinks there probably is one.                                                                                               
                                                                                                                                
Number 0037                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  asked why Senator Donley  objects to the                                                              
first  part of  Representative Rokeberg's  amendment, then,  which                                                              
inserts "or harm".  She pointed out that it is not "and harm".                                                                  
                                                                                                                                
SENATOR  DONLEY said  he guesses  that he doesn't  have a  problem                                                              
with that,  nor a problem with the  change on page 4,  lines 9 and                                                              
10.                                                                                                                             
                                                                                                                                
Number 0070                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG specified  that he would not delete line 4                                                              
of amendment M.1,  however.  Line 4 of amendment  M.1, relating to                                                              
page 4, lines 9-10, of the bill, read:                                                                                          
                                                                                                                                
       Delete "whether the violation was a single act or a                                                                      
     trade practice"                                                                                                            
                                                                                                                                
Line 5 of amendment M.1 read:                                                                                                   
                                                                                                                                
     Insert "the promptness and completeness of remedial action"                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG  continued, indicating he would  have line                                                              
5 [of amendment M.1], say the following instead:                                                                                
                                                                                                                                
         Insert after "violation" "the prompt[ness] and                                                                       
     completeness of remedial action"                                                                                         
                                                                                                                                
REPRESENTATIVE  CROFT requested  confirmation that  Representative                                                              
Rokeberg was keeping "or."                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  affirmed  that.   He  restated  that  on                                                              
amendment  M.1 he wouldn't  delete  line 4, because  that makes  a                                                              
distinction between  whether it is a single [incident]  or a trade                                                              
practice.                                                                                                                       
                                                                                                                                
Number 0201                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  made a motion  to adopt amendment  M.1 [text                                                              
provided above] as Amendment 1.                                                                                                 
                                                                                                                                
REPRESENTATIVE  ROKEBERG  objected  for the  purpose  of  amending                                                              
Amendment 1.  He  made a motion to delete line  4 of the amendment                                                              
[set forth  previously] and  on line 5  [of the amendment],  after                                                              
"Insert", to say "after the word  'violation'".  Therefore, line 9                                                              
of  page  4  of  the  bill  would  read,  "factors  including  the                                                              
seriousness of  the violation, the promptness and  completeness of                                                              
remedial  action," and  it would  leave the  phrase, "whether  the                                                              
violation was  a single  act or a trade  practice".   He indicated                                                              
the remainder of the amendment would be as written.                                                                             
                                                                                                                                
REPRESENTATIVE  CROFT noted that  it would leave  it as "or".   He                                                              
said that is fine as an amendment to Amendment 1.                                                                               
                                                                                                                                
Number 0277                                                                                                                     
                                                                                                                                
CHAIRMAN  KOTT  asked  whether  there  was any  objection  to  the                                                              
adoption of  the amendment to Amendment  1.  There being  none, it                                                              
was  so ordered.   He  asked whether  there was  any objection  to                                                              
Amendment 1 [as  amended].  There being no objection,  Amendment 1                                                              
was adopted.                                                                                                                    
                                                                                                                                
Number 0450                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  offered Amendment  2.  He specified  that he                                                              
wasn't using  proposed written amendment M.2  [1-LS0902\M.2, Ford,                                                              
4/14/00].   He referred members to  page 2 of the  bill, paragraph                                                              
(7),  as  well as  to  the  language  offered  in writing  by  Mr.                                                              
Lessmeier earlier, which read:                                                                                                  
                                                                                                                                
     Proposed language for CSSB 177 Sec. 5(7)                                                                                   
                                                                                                                                
          (7) compel an insured or third-party claimant in a                                                                    
     case where liability is clear to litigate for recovery                                                                     
     of an amount due under an insurance policy by offering                                                                     
     an amount that does not have an objectively reasonable                                                                     
         basis in fact and law that is documented in the                                                                        
     insurer's file.                                                                                                            
                                                                                                                                
REPRESENTATIVE  CROFT explained  that Amendment  2 would  keep, as                                                              
(7)(A), the current standard but  insert the phrase, "a pattern or                                                              
practice of  compelling".  He specified  that is on page  2, lines                                                              
29-30.  Right  now, paragraph (7) says one cannot  compel insureds                                                              
to litigate for  recovery of amounts due under  insurance policies                                                              
by  offering  substantially  less   than  the  amounts  ultimately                                                              
recovered  in  actions  brought  by the  insured.    He  suggested                                                              
keeping  that; however,  in order  to keep  that effective,  given                                                              
that the  entire bill has  been changed to  say "an act,"  it must                                                              
say there "a pattern or practice  of".  Therefore, (7)(A) would be                                                              
"a  pattern  or  practice  of compelling"  and  then  the  current                                                              
language of  (7), not as  amended by the  bill but as  the current                                                              
statute reads.                                                                                                                  
                                                                                                                                
REPRESENTATIVE CROFT  continued with Amendment 2.   He said (7)(B)                                                              
would be the language provided by  Mr. Lessmeier, set forth above.                                                              
He commented,  "So that  would be  the single-act standard,  under                                                              
the reasonable  basis  in fact  or law,  but we would  ... not  be                                                              
going backwards, if you will, because  we're still keeping the ...                                                              
pattern or practice."                                                                                                           
                                                                                                                                
CHAIRMAN  KOTT  asked  whether  there  was any  objection  to  the                                                              
adoption  of Amendment 2.   There  being no  objection, it  was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Number 0476                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  made a  motion  to move  SB  177 [HCS  CSSB
177(L&C)],   as  amended,   out  of   committee  with   individual                                                              
recommendations and  the attached fiscal note(s).   There being no                                                              
objection, HCS  CSSB 177(JUD) was  moved from the  House Judiciary                                                              
Standing Committee.                                                                                                             
                                                                                                                                
SB 26 - FALSE REPORT TO POLICE/HINDER PROSECUTION                                                                             
                                                                                                                                
CHAIRMAN KOTT announced  that the next order of  business would be                                                              
CS FOR  SENATE BILL  NO. 26(FIN),  "An Act  relating to  hindering                                                              
prosecution  and to providing  false information  or reports  to a                                                              
peace officer."                                                                                                                 
                                                                                                                                
Number 0561                                                                                                                     
                                                                                                                                
MICHAEL  PAULEY,  Staff  to  Senator  Loren  Leman,  Alaska  State                                                              
Legislature,  presented  the  bill   on  behalf  of  the  sponsor.                                                              
Because the  sponsor statement  was in  members' packets  and time                                                              
was  short, he  asked whether  reciting of  the sponsor  statement                                                              
could be suspended.                                                                                                             
                                                                                                                                
CHAIRMAN KOTT granted that request.                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG asked what SB 26 does.                                                                                  
                                                                                                                                
CHAIRMAN KOTT replied, "You lie, you lose."                                                                                     
                                                                                                                                
Number 0603                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES made a  motion to move  CSSB 26(FIN)  out of                                                              
committee with  individual recommendations  and the  attached zero                                                              
fiscal note.   There  being no objection,  CSSB 26(FIN)  was moved                                                              
from the House Judiciary Standing Committee.                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 621                                                                                                                      
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Judiciary Standing Committee meeting was adjourned at 6:31 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects