Legislature(1997 - 1998)

04/28/1997 03:27 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            HOUSE LABOR AND COMMERCE STANDING COMMITTEE                        
                          April 28, 1997                                       
                             3:27 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative John Cowdery, Vice Chairman                                    
 Representative Jerry Sanders                                                  
 Representative Joe Ryan                                                       
 Representative Tom Brice                                                      
 Representative Gene Kubina                                                    
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Bill Hudson                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * HOUSE BILL NO. 223                                                          
 "An Act removing the exemption from overtime pay requirements for             
 work performed under a flexible work hour plan included as part of            
 a collective bargaining agreement."                                           
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE BILL NO. 218                                                            
 "An Act relating to regulation and examination of insurers and                
 insurance agents; relating to kinds of insurance; relating to                 
 payment of insurance taxes and to required insurance reserves;                
 relating to insurance policies; relating to regulation of capital,            
 surplus, and investments by insurers; relating to hospital and                
 medical service corporations; and providing for an effective date."           
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 223                                                                 
 SHORT TITLE: NO OVERTIME EXEMPT FOR CONTRACT FLEXTIME                         
 SPONSOR(S): REPRESENTATIVE(S) JAMES                                           
                                                                               
 JRN-DATE      JRN-PG                 ACTION                                   
 04/01/97       900    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/01/97       900    (H)   LABOR & COMMERCE                                  
 04/28/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
                                                                               
 BILL:  HB 218                                                                 
 SHORT TITLE: OMNIBUS INSURANCE REFORM                                         
 SPONSOR(S): LABOR & COMMERCE BY REQUEST                                       
                                                                               
 JRN-DATE      JRN-PG                 ACTION                                   
 03/27/97       872    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/27/97       872    (H)   LABOR & COMMERCE                                  
 04/04/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
 04/04/97              (H)   MINUTE(L&C)                                       
 04/07/97              (H)   MINUTE(L&C)                                       
 04/18/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
 04/18/97              (H)   MINUTE(L&C)                                       
 04/23/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
 04/23/97              (H)   MINUTE(L&C)                                       
 04/25/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
 04/25/97              (H)   MINUTE(L&C)                                       
 04/28/97              (H)   L&C AT  3:15 PM CAPITOL 17                        
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE JEANNETTE JAMES                                                
 Alaska State Legislature                                                      
 Capitol Building, Room 102                                                    
 Juneau, Alaska 99081                                                          
 Telephone:  (907) 465-3743                                                    
 POSITION STATEMENT:  Sponsor of HB 233.                                       
                                                                               
 ED FLANAGAN, Deputy Commissioner                                              
 Office of the Commissioner                                                    
 Department of Labor                                                           
 P.O. Box 21149                                                                
 Juneau, Alaska 99802-1149                                                     
 Telephone:  (907) 465-2700                                                    
 POSITION STATEMENT:  Testified in support of HB 233.                          
                                                                               
 MARIANNE BURKE, Director                                                      
 Division of Insurance                                                         
 Department of Commerce and Economic Development                               
 P.O. Box 110805                                                               
 Juneau, Alaska 99811-0805                                                     
 Telephone:  (907) 465-2515                                                    
 POSITION STATEMENT:  Reviewed HB 218.                                         
                                                                               
 MICHAEL LESSMEIER, Attorney                                                   
 Lessmeier and Winters                                                         
 One Sealaska Plaza, Suite 303                                                 
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-5912                                                    
 POSITION STATEMENT:  Responded to questions on HB 218.                        
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-51, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                  
 Standing Committee to order at 3:27 p.m.  Members present at the              
 call to order were Representatives Rokeberg, Cowdery, Brice and               
 Ryan.  Representatives Sanders and Kubina arrived at 3:30 p.m.                
                                                                               
 HB 223 - NO OVERTIME EXEMPT FOR CONTRACT FLEXTIME                             
                                                                               
 [Contains discussion of HB 68.]                                               
                                                                               
 Number 0046                                                                   
                                                                               
 CHAIRMAN NORMAN ROKEBERG announced the first order of business                
 would be HB 223, "An Act removing the exemption from overtime pay             
 requirements for work performed under a flexible work hour plan               
 included as part of a collective bargaining agreement."                       
                                                                               
 Number 0065                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES, sponsor of HB 223, came before the            
 committee.  She explained one of the issues that came up on the               
 House floor regarding HB 68 was that there isn't a level playing              
 field in that if you want to do something, and you're covered by a            
 collective bargaining agreement, you could do it.  If you aren't              
 covered by a collective bargaining unit, you couldn't do it.  She             
 said there seems to be some dichotomy, in statute, that would                 
 mandate that people should have a collective bargaining agreement             
 which some people disagree with.  She explained that there needs to           
 be a level playing field and the first way to do that is to do away           
 with exemption 13.  Representative James said she checked to see              
 how many collective bargaining agreements currently exist that have           
 a flexible work plan and that wouldn't necessarily pay overtime               
 after 8 hours, but would pay overtime only after 40 hours.                    
 According to the Department of Labor, there are three such                    
 agreements and there may be four.  She said HB 223, however,                  
 doesn't make it retroactive as it is not her intent that it                   
 interfere with any existing agreements.  It would only preclude any           
 new agreements from being made under this.  Representative James              
 said, "I think it's probably really proper that I mention that on             
 the issue of House Bill 68, that I have been working extensively              
 since the bill was filed in the first place, to come to some                  
 agreement on language with all the interested parties that that               
 bill could be addressed.  Quite frankly, I cannot support House               
 Bill 68 the way it is currently drafted because it is too drafty.             
 And so it needs to have some more definition and whether or not we            
 can get that definition is still to be researched.  But I still am            
 interested in getting this particular part because if we wanted to            
 put this back in the legislation, we can do it.  And I'm successful           
 in getting some other legislation that would address the concerns             
 with House Bill 68.  We can certainly put this back in that process           
 and, in the meantime, with what we've got on the table I still                
 would like to take this part away so we do have a level playing               
 field."                                                                       
                                                                               
 REPRESENTATIVE JAMES explained something expressed in the                     
 resolution from the Greater Fairbanks Chamber of Commerce is that             
 they really do hope that there is a level playing field and HB 223            
 does that in a simple way.  She said she would be happy to answer             
 any questions.                                                                
                                                                               
 Number 0331                                                                   
                                                                               
 REPRESENTATIVE JOHN COWDERY referred to previous Labor and Commerce           
 Committee hearings on HB 68 and said the committee members received           
 information listing existing exemptions from the overtime                     
 requirement.  He said there were over 800 agreements currently in             
 Alaska.                                                                       
                                                                               
 REPRESENTATIVE JAMES said, "Well if I could respond to that,                  
 Representative Cowdery, I think you're probably referring to the `4           
 - 10s.'  That is under I believe 14 -- the 14 which whether you're            
 a collective bargaining or not collective bargaining, you can file            
 a plan with the Department of Labor to work `4-10s.'  That allows             
 you to not pay overtime over 8, however, you cannot work longer               
 than 10 on the regular schedule and you cannot work over four days,           
 in other words, to do that.  So it's a plan where you work `4-10s.'           
 It might be a proper way to insert that right now.  I think that              
 law is being misused, personally, that's my personal opinion                  
 because this way they can put in eight days in a row without any              
 overtime by working `4-10s' and `4-10s' at opposite ends of the               
 week.  And I'm personally opposed to working anything that                    
 circumvents the requirement of 40 hours in a week and so I'm not              
 really interested.  I think that there is a problem with that                 
 particular law that we have on the book and I'm not here to fix it.           
 But that 800 people that you're talking about are probably that               
 number 14 exemption and a lot of those are construction that only             
 work in the summers, so there is a good argument for them to work             
 10 hours without overtime."                                                   
                                                                               
 Number 0532                                                                   
                                                                               
 REPRESENTATIVE COWDERY noted it isn't 800 people, it is 800                   
 businesses.                                                                   
                                                                               
 REPRESENTATIVE JAMES said she understands.                                    
                                                                               
 REPRESENTATIVE COWDERY said some people who work for the Department           
 of Corrections work "7-12s."  There are other exemptions for the              
 Alaska Marine Highway System.                                                 
                                                                               
 REPRESENTATIVE JAMES indicated she has repeatedly reviewed those              
 exemptions.  She said she believes there are 17 and almost every              
 one of those exemptions are for certain types of businesses that              
 really can't work on a normal work week or normal work day, such as           
 newspapers, et cetera.  Representative James said exemption 13                
 sticks out like a soar thumb, like carte blanche for unions to make           
 this kind of an agreement.  If it is not allowable for people who             
 are nonunion, then it shouldn't be allowable for a union.  She said           
 that is her point with the legislation.  All the other exemptions             
 have nothing to do with whether or not collective bargaining can do           
 something than others.                                                        
                                                                               
 Number 0613                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE said the bill won't impact standing                  
 collective bargaining agreements, so he assumes that once the                 
 contract is over and they renegotiate, at that point in time they             
 would lose the 12 hours.                                                      
                                                                               
 REPRESENTATIVE JAMES said it isn't her intent for that to happen.             
 She suggested asking someone from the Department of Labor.                    
                                                                               
 Number 0700                                                                   
                                                                               
 REPRESENTATIVE GENE KUBINA pointed out that you don't have to                 
 belong to a union to get an exemption under exemption 13.  The                
 people that are at Fort Knox have sent legislators a petition that            
 states that they want to be exempt from this law.  If the wording             
 is changed on the petition just a little bit to say that as a                 
 group, they collectively want to be done with that - negotiate out            
 of that, they can sit down and do that.  They don't have to join              
 any union in the state.  They can do that as group of employees by            
 themselves.                                                                   
                                                                               
 REPRESENTATIVE JAMES indicated that is Representative Kubina's                
 interpretation of the law and not her interpretation.  She said she           
 doesn't think that's true because it says, "...by collective                  
 bargaining."  She pointed out there are really strict regulations             
 that pertain to collective bargaining.  It depends on how much the            
 employer is involved in that issue and there also has to be some              
 kind of a plan that meets the national labor standards as to what             
 really collective bargaining is.  It might be considered coercion.            
                                                                               
 REPRESENTATIVE KUBINA said his point is that they could say they              
 want to be represented for that issue and that issue only.                    
                                                                               
 REPRESENTATIVE JAMES said, "That only responds to that list of                
 employees.  Tomorrow, the employees may be a different group.  What           
 about the new people that come in?  They haven't agreed to that and           
 they're not a member of a union.  It gets complicated."                       
                                                                               
 Number 0851                                                                   
                                                                               
 ED FLANAGAN, Deputy Commissioner, Office of the Commissioner,                 
 Department of Labor, came before the committee to testify in                  
 support of HB 233.  He said there has been a lot of contention and            
 a lot has been made of the fact that there are specific exemptions            
 in the private sector for work places that modify their work week             
 under a collective bargaining agreement.  Mr. Flanagan said, "What            
 is now 13 and 14, 14 is the `4-10s' flex plan, they were initiated            
 in 1981, and initially in the House side it was one exemption and             
 it just related to `4-10s,' and the two options for doing it were             
 either boom, (A) a collective bargaining agreement; or (B) a                  
 written voluntary plan approved by the department in the case of a            
 nonunion employer.  Even though it was only 16 years ago, the                 
 legislative record is remarkably sketchy.  And it went into the               
 Senate and they had, at that time, a labor and management committee           
 and it came out two separate exemptions and the `4-10s' language              
 remained, and the one for work places not covered by a collective             
 agreement.  The exemption under what is now number 13 appeared to             
 give carte blanche.  It's hard to determine if that was the intent            
 and it has been only utilized, to our knowledge, by three or four             
 private sector employers.  We did become aware of a fourth utility            
 that may have some powerhouse employees covered by it at Golden               
 Valley Electric.  But the total number of employees in the 16 years           
 the law has been extant is very small, probably something like 20             
 or 30 employees.  When I spoke with the sponsor on this bill, she             
 did declare her intent to grandfather the few existing agreements             
 and the bill seemed to addressed that.  I guess it might require an           
 attorney general or your leg. counsel to take a look at that - if             
 Representative Brice's possible interpretation would prevail.  I              
 don't know.  It looked, at first blush, like that could work to               
 grandfather the three or four existing units in there."                       
                                                                               
 MR. FLANAGAN referred to the 800 exemptions and said that would be            
 the list the department provided of all the "4-10" agreements.  He            
 noted some of them are union employers and it applies to their                
 nonunion employees, like the office staff of a construction firm              
 that has signed with the union.  They will also have a voluntary              
 "4-10s" plan for its nonunion employees.  He noted a lot of those             
 employers are no longer in business.  Mr. Flanagan indicated the              
 department keeps the plan on file.  He said, "If the employer goes            
 out of business or if the plan - they don't even have to notify us            
 if the plan goes out, the employees can elect to opt in and out of            
 the `4-10s' plan every November - December.  Under regulation,                
 there is a window period where they can -- but once they elect then           
 they're locked in for the year.  So that's not an accurate count of           
 who is out there.  If we get a complaint or if we have a wage and             
 hour problem with an employer and they say, `Well we have a 4-10s             
 plan,' then we go -- if we have it on file and unless there has               
 been some notification, it's still considered to be active.  So               
 whether there are 800 work places out there, that's probably pretty           
 high, but we did compile that list from our three regional our                
 three wage and hour offices."                                                 
                                                                               
 MR. FLANAGAN referred to the petition question and said the                   
 department's interpretation of the existing exemption 13 is a                 
 collective bargaining agreement.  While there is nothing to keep a            
 group of employees from creating their own independent union, he              
 believes they would have be organized and recognized as a union and           
 have a valid collective bargaining agreement in effect.  Mr.                  
 Flanagan informed the committee that during testimony on HB 68,               
 there was discussion about forming a union to do this.  He said he            
 doesn't think that is really the intent of the law.  The department           
 doesn't feel that people should form a union just for the purpose             
 of giving up overtime.                                                        
                                                                               
 MR. FLANAGAN said he thinks that HB 223 does address what has been            
 a perceived unlevel playing field.  He said let's remove any hint             
 of inherent unfairness and have everybody, when it comes to                   
 modifying workweeks, play by the same set of rules, which currently           
 exist in AS 23.10.060(d)(14).                                                 
                                                                               
 REPRESENTATIVE KUBINA asked Mr. Flanagan if there are any other               
 exemptions he would recommend getting rid of.                                 
                                                                               
 MR. FLANAGAN said he thinks some of them are archaic.  There might            
 be a switchboard operator in the state with an exchange of 750                
 customers or less, but he doubts it.  He said some of them are in             
 the federal lair, and in some cases they represent what the                   
 political realities were at the time that the Wage and Hour Act was           
 promulgated.  Mr. Flanagan explained that generally, the Department           
 of Labor doesn't support additional exemptions.  The department               
 would probably look favorably on a review of the existing                     
 exemptions to see if they are still appropriate.  He said from a              
 pragmatic point of view, the department isn't really proposing that           
 at this time since the trend has been more to adding exemptions               
 rather than to remove them.  He noted this exemption is a unique              
 exemption.                                                                    
                                                                               
 Number 1250                                                                   
                                                                               
 CHAIRMAN ROKEBERG said, "Right now, the existing law with the                 
 flextime is such that unless you had a collective bargaining                  
 agreement, there is no ability, even if all the employees agree to            
 go beyond the 10 hours without paying overtime, but as I                      
 understood it there is not even an ability to allow 12 hours even             
 with a paid overtime, under a flex plan.  Is that correct?"                   
                                                                               
 MR. FLANAGAN responded, "Yes, not under a flex plan.  Of course an            
 employer can work 12 hours, they can work 18 hours - whatever, but            
 they pay over 8.  When it comes to an approved `4-10s' plan under             
 existing exemption 14, the department -- the regulation we only               
 approve work schedules that are based on `4-10s.'  Not on -- if you           
 were regularly scheduled for `4-12s,' we would not approve that and           
 say, `Okay, but you can pay straight time for 40 and overtime over            
 10.'  There is language in the exemption of 14 that refers to                 
 overtime in the event it goes over 10, but that is for the                    
 inevitable or unforeseen emergency situation or unanticipated                 
 overtime or somebody doesn't show up on the next shift.  So there             
 is a mechanism for paying overtime over 12, but the regulation only           
 allows plans based on `4-10s' or no more than 10 hours a day."                
                                                                               
 Number 1344                                                                   
                                                                               
 CHAIRMAN ROKEBERG said there seems to be a gap in terms of the                
 statute.  He said if an employee group, working with the employer,            
 came to the department and requested the flex plan, they would not            
 be able to work beyond the 10 hours even if they wanted to pay                
 overtime over 10 hours.  He asked if any thought has been given to            
 giving the commissioner the ability to review the circumstances.              
 He noted that currently the commissioner isn't allowed to do that.            
                                                                               
 Number 1393                                                                   
                                                                               
 MR. FLANAGAN responded, "We looked at the regulation when the                 
 question came up.  We stand by the interpretation that under the              
 current law, and the inclination of the commissioner and the                  
 department that regularly scheduled work that is regularly                    
 scheduled for more than 10 hours should pay overtime over 8 -- that           
 the flexibility could be in a `4-10' situation or one of the `9-80'           
 like the feds work.  We have accommodated those type of plans where           
 an employee works 9 hours -- in a two week period they work 9 hours           
 for eight days then 8 hours on their ninth day and then they have             
 every other Friday off.  We've accommodated those, but we have not            
 made the jump and are not, at this point, willing to make the jump            
 to something scheduled regularly for more than 10 hours with a                
 overtime break - with a break on the overtime pay."                           
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Flanagan if he is saying that any kind            
 of scenario that provides for a 40-hour week, at regular time and             
 anything over 40 hours being overtime, is something the department            
 wouldn't necessarily agree to given the number of hours in a day.             
                                                                               
 MR. FLANAGAN said that is correct if it included a regularly                  
 scheduled shift of 10 hours.                                                  
                                                                               
 Number 1480                                                                   
                                                                               
 REPRESENTATIVE JOE RYAN said there are two statutes, one says                 
 anything over 8 hours a day is premium time and anything over 40              
 hours a week is premium time.  He said, "The purpose of the 10-hour           
 day with the 2 hours of time and a half - the premium time, and the           
 flexibility allowed, did that tie into the 8 hours a day or 40                
 hours a week -- or how was that brought about that the regulations            
 stipulated no more than 10."                                                  
                                                                               
 MR. FLANAGAN explained it is his understanding that all anybody was           
 looking for in 1981 was "4-10s."  That was the alternative workweek           
 that the union group which had come forward seeking that the                  
 legislation requested because the employees wanted to work "4-10s"            
 and the employer wanted to make sure the department wasn't going to           
 ding them.  It evolved into two exemptions instead of one.  He                
 noted he believes the company was Wien Airlines.                              
                                                                               
 Number 1546                                                                   
                                                                               
 CHAIRMAN ROKEBERG indicated there were no further witnesses to                
 testify on HB 223.  He said HB 223 would be held over for further             
 consideration.                                                                
                                                                               
 Number 1610                                                                   
                                                                               
 CHAIRMAN ROKEBERG called brief at-ease at 3:50 p.m.  He called the            
 meeting back to order at 4:03 p.m.                                            
                                                                               
 HB 218 - OMNIBUS INSURANCE REFORM                                             
                                                                               
 Number 1615                                                                   
                                                                               
 CHAIRMAN ROKEBERG indicated the next order of business would be HB
 218, "An Act relating to regulation and examination of insurers and           
 insurance agents; relating to kinds of insurance; relating to                 
 payment of insurance taxes and to required insurance reserves;                
 relating to insurance policies; relating to regulation of capital,            
 surplus, and investments by insurers; relating to hospital and                
 medical service corporations; and providing for an effective date."           
 Chairman Rokeberg apologized to Marianne Burke regarding the                  
 scheduling of the legislation for the last two meetings and not               
 hearing it.  He asked if there is a clear demarkation in terms of             
 sections between the Kassenbaum/Kennedy bill and the other.                   
                                                                               
 Number 1626                                                                   
                                                                               
 MARIANNE BURKE, Director, Division of Insurance, Department of                
 Commerce and Economic Development, came before the committee.  She            
 said there is a sectional analysis dated April 22.  She informed              
 the committee that Section 1 specifically points out those sections           
 of the combined bill that refer specifically to the                           
 Kassenbaum/Kennedy implementation which is P.L. 104-191.                      
                                                                               
 REPRESENTATIVE ROKEBERG noted that the Senate's version of the bill           
 currently passed the Senate in third reading and a notice of                  
 reconsideration has been given.  He asked if the Kassenbaum/Kennedy           
 portions of the Senate bill have been changed.                                
                                                                               
 MS. BURKE stated there hasn't been any changes to any section that            
 pertains to the Kassenbaum/Kennedy legislation.  In fact, the only            
 changes were additions to the bill rather than any changes to the             
 bill itself.                                                                  
                                                                               
 Number 1747                                                                   
                                                                               
 MS. BURKE indicated she would discuss the sections of HB 218 that             
 pertain to the Kassenbaum/Kennedy legislation.  She stated there              
 are a number of terms used in the federal legislation that have               
 specific definitions.  Wherever our statutes contain the same                 
 words, but were defined differently, they have conformed the use of           
 that word to the federal definition.                                          
                                                                               
 MS. BURKE said Section 3 is to make sure that the terms we are                
 using are consistent with the newly defined insurance terms under             
 the federal law.                                                              
                                                                               
 MS. BURKE informed the committee members that the next section that           
 pertains to the Kassenbaum/Kennedy bill defines the term "health              
 care insurance," which has been defined to be consistent with                 
 health insurance coverage.                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if that would be throughout the entire                
 statute or if it is just in that particular chapter.                          
                                                                               
 Number 1828                                                                   
                                                                               
 MS. BURKE responded that the health insurance coverage that is in             
 the federal legislation is the one we are conforming to.  She said            
 since the federal definition is different from our state                      
 definition, as Alaska's is more broad, they have taken the federal            
 definition and made it a subset of the Alaska definition.  Ms.                
 Burke stated this section also adds the stop-loss insurance.  She             
 explained stop-loss insurance for health coverage is not allowed in           
 the state of Alaska.  It is done, but it is not in accordance with            
 statute.  This would permit the stop-loss insurance to affirm that            
 life and health insurers are permitted to write such insurance in             
 Alaska.  Ms. Burke noted Section 12 defines what that insurance               
 actually is.                                                                  
                                                                               
 Number 1891                                                                   
                                                                               
 MS. BURKE directed the committee to Sections 31 through 34 and                
 Sections 43 through 56 and said this is a matter of clarifying the            
 terms and being consistent with the federal standards.  It also               
 allows the applicability of these sections to a multi employer                
 welfare arrangement (MEWA).                                                   
                                                                               
 CHAIRMAN ROKEBERG questioned what a MEWA is.                                  
                                                                               
 MS. BURKE responded that under federal law, there are provisions              
 which allow a group of employers to get together and provide help             
 for other benefits for their employees.  The state has very limited           
 authority over these MEWAs.  They're exempted by Employee                     
 Retirement and Income Security Act (ERISA).  However, in the                  
 Kassenbaum/Kennedy law, the federal government actually allowed               
 some intrusion, for the first time, into the self-insurance                   
 unregulated activity.  It gave the states a little more authority             
 to oversee what they are doing.                                               
                                                                               
 Number 2021                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked if the state of Alaska would qualify.                 
                                                                               
 MS. BURKE said the state of Alaska wouldn't qualify as it is                  
 single.                                                                       
                                                                               
 MS. BURKE informed the committee that there are certain types of              
 policies that aren't covered such as workers' comp which isn't                
 covered under Kassenbaum/Kennedy.  They're known as accepted                  
 benefit plans.  Ms. Burke explained the purpose of the changes the            
 department is proposing are intended to make the sections                     
 consistent with each other and, in terms of applicability, with the           
 terms as used in federal law.                                                 
                                                                               
 MS. BURKE said, "The bulk of this is getting consistency so that we           
 do not create barriers which the federal government could use as              
 evidence of the need for them to take over regulation of these                
 particular health practices in the state of Alaska."                          
                                                                               
 Number 2087                                                                   
                                                                               
 MS. BURKE referred to Section 43 and said, "For simplicity, the               
 changes are made to conform with the federal law and include both             
 individual and groups as far as enrollment periods are concerned.             
 This is enrollment of dependence, newly adopted or dependence borne           
 to a group policy."                                                           
                                                                               
 MS. BURKE explained Section 45 and Section 46 is similar to and               
 conforms our state law with minimum federal standards, as far as              
 the 48-hour child birth provisions, that were passed by the                   
 legislature last year.                                                        
                                                                               
 CHAIRMAN ROKEBERG said, "Is there any change -- these are like                
 minimum federal standards.  Does that change, in any way, the                 
 intent of the legislation we passed last year?"                               
                                                                               
 MS. BURKE indicated it doesn't.  She said it was to make illegal              
 what was known as the drive-thru births, the 48 hours.  The 96                
 hours for caesarean births stays the same.                                    
                                                                               
 Number 2157                                                                   
                                                                               
 REPRESENTATIVE RYAN asked if the committee had previously discussed           
 Section 41.                                                                   
                                                                               
 MS. BURKE indicated the committee has previously discussed the                
 coordination of benefits.  She said it is the same as what was in             
 the original bill.  It is to avoid people collecting more than 100            
 percent of coverage.  Ms. Burke noted there was a state employee              
 that collected $65,000 over and above what it had cost them --                
 $65,000 more than 100 percent of their reimbursement.  She said it            
 has nothing to do with the concept of coordination of benefits.  It           
 is to make sure that people don't turn insurance into a cottage               
 industry.                                                                     
                                                                               
 REPRESENTATIVE RYAN said, "If I am paying a premium for insurance,            
 my wife is paying a premium for insurance, and the company is                 
 receiving the monies, why should they not pay for a loss                      
 individually?  Why should they be allowed to cut their loss by                
 commingling their risk with another insurer's risk when there were            
 two individuals and they're receiving a premium for each                      
 individual?  It kind of looks like they've gotten to somebody and             
 cut a deal for themselves so they can make the money and, at the              
 same time, not have to had bear the risk."                                    
                                                                               
 Number 2219                                                                   
                                                                               
 MS. BURKE said that this is a hotly disputed and discussed area,              
 especially in line of the runaway health care costs.  Most people             
 get a second policy to pick up what is not covered.  This provides            
 that you do receive the full benefit of that.  Ms. Burke pointed              
 out in two person wage earner families, you will be covered by one            
 employer and another employer.  There is the birthday rule that               
 says, for example, if your children are covered under both                    
 policies, the primary coverage is through the policy of the parent            
 whose birthday comes first in the year.  It is simply arbitrary.              
 This is to provide that you get up to 100 percent, but no more than           
 100 percent.  She referred to Representative Ryan's question about            
 why shouldn't they get whatever they've paid for and said that is             
 a matter of public policy, the legislature chose to let them do so.           
 In order to keep health care costs down, the whole concept of                 
 coordination of benefits was introduced in that you will get up to            
 100 percent, but no more.                                                     
                                                                               
 Number 2277                                                                   
                                                                               
 REPRESENTATIVE RYAN asked Ms. Burke if it would be reasonable to              
 think that the legislature could coordinate the premiums.  He said,           
 "If somebody is paying 80 percent and you're the other insurer                
 paying only 10 percent - 20 percent, then you only get 20 percent             
 of the premium."                                                              
                                                                               
 MS. BURKE stated that anything is possible.                                   
                                                                               
 CHAIRMAN ROKEBERG said that is a very good point.  He said with the           
 exception of health care insurance, the ability of a person to                
 insure something more than once is a doable thing.  Chairman                  
 Rokeberg asked about insuring a car by two different companies.               
                                                                               
 MS. BURKE pointed you that can't insure anything for more than its            
 value.  She noted that the only thing that hasn't been capped is              
 your life as you can choose to insure your life for whatever amount           
 you choose to pay the premiums on.  An underlying public policy in            
 insurance is that it has always been that you will be indemnified.            
 You will get back that which you have spent.                                  
                                                                               
 Number 2404                                                                   
                                                                               
 MS. BURKE referred to Section 57 and said it applies to long-term             
 care contracts.  She said part of the Kassenbaum/Kennedy bill was             
 to provide an incentive for people to buy long-term care insurance            
 and to that, they gave favorable tax treatment to the premiums you            
 pay.  As an individual, you are permitted to deduct health care               
 costs and premiums in excess of 7.5 percent of you adjusted gross             
 income.  They have now added the long-term care contracts to this             
 treatment as a public policy to encourage people to purchase long-            
 term care policies.  Ms. Burke said the section does provide that             
 the director shall write regulations, specifically, to deal with              
 this policy.  It doesn't mean that all long-term care policies do             
 have favorable tax treatment.  You can still choose to purchase               
 those that do not.                                                            
                                                                               
 CHAIRMAN ROKEBERG asked Ms. Burke if she is aware of any long-term            
 policies that are currently being offered in the state of Alaska.             
                                                                               
 MS. BURKE responded that there are.                                           
                                                                               
 Number 2469                                                                   
                                                                               
 MS. BURKE referred to Section 59 and said it adds several new                 
 sections to conform to the minimum federal standards for health               
 care insurance.  She said they are probably the ones that have                
 received the most publicity.  The first is unfair discrimination.             
                                                                               
 TAPE 97-51, SIDE B                                                            
 Number 0001                                                                   
                                                                               
 MS. BURKE explained that there is a long chapter within Title 21              
 that does relate to unfair trade practices, including unfair                  
 discrimination.  Ms. Burke said pre-existing conditions have been             
 discussed at various committee meetings and has been a highly                 
 publicized part of the Kassenbaum/Kennedy bill.  It was viewed as             
 the ability to have portability of your coverage.  She said as she            
 has explained before, this does not mean you take the same coverage           
 with you.  It means that if your heart or cancer condition was                
 covered before you've already satisfied that pre-existing                     
 condition, you don't have to start all over again in satisfying               
 that provision.                                                               
                                                                               
 Number 0053                                                                   
                                                                               
 REPRESENTATIVE RYAN referred to a situation where an employee is              
 being treated for a condition with an insurance carrier.  For some            
 reason, they lose employment and then they come back to work for              
 the same employer that has the same insurance carrier, would that             
 be considered a pre-existing condition since there is a new                   
 enrollment or would they have to accept that?                                 
                                                                               
 MS. BURKE said, "That gets to the next issue, the creditable                  
 coverage.  If you have had coverage before and there hasn't been a            
 lapse of coverage, including your COBRA and everything else, over             
 a certain period of time, no you would not.  But if you go away for           
 several years then come back, it's a different issue.                         
                                                                               
 MS. BURKE referred to the break in coverage that Representative               
 Ryan referred to about how long you can be away and explained that            
 the federal number of days is 63.  She said, "In our legislation,             
 right now, we have for the small employer groups, we allow 90 days            
 break in coverage.  And we left it at 90 days - there is no federal           
 mandate that says we have to make it 63.  Ninety is considered more           
 generous than the 63, so that's not stepping on the federal toes in           
 that area."                                                                   
                                                                               
 Number 0189                                                                   
                                                                               
 MS. BURKE explained the renewability, termination and modification            
 of coverage allows a guaranteed renewability.  If a small employer            
 already has this policy in place, then it is guaranteed to be                 
 renewable except in the circumstances of nonpayment of premium,               
 fraud or something along those lines.  Ms. Burke said subsection              
 (f) was added to allow an insurer to terminate if there is fraud or           
 intentional misrepresentation.  This is not a part of the federal             
 law as passed.  However, the Health Care Financing Administration             
 (HICFA) has indicated, in conferences to the state and to others,             
 that it was their intent that it be there.  It was never the intent           
 for them to allow someone to perpetrate fraud in order to get this            
 policy.                                                                       
                                                                               
 CHAIRMAN ROKEBERG asked if it is a drafting oversight.                        
                                                                               
 MS. BURKE said, "Just for whatever reason was not included in the             
 original bill and probably will be a technical correction."                   
                                                                               
 Number 0256                                                                   
                                                                               
 REPRESENTATIVE RYAN said, "Why here on page 33, line 29, -- what is           
 there is about group market that will allow this 18-month if you              
 missed the enrollment, you have to go 18 months or if you had a               
 preexisting condition, they can exclude you for 18 months.  Is that           
 some different - a wholly different horse with a different color?"            
                                                                               
 MS. BURKE said it is not.  It is the same treatment.  It is for               
 late enrollees.                                                               
                                                                               
 REPRESENTATIVE RYAN said if he were to work for a new employer and            
 tell them he has had a bad back for years and it requires treatment           
 from time to time.  One employer could say, "Fine, but we're not              
 going to cover you for 18 months."                                            
                                                                               
 MS. BURKE explained a number of things would kick in.  If you had             
 been covered with you last employer, for that bad back, then that             
 would be a different situation altogether.  As long as you haven't            
 had a break of more than 90 days of coverage, then you don't have             
 to go that long.                                                              
                                                                               
 REPRESENTATIVE RYAN said, "So basically they feel they're going to            
 have to pay you health care costs for this and it's an ongoing                
 condition.  They want a year and a half premium to start with                 
 before they kick in, so they have some reserves to make the                   
 payment.  Is that it?                                                         
                                                                               
 MS. BURKE said she thinks two concepts are being mixed.                       
                                                                               
 REPRESENTATIVE RYAN said, "My wife has a policy where she works,              
 they gave her a six month thing.  So she waited patiently for her             
 insurance to cover certain aspects.  And this one says 18.  I'm               
 wondering what the difference is.  She has got Blue Cross."                   
                                                                               
 MS. BURKE asked if she was a late enrollee.  If she comes into a              
 new job, she is not considered a late enrollee, but if she decides            
 a year later that well, maybe she should have taken that insurance,           
 that's a late enrollee.                                                       
                                                                               
 Number 0360                                                                   
                                                                               
 CHAIRMAN ROKEBERG questioned what a late enrollee is.  He asked if            
 it is defined in Article 3.                                                   
                                                                               
 MS. BURKE indicated it is defined in Article 3.                               
                                                                               
 CHAIRMAN ROKEBERG read the definition from Version B, page 44, line           
 17, "Late enrollee" means a participant or beneficiary who requests           
 enrollment in an employer's health care insurance plan following              
 the initial enrollment period for which the participant or                    
 beneficiary was eligible to enroll under the terms of a health care           
 insurance plan, except that a participant or beneficiary may not be           
 considered a late enrollee if....  Chairman Rokeberg said you could           
 have a situation where there is a transfer from one job to another.           
 He asked if the new employee would bring a plan from another                  
 employer.                                                                     
                                                                               
 MS. BURKE said the more probable situation is where you elect not             
 to take the coverage, but then a year or so later you decide that             
 you want to take the coverage.                                                
                                                                               
 CHAIRMAN ROKEBERG said that could be because you may have been                
 divorced.                                                                     
                                                                               
 MS. BURKE said it is a life event and it is provided for in the               
 legislation.  A life event could be marriage, divorce, birth of a             
 child.                                                                        
                                                                               
 Number 0497                                                                   
                                                                               
 MS. BURKE referred to the mental health benefits and said there was           
 an amendment introduced to provide parity on mental health.  The              
 cost of providing parity was estimated by various actuarial groups            
 to be astronomical and it would force the cost of health care into            
 bankruptcy.  It was pulled out of the original bill, but then it              
 was added as an amendment to a veterans' funding bill.  One of the            
 very important changes was that if the employer could show that the           
 parity increased their premiums by more than 1 percent, they could            
 be excused from it.  She said this was in response to no one really           
 knowing what parity could do to the cost of health care in this               
 country.  Ms. Burke noted the specific federal citation is 42                 
 U.S.C. 300gg-5, and it is on page 38 of the legislation.                      
                                                                               
 Number 0662                                                                   
                                                                               
 REPRESENTATIVE RYAN referred to the aggregate limit on page 38,               
 line 17, and said the insurance with the state has a $1 million               
 lifetime limit.  He asked if that is accumulative in that it                  
 includes mental health care, physical, surgical, dental, eye, et              
 cetera.                                                                       
                                                                               
 MS. BURKE indicated that is correct.  She informed the committee              
 that there was a strong lobby that said, "If you will pay $1                  
 million for medical care, the full amount could be used for mental            
 health."  She said the state employee policy has specific limits              
 telling how much can be paid, per visit, for mental health and how            
 many visits you can have that are covered.  Ms. Burke said if                 
 parity had gone through without limitation at all, those limits               
 would have gone away.  A person could have gone in for mental                 
 health care as often as they would have gone in for treatment of a            
 chronic infection.  There would have been no differentiation                  
 between the two types of care.  It was felt by many consumer                  
 groups, as well as the insurance companies, that this could result            
 in very unintended results.  There are all kinds of horror stories.           
 She referred to teenagers being admitted because of behavioral                
 problems.                                                                     
                                                                               
 Number 0869                                                                   
                                                                               
 CHAIRMAN ROKEBERG referred to the Medicare supplemental insurance             
 as being part of social security and asked if they are all                    
 excluded.                                                                     
                                                                               
 MS. BURKE indicated they are excluded if they are not part of the             
 integral part of the regular policy.                                          
                                                                               
 CHAIRMAN ROKEBERG asked if an employer could provide for                      
 supplemental benefits for someone over 65.                                    
                                                                               
 MS. BURKE said the Medicare supplemental health insurance is                  
 defined specifically in the Social Security Act.  It does not refer           
 to the coverage for a person under a normal medical policy that is            
 over 65.  It refers strictly to the additional coverage that is               
 tied to the Medicare coverage that a person over 65 is eligible               
 for.                                                                          
                                                                               
 Number 0957                                                                   
                                                                               
 MS. BURKE explained the next portion of the small employer chapter            
 is determination of size of employer.  She said the legislation               
 passed last year determined a small employer to be a group of 2 to            
 50 employees.  The federal statutes also apply to 2 to 50.                    
 However, the way it is determined is slightly different.  She said,           
 "You could take an average.  You could determine whether or not you           
 2 to 50 by saying, `How many did you have at the beginning of the             
 year and how many at the end,' add them together and divide by 2.             
 Or you could have it in any number of other definitions.  We are              
 conforming to the way it is defined in federal legislation which is           
 the average."                                                                 
                                                                               
 Number 1042                                                                   
                                                                               
 MS. BURKE referred to Article 3 and said it contains definitions              
 that are consistent with the Kassenbaum/Kennedy bill.                         
                                                                               
 MS. BURKE explained Sections 60 through 68 applies to the                     
 provisions that are in what is called the high risk pool.  She                
 said, "Since that is, in fact, an insurance company and this high             
 risk pool is the mechanism to provide guaranteed portability for an           
 individual, if you leave the group market, that you can have a                
 policy and individual market through the high risk pool."  She said           
 this for what is known as federally eligible individuals.  It is              
 defined in federal law in our definitions.  Ms. Burke noted that              
 this is the least disruptive of all the federal alternatives that             
 were available to us.                                                         
                                                                               
 Number 1114                                                                   
                                                                               
 MS. BURKE explained Sections 69 through 90 refers to the Small                
 Employer Health Reinsurance Association.  It has to do with the               
 small employer legislation that was adopted about three years ago             
 which made a group policy available to any employer that had                  
 employees from 2 to 50.  She said, "We did not, in any way, change            
 this except to make sure that there is no misapplication of the               
 federal minimum standards."                                                   
                                                                               
 CHAIRMAN ROKEBERG said the Small Employer Health Reinsurance                  
 Association is existing statutory language that we currently have.            
                                                                               
 MS. BURKE said that is correct.  She explained that the way it                
 works is that the insurance company can reinsure an individual out            
 into a risk pool.  This opened up availability for a lot of small             
 employers that might have one or two employees who had health                 
 problems which were so severe that they couldn't afford the                   
 coverage for the rest of the group.                                           
                                                                               
 CHAIRMAN ROKEBERG asked if there is anybody operating under this              
 statue yet.                                                                   
                                                                               
 MS. BURKE said there are quite a few small employer health                    
 policies.  She said she doesn't know the exact number, but she does           
 know there are eight individuals that have been reinsured into the            
 pool at this point.                                                           
                                                                               
 CHAIRMAN ROKEBERG asked if there is an association that has been              
 established.                                                                  
                                                                               
 MS. BURKE indicated the Reinsurance Association has been                      
 established.                                                                  
                                                                               
 Number 1235                                                                   
                                                                               
 REPRESENTATIVE RYAN asked if there are any specific diseases                  
 included such as terminal disease.                                            
                                                                               
 MS. BURKE responded that with the high risk pool, the only rating             
 is on your age and what you choose to have as a deductible.  She              
 referred to small employers and said if an insurance company gets             
 someone with one of these high risks, they would insure them out.             
                                                                               
 REPRESENTATIVE RYAN said if an employee comes to a small employer             
 and says they have a permanent condition, the employer couldn't use           
 that as a basis not to hire.                                                  
                                                                               
 MS. BURKE said that is correct.                                               
                                                                               
 Number 1298                                                                   
                                                                               
 MS. BURKE referred to Section 99 and said the amendment clarifies             
 that the minimum federal standards may apply to fraternal benefit             
 societies also.  She noted there is currently a bill regarding the            
 fraternals that bring those up to date from the 1960s.                        
                                                                               
 MS. BURKE referred to Section 100 through 102 and said although we            
 don't have health maintenance organizations (HMOs) in Alaska at               
 this time, there is enabling legislation on the books which was               
 enacted in 1990.  In the event that there is an HMO, the federal              
 standards would apply to them as well.                                        
                                                                               
 MS. BURKE said the next section that is applicable to                         
 Kassenbaum/Kennedy legislation is Section 108.  She informed the              
 committee Section 108 would make sure that the federal minimum                
 standards apply to hospitals and medical service corporations.  Ms.           
 Burke pointed out that Blue Cross is a hospital and medical service           
 corporation.  She said, "Alaska only has two such animals and                 
 that's Blue Cross and Alaska Vision."                                         
                                                                               
 Number 1411                                                                   
                                                                               
 MS. BURKE referred to Section 110 and said it is modified to extend           
 the group certificates, issued in Alaska and delivered outside of             
 Alaska, to make sure they're consistent with the application of               
 state law and all group health care plans.  The minimum federal               
 standards do apply to such certificates and unless Alaska amends              
 the law, we would have difficulty enforcing this.  Ms. Burke                  
 pointed out that there is at least one insurance company in Alaska            
 that has tried to hide behind the use of terms.  She said, "We are            
 trying to make sure that is no longer an option for them to say               
 that this is a certificate, not a policy."                                    
                                                                               
 MS. BURKE said, "Mr. Chairman, those are the sections that pertain            
 to the Kassenbaum/Kennedy bill that was a separate bill and was               
 simply rolled into the appropriate position in the old bill."                 
                                                                               
 MS. BURKE informed the committee members that most of the                     
 provisions of the Kassenbaum/Kennedy bill are effective July 1,               
 1997.  However, the sections of the old bill, that pertain to the             
 premium tax, are effective January 1.  The reason is that premium             
 taxes reported on a calendar year basis and it would have been                
 extremely difficult to change in mid year.                                    
                                                                               
 Number 1629                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked if the section pertaining to multiple                 
 employer welfare arrangements is the only area of the                         
 Kassenbaum/Kennedy bill that doesn't impact self-insurers.                    
                                                                               
 MS. BURKE explained the provisions of portability applies to self-            
 insurance as well as to insured plans.  She noted this is a                   
 significant change, for the first time, that the federal government           
 has actually held self-insured plans to standards that are                    
 applicable to insured  plans.                                                 
                                                                               
 Number 1675                                                                   
                                                                               
 CHAIRMAN ROKEBERG said if a person is a member of the Alaska plan             
 and they severed their employment with the state of Alaska, but               
 wanted to maintain their insurance, how it would work.                        
                                                                               
 MS. BURKE said it is a very difficult area.  She said, "The state             
 of Alaska will not be subject to ERISA.  It will not be subject to            
 the federal pre-emption in  self-insurance plans with the exception           
 of state plans, are subject to what is known as ERISA - the federal           
 standards that were enacted in 1974.  But there is a specific                 
 exemption in ERISA that says governmental claims, state benefit               
 plans are exempted.  So the state's plan would not be subject to              
 either the state law or the federal law."                                     
                                                                               
 Number 1877                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked what the most troublesome and controversial           
 thing is in the bill and what the best thing is.                              
                                                                               
 MS. BURKE responded that a lot of it is perception.  The fact that            
 people have perceived themselves as being trapped in a job, whether           
 rightly or wrongly, they do have more options now as a result of              
 the Kennedy/Kassenbaum bill.  She said, "In many states which do              
 not have some of the laws Alaska has, such as the small employer              
 makes available to small employers coverage and a mechanism for a             
 reinsure and high risk out, it is very profound.  The state of                
 Alaska, since we have many of these things already in place, it is            
 less pronounced.  The most troublesome part of the bill is if it              
 doesn't pass."                                                                
                                                                               
 CHAIRMAN ROKEBERG said we would be subject to loss of primacy to              
 the feds.                                                                     
                                                                               
 MS. BURKE indicated that is correct.                                          
                                                                               
 CHAIRMAN ROKEBERG asked if it would allow a greater employment                
 mobility for people who feel like they have been trapped in                   
 situation because of, for example, a child that has a particular              
 health problem that they feel that they can't change jobs because             
 they are fearful of losing the coverages they have.                           
                                                                               
 MS. BURKE said that is correct.                                               
                                                                               
 Number 2019                                                                   
                                                                               
 REPRESENTATIVE RYAN asked if there is a companion bill in the                 
 Senate.                                                                       
                                                                               
 MS. BURKE explained there is a companion bill in the Senate and it            
 was on the House floor today.  She informed the committee there was           
 an amendment adopted in the Senate Finance Committee the previous             
 Wednesday which clarified the hierarchy, if you will, of coverage             
 when you have a rental car.  It provides that if you elect                    
 coverage, and they always ask you if you want to get the                      
 comprehensive, if you elect that and are in an accident, that's the           
 first place you go to for coverage."                                          
                                                                               
 CHAIRMAN ROKEBERG said, "Historically, had they not -- if there               
 were an accident, gone to the original insurer of the automobile?"            
                                                                               
 MS. BURKE said that is what they've been trying to do and, in many            
 cases, have.  If a person elects not to have that coverage, then              
 they go to your personal auto coverage.  She noted that is your               
 election.                                                                     
                                                                               
 CHAIRMAN ROKEBERG asked if the department considers the Senate                
 Finance Committee amendment a friendly amendment.                             
                                                                               
 MS. BURKE stated that is correct and indicated the department                 
 doesn't have an objection to it.                                              
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Lessmeier if he has a particular                  
 problem with the amendment.                                                   
                                                                               
 Number 2199                                                                   
                                                                               
 MICHAEL LESSMEIER, Attorney, Lessmeier and Winters, came before the           
 committee on behalf of State Farm Insurance.  He said he doesn't              
 think it would present a problem.                                             
                                                                               
 CHAIRMAN ROKEBERG asked if he thinks the amendment is positive.               
                                                                               
 MR. LESSMEIER stated that he can't really say if it is positive or            
 not.  He said it makes sense to him, but stated he doesn't think              
 there is a problem.                                                           
                                                                               
 CHAIRMAN ROKEBERG said, "Could you describe how that works now on             
 three different scenarios.  Number one, I have my car insured.  I             
 go and rent a car I opt, number one, not to do that because I got             
 an American Express Card, so I'm not going to sign up for it.  What           
 happens there?  And number two, I do sign up for it, then what                
 happens?"                                                                     
                                                                               
 MR. LESSMEIER said typically what happens depends on the language             
 of the particular policy.  And a lot of the policies have clauses             
 in them that are mutually exclusive.  In other words, they make               
 each policy the other policy's excess.  And so what happens if they           
 both -- the court says we can't enforce those provisions and they             
 basically apply them pro rata, based on the policy coverage."                 
                                                                               
 CHAIRMAN ROKEBERG asked if it like mutual segregation.                        
                                                                               
 MR. LESSMEIER said, "I don't know if I'd call it mutual                       
 segregation, but I think that's what happens in most situations               
 where there is dual coverage and the policy provisions conflict               
 with each other.  It's a complicated area because a lot of times              
 the policy provisions may not conflict and if they don't conflict,            
 than whichever is primary would be primary and the other would be             
 excess.  But I don't think you can answer that question on a                  
 blanket basis without knowing what the policy language says."                 
                                                                               
 CHAIRMAN ROKEBERG asked about State Farm.                                     
                                                                               
 MR. LESSMEIER said he thinks it would depend on the policy.                   
                                                                               
 CHAIRMAN ROKEBERG asked if it would vary within his company.                  
                                                                               
 MS. LESSMEIER indicated he isn't sure.  He said he thinks the State           
 Farm policy has another insurance clause that makes it excess if              
 there is other available insurance.  Mr. Lessmeier said he doesn't            
 think there is a problem with that particular amendment.                      
                                                                               
 Number 2411                                                                   
                                                                               
 CHAIRMAN ROKEBERG referred to Senator Duncan's amendment, K-1 Ford,           
 Amendment 3, and noted it was passed on the Senate floor.  He read            
 from the amendment, "Notwithstanding any other provision of law, a            
 person who resides in the same household as the person named as               
 insured or a person who is a relative of the person named as                  
 insured shall be excluded from coverage under a motor vehicle                 
 liability policy if the person named as insured requests that that            
 person be excluded from coverage."  He asked Mr. Lessmeier if it              
 would, in any way, impact the underwriting of a particular auto               
 policy in looking at family coverage.                                         
                                                                               
 MR. LESSMEIER indicated he doesn't know what the impact would be.             
 He said the amendment attempts to do something which is at one                
 level, fairly simple, but at another level, is fairly complex.                
                                                                               
 TAPE 97-52, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 MR. LESSMEIER continued, "It is unclear to me how it works with               
 uninsured and underinsured motorists that are part of the law right           
 now that those coverages -- I think it is a complicated question              
 and I think we need look at it.  What I would prefer to do is let             
 our people look at this and come back and give you my comments on             
 this one Wednesday, when we have the next hearing."                           
                                                                               
 Number 0102                                                                   
                                                                               
 MS. BURKE said since the amendment is part of Title 28, Motor                 
 Vehicles, she has a message into the director of that division to             
 see what impact it would have.  Ms. Burke said, "The discussion on            
 the floor today went toward the fact that a person might have a               
 child that was away at college and you would want to take them off            
 of your policy.  And it was purported that insurance companies                
 would not allow you to do that.  I can't speak to whether they do             
 or not.  However, in looking at 28, as Mr. Lessmeier has addressed,           
 there is this mandatory coverage.  If you did, in fact, -- you can            
 also name someone to be excluded from your policy and that's done             
 on the commercial side all the time and it's perfectly appropriate.           
 If you have someone who is a drug abuser or alcohol abuser, you               
 don't want them on your policy.  But in this case, if it was                  
 someone living in your household and you had them excluded, and               
 let's say that child then went out, borrowed someone's car and                
 killed someone, the survivors are going to sue you the parent.  You           
 would reasonably expect to go to your auto policy and seek                    
 coverage, but if you've excluded them, you'd be on the hook                   
 yourself.  So I agree with Mr. Lessmeier, I don't think this was              
 thought all the way through for what it might be an unintended                
 consequence."                                                                 
                                                                               
 CHAIRMAN ROKEBERG asked if somebody in the Senate gave notice of              
 reconsideration on the Senate bill.                                           
                                                                               
 MS. BURKE said she had just been informed that Senator Kelly gave             
 notice of reconsideration and then withdrew it.                               
                                                                               
 Number 0290                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked about Amendment 4, Ford, 04/21/97, by                 
 Senator Donley.                                                               
                                                                               
 MS. BURKE explained the amendment addresses the uninsured and                 
 underinsured issue.  She stated she testified in the Senate Finance           
 Committee that notwithstanding any merits, pro or con, for what the           
 amendment attempts to do.  She said she asked that it not be                  
 included because it is a controversial issue.  After reading the              
 language, she is even more convinced that it is controversial.                
 There doesn't seem to be any consensus of exactly what the                    
 amendment says.  Ms. Burke said she has forwarded a request to the            
 department's assistant attorney general to tell her what it says.             
                                                                               
 MR. LESSMEIER said he knows what Senator Donley is trying to                  
 achieve, but the amendment appears to allow one to make a claim               
 against their uninsured or underinsured motorist coverage when                
 there is still a liability coverage out there that hasn't been                
 paid.  He said that makes very little sense to him.  Mr. Lessmeier            
 said he thinks Senator Donley's goal is to make uninsured and                 
 underinsured pure excess and that is something that, again, there             
 is a philosophical debate about whether it's wise to do that or               
 not.  He said to make uninsured or underinsured motorist coverage             
 pure excess is very anti-consumer.  If it is pure excess, it's                
 significantly more expensive.  The second problem is that if it is            
 pure excess, you never know what coverage you're ultimately going             
 to have.                                                                      
                                                                               
 Number 0509                                                                   
                                                                               
 CHAIRMAN ROKEBERG said the existing law is that uninsured or                  
 underinsured motorist coverage doesn't apply until you use up all             
 you liability coverage.                                                       
                                                                               
 MR. LESSMEIER clarified it wouldn't be your liability coverage, it            
 is the liability coverage of the person that hits you.                        
                                                                               
 CHAIRMAN ROKEBERG asked what Senator Donley's amendment does.                 
                                                                               
 MR. LESSMEIER indicated he doesn't know.  He said it is a concept             
 that hasn't been discussed, to his knowledge, but noted it was                
 discussed briefly in the Senate Finance Committee.  He said he                
 believes Senator Donley either withdrew it or it was defeated.  Mr.           
 Lessmeier said he believes what Senator Donley wants to do is to              
 make uninsured and underinsured motorist coverage a pure excess               
 coverage, but again, the amendment has many other consequences.  He           
 said under the amendment, you wouldn't have to collect the $50,000            
 from the at-fault party before you went after your own insurance              
 company.  Your own insurance company would then have to go after              
 the at-fault party.                                                           
                                                                               
 Number 0631                                                                   
                                                                               
 MS. BURKE added that this same subject is on appeal in the Alaska             
 supreme court.  She said it has been her division's position that             
 if the interpretation is affirmed by the supreme court as being               
 correct, then the whole issue is moot.  If it is not what the                 
 legislature intended, then the legislature can clarify it.                    
                                                                               
 CHAIRMAN ROKEBERG asked what the fact pattern is in the appeal if             
 it is under appeal.                                                           
                                                                               
 MS. BURKE said, "Stacking is the most common way it's referred to."           
                                                                               
 CHAIRMAN ROKEBERG asked what stacking is.                                     
                                                                               
 MS. BURKE said it is where you have coverage up to a certain amount           
 and then you add on the underinsured or uninsured coverage on top             
 of that.  She explained that what precipitated the supreme court to           
 look at this is contradictory opinions.  There is one court saying            
 one thing and there is another court saying another thing.  She               
 noted they are both federal courts.                                           
                                                                               
 MR. LESSMEIER explained there is a ruling one way from Judge                  
 Holland and another ruling in the opposite way from Judge Sedwick             
 on the same issue.  That ruling has been certified for a decision             
 by the Alaska supreme court.  He noted it will probably be months             
 before the court will actually make a decision on the question of             
 the interpretation of the language.  Mr. Lessmeier said, "The                 
 policy issue that is presented by this has to do with whether the             
 legislature wants difference in limits coverage or whether it wants           
 pure excess coverage.  Difference in limits would say that your               
 coverage -- if you have say $100,000 of uninsured underinsured                
 motorist coverage and the person that hits you has $50,000, well              
 then your uninsured underinsured motorist would kick in the                   
 additional $50,000, so that what you've got was a total of                    
 $100,000.  If it is pure excess, your uninsured underinsured                  
 motorist would kick in $100,000 in addition to what you recovered             
 from the other side.  And so that's the policy call that the                  
 legislature needs to make.  Pure excess is more expensive.  The               
 difference in limits is cheaper.  With pure excess, you never know            
 what you're going to get because it's always going to be dependent            
 upon what the other person has in terms of their coverage."                   
                                                                               
 CHAIRMAN ROKEBERG said when you stack, you get the larger gross               
 amount.                                                                       
                                                                               
 MR. LESSMEIER agreed.                                                         
                                                                               
 CHAIRMAN ROKEBERG said it seems to be consumer favorable.                     
                                                                               
 MR. LESSMEIER explained it is consumer favorable if you ignore                
 cost.  He said what he believes is consumer favorable is to allow             
 a person to buy as little coverage as they want or as much.  Mr.              
 Lessmeier explained that what is happening is people are declining            
 this coverage because it's gotten very expensive and it will be               
 more expensive if it is pure excess.  He said if that's the call,             
 that's fine, they'll just price accordingly.  Mr. Lessmeier said              
 the problem is the consumer isn't being given the choice at the low           
 end of the market.  Currently, under the law, they are required to            
 offer up to $2 million for uninsured underinsured motorist coverage           
 and as long as a person has the option available to buy that high             
 level of coverage if they want it, then they're protected.  He said           
 they ought to be protected at the low end of the market too.                  
                                                                               
 CHAIRMAN ROKEBERG indicated the bill would be brought back before             
 the committee the following Wednesday.                                        
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 0934                                                                   
                                                                               
 CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing             
 Committee meeting at 5:22 p.m.                                                
                                                                               

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