Legislature(2001 - 2002)

03/06/2002 03:20 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 6, 2002                                                                                          
                           3:20 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lisa Murkowski, Chair                                                                                            
Representative Andrew Halcro, Vice Chair                                                                                        
Representative Kevin Meyer                                                                                                      
Representative Pete Kott                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Joe Hayes                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 418                                                                                                              
"An Act  amending the Alaska  Corporations Code as it  relates to                                                               
delivery  of annual  reports, notice  of shareholders'  meetings,                                                               
proxy  statements, and  other  information  to shareholders,  and                                                               
providing for electronic proxy voting."                                                                                         
                                                                                                                                
     - INFORMED THE COMMITTEE OF NEW INFORMATION                                                                                
       [PREVIOUSLY MOVED CSHB 418(L&C) OUT OF COMMITTEE]                                                                        
                                                                                                                                
HOUSE BILL NO. 470                                                                                                              
"An Act relating to common  interest ownership; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - MOVED CSHB 470(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 395                                                                                                              
"An  Act prohibiting  discrimination by  credit rating  or credit                                                               
scoring  in  insurance  rates; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 355                                                                                                              
"An  Act relating  to the  taxation of  mobile telecommunications                                                               
services  by  municipalities;  and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 182                                                                                                              
"An Act relating to motor vehicles; and providing for an                                                                        
effective date."                                                                                                                
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 470                                                                                                                  
SHORT TITLE:COMMON INTEREST OWNERSHIP                                                                                           
SPONSOR(S): REPRESENTATIVE(S)ROKEBERG                                                                                           
                                                                                                                                
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2314       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2314       (H)        L&C                                                                                          
03/06/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 395                                                                                                                  
SHORT TITLE:INSURANCE DISCRIMINATION BY CREDIT RATING                                                                           
SPONSOR(S): REPRESENTATIVE(S)CRAWFORD                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/08/02     2183       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/08/02     2183       (H)        L&C                                                                                          
02/08/02     2183       (H)        REFERRED TO LABOR & COMMERCE                                                                 
03/06/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JON FAULKNER, President                                                                                                         
Land's End Acquisition Corporation                                                                                              
4786 Homer Spit Road                                                                                                            
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified in support of HB 470.                                                                            
                                                                                                                                
BOB PETERSON                                                                                                                    
The Peterson Group Inc.                                                                                                         
(No address provided)                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 470.                                                                            
                                                                                                                                
CHARLES SPINELLI, President                                                                                                     
Anchorage Home Builders Association;                                                                                            
and President                                                                                                                   
Spinelli Homes Inc.                                                                                                             
9210 Vanguard Drive, Suite 102                                                                                                  
Anchorage, Alaska  99507                                                                                                        
POSITION STATEMENT:  Testified in support of HB 470.                                                                            
                                                                                                                                
JESS HALL, Home Builder                                                                                                         
PO Box 1987                                                                                                                     
Palmer, Alaska  99645                                                                                                           
POSITION STATEMENT:  Testified on HB 470.                                                                                       
                                                                                                                                
ROBIN WARD, Legislative Co-chair                                                                                                
Alaska State Home Builders Association                                                                                          
6633 Brayton Drive                                                                                                              
Anchorage, Alaska  99507                                                                                                        
POSITION STATEMENT:  Testified on HB 470.                                                                                       
                                                                                                                                
DAVE D'AMATO, Staff                                                                                                             
to Representative Crawford                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 426                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on behalf of the sponsor.                                                                        
                                                                                                                                
MARIE DARLIN                                                                                                                    
AARP                                                                                                                            
(No address provided)                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 395.                                                                            
                                                                                                                                
JOHN GEORGE                                                                                                                     
National Association of Independent Insurers                                                                                    
3328 Fritz Cove Road                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information with regard to credit                                                                 
scoring and the impacts of HB 395.                                                                                              
                                                                                                                                
BOB LOHR, Director                                                                                                              
Division of Insurance                                                                                                           
Department of Community & Economic Development                                                                                  
3601 C Street, Suite 1324                                                                                                       
Anchorage, Alaska 99503-5948                                                                                                    
POSITION STATEMENT:  Testified in support of the concept behind                                                                 
HB 395.                                                                                                                         
                                                                                                                                
SARAH McNAIR-GROVE, Actuary P/C                                                                                                 
Division of Insurance                                                                                                           
Department of Community & Economic Development                                                                                  
PO Box 110805                                                                                                                   
Juneau, Alaska 99811-0805                                                                                                       
POSITION  STATEMENT:   Provided  information with  regard to  the                                                               
filings including credit scoring that the division has received.                                                                
                                                                                                                                
MICHAEL LESSMEIER, Lobbyist                                                                                                     
State Farm Insurance Company                                                                                                    
Lessmeier & Winters                                                                                                             
3000 Vintage Boulevard, Number 100                                                                                              
Juneau, Alaska 99801                                                                                                            
POSITION  STATEMENT:    Testified  that State  Farm  isn't  using                                                               
[credit  scoring] to  set  rates in  Alaska,  and furthermore  he                                                               
didn't believe that the way  State Farm is using [credit scoring]                                                               
could be criticized.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-31, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIR  LISA  MURKOWSKI  called   the  House  Labor  and  Commerce                                                               
Standing   Committee    meeting   to    order   at    3:20   p.m.                                                               
Representatives Murkowski, Halcro,  Meyer, Rokeberg, and Crawford                                                               
were  present at  the call  to order.   Representatives  Kott and                                                               
Hayes arrived as the meeting was in progress.                                                                                   
                                                                                                                                
HB 418-ELECTRONIC PROXY VOTING & NOTIFICATION                                                                                 
                                                                                                                                
Number 023                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI briefly brought attention  to HOUSE BILL NO. 418,                                                               
"An Act  amending the Alaska  Corporations Code as it  relates to                                                               
delivery  of annual  reports, notice  of shareholders'  meetings,                                                               
proxy  statements, and  other  information  to shareholders,  and                                                               
providing for electronic proxy voting."                                                                                         
                                                                                                                                
CHAIR MURKOWSKI  informed the committee  that she received  an e-                                                               
mail from Terry Elder in regards to  HB 418.  A question had been                                                               
asked in committee as to  what happens when shareholder dividends                                                               
are  not  claimed.   She  said  she  has  learned that  once  the                                                               
property is presumed to have  been abandoned and was unclaimed by                                                               
the  owner for  more  than seven  years  after becoming  payable,                                                               
provided   that  there   have  been   at  least   seven  dividend                                                               
distributions  or  other payments  made  during  the period,  the                                                               
corporation  is  required  to  report it  to  the  Department  of                                                               
Revenue.    At  that  point the  Department  of  Revenue  assumes                                                               
custody and  control of  the property and  the cash  is deposited                                                               
into the  general fund.   She added that  the person to  whom the                                                               
payment  was  initially  made  can   make  a  claim  against  the                                                               
Department of Revenue for the property  after the fact, but it is                                                               
a seven-year time period.                                                                                                       
                                                                                                                                
HB 470-COMMON INTEREST OWNERSHIP                                                                                              
                                                                                                                                
Number 040                                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI  announced that  the  committee  would now  hear                                                               
HOUSE  BILL  NO.  470,  "An   Act  relating  to  common  interest                                                               
ownership; and providing for an effective date."                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG,  sponsor,  introduced  HB  470  to  the                                                               
committee.   He asked  if the  committee would  consider adopting                                                               
the proposed committee substitute (CS), Version F.                                                                              
                                                                                                                                
Number 053                                                                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO moved  to adopt the CS for  HB 470, version                                                               
22-LS1522\F,  Kurtz, 2/25/02,  as  the working  document.   There                                                               
being no objection, Version F was before the committee.                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG  offered  that   [HB  470]  is  a  small                                                               
technical change  to the state  statute [AS 34.08.580].   He said                                                               
this  particular   provision  of  the  Uniform   Common  Interest                                                               
Ownership Act  (UCIOA) is the  controlling statutory  title under                                                               
which all condominium, cooperative,  and public PUD (planned unit                                                               
development) type  of developments  are controlled  and regulated                                                               
by  the State  of  Alaska.   He  mentioned  that  this issue  was                                                               
brought  to his  attention  by Mr.  Jonathan  Faulkner of  Homer,                                                               
Alaska,  who  is having  difficulty  with  a new  development  at                                                               
Land's End  [Resort].  He  mentioned that [HB 470]  is consistent                                                               
with work he  has done with the Alaska  Home Builders Association                                                               
in trying to revise the UCIOA.   He stated that provisions [in HB
470] address  what's called the public  offering statement (POS),                                                               
which is the "technical fix".                                                                                                   
                                                                                                                                
Number 088                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  said that the reason  for introducing HB
470 is because  the current law provides that  a purchaser, prior                                                               
to  the conveyance  of  title, may  cancel  a purchase  agreement                                                               
within 15 days of receipt of a POS.   He explained that a POS has                                                               
to  be  provided before  closure  can  be made  on  a  sale of  a                                                               
condominium,  which  becomes  a   problem,  particularly  in  the                                                               
presale of high-end condominiums.   Under current statute, a POS,                                                               
which  includes  the  final  legal   as-built  survey  and  legal                                                               
description, cannot  be provided until  such time as  the project                                                               
is completed.                                                                                                                   
                                                                                                                                
Number 111                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG explained that  in order to overcome that                                                               
provision  in  the  statute  HB  470  simply  [requires]  that  a                                                               
preliminary  version  of  the  POS   be  provided  such  that  it                                                               
reasonably reflects the contents of  the final POS.  He mentioned                                                               
that the CS added,  in Section 2, page 3, line  29, the words "up                                                               
to".                                                                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG said:                                                                                                   
                                                                                                                                
     What, in  essence, we've done  is set up a  scenario in                                                                    
     state statute where somebody could  commit to buying an                                                                    
     expensive  condominium, wait  for  the presentation  of                                                                    
     the [POS] and  then decline to buy it  and reap profits                                                                    
     from  his denial  of fulfilling  his contract.   That's                                                                    
     not a good way to  have the statute written.  Hopefully                                                                    
     that's not happened,  but we need to  correct it before                                                                    
     it does.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROKEBERG pointed  out that  many times  it's very                                                               
difficult to get construction financing  if this statute is "over                                                               
the head of  the developer."  He mentioned that  there are people                                                               
online who can testify to the practical impacts of this.                                                                        
                                                                                                                                
Number 141                                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI said  that the  only  question that  she has  is                                                               
regarding the  wording "reasonably  reflects", and asked  if this                                                               
language is  [tantamount to] "substantially similar".   How close                                                               
does  "reasonably  reflect"  have  to be  to  the  actual  public                                                               
offering [statement], she asked.                                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG said  that he would have to  defer to the                                                               
drafter, but he would assume  that "the reasonable standard would                                                               
be accepted as the reasonable standard  of basic common law."  He                                                               
[assumed] that  the common practice  would be that the  basic POS                                                               
would  be  provided except  for  those  things that  couldn't  be                                                               
included  until the  final as-built  survey and  other procedures                                                               
were  completed.   Because  there  are a  number  of  units in  a                                                               
condominium project, there's a certain amount of continuity.                                                                    
                                                                                                                                
Number 164                                                                                                                      
                                                                                                                                
JON  FAULKNER,  President,  Land's End  Acquisition  Corporation,                                                               
testified via teleconference.  He said  that he sent an e-mail to                                                               
the committee members yesterday, and  noticed today that at least                                                               
two of the  messages did not go  through.  He said  that he would                                                               
like to read the short letter.                                                                                                  
                                                                                                                                
CHAIR  MURKOWSKI  informed  Mr.   Faulkner  that  each  committee                                                               
member's packet includes  a copy of his letter.   She asked if he                                                               
was referring to the letter dated February 26.                                                                                  
                                                                                                                                
MR. FAULKNER clarified that it wasn't  the same letter.  He noted                                                               
his agreement with Representative Rokeberg  in that HB 470 is not                                                               
a change  in law but  rather a  clarification of an  existing law                                                               
that  is vague.   The  law is  vague because  it leaves  in doubt                                                               
whether  a POS  can  meet all  the legal  requirements  if it  is                                                               
delivered  in good  faith  prior to  actual  construction of  the                                                               
unit.   He  explained  that  HB 470  clarifies  that  a POS  that                                                               
reasonably  reflects the  data contained  in  the final  recorded                                                               
declaration, [when]  delivered prior  to construction,  meets the                                                               
intent  of the  law.   Delivery  Of a  POS  to a  buyer prior  to                                                               
construction is standard  practice.  He highlighted  that the 15-                                                               
day right  of rescission starts as  soon as the POS  is delivered                                                               
and the  deposit becomes non-refundable after  the 15-day period.                                                               
This  is the  negotiated  protection that  a  developer needs  in                                                               
order to  proceed with  a large custom  condominium project.   He                                                               
explained  that under  the existing  law,  a buyer  could make  a                                                               
legal claim that  the preliminary POS that  he/she received prior                                                               
to  construction  wasn't  precisely  accurate.    Therefore,  the                                                               
contract would  be voided because  it didn't contain  the precise                                                               
square  footages and  the common  interest  allocations that  are                                                               
determined by an as-built survey.                                                                                               
                                                                                                                                
Number 208                                                                                                                      
                                                                                                                                
MR. FAULKNER mentioned that there  has never been a claim brought                                                               
before a  court on this  subject, and  HB 470 would  prevent that                                                               
possibility in the  future.  The purpose of a  POS and the 15-day                                                               
right  of rescission  is  to assure  full  disclosure to  prevent                                                               
pressure  sales tactics  that might  result in  a hasty  decision                                                               
from a  buyer.  This generally  gives a buyer time  to reflect on                                                               
the cost  and the  risks of  ownership.  He  offered that  HB 470                                                               
does not compromise  any of these purposes, but  rather removes a                                                               
loophole  which has  the  potential  to cause  huge  losses to  a                                                               
developer.  He said:                                                                                                            
                                                                                                                                
     Banks  and financial  institutions  are  aware of  this                                                                    
     loophole, as  are contractors,  and therefore  when you                                                                    
     go to sign a contract  with the contractor or apply for                                                                    
     financing to a  bank, the question comes  up, "What are                                                                    
     you  going to  do if  the buyer  cancels your  contract                                                                    
     once you've  already built the  thing?"  And  you can't                                                                    
     answer that,  other than to  say, "I've got  $2 million                                                                    
     in  cash   sitting  in  the   bank,"  which   not  many                                                                    
     developers do, and it's not a reasonable expectation.                                                                      
                                                                                                                                
Number 228                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked Mr.  Faulkner how difficult  it is                                                               
to obtain construction financing because of this loophole.                                                                      
                                                                                                                                
MR.  FAULKNER   said  that  it   is  more  difficult   to  obtain                                                               
construction financing  with this loophole  than without it.   He                                                               
said that banks do not look  at the collateral of the contract to                                                               
fund interim construction.   Traditionally banks look  at the net                                                               
worth  of  the  developer  and   the  developer's  track  record.                                                               
Although banks also  look at the real estate, if  the real estate                                                               
isn't   secured  by   an  ironclad   contract  with   performance                                                               
guarantees, then a bank can't look  to that.  This results in the                                                               
banks looking to the developer  for the full net worth, exclusive                                                               
of the project,  to back the interim construction.   He explained                                                               
that  the difficulty  in obtaining  financing is  related to  the                                                               
strength  of the  developer.    The effect  is  to limit  interim                                                               
construction financing  for projects like [Land's  End Resort] to                                                               
the very  large developers.   Mr. Faulkner  added that  in Land's                                                               
End's case  obtaining financing hasn't been  an "extreme" problem                                                               
because  of  its significant  assets  in  an ongoing  enterprise.                                                               
However, [the  loophole] has definitely  impacted its  ability to                                                               
obtain financing.                                                                                                               
                                                                                                                                
Number 255                                                                                                                      
                                                                                                                                
BOB   PETERSON,   The   Peterson  Group   Inc.,   testified   via                                                               
teleconference.   He noted  that he is  a custom  homebuilder and                                                               
condominium  developer  in  Anchorage.   He  said  this  area  of                                                               
statute has intimidated him because  while he can provide a buyer                                                               
with  the preliminary  POS,  he  can't record  the  plat and  the                                                               
consequent  declarations to  fulfill  a fully  amended POS  until                                                               
there is substantial  completion of that building.   He explained                                                               
that "substantial  completion" is defined  as having the  roof on                                                               
and all of the mechanicals in place.   He said that at that point                                                               
in a custom product there can  be numerous changes unique to that                                                               
particular buyer.                                                                                                               
                                                                                                                                
Number 273                                                                                                                      
                                                                                                                                
MR. PETERSON said:                                                                                                              
                                                                                                                                
     Yet  the way  this  was worded,  until  that point  the                                                                    
     buyer could  take 15 days  after you recorded  the plat                                                                    
     declarations  and then  cancel the  contract, in  which                                                                    
     case the developer  who's made all the  changes in good                                                                    
     faith, has a unique unit that may not be marketable.                                                                       
                                                                                                                                
MR. PETERSON  mentioned that  he has  not run  into this  kind of                                                               
problem  with  lower  level units  because  those  buyers  barely                                                               
afford them and  they don't make many changes.   Furthermore, the                                                               
market time to  resell a lower level unit is  very small compared                                                               
to a custom  product.  He pointed out that  the developer doesn't                                                               
normally record  the plat until  the unit is almost  done because                                                               
the  statute states  that the  developer has  to pay  homeowners'                                                               
association dues the  month that the developer  records the plat.                                                               
Therefore, if a developer actually  recorded a plat on a building                                                               
that had  the roof on  and the mechanical  in but there  was four                                                               
months to  completion, the developer would  be paying homeowners'                                                               
association dues on each unit  under construction, which makes it                                                               
unaffordable to continue.  "I support  the changes that HB 470 is                                                               
proposing,  and  I  think  that there's  ...  ethical  and  sound                                                               
reasons to do that," he concluded.                                                                                              
                                                                                                                                
Number 297                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI  asked Mr.  Peterson if  he views  [HB 470]  as a                                                               
precaution to  make sure that  this problem doesn't arise  in the                                                               
future.                                                                                                                         
                                                                                                                                
MR.  PETERSON responded  in the  affirmative.   He said  that the                                                               
current statute  has never really made  sense to him.   Under the                                                               
current statute,  a developer  who has agreed  to build  a custom                                                               
unit for  a buyer is stuck  with that unit if  the buyer decides,                                                               
for any  reason outside  of the development,  to move  to Arizona                                                               
and  relieve himself/herself  of  the contract.    He stated,  "I                                                               
believe that puts  undue burden on the developer."   He mentioned                                                               
that although  this hasn't  happened to  him yet,  probability is                                                               
not on his side.                                                                                                                
                                                                                                                                
Number 311                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Peterson  if he thinks that his                                                               
decisions regarding  which projects  to pursue are  influenced by                                                               
the way the law is currently written.                                                                                           
                                                                                                                                
MR. PETERSON said,  "Absolutely."  He said that he  built a high-                                                               
end custom condominium project in  Anchorage that was a financial                                                               
disaster, but  fortunately his lower-end  units made up  for that                                                               
loss.  He said, "Until some  of these sorts of things get cleared                                                               
up in  statute, I am not  interested in building a  high-end unit                                                               
that exposes me like that."                                                                                                     
                                                                                                                                
Number 323                                                                                                                      
                                                                                                                                
CHARLES    SPINELLI,   President,    Anchorage   Home    Builders                                                               
Association;  and President,  Spinelli Homes  Inc., testified  in                                                               
support of  HB 470.   He  addressed the language  in HB  470 that                                                               
reads, "up  to 10  percent" penalty.   He said  that he  has been                                                               
concerned with this  language since the day he put  out his first                                                               
public  offering  statement  in  1992 or  1993  "when  this  bill                                                               
arrived  on our  doorstep."   He said  that at  that time  he was                                                               
doing public  offering statements  in Eagle  Crossing Subdivision                                                               
or  Park View  Terrace  Subdivision, and  the  monthly dues  were                                                               
somewhere around  $15 or $20.   He  explained that the  dues were                                                               
basically  just  to  cover  some   landscaping  and  common  area                                                               
insurance  around   the  project.     Mr.  Spinelli   said,  "The                                                               
homeowners were  liable for ...  about $160  a month in  dues and                                                               
if, by  chance, I had forgotten  to present them with  the public                                                               
offering statement, my penalty would  have been 10 percent of the                                                               
house  price."   He said  that in  those days  the average  sales                                                               
price  was probably  $160,000,  so his  penalty  would have  been                                                               
$16,000.   He stated,  "I think  that's 100  years worth  of dues                                                               
because I forgot to give them a public offering statement."                                                                     
                                                                                                                                
MR.  SPINELLI  remarked that  it  is  unfair  to state  that  the                                                               
developer will  just pay the buyer  10 percent.  He  said that he                                                               
isn't   sure  what   procedure  occurs   to  make   that  happen.                                                               
Therefore, clarifying the language by  adding the language "up to                                                               
10 percent"  will make it "pretty  clear that it's going  to have                                                               
to be judged  on the merits of the case  and that way everybody's                                                               
treated fairly."                                                                                                                
                                                                                                                                
Number 357                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  mentioned that it seems  that the courts                                                               
would have to  assess the 10 percent because  clearly there would                                                               
be a dispute  over a breach of contract.   He said that according                                                               
to the  statute the judge would  have no choice but  to award the                                                               
10 percent whether it was fair or  not.  He asked Mr. Spinelli if                                                               
this is his interpretation.                                                                                                     
                                                                                                                                
MR. SPINELLI replied, "Yes."                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG surmised, "So the  reason for the 'up to'                                                               
gives the  judge the  discretion to  make an  award based  on the                                                               
merits  of  the  argument  and  the  evidence  presented  in  the                                                               
courtroom."                                                                                                                     
                                                                                                                                
MR. SPINELLI  agreed and said,  "Sort of like the  penalty should                                                               
fit the  crime."  Mr.  Spinelli related  that this is  his second                                                               
time as  the president  of the  Home Builders  Association, which                                                               
provides  him with  information about  what's current  and what's                                                               
going on.  However, those  people living  in remote  areas across                                                               
the state [may be] are advised  by attorneys who may not know the                                                               
ins and outs of UCIOA.                                                                                                          
                                                                                                                                
Number 379                                                                                                                      
                                                                                                                                
JESS  HALL, Home  Builder, said  that he  had the  opportunity to                                                               
learn  about the  Uniform Common  Interest Ownership  Act (UCIOA)                                                               
about 6-8 months ago when he  did a development for a subdivision                                                               
in the [Matanuska-Susitna]  Valley.  He explained that  he had an                                                               
attorney draft up  all the necessary documents  because there was                                                               
community property  and he knew  that he would  have to set  up a                                                               
homeowners' association.   However, after  he was already  in the                                                               
project  he found  out that  it  actually fell  under the  UCIOA.                                                               
After relating  this to the  attorney, the attorney said  that he                                                               
had  never  heard  of  [UCIOA]  before.   He  talked  to  another                                                               
attorney who  also had no idea  what UCIOA was either.   "So that                                                               
was a little concerning to me," he said.                                                                                        
                                                                                                                                
MR. HALL said that he ended  up with an attorney in Anchorage who                                                               
specialized in  this, who  worked back  through the  process, and                                                               
informed Mr. Hall  about the 10 percent figure in  statute.  This                                                               
was pretty interesting because he  already had the first phase of                                                               
the subdivision  100 percent complete  and all of the  people had                                                               
already moved  into the houses.   He asked, "Would it  be the lot                                                               
that we  sold since that's kind  of the part that  has the common                                                               
ownership, or is the house you attach  to the lot?"  He noted his                                                               
support of the addition of the language "up to 10 percent".                                                                     
                                                                                                                                
MR. HALL mentioned  that if a developer makes a  mistake it needs                                                               
to be corrected.   If it's going to go to a  judge and jury, then                                                               
they should  probably decide where  the mistake was.   He pointed                                                               
out that all of the documents  that he provided to the homeowners                                                               
were  basically   exactly  the   same  as  the   public  offering                                                               
statement, although  there were a  lot more documents.   He said,                                                               
"Some  of  the stuff  that  we  would  have had  the  homeowners'                                                               
association do  themselves as the  owners of the  common property                                                               
should have actually been done on  a piece of paper ahead of time                                                               
instead of after."                                                                                                              
                                                                                                                                
Number 411                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked Mr.  Hall if  he thinks  medium or                                                               
lower-end condominiums are  affected by HB 470 and  the UCIOA the                                                               
same as high-end condominiums.                                                                                                  
                                                                                                                                
MR. HALL said that he  hasn't built any condominiums since before                                                               
UCIOA was  enacted.  He recalled  that the last time  he "did one                                                               
was under  the Horizontal  Property Regime  Act," which  was more                                                               
simple.   He offered that he  thinks that there is  probably more                                                               
concern for a  developer of luxury condominiums  than there would                                                               
be for a  developer of lower-end condominiums  simply because the                                                               
lower-end condominiums would be easier to resell.  He said:                                                                     
                                                                                                                                
     Same  way in  a subdivision.  ...   I do  single-family                                                                    
     houses with maybe  a common park or  whatever in there.                                                                    
     We're  under that  same situation  where  we build  the                                                                    
     house, we  didn't hand out --  even if we did  a public                                                                    
     offering  statement  and  we left  one  paper  out,  or                                                                    
     inadvertently missed  a couple  of documents  in there,                                                                    
     then   technically  it's   not   the  public   offering                                                                    
     statement.  It  has to be everything.   You could still                                                                    
     end  up in  that 10  percent situation.   I  don't know                                                                    
     whether the  "substantially complete" part  would apply                                                                    
     over  to PUD  like it  does a  condominium.   But there                                                                    
     certainly is some cross over in there.                                                                                     
                                                                                                                                
Number 427                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Mr.  Hall if  he  is still  under                                                               
UCIOA  because he  has a  homeowners'  association with  detached                                                               
houses.                                                                                                                         
                                                                                                                                
MR. HALL  responded in the  affirmative, and explained  that this                                                               
is because  there is  a piece  of property  that everyone  in the                                                               
subdivision owns collectively.                                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG  said, "The interpretation is  that UCIOA                                                               
applies to that type of an association."                                                                                        
                                                                                                                                
MR. HALL stated, "That's what the other attorneys told me."                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG interjected,  "... POS  and these  other                                                               
provisions and so forth also come into play?"                                                                                   
                                                                                                                                
MR.  HALL responded,  "Everything in  that Act  is going  to come                                                               
into play."                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  interjected,   "The  intention  of  the                                                               
legislature when they  did that was supposed  to be condominiums,                                                               
cooperatives, and PUDs, is what I understood."                                                                                  
                                                                                                                                
Number 438                                                                                                                      
                                                                                                                                
MR.  HALL  said   that  he  spoke  with  a   developer  from  the                                                               
[Matanuska-Susitna]  Valley  last  night  who  is  not  aware  of                                                               
[UCIOA].   He  said that  the developer  has built  a subdivision                                                               
with about  20 single-family houses  on one-acre lots,  but there                                                               
is a  common piece of  property big  enough to put  a subdivision                                                               
sign on.   Mr. Hall  explained that a homeowners'  association is                                                               
going to be formed to pay  taxes and liability insurance for that                                                               
plot  of  ground that  is  8  by 10  feet.    He said  that  this                                                               
developer had no idea there was a UCIOA.  He said:                                                                              
                                                                                                                                
     So he's sitting  there with 20 sold  houses with people                                                                    
     living in them, with  the 10 percent possibility [that]                                                                    
     if  20  people  decide  to get  together  and  hire  an                                                                    
     attorney,  he's bankrupt.   He'd  just file  his papers                                                                    
     and be  gone.   I don't [believe]  that quite  fits the                                                                    
     intent of  where UCIOA was.   Maybe it's  because we're                                                                    
     not  in  Anchorage  and  we're  not  as  familiar  with                                                                    
     talking  about,  and  having attorneys  come  into  ...                                                                    
     meetings  and  talk  about  UCIOA. ...    And  kind  of                                                                    
     learning  that  process,  we're just  now  starting  to                                                                    
     learn it....                                                                                                               
                                                                                                                                
Number 450                                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI said,  "Perhaps  we should  suggest  to the  bar                                                               
association  [that]  they  have   a  continuing  legal  education                                                               
seminar on UCIOA out in the Valley."                                                                                            
                                                                                                                                
MR. HALL  replied that he  has made  that suggestion a  couple of                                                               
times.                                                                                                                          
                                                                                                                                
Number 454                                                                                                                      
                                                                                                                                
ROBIN  WARD, Legislative  Co-Chair,  Alaska  State Home  Builders                                                               
Association,  said, "This  needs a  comprehensive change,  but as                                                               
you said,  it's about 54  pages long."   She mentioned  that [the                                                               
Alaska State Home Builders Association  has] fast-tracked the two                                                               
items that were of concern.  She said:                                                                                          
                                                                                                                                
     I have  to tell you that  I did a little  checking just                                                                    
     before  I  left  Anchorage.   Almost  one-half  of  the                                                                    
     listings in  MLS [Multiple  Listing Service]  right now                                                                    
     are  new construction,  and  two-thirds  of those  fall                                                                    
     under this  Act.   Almost all  of our  new subdivisions                                                                    
     have  some  kind of  common  property,  whether it's  a                                                                    
     sign,  whether it's  a greenbelt,  something.   We were                                                                    
     doing  an  awful  lot of  what's  called  'site  condos                                                                    
     planned  communities'.   All of  those  fall under  the                                                                    
     Common  Interest Ownership  Act.   So  this  for us  in                                                                    
     Anchorage is tremendous.                                                                                                   
                                                                                                                                
     I will tell  you that it is moving out,  and as you can                                                                    
     tell,  to  the  Valley.    At  least  those  of  us  in                                                                    
     Anchorage know the law fairly  well.  It's very complex                                                                    
     and it's  up to interpretation  in certain areas.   But                                                                    
     these outlaying areas do not.   And there's going to be                                                                    
     some mistakes  made, and  I can  see it  happening. ...                                                                    
     The probability ... is not on  our side. ...  A mistake                                                                    
     will happen  and it will  happen very soon and  it will                                                                    
     be  very,  very  costly  for a  developer.    So  we're                                                                    
     begging your indulgence to work on this bill.                                                                              
                                                                                                                                
Number 470                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG requested that Ms. Ward "give a nutshell                                                                
version of ... the [Horizontal Property Regime Act] that                                                                        
transitioned to UCIOA as a model act."                                                                                          
                                                                                                                                
MS. WARD said:                                                                                                                  
                                                                                                                                
     This was uniform legislation, ...  and basically ... we                                                                    
     were one  of the very  first states, I think,  to adopt                                                                    
     it  in 1984.  ...   It  is very  complex.   There  were                                                                    
     basically no changes.  It  was just adopted.  They came                                                                    
     out  with  model  adoptions  and  amendments  in  1994.                                                                    
     Uniform amendments  that have  never been  changed here                                                                    
     either.   That's one of  the things we've  been looking                                                                    
     at;  ... taking  those along  with what  we call  local                                                                    
     amendments, things that fit Alaska  for what we do, and                                                                    
     that's what  will be  in the  comprehensive bill.   But                                                                    
     again, these were just the  two that we pulled out that                                                                    
     we felt needed to be fast-tracked.                                                                                         
                                                                                                                                
Number 481                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG mentioned that  he is very disturbed when                                                               
a  detached  home subdivision  with  common  area property  falls                                                               
under  UCIOA.   He said,  "It is  my understanding  that ...  the                                                               
intent was  to keep  it to those  specific types  of developments                                                               
rather than just having a homeowners' association."                                                                             
                                                                                                                                
MS. WARD said,  "Anything that has any  common property, commonly                                                               
owned by  the owners of  the subdivision  or condominium.   And a                                                               
site condominium falls  under that also, which we  are building a                                                               
lot of ... in Anchorage.  All of that falls under..."                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG  interjected,  and inquired  about  site                                                               
condominiums.                                                                                                                   
                                                                                                                                
MS. WARD explained  that it's like a planned unit  where one owns                                                               
the  house,   but  the  land   is  owned  by   the  [homeowners']                                                               
association.   She said, "We  can't do  PUDs anymore, so  we call                                                               
them planned communities."                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG asked,  "Is that because of  the way that                                                               
that statute was drafted under the model act?"                                                                                  
                                                                                                                                
MS. WARD specified that it's  the way the uniform legislation was                                                               
drafted.                                                                                                                        
                                                                                                                                
Number 500                                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD stated his support for HB 470.                                                                          
                                                                                                                                
REPRESENTATIVE MEYER  moved to report  CSHB 470(L&C),  version F,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB
470(L&C) was  moved from  the House  Labor and  Commerce Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 395-INSURANCE DISCRIMINATION BY CREDIT RATING                                                                              
                                                                                                                                
CHAIR  MURKOWSKI  announced  that  the  final  issue  before  the                                                               
committee  would  be HOUSE  BILL  NO.  395, "An  Act  prohibiting                                                               
discrimination by  credit rating  or credit scoring  in insurance                                                               
rates; and providing for an effective date."                                                                                    
                                                                                                                                
Number 520                                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD spoke as the  sponsor of HB 395, which he                                                               
said is a  fair approach to insurance rating.   He explained that                                                               
HB 395  would prohibit insurance  companies in Alaska  from using                                                               
credit scores in  either underwriting or rate setting  for car or                                                               
home insurance.  Using the credit  rating and scoring for such is                                                               
arbitrary  and discriminatory.   Representative  Crawford pointed                                                               
out that the committee packet  should contain a letter from AARP.                                                               
Retirees are the group least likely  to use credit cards and have                                                               
debt.  The letter from AARP  points out the five factors that are                                                               
primarily used  for credit scoring:   payment history,  amount of                                                               
debt, credit  account history, recent  credit history,  and types                                                               
of  credit.   Therefore, a  person  who doesn't  use much  credit                                                               
automatically receives  a lower credit  score and is put  in this                                                               
new class  of people who receive  higher interest rates.   Such a                                                               
situation is arbitrary and unfair.                                                                                              
                                                                                                                                
Number 0540                                                                                                                     
DAVE  D'AMATO, Staff  to  Representative  Crawford, Alaska  State                                                               
Legislature,  informed  the committee  that  some  of the  issues                                                               
laying behind the introduction of  HB 395 involve an individual's                                                               
right to privacy, the accuracy  of the information compiled about                                                               
an individual, and  the access to that information.   Mr. D'Amato                                                               
pointed out that insurance regulations  have a statutory mandate,                                                               
AS    21.36.120,   to    protect    consumers   against    unfair                                                               
discrimination.   However, Alaska  doesn't protect  its insurance                                                               
consumers,  even  in  the  face   of  irrefutable  evidence  that                                                               
insurance credit scoring is discriminatory.   Such a situation is                                                               
bad  for   individuals,  businesses,   and  Alaska   in  general.                                                               
Inevitably, the question regarding what  class of people would be                                                               
impacted by legislation arises.   The class of people impacted by                                                               
HB  395 can  be broken  into economic  and cultural  demographics                                                               
that cross  pollinate.  Mr.  D'Amato explained that  the majority                                                               
of  Alaska's  rural areas  are  populated  by a  minority  ethnic                                                               
group.  Alaska has a  large percentage of small- and medium-sized                                                               
businesses and seasonal workers.   Furthermore, Alaska has a one-                                                               
trick-pony economy.   That is,  Alaska's reliance on  oil exposes                                                               
the average Alaskan to greater economic fluctuations.                                                                           
                                                                                                                                
MR. D'AMATO  stated that credit  scoring effects those  with good                                                               
credit and  those with bad credit.   For example, buying  a house                                                               
or car  impacts an  individual's stability as  a purchaser.   The                                                               
insurance industry  would argue  that one is  more stable  if one                                                               
hasn't recently  purchased a house but  has lived in a  house for                                                               
five or  ten years.  Mr.  D'Amato expressed the hope  that by the                                                               
end  of his  testimony  he  will have  shown  the committee  that                                                               
activity  that one  would consider  normal  and rational  impacts                                                               
one's  credit  rating.    However, some  classes  of  people  are                                                               
impacted in a  disproportionate manner.  The elderly  is one such                                                               
group.  He  directed attention to AARP's letter in  support of HB
395.                                                                                                                            
                                                                                                                                
TAPE 02-31, SIDE B                                                                                                              
                                                                                                                                
MR. D'AMATO informed the committee  that AARP has made this issue                                                               
one  of its  three  main  issues nationwide.    Another class  of                                                               
people impacted by credit scoring  are minorities, both rural and                                                               
urban  minorities.   Although those  minorities  living in  urban                                                               
areas aren't  necessarily subject to the  discrimination found in                                                               
rural areas, such as the lack  of access to banks, they are still                                                               
brought under  discriminatory treatment  by a process  once known                                                               
as  red-lining.   For example,  the people  in Mountain  View pay                                                               
more  based on  the region.   Mr.  D'Amato referred  to the  NAIC                                                               
[National Association of  Insurance Commissioners] winter meeting                                                               
"Exhibit  C", which  includes a  comparison of  two zip  codes by                                                               
household  income.   That comparison  shows that  [the zip  code]                                                               
with the  higher household income,  21210, has the  lower premium                                                               
[while the zip  code with the lower household  income, 21217, has                                                               
the higher  premium].  There is  also a comparison of  premium by                                                               
population composition  [the ratio  of minority to  white], which                                                               
also has the essence of red-lining.                                                                                             
                                                                                                                                
Number 0565                                                                                                                     
                                                                                                                                
MR. D'AMATO,  in response to Representative  Halcro, informed the                                                               
committee that  the annual premium  for zip code 21217  is $1,357                                                               
while  the premium  for zip  code 21210  is $972.   Additionally,                                                               
divorces impact  one's credit in  several ways.  Since  a divorce                                                               
often results  in the dividing  of community property,  it places                                                               
people into  different positions of credit  worthiness.  Although                                                               
one  individual may  not have  been the  primary breadwinner  and                                                               
didn't  actually  control  the  finances,  that  individual  has,                                                               
because  the  individual's  personal  life has  gone  awry,  been                                                               
classified [as  not having good  credit].  Other  situations that                                                               
impact  one's  credit  rating  could be  related  to  layoffs  or                                                               
identity theft.                                                                                                                 
                                                                                                                                
MR.  D'AMATO summarized  that credit  rating can  impact everyone                                                               
[because  it] replaces  relevant performance-based  criteria such                                                               
as  driver  behavior.    The  old standard  was  that  those  who                                                               
received  tickets,  had accidents,  or  filed  false claims  were                                                               
those who faced higher insurance  rates.  There were also various                                                               
actuarial examples  illustrating that  certain classes  of people                                                               
produced riskier  behavior.   Those examples had  to have  a link                                                               
between  [certain   classes  of   people  and   risky  behavior].                                                               
However,  [the current  rating system]  doesn't exactly  show how                                                               
the [correlation] is  made because it's [said  to be] proprietary                                                               
information.     In  place  of  the   relevant  performance-based                                                               
criteria  arbitrary economic  considerations  are  inserted.   He                                                               
explained that  [credit scoring] says  that anyone with  a credit                                                               
condition has to be considered under the new credit scoring.                                                                    
                                                                                                                                
Number 524                                                                                                                      
                                                                                                                                
MR.  D'AMATO turned  to  Exhibit F,  which is  a  letter from  an                                                               
insurance  sales   person.    This   letter  specifies   that  an                                                               
individual  with  two DWIs  (driving  while  intoxicated) and  an                                                               
accident within  a five-and-a-half  year period  is still  in the                                                               
preferred market  based on the  individual's credit rating.   Mr.                                                               
D'Amato said,  "It's my  assertion to you  that this  is probably                                                               
bad public  policy."  Furthermore,  Mr. D'Amato charged  that the                                                               
[insurance industry] won't be able  to provide any documents that                                                               
illustrate  causal   links  [between  premiums  and   a  person's                                                               
predisposition  for risky  behaviors].   However, [the  insurance                                                               
industry]  is  able  to provide  correlative  judgments  if  they                                                               
exist.  To  that end, [the insurance  industry] directs attention                                                               
to a  paper done by  James E.  Monaghan entitled, "The  Impact of                                                               
Personal Credit  History on Loss Performance  in Personal Lines".                                                               
This paper  is touted as  a lesson in  rate making.   He referred                                                               
the committee to  the last paragraph of page 102  of the handout.                                                               
He quoted the  last paragraph as follows:   "An outstanding issue                                                               
that  will  likely remain  outstanding  is  causality.   Although                                                               
arguments were put forward earlier  in this paper which attempted                                                               
to link  financial management responsibility and  future expected                                                               
loss levels, such arguments are  unsupported, even if reasonable,                                                               
speculation."    Additionally,  on  page 86  of  this  paper  Mr.                                                               
Monaghan says,  "Explanation of these correlations,  for the most                                                               
part, cannot  be found in  the data assembled for  this research.                                                               
I would be remiss, however, if I  did not at least attempt to set                                                               
down those  arguments which could  be made  suggesting reasonable                                                               
causal  links between  an individual's  bill  paying history  and                                                               
expected  loss  experience for  insured  losses  under a  private                                                               
passenger  auto insurance  policy."   Mr. D'Amato  explained that                                                               
these quotes illustrate  that Mr. Monaghan is going  to leave out                                                               
causality and correlation  because those can't be  proven.  There                                                               
is  no proof  [that] the  discrimination [the  insurance industry                                                               
uses]  is  necessary.   Although  [the  insurance industry]  will                                                               
provide  charts regarding  the loss  that is  being incurred  for                                                               
those  with   good  credit  versus   bad  credit,  there   is  no                                                               
information  with regard  to the  formulas  that [calculated  the                                                               
loss and its relation to a  person's credit rating].  Mr. D'Amato                                                               
indicated that  this information isn't provided  not because it's                                                               
proprietary.   The  insurance industry  won't  show that  [credit                                                               
rating] isn't discriminatory based on income or minority status.                                                                
                                                                                                                                
Number 468                                                                                                                      
                                                                                                                                
MR. D'AMATO informed  the committee that he can  prove that there                                                               
are inaccuracies on  credit reports, which have  been reported to                                                               
have a 1-70 percent variance.   Therefore, the committee is being                                                               
asked to rely  on a formula that isn't available  for review, and                                                               
that  formula relies  on data  that is  1-70 percent  inaccurate.                                                               
Mr.  D'Amato then  referred to  a document  entitled, "Regulators                                                               
wary of  rates based  on third-party  data".   Twenty-five states                                                               
are  considering legislation  similar to  HB 395.   He  said that                                                               
typically, the  largest problem  is that  third-party information                                                               
is  inaccurate and  unreliable and  thus such  data shouldn't  be                                                               
utilized to set rates.                                                                                                          
                                                                                                                                
MR. D'AMATO also informed the  committee that there are arbitrary                                                               
variables that effect  one's credit report.   For example, simply                                                               
asking  for  a  credit  report  too often  will  result  in  that                                                               
individual  being  a  poor credit  risk  because  [the  insurance                                                               
industry] wouldn't know  how much extra credit  has been assigned                                                               
to the individual.   If an individual shops  around for insurance                                                               
and  asks for  ten different  quotes,  then each  will request  a                                                               
credit  report.   The credit  scoring  agencies wouldn't  clearly                                                               
know  how many  of those  inquiries resulted  in an  extension of                                                               
credit.  Therefore,  the credit scoring agencies  aren't sure how                                                               
deep in debt  an individual is until there is  a payment history.                                                               
Furthermore,  Alaska's   large  rural  population   [most  often]                                                               
doesn't use the larger banks that report.                                                                                       
                                                                                                                                
Number 436                                                                                                                      
                                                                                                                                
MR. D'AMATO related  his belief that there has  been some blanket                                                               
and patent discrimination.   That is, people with  bad credit but                                                               
not bad driving  histories are subsidizing bad  drivers with good                                                               
credit.   Those who are most  hurt [by credit scoring]  are those                                                               
on the  fringe who  are making normal  credit decisions  but have                                                               
one thing impact their credit score.   Mr. D'Amato alluded to the                                                               
relation between credit  scoring and a larger  class of uninsured                                                               
motorists.     He  said,  "If   credit  scoring  is   allowed  in                                                               
underwriting,  the effect  of that  is that  individuals who  are                                                               
denied access to insurance will not get insurance."                                                                             
                                                                                                                                
MR.  D'AMATO pointed  out that  Hawaii  has been  doing [what  is                                                               
proposed in  HB 395] since  1983.   Once this was  implemented in                                                               
Hawaii, there was  no change in premiums.   Furthermore, once the                                                               
insurance  industry  sued, the  state  court  upheld the  state's                                                               
position.   Although the typical argument  is that implementation                                                               
of  this  will result  in  a  flight  of insurance  carriers,  he                                                               
indicated that the market accommodates  the situation, as was the                                                               
case when seatbelts were required in automobiles.                                                                               
                                                                                                                                
MR.  D'AMATO  concluded  by  urging  the  committee  to  ask  the                                                               
insurance industry  to show  how it  arrives at  the correlation.                                                               
He  said that  the  insurance  industry won't  be  able to  bring                                                               
forward anyone who  has benefited from credit  scoring.  However,                                                               
he said he  could bring forward people who have  been harmed from                                                               
this   program,  and   these   people  are   from  almost   every                                                               
socioeconomic  class   and  ethnic  group.     Furthermore,  it's                                                               
factually inaccurate to suggest  that anyone could have benefited                                                               
from  credit  scoring  because   when  the  industry  applied  to                                                               
[utilize]  credit scoring  in the  insurance rates  there was  an                                                               
application  for a  rate increase.    Mr. D'Amato  referred to  a                                                               
Phillip  Morris  study,  Exhibit  J,  that  he  characterized  as                                                               
interesting.   In  closing, Mr.  D'Amato reiterated  that HB  395                                                               
simply  limits   the  use  of   credit  scoring  in   rating  and                                                               
underwriting.                                                                                                                   
                                                                                                                                
Number 385                                                                                                                      
                                                                                                                                
REPRESENTATIVE  MEYER  related  his  belief  that  the  insurance                                                               
companies are  like jury  selection, one of  the few  groups that                                                               
[are  allowed] to  discriminate.   Representative  Meyer said  he                                                               
couldn't believe  that the insurance  industry would  rely solely                                                               
on one's credit report to set their  auto rates.  He asked if Mr.                                                               
D'Amato was saying  that a credit report is only  one of the many                                                               
factors that determines an individual's auto rate.                                                                              
                                                                                                                                
MR. D'AMATO said that no one  can answer that question.  However,                                                               
the committee packet  includes a recent situation in  which a 26-                                                               
year-old woman with a recent  divorce and bankruptcy, but with no                                                               
tickets,  accidents,  or claims  was  denied  the opportunity  to                                                               
obtain credit  by Allstate.  In  this case, the denial  was based                                                               
solely on  the credit score.   Mr. D'Amato remarked that  this is                                                               
an issue  about subsidization.   The  insurance industry  is only                                                               
allowed to  charge and profit  so much.  Therefore,  the question                                                               
is:   who should be encouraged  to behave in the  manner they do,                                                               
the individual  with two DWIs  or an individual who  is divorced?                                                               
He said he didn't know the answer and neither does anyone else.                                                                 
                                                                                                                                
REPRESENTATIVE MEYER  asked, "Isn't  that up  to the  Director of                                                               
[the  Division of]  Insurance to  determine how  they charge  the                                                               
rates and why they're charging the rates that they do?"                                                                         
                                                                                                                                
MR.  D'AMATO  explained that  the  Director  of the  Division  of                                                               
Insurance is  charged with ensuring  that the rates that  are set                                                               
aren't  unfairly   discriminatory.     How  that   conclusion  is                                                               
determined is  up to  the director.   In communications  with the                                                               
director,   [the  division]   hasn't  been   convinced  [of   the                                                               
appropriateness of credit scoring].                                                                                             
                                                                                                                                
REPRESENTATIVE  MEYER  remarked  that  maybe there  is  a  direct                                                               
correlation between an  individual with a good  credit rating and                                                               
responsible  driving  habits.    Perhaps,  the  auto  [insurance]                                                               
industry has such a correlation and  it has been presented to the                                                               
Division of  Insurance.  Representative Meyer  didn't believe the                                                               
insurance industry, which is a  heavily regulated industry, could                                                               
adversely discriminate against a certain group.                                                                                 
                                                                                                                                
Number 341                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HALCRO  asked  if   the  sponsor  felt  that  the                                                               
insurance   companies  should   be   allowed   to  maintain   any                                                               
proprietary information with regard to how a premium is set.                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD replied  yes.   However, he  pointed out                                                               
that the Director of the Division  of Insurance has told him that                                                               
as long as  there is no statute that prohibits  the director from                                                               
allowing this particular way of  setting rates, then the director                                                               
can't  disallow  it.   Presently,  there  is no  statute  against                                                               
[credit scoring] and thus it has been allowed.                                                                                  
                                                                                                                                
REPRESENTATIVE  HALCRO expressed  concern that  HB 395  specifies                                                               
that the insurance  industry can't factor in  credit scoring when                                                               
they set premiums.                                                                                                              
                                                                                                                                
REPRESENTATIVE CRAWFORD  said that he doesn't  believe that there                                                               
is any  causality with  regard to credit  scoring.   For example,                                                               
Representative  Crawford   related  that  all  of   the  mortgage                                                               
payments he made on September  9, 2002, reached their destination                                                               
late due to  the tragedy on September 11, 2002.   Although he was                                                               
able to  get the  late payment  removed, he  wasn't able  to have                                                               
that late  payment removed from  his credit rating.   [Since that                                                               
time] all  of his insurance  rates on his rental  properties have                                                               
risen by  about 25 percent.   He  clarified that he  couldn't say                                                               
for sure that the aforementioned  rise in insurance rates was due                                                               
to credit  scoring.  Representative  Crawford related  his belief                                                               
that credit  scores don't have much  to do with whether  a person                                                               
has claims  on their  home insurance  or whether  a person  has a                                                               
good  or bad  driving record.   Representative  Crawford said  he                                                               
didn't believe that credit scoring is a good policy.                                                                            
                                                                                                                                
Number 294                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  if   [HB  395]  would  create  a                                                               
business opportunity  for an insurance company  that doesn't want                                                               
to use [credit scoring].                                                                                                        
                                                                                                                                
MR. D'AMATO replied yes.   This legislation could create a market                                                               
in which the  class of uninsured motorists could  amount to 40-50                                                               
percent and a  company could convince the  legislature to mandate                                                               
insurance.   Then the  company could enter  the market  and offer                                                               
insurance  to the  uninsured motorists.    Therefore, the  market                                                               
could correct this under such a scenario.                                                                                       
                                                                                                                                
REPRESENTATIVE  ROKEBERG  remarked that  his  point  is that  the                                                               
market  is self-correcting.   He  related his  understanding that                                                               
the  states that  allow [credit  scoring], such  as Hawaii,  were                                                               
grandfathered  in under  the Federal  Fair  Credit Reporting  Act                                                               
(FCRA),  which  permits  credit  scoring.   With  regard  to  the                                                               
testimony that  25 states  are looking [at  proposals such  as HB
395], those states  are reviewing these because  they're not sure                                                               
that it can  be done because of the supremacy  clause in the U.S.                                                               
Constitution.    He  asked  if   the  sponsor  has  reviewed  the                                                               
possibility that federal law may have preempted this.                                                                           
                                                                                                                                
MR. D'AMATO  replied yes.   Under  FCRA, up  until July  1, 2004,                                                               
insurers can  use credit  information to  pre-screen but  not [to                                                               
set] rates.  However, there  are no federal statutes that preempt                                                               
a  state's ability  to  set  rate-making.   The  majority of  the                                                               
states reviewing this are principally considering rate-making.                                                                  
                                                                                                                                
Number 249                                                                                                                      
                                                                                                                                
MARIE DARLIN, AARP, noted that  the committee should have written                                                               
testimony  from  AARP.    The AARP  doesn't  believe  that  older                                                               
individuals  should be  forced to  pay higher  insurance premiums                                                               
simply because  they don't use credit  and thus don't build  up a                                                               
credit rating.  Ms. Darlin announced AARP's support of HB 395.                                                                  
                                                                                                                                
REPRESENTATIVE  KOTT asked  if  Ms. Darlin  was  aware of  anyone                                                               
within AARP  that has been  rejected [on  the basis] of  a credit                                                               
rating.                                                                                                                         
                                                                                                                                
MS. DARLIN replied no, not personally.                                                                                          
                                                                                                                                
Number 217                                                                                                                      
                                                                                                                                
JOHN  GEORGE,   National  Association  of   Independent  Insurers                                                               
(NAII), informed the  committee that NAII is  a trade association                                                               
of about  690 property  casualty insurance  companies.   Since no                                                               
one knows  the formula that  the insurance company is  using, Mr.                                                               
George said he  didn't know how one could say  that one factor is                                                               
causing    everyone's    insurance   [premium]    to    increase.                                                               
Furthermore, all insurance companies  don't use the same formula.                                                               
Moreover,  he  didn't  know  how  one  could  charge  that  [this                                                               
formula]  would have  the same  effect on  everyone.   Mr. George                                                               
commented  that  insurance  is very  competitive  and  there  are                                                               
insurers who specialize in various types of insurance.                                                                          
                                                                                                                                
MR.  GEORGE recalled  testimony with  regard to  having mandatory                                                               
auto insurance,  which is  the case currently.   He  informed the                                                               
committee that  the insurance companies  would prefer  that there                                                               
wasn't  mandatory auto  insurance  because of  the assigned  risk                                                               
plan.   Through the assigned  risk plan  anyone has the  right to                                                               
purchase auto insurance,  and therefore anyone who  has a license                                                               
and an automobile can purchase insurance.                                                                                       
                                                                                                                                
MR.  GEORGE turned  to the  use of  the term  "credit score"  and                                                               
clarified  that it's  different than  the credit  score that  the                                                               
bank receives  when an individual  attempts to obtain  a mortgage                                                               
or car  loan.  Although  the same  credit agency may  perform the                                                               
credit  score, the  bank informs  the agency  with regard  to the                                                               
factors it  wants to consider  in their  score.  Mr.  George said                                                               
that he  would prefer to  call it the  insurance risk score.   He                                                               
explained that the insurance risk  score considers the same data,                                                               
but different  weights are placed  on different aspects  and this                                                               
varies with the insurance company.                                                                                              
                                                                                                                                
MR. GEORGE characterized the prior  testimony as an indictment of                                                               
the credit  system.  Although  Mr. George  said that he  has seen                                                               
the  information  that  the inaccuracies  on  credit  reports  is                                                               
between 1-70  percent, he  feels that  credit reports  are fairly                                                               
accurate when  one views  the inaccuracies  in terms  of material                                                               
inaccuracies.   He pointed  out that  the federal  government has                                                               
established  laws allowing  individuals  to  obtain their  credit                                                               
report and  correct it.   If the corrective system  doesn't work,                                                               
then the federal government should tighten  it up.  If this is an                                                               
indictment of  the entire system,  then every entity that  uses a                                                               
credit score should  be indicted.  However, that  doesn't seem to                                                               
be the case, he said.                                                                                                           
                                                                                                                                
MR. GEORGE  interpreted prior  testimony to  be an  indictment of                                                               
the Division  of Insurance,  which has  approved some  rates that                                                               
are based  on credit scoring.   The division has  great authority                                                               
to  review  and  examine  insurance   companies.    As  a  former                                                               
regulator, Mr. George  noted his resentment of  the indictment of                                                               
the division.   With  regard to the  Monaghan report,  Mr. George                                                               
clarified that it  is merely a report.  He  directed attention to                                                               
the following  from page  103 of the  Monaghan report,  "The data                                                               
reviewed  in  this study  produced  clear  evidence of  a  strong                                                               
correlation between credit history  and future loss performance."                                                               
An actuary  doesn't review causation  because it  doesn't matter.                                                               
"What  matters  is that  you  can  come  up with  something  that                                                               
correlates very strongly  with future losses.  We  don't care why                                                               
they  have the  losses, we  only care  that they  have them,"  he                                                               
said.  There  is an extremely strong  correlation [between credit                                                               
scores and insurance risk].                                                                                                     
                                                                                                                                
Number 055                                                                                                                      
                                                                                                                                
MR. GEORGE  turned to the  anecdotal examples that are  often the                                                               
most difficult to address because  there is often another side of                                                               
the  story.   He urged  people with  knowledge of  such anecdotal                                                               
stories to  provide him  with the  names so  that he  could track                                                               
down  the  person  and  uncover  the  problem.    [The  insurance                                                               
industry]  would  like to  fix  the  real  problem so  that  this                                                               
[credit scoring]  information could be  used in order  to provide                                                               
comfort  that people  are being  charged the  correct rate.   Mr.                                                               
George indicated  that [credit scoring]  is really  an allocation                                                               
of  who is  going  to pay  the  premium not  whether  it will  be                                                               
collected.  With  regard to AARP's comment  that [seniors] should                                                               
pay  less,  a few  years  ago  legislation was  passed  requiring                                                               
insurance companies  to give individuals  over 55 years of  age a                                                               
discount.  That discount isn't based on actuarial science.                                                                      
                                                                                                                                
TAPE 02-32, SIDE A                                                                                                              
                                                                                                                                
REPRESENTATIVE HALCRO asked  if it would safe to say  that in the                                                               
insurance industry  the premiums are different  because the risks                                                               
are  different.     For   example,  someone   living  in   a  bad                                                               
neighborhood  is going  to pay  more for  insurance than  someone                                                               
living in a good neighborhood.   He surmised that factors such as                                                               
the type of  car an individual drives to the  crime rate where an                                                               
individual  lives  are  risks  that are  used  to  determine  the                                                               
premium.                                                                                                                        
                                                                                                                                
MR. GEORGE  replied yes.  He  said that the key  piece of missing                                                               
information in  the information provided  by Mr. D'Amato  was the                                                               
amount of losses.  He turned  to the suggestion that a particular                                                               
race  has more  losses merely  because the  individuals are  of a                                                               
certain race  and pointed  out that the  credit scores  are quite                                                               
blind  to this  because  credit  scores don't  inquire  as to  an                                                               
individual's  ethnicity, religion,  or earnings.   Credit  scores                                                               
merely inquire as  to how one manages his/her finances.   In many                                                               
instances,  those  with less  money  receive  better scores  than                                                               
those with a lot of money.                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI posed a situation  in which an individual doesn't                                                               
have a credit  history, and asked if that  individual wouldn't be                                                               
able to avail themselves of any good credit discounts.                                                                          
                                                                                                                                
MR.  GEORGE   said  that  there   are  certainly   positives  and                                                               
negatives.  Those that pay  on time receive positive points while                                                               
those who  don't pay on  time and  are turned over  to collection                                                               
agencies receive negative points.   However, it's not necessarily                                                               
negative that  one has  managed his/her credit  by not  using it.                                                               
In fact, all insurance companies  can, in their own formula, make                                                               
an  exception to  accommodate such  situations.   Furthermore,  a                                                               
company  could  decide  to  target such  a  group  for  potential                                                               
clients.                                                                                                                        
                                                                                                                                
Number 091                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  inquired  as  to  the  impact  on  rate                                                               
structuring  for  property  casualty  since  the  September  11th                                                               
incident.                                                                                                                       
                                                                                                                                
MR. GEORGE answered  that the property casualty  industry is most                                                               
affected by the lack of  reinsurance or the substantial increases                                                               
in  reinsurance premium.   The  first knee-jerk  reaction by  the                                                               
reinsurers was  that they  weren't going  to cover  terrorism and                                                               
they wanted substantial  increases.  Mr. George  pointed out that                                                               
the rates for  reinsurers are unregulated.  Therefore,  that is a                                                               
serious  problem.    Although Allstate  probably  had  a  greater                                                               
number of  auto claims in  New York  than it would  otherwise, it                                                               
probably wasn't  to the extent  that it would  dramatically drive                                                               
the  rates.   One of  the largest  impacts to  the rates  is that                                                               
insurance companies  have to invest their  surplus, which they're                                                               
required to have  in order to pay claims.   In the past insurance                                                               
companies could  write insurance  at 125  percent loss  ratio and                                                               
[make their 5 percent profit], but that isn't the case now.                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  surmised that  Mr. George  is suggesting                                                               
that one of  the major squeezes on profitability  of the industry                                                               
is  low interest  rates  and the  loan  bond is  at  less than  6                                                               
percent.   Therefore,  in order  to  increase profitability,  the                                                               
industry  has  to  look  at  rate  increases.    With  regard  to                                                               
profitability, Representative Rokeberg asked  if there is a cycle                                                               
in the property  casualty business such that  insurers drop rates                                                               
in order  to obtain  market share and  then certain  entities are                                                               
weeded out  and ultimately  rates are  raised.   He asked  if the                                                               
industry is currently in the raising rate cycle.                                                                                
                                                                                                                                
MR.  GEORGE  replied  that Representative  Rokeberg  is  correct.                                                               
However, he  said that it's even  worse.  He explained  that if a                                                               
company enters  the market and  cuts its  rates in half  and then                                                               
the company  can't make  it, all  of the  other companies  in the                                                               
guarantee  association are  assessed  and pay  for those  losses.                                                               
Mr.  George characterized  the insurance  industry as  sort of  a                                                               
public utility, except there is  strong competition and if one of                                                               
the companies goes broke the others have to pay.                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG recalled  that Mr.  D'Amato said  he has                                                               
irrefutable  evidence  that  credit  scoring  is  discriminatory.                                                               
However, the  statute specifies that  "in rate making,  the rates                                                               
shall not be excessive,  inadequate, or unfairly discriminatory."                                                               
He  related  his understanding  that  discrimination  is part  of                                                               
actuarial rate  making; the issue  is whether  the discrimination                                                               
is unfair.                                                                                                                      
                                                                                                                                
MR.  GEORGE  agreed.    Mr.   George  said  that  there  are  two                                                               
scenarios.  One  scenario would be a situation  in which everyone                                                               
pays the same  rate.  The other scenario would  be a situation in                                                               
which  each individual's  life history  is reviewed  in order  to                                                               
determine  his/her rate.   The  current system  falls in  between                                                               
those two scenarios.                                                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG asked,  "Isn't the point of  this bill to                                                               
keep from harming  consumers and driving rates up?"   He recalled                                                               
the  testimony  that  [credit  scoring]  "separates"  people  and                                                               
drives rates up for certain classes of people versus others.                                                                    
                                                                                                                                
MR. GEORGE  informed the  committee that what  has been  found is                                                               
that  many  companies write  more  insurance  policies than  they                                                               
would have written  without the credit score,  the insurance risk                                                               
score, because of  the greater comfort it provides.   The goal is                                                               
to assign the  appropriate rate so that one  group isn't unfairly                                                               
subsidizing another  group.  Discrimination is  fully accepted in                                                               
insurance  rating, it  just shouldn't  be unfair  discrimination.                                                               
The most  unfair situation would be  one in which one  group with                                                               
low losses subsidizes another group with higher losses.                                                                         
                                                                                                                                
Number 191                                                                                                                      
                                                                                                                                
REPRESENTATIVE   CRAWFORD  turned   to   Mr.  George's   comments                                                               
characterizing Representative Crawford  as indicting the Director                                                               
of  the  Division  of  Insurance  for not  doing  his  job.    He                                                               
clarified that his comments were  that the director didn't change                                                               
[credit  scoring] because  there is  no law  that specifies  that                                                               
[credit scoring] is  the wrong way to set rates.   The people who                                                               
aren't doing their job are  the legislators who haven't made this                                                               
policy call,  he said.   [This  legislation] attempts  to correct                                                               
the situation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  CRAWFORD recalled  when he  shopped around  for a                                                               
mortgage company in order to  receive lower rates.  Shortly after                                                               
deciding on  a mortgage  company, he decided  to obtain  a better                                                               
credit  card.    However,  the credit  card  company  denied  his                                                               
request because he  had too many inquiries on  his credit rating.                                                               
He asked  if [credit scoring]  is an appropriate criteria  to set                                                               
his home and auto insurance rates.                                                                                              
                                                                                                                                
MR. GEORGE began by apologizing  and specifying that his comments                                                               
weren't a  personal indictment.   He said  that he  believes that                                                               
the  director has  full authority  to approve  or disapprove  the                                                               
rates  if   they  are  unfair   or  can't  be   substantiated  as                                                               
appropriate.   In regard to Representative  Crawford's particular                                                               
situation, he  surmised that  Representative Crawford  was saying                                                               
that the credit  card company may have unfairly  used [the credit                                                               
scoring] information.  He noted  that FCRA includes safeguards so                                                               
that  errors can  be  corrected and  thus he  felt  it should  be                                                               
incumbent upon  lenders and insurers to  consider the corrections                                                               
or explanations.                                                                                                                
                                                                                                                                
MR. GEORGE  turned to the  unsolicited credit card  offers, which                                                               
do  pull an  individual's credit.   However,  he wasn't  aware of                                                               
anyone  who  used  those  for any  insurance  score  because  the                                                               
individual didn't  request those.   Someone who applies  for five                                                               
credit cards is a different situation, he pointed out.                                                                          
                                                                                                                                
MR. GEORGE recalled  that Mr. D'Amato had said that  HB 395 would                                                               
eliminate  using   credit  scores   for  auto  and   home  owners                                                               
[insurance].   However, it would  [also] eliminate  credit scores                                                               
for surety  bonds, fidelity coverage,  et cetera.   Therefore, no                                                               
credit could  be used  to underwrite for  any line  of insurance,                                                               
which Mr. George characterized as an unintended consequence.                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  remarked that the aforementioned  was an                                                               
unintended consequence that he would try to correct.                                                                            
                                                                                                                                
Number 281                                                                                                                      
                                                                                                                                
BOB  LOHR,   Director,  Division  of  Insurance,   Department  of                                                               
Community   &   Economic   Development  (DCED),   testified   via                                                               
teleconference  in  support   of  appropriate  restrictions  with                                                               
regard  to the  use  of credit  scoring  by insurance  companies.                                                               
Furthermore,  the division  supports the  concept behind  HB 395.                                                               
The question regarding  whether to out right prohibit  the use of                                                               
credit  scoring by  insurance companies  is a  legislative policy                                                               
call.   Mr. Lohr  explained that  presently the  division reviews                                                               
auto and  home owner  insurance rates  and applies  AS 21.39.030,                                                               
and  only approves  rates that  aren't excessive,  inadequate, or                                                               
unfairly discriminatory.   Credit information and  credit scoring                                                               
was first approved  for use in Alaska about four  years ago.  The                                                               
division  required  extensive  documentation from  the  insurance                                                               
company  to  support  its  use.   Currently,  a  total  of  seven                                                               
insurance companies have approved  auto rate filings that include                                                               
the use of credit scoring.   Since December 2000 the division has                                                               
received  11 auto  rate filings  that have  requested the  use of                                                               
credit information  in rating applicants for  insurance coverage.                                                               
Of those, six  haven't used [credit scoring]  either because they                                                               
were withdrawn  or the insurance  company removed  credit scoring                                                               
from  the  factor.    Two  auto filings  were  approved  and  the                                                               
remaining filings are under review  or have been disapproved.  Of                                                               
the  four  home  owner  filings  requesting  the  use  of  credit                                                               
information  in  rating  applicants, three  have  removed  credit                                                               
scoring and the remaining filing is still under review.                                                                         
                                                                                                                                
MR. LOHR continued by informing  the committee that two insurance                                                               
companies also  use credit scoring  in the  underwriting process.                                                               
"Unlike  the  rating  of insurance  applications  based  on  risk                                                               
factors,  the  Division  of Insurance  does  not  have  statutory                                                               
authority  to require  prior approval  of underwriting  criteria;                                                               
that is we don't have  statutory authority over underwriting," he                                                               
explained.   As  the use  of  credit scoring  has increased,  the                                                               
division  has   received  consumer  complaints  about   its  use.                                                               
Several  of  those  complaints state  that  policy  holder  rates                                                               
increased  simply because  of  the credit  score  not because  of                                                               
changes  in driving  factors.   The  insurance companies  haven't                                                               
been able to adequately explain  why auto rates change because of                                                               
credit history.                                                                                                                 
                                                                                                                                
MR.  LOHR pointed  out that  recently the  Washington legislature                                                               
has adopted legislation  on the subject of credit  scoring.  That                                                               
legislation does restrict the use  of credit scores in evaluating                                                               
the application  by insurance  companies.   For example,  for the                                                               
underwriting considerations for  cancellation and nonrenewal, the                                                               
use  of  one's  credit  history   will  be  entirely  prohibited.                                                               
Furthermore, current holders of  policies won't lose their policy                                                               
based on changes to their  credit history while new customers can                                                               
be denied  coverage based  on a credit  history that  is combined                                                               
with  other  underwriting  factors.    Severe  restrictions  were                                                               
placed on  the absence  of credit history,  the number  of credit                                                               
inquiries,  collection accounts  identified  with medical  bills,                                                               
the  initial  purchase  of  vehicles  or  homes,  the  use  of  a                                                               
particular  type of  credit card,  and the  total line  of credit                                                               
held by a consumer.   In summary, Mr. Lohr said  that there are a                                                               
number of approaches that attempt  to construe the term "unfairly                                                               
discriminatory"  in  the  context  of   credit  scoring  used  by                                                               
insurers.                                                                                                                       
                                                                                                                                
Number 349                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI pointed out that  the committee packet includes a                                                               
document regarding what is happening  in the State of Washington.                                                               
This document  also refers to  not allowing credit scoring  to be                                                               
the  sole  criterion.    She   said  she  understood  Mr.  Lohr's                                                               
testimony  to relate  that  appropriate  restrictions [to  credit                                                               
scoring] should  be considered,  but whether  to have  a complete                                                               
prohibition is a policy call for the legislature.                                                                               
                                                                                                                                
REPRESENTATIVE   HALCRO  related   his  understanding   that  the                                                               
division  has   the  authority  to   review  all   rate  filings.                                                               
Therefore,  if a  company  approaches the  division  with a  rate                                                               
based on credit  scoring, the division has the  ability to review                                                               
whether it's fair.                                                                                                              
                                                                                                                                
MR. LOHR answered  that such would be the case  for most lines of                                                               
insurance.  For the lines  of insurance that have been discussed,                                                               
the division has  the responsibility to determine  that the rates                                                               
aren't  unfairly   discriminatory.    He  noted   that  "unfairly                                                               
discriminatory"  is a  fairly  vague term.    When these  filings                                                               
[that  allowed  credit  scoring] were  originally  approved,  the                                                               
reviewers didn't  find them to  be unfairly discriminatory.   Now                                                               
that  the  filings have  been  approved,  the  burden is  on  the                                                               
division to  show that those  rates are  unfairly discriminatory.                                                               
He  acknowledged  the potential  for  credit  scoring to  produce                                                               
unfairly discriminatory  rates.   However, to actually  show that                                                               
such has happened  would be far more difficult and  [result in] a                                                               
pretentious and protracted proceeding,  he predicted.  In further                                                               
response to  Representative Halcro,  Mr. Lohr confirmed  that the                                                               
division  has denied  some  of  the filings  that  were based  on                                                               
credit scoring.                                                                                                                 
                                                                                                                                
Number 303                                                                                                                      
                                                                                                                                
SARAH   McNAIR-GROVE,  Actuary   P/C,   Division  of   Insurance,                                                               
Department of Community & Economic  Development, addressed the 11                                                               
auto  insurance   filings  that  requested  the   use  of  credit                                                               
information.   Through the division's process,  considerable time                                                               
has been spent gathering information.   The division spent over a                                                               
year  gathering  information  for  one particular  filing.    She                                                               
explained  that once  the division  receives a  filing it  has 15                                                               
days to review it and send  questions to the insurer.  Therefore,                                                               
the fact that  the process has taken a year  indicates that there                                                               
have  been   substantial  communications.     She   informed  the                                                               
committee  that   the  insurer  was  asked   to  provide  support                                                               
justifying the use of the  model, to specify which information is                                                               
used from  the credit  report that  goes into  the model,  and to                                                               
[point out] the  correlation those particular items  have to loss                                                               
experience and loss history.   She noted that the division hasn't                                                               
received some  of the information  that details what  factors are                                                               
taken  off the  credit report  and how  those go  into the  model                                                               
because the insurers believe that  information to be proprietary.                                                               
Because the  division couldn't make a  determination, the insurer                                                               
withdrew its filing  in order to get some of  the other pieces of                                                               
the filing approved.                                                                                                            
                                                                                                                                
Number 400                                                                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO  suggested that  when insurers come  to the                                                               
division  with  a  rate  filing  based  on  credit  scoring,  the                                                               
insurers should have  to "show their work."  He  viewed that as a                                                               
better alternative than completely prohibiting credit scoring.                                                                  
                                                                                                                                
MR.  McNAIR-GROVE explained  that  from  the insurance  company's                                                               
point of  view the  current problem relates  to the  statute that                                                               
says, "when  a filing  becomes effective, the  filing and  all of                                                               
its  supporting information  is public."   Because  the insurance                                                               
companies have  worked hard  on these  filings or  have purchased                                                               
them  from  third party  vendors  who  are the  credit  reporting                                                               
agencies,  they  don't want  this  information  disclosed to  the                                                               
public.   Changing statute  to allow  the insurance  companies to                                                               
keep  supporting information  private is  a policy  call for  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR MURKOWSKI  said she assumed  that the division  did receive                                                               
the  [proprietary  supporting   information]  for  those  filings                                                               
[using credit scoring] that the division approved.                                                                              
                                                                                                                                
MS.  McNAIR-GROVE answered  that  because  the insurance  company                                                               
wanted their filing  approved, it provided the  division with the                                                               
[proprietary  supporting information].   The  first company  that                                                               
the division approved  was able to provide the  division with the                                                               
information because it did its own in-house model.                                                                              
                                                                                                                                
CHAIR   MURKOWSKI  surmised   then  that   Ms.  McNair-Grove   is                                                               
suggesting that  models obtained  through a  third party  make it                                                               
difficult to obtain the [proprietary supporting information].                                                                   
                                                                                                                                
MS.  McNAIR-GROVE clarified  that such  would be  partially true.                                                               
She explained that  a recent filing from  Allstate was withdrawn.                                                               
Although Allstate does its own  proprietary model, it didn't want                                                               
to make it public.                                                                                                              
                                                                                                                                
Number 424                                                                                                                      
                                                                                                                                
REPRESENTATIVE   HALCRO   expressed   concern   with   completely                                                               
prohibiting  the  ability to  use  credit  scoring.   Those  with                                                               
excellent  credit  who are  also  a  low  risk should  enjoy  the                                                               
benefit  of   lower  premiums  based  on   their  credit  scores.                                                               
However,  those  with  no  credit   or  only  one  or  two  minor                                                               
incidences on  their credit report  should have their  ability to                                                               
purchase coverage protected as well  as the affordability of that                                                               
coverage.   He  asked if  narrowing the  type of  information the                                                               
insurance  companies  had to  supply  to  the division  would  be                                                               
helpful.                                                                                                                        
                                                                                                                                
MS. McNAIR-GROVE  said, "I'm not  sure that it's  the information                                                               
that  they would  have to  supply to  us; I  think it's  how they                                                               
would use that  information."  She pointed out that  the State of                                                               
Washington  is placing  some limits  on the  difference in  rates                                                               
between  the lowest  and  the  highest.   Although  she said  she                                                               
wasn't suggesting that  such be done, she felt  that perhaps such                                                               
limitations   would  be   more   helpful   than  specifying   the                                                               
information that has to be provided to the division.                                                                            
                                                                                                                                
Number 442                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HAYES  asked  if  an individual  could  obtain  a                                                               
listing of the nine companies that  are using a model with credit                                                               
scoring.                                                                                                                        
                                                                                                                                
MS.   McNAIR-GROVE  replied   yes,  those   filings  are   public                                                               
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  related his  understanding that  the act                                                               
of underwriting relates to whether  a company will accept or deny                                                               
a new client.  He said  he believes that those standards could be                                                               
effected by  the credit rating.   Therefore, he asked  whether HB
395 would prohibit the underwriting  or selection of new business                                                               
by insurers.                                                                                                                    
                                                                                                                                
MR. LOHR explained that the current  draft of HB 395 includes the                                                               
notion of  underwriting.  However,  if the goal  of HB 395  is to                                                               
prohibit the use of credit  scoring in underwriting, the division                                                               
would recommend an amendment that  is directed to AS 21.36, which                                                               
is a more appropriate location for underwriting restrictions.                                                                   
                                                                                                                                
REPRESENTATIVE  ROKEBERG recalled  Mr.  Lohr's earlier  testimony                                                               
that  the division  doesn't have  the authority  to regulate  the                                                               
underwriting functions.                                                                                                         
                                                                                                                                
MR.  LOHR  said  that  currently  he  doesn't  believe  that  the                                                               
division has  general authority  to oversee  or second  guess the                                                               
underwriting process  by insurers.   If it were to  be addressed,                                                               
he said he believes it would be precedent-setting.                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG surmised that HB  395 is opening up a new                                                               
area of government regulation.                                                                                                  
                                                                                                                                
Number 477                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI referred  to a document that notes  that the NAIC                                                               
appointed  a  group  to  review this  issue  of  consumer  credit                                                               
reports in  underwriting.   She inquired as  to whether  Mr. Lohr                                                               
had any information from that group.                                                                                            
                                                                                                                                
MR. LOHR  informed the  committee that  the group  reviewing this                                                               
issue  will have  a quarterly  meeting in  the next  week to  ten                                                               
days.   Mr. Lohr noted  that he  is the Alaska  representative at                                                               
that  meeting and  thus  he  intends to  fully  participate.   In                                                               
further response  to Chair  Murkowski, Mr.  Lohr agreed  that his                                                               
participation will  result in  updates with  regard to  how other                                                               
states are addressing  this issue.  He mentioned  that today [the                                                               
division]  received the  language  of the  State of  Washington's                                                               
bill.  He offered to forward that language to the committee.                                                                    
                                                                                                                                
REPRESENTATIVE HALCRO asked  if Mr. Lohr read HB 395  to apply to                                                               
all lines of insurance, including commercial policies.                                                                          
                                                                                                                                
MR.  LOHR  said that  HB  395  is  broadly  written and  thus  he                                                               
believes it would apply to any  lines of insurance over which the                                                               
division   has  rate-making   authority.     However,  commercial                                                               
policies are  somewhat in transition  due to the provision  in HB
184 that  requires the division  to adopt  regulations addressing                                                               
the subject of commercial deregulation by July 1, 2002.                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG returned  to the  [NAIC] group  that Mr.                                                               
Lohr is part  of and asked whether Mr. Lohr  believes that a room                                                               
full of  insurance commissioners would have  a philosophical bias                                                               
to regulate more or less.                                                                                                       
                                                                                                                                
MR. LOHR  characterized the aforementioned as  a loaded question.                                                               
From  his  experience  he  said  that  normally  bureaucrats  and                                                               
regulators don't  seek reductions  in their authority.     On the                                                               
other hand,  any discussions of  this group will have  input from                                                               
the  public.   Therefore,  any model  regulations or  legislation                                                               
would  receive the  full  input of  the  public, including  heavy                                                               
participation from the insurance industry.                                                                                      
                                                                                                                                
Number 523                                                                                                                      
                                                                                                                                
MICHAEL  LESSMEIER,  Lobbyist,   State  Farm  Insurance  Company,                                                               
Lessmeier  &  Winters, noted  that  the  committee packet  should                                                               
include  a copy  of the  letter he  sent to  Senator Ben  Stevens                                                               
regarding identical legislation  in the Senate.   He informed the                                                               
committee  that State  Farm currently  writes approximately  24.4                                                               
percent of  the automobile insurance  premiums written  in Alaska                                                               
and almost 35 percent of  the homeowner's insurance premiums.  He                                                               
felt that  these statistics  are important to  keep in  mind when                                                               
there  are charges  that insurance  companies  are using  [credit                                                               
scoring] as  a tool to  raise rates.   Mr. Lessmeier  stated that                                                               
State Farm isn't  using [credit scoring] to set  rates in Alaska.                                                               
Furthermore, he  said he didn't  believe that the way  State Farm                                                               
is using [credit scoring] can be criticized.                                                                                    
                                                                                                                                
MR. LESSMEIER  turned to  the question of  who benefits  from the                                                               
proper use of  [credit scoring].  He informed  the committee that                                                               
State  Farm  has  a  fire   and  casualty  company  that  insures                                                               
homeowners,  an  automobile  company   that  insures  those  with                                                               
automobile insurance,  and a mutual  company that deals  with the                                                               
preferred customers.   For the  automobile insurance,  State Farm                                                               
started using an  underwriting score in February  2001 in Alaska.                                                               
That  underwriting   score  considers   traditional  underwriting                                                               
criteria such  as loss history,  frequency of loss, and  types of                                                               
loss.    The  underwriting  score also  includes  a  factor  that                                                               
considers  certain  elements of  credit.    However, this  credit                                                               
factor  doesn't  consider things  such  as  past due  medical  or                                                               
utility accounts.   [The underwriting score] arrives  as a single                                                               
score  and is  used only  for  new business.   Furthermore,  [the                                                               
underwriting score] is  primarily used to write  someone that the                                                               
company  wouldn't  otherwise  write because  of  the  traditional                                                               
underwriting criteria.   He noted that there is  a rare exception                                                               
in  which  the [underwriting  score]  might  be used  to  exclude                                                               
someone.  Use of the  [underwriting score] resulted in State Farm                                                               
more than doubling the new  business that it wrote for automobile                                                               
insurance.  Through the use  of [the underwriting score] we chose                                                               
to  write  people  that  we   wouldn't  have  otherwise  written.                                                               
Furthermore, [the  underwriting score] has allowed  State Farm to                                                               
take those  that would be in  the standard company and  move them                                                               
to  the  mutual  company.    Therefore,  State  Farm  views  [the                                                               
underwriting  score] as  positive and  acceptable and  thus would                                                               
hate  to see  the legislature  completely ban  it.   He estimated                                                               
that  last year  the automobile  side  of State  Farm wrote  over                                                               
4,000 additional  people.  Perhaps  not everyone was  affected by                                                               
this, but many probably were.                                                                                                   
                                                                                                                                
MR. LESSMEIER  recalled that there  has been much  testimony with                                                               
regard to  whether bad  credit causes  a loss.   He  informed the                                                               
committee  that  State  Farm  did  a  study  that  found  a  high                                                               
correlation  between   those  who  mismanage  their   credit  and                                                               
increased risk.   State Farm  believes that strongly  enough that                                                               
it is  willing to take that  tool and justify writing  risks that                                                               
it wouldn't  otherwise write.   He said, "They wouldn't  be doing                                                               
that if they doubted the validity  of the predictor."  He related                                                               
his belief  that there is overwhelming  statistical evidence that                                                               
[credit scoring] is a valid predictor.                                                                                          
                                                                                                                                
TAPE 02-32, SIDE B                                                                                                              
                                                                                                                                
MR. LESSMEIER  characterized [credit  scoring] as fair  when it's                                                               
used to  identify a  higher category  of risk  so that  the rate-                                                               
making process can result in  the appropriate rate being applied.                                                               
Therefore,   people  of   one  category   of  risk   wouldn't  be                                                               
subsidizing people  of another category  of risk.   Mr. Lessmeier                                                               
related  [State   Farm's]  position  that  [credit   scoring]  is                                                               
[appropriate] and  the real  issue is in  relation to  abuses and                                                               
how  to  stop those.    He  expressed  curiosity with  regard  to                                                               
whether the  division has found  any misuse of  [credit scoring].                                                               
Mr. Lessmeier said he couldn't  imagine why an insurer would want                                                               
to "run off" long-time customers on the basis of a credit score.                                                                
                                                                                                                                
MR. LESSMEIER  turned to the  litany of potential abuses  that he                                                               
has heard  discussed.  He pointed  out that if there  is an abuse                                                               
in the rate applied to a  particular group, that rate has already                                                               
been approved by  the division before being applied  to anyone in                                                               
the state.   Therefore,  the authority is  there, and  is present                                                               
beyond  merely approving  the rate.       Mr. Lessmeier  recalled                                                               
Senator Donley's  unfair trade  practices legislation  last year.                                                               
He said  that it's  an unfair  trade practice  for an  insurer to                                                               
make an  arbitrary or unfair  discrimination between  insureds or                                                               
property  that share  like risk  characteristics.   Therefore, if                                                               
[credit  scoring] is  being misused,  there  are other  statutory                                                               
tools present  to [address] and  stop the misuse.   Mr. Lessmeier                                                               
related his  belief that Representative Halcro's  suggestion of a                                                               
confidentiality provision would make the division's job easier.                                                                 
                                                                                                                                
MR. LESSMEIER reiterated  his earlier testimony that  many of the                                                               
ways in  which insurers use  this information is different.   For                                                               
example,  he  understood  that State  Farm  doesn't  penalize  an                                                               
individual  for  not  having  credit  activity.    Mr.  Lessmeier                                                               
related  his belief  that the  market  place has  worked well  in                                                               
Alaska and he  believes it will continue to do  so.  Furthermore,                                                               
he  said  he   believes  that  the  Division   of  Insurance  has                                                               
significant oversight to allow [credit  scoring] to work properly                                                               
and  stop   situations  in  which  it   isn't  working  properly.                                                               
Therefore,  Mr.   Lessmeier  encouraged  the  committee   to  not                                                               
entirely prohibit the use of [credit scoring].                                                                                  
                                                                                                                                
Number 533                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HALCRO   recalled  Senator  Donley's   bill  that                                                               
provided the  director of  the division the  ability to  go after                                                               
some unfair trade practices without  having to prove a systematic                                                               
trail  of abuses.   Therefore,  the director  could go  after the                                                               
first sign of abuse, which seems to address any abuse.                                                                          
                                                                                                                                
MR.  LESSMEIER  said  he  thinks  the  director  has  significant                                                               
authority  to stop  anything  that the  director  believes to  be                                                               
unfair.   He indicated  that directors have  ways of  stopping an                                                               
unfair practice  without going  "to that  point."   He reiterated                                                               
the  need  to document  and  stop  specific  abuses that  can  be                                                               
documented.   Furthermore, if the  division needs a tool  to help                                                               
it  with  its  regulatory  authority,   then  let's  provide  the                                                               
division  with   that  tool.    For   example,  Ms.  McNair-Grove                                                               
indicated that  insurers may  be reluctant  to show  the division                                                               
their  formula   due  to  their   belief  that  the   formula  is                                                               
proprietary.   If that fear could  be removed via a  guarantee of                                                               
confidentiality, then it would seem  that the division would have                                                               
an  easier  task  of  reviewing these  filings.    Mr.  Lessmeier                                                               
mentioned that he  has had a client who  has experienced problems                                                               
with the lack of sufficient  confidentiality laws.  He reiterated                                                               
State Farm's  belief that  taking the  tool [of  credit scoring],                                                               
which  does   have  value  as   a  predictor  and  can   be  used                                                               
appropriately, is bad for the insuring public in general.                                                                       
                                                                                                                                
Number 506                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI  requested that Ms. Lessmeier  take the committee                                                               
through  how State  Farm would  deal  with a  senior citizen  who                                                               
doesn't have  any active credit  history.  What would  State Farm                                                               
look at in order to place such an individual, she asked.                                                                        
                                                                                                                                
MR. LESSMEIER  related his understanding that  no credit activity                                                               
wouldn't  be a  negative factor  and the  individual would  still                                                               
receive an underwriting score.                                                                                                  
                                                                                                                                
CHAIR  MURKOWSKI  surmised then  that  such  an individual  would                                                               
enter State  Farm at the same  level as any other  new applicant.                                                               
Without a credit history, can  a senior citizen "bump herself up"                                                               
with regard to homeowner's insurance.                                                                                           
                                                                                                                                
MR.   LESSMEIER  answered   that   State  Farm   only  uses   the                                                               
underwriting score  to improve  someone's status  for homeowner's                                                               
insurance.    Furthermore,  that   has  only  be  utilized  since                                                               
September 2001 and,  to his knowledge, has only been  done in two                                                               
instances.  With regard to  auto insurance, Mr. Lessmeier related                                                               
his  understanding that  an individual  without a  credit history                                                               
isn't penalized.                                                                                                                
                                                                                                                                
CHAIR MURKOWSKI said, "But they can't move up."                                                                                 
                                                                                                                                
MR. LESSMEIER related  that he didn't believe  such an individual                                                               
would be penalized in any way.   Mr. Lessmeier said that the real                                                               
question  would  be whether  this  individual  would qualify  for                                                               
placement in  the mutual company  based on the  other traditional                                                               
underwriting  criteria.    He  said  he  believes  that  such  an                                                               
individual would qualify for placement in the mutual company.                                                                   
                                                                                                                                
CHAIR  MURKOWSKI recalled  earlier testimony  that an  individual                                                               
with  some "black  eyes" on  their  driving record,  but with  an                                                               
excellent  credit  history  could  be  placed  in  the  preferred                                                               
category.   However, an  individual with  a clean  driving record                                                               
but not so good credit history might be treated differently.                                                                    
                                                                                                                                
MR. LESSMEIER said that he  didn't believe that was referencing a                                                               
State Farm applicant.   He expressed disbelief  that one's credit                                                               
history  could override  two  DUIs.   Mr.  Lessmeier related  his                                                               
understanding that the only way  that State Farm would use credit                                                               
history would be for an initial  applicant in order to write that                                                               
initial  applicant  when the  company  wouldn't  otherwise or  to                                                               
place the client in the mutual company rather than the standard.                                                                
                                                                                                                                
Number 464                                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI  recalled  Mr.  Lessmeier's  question  regarding                                                               
whether complaints filed with the  division have been found to be                                                               
valid with regard to the use of credit scoring.                                                                                 
                                                                                                                                
MS.  McNAIR-GROVE explained  that the  division is  still looking                                                               
into  those  complaints.   The  division  has had  difficulty  in                                                               
obtaining  clear answers  from the  insurers with  regard to  the                                                               
decisions they  made.   She said  she didn't  believe any  of the                                                               
complaints had reached investigation status at this point.                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  recalled Ms.  McNair-Grove's  testimony                                                               
regarding the  number of companies that  have applied, withdrawn,                                                               
and  were approved.   He  estimated that  her figures  meant that                                                               
about 80  percent of  the applicants  either withdrew  or weren't                                                               
approved by  the division.  He  asked if that is  the normal rate                                                               
of attrition.                                                                                                                   
                                                                                                                                
MS. McNAIR-GROVE  said that is  a rather  high rate that  isn't a                                                               
normal rate at which the division disapproves filings.                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that  this is fairly telling in                                                               
that  it indicates  that the  division is  fairly aggressive  and                                                               
doing its job.                                                                                                                  
                                                                                                                                
MS.  McNAIR-GROVE, in  response to  Chair Murkowski,  related her                                                               
belief that the high number of  withdrawals is related to the use                                                               
of  the proprietary  models that  resulted in  the companies  not                                                               
wanting to disclose that information.                                                                                           
                                                                                                                                
Number 428                                                                                                                      
                                                                                                                                
MR. LESSMEIER  highlighted that he  can only speak to  what State                                                               
Farm  does, not  the  industry as  a whole.    He reiterated  his                                                               
belief that it's  critical for the committee to  know whether the                                                               
division  has seen  a  misuse of  [credit  scoring] by  insurance                                                               
companies in Alaska.   If that misuse has occurred,  it [would be                                                               
helpful]  to know  how  that  misuse occurred.    Only with  that                                                               
information, can the  determination be made as to  how to correct                                                               
it.   Again,  he  said he  didn't  believe it  would  be wise  to                                                               
entirely  preclude the  use of  a tool  that has  beneficial uses                                                               
merely  because  of anecdotal  evidence  or  evidence from  other                                                               
jurisdictions that may have different regulatory schemes.                                                                       
                                                                                                                                
MR.  LESSMEIER   highlighted  the  importance  of   knowing  that                                                               
overall,  insurance rates  are determined  by  the frequency  and                                                               
severity of  loss.  There  have been suggestions [in  the Senate]                                                               
that rates in Hawaii are low due  to the ban on the use of credit                                                               
scoring.  He  related that any assertion to  that effect reflects                                                               
a  misunderstanding of  the factors  that do  influence insurance                                                               
rates.  The only thing credit  scoring relates to is in regard to                                                               
what business is written by what company and who pays.                                                                          
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  if  Mr.  Lessmeier is  suggesting                                                               
that because  of FCRA, "we  couldn't do what  we're contemplating                                                               
doing here."                                                                                                                    
                                                                                                                                
MR.  LESSMEIER replied  that he  believes part  of what  is being                                                               
contemplated   could   be   accomplished.      He   related   his                                                               
understanding of  FCRA that even if  [HB 395] is passed,  some of                                                               
the direct  writers will  use credit scoring  in order  to target                                                               
those they want to solicit via  the mail, which he likened to the                                                               
unsolicited  credit card  applications.   He didn't  believe such                                                               
could be stopped.                                                                                                               
                                                                                                                                
CHAIR MURKOWSKI remarked  that some good issues  have been raised                                                               
such  as Representative  Halcro's suggestion  for a  guarantee of                                                               
confidentiality and Representative  Rokeberg's comments regarding                                                               
the impact to the underwriter.   Enough legitimate questions have                                                               
been raised,  and therefore she  requested that the  sponsor take                                                               
under [advisement] and report back to the committee.                                                                            
                                                                                                                                
REPRESENTATIVE  CRAWFORD announced  his desire  to review  HB 395                                                               
and address the unintended consequences.                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
6:04 p.m.                                                                                                                       

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