Legislature(2001 - 2002)

04/19/2002 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                                                                         
                         April 19, 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                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 220(L&C)                                                                                                 
"An Act relating to the scope of practice authorized under a                                                                    
license to practice hairdressing."                                                                                              
                                                                                                                                
     - MOVED CSSB 220(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                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 220                                                                                                                  
SHORT TITLE:SCOPE OF PRACTICE OF HAIRDRESSING                                                                                   
SPONSOR(S): SENATOR(S) GREEN                                                                                                    
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
05/02/01     1435       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/02/01     1435       (S)        L&C                                                                                          
03/14/02                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
03/14/02                (S)        Heard & Held                                                                                 
03/14/02                (S)        MINUTE(L&C)                                                                                  
03/26/02                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
03/26/02                (S)        Moved CSSB 220(L&C) Out of                                                                   
                                   Committee                                                                                    
03/26/02                (S)        MINUTE(L&C)                                                                                  
03/27/02     2534       (S)        L&C RPT CS 4DP SAME TITLE                                                                    
03/27/02     2534       (S)        DP: STEVENS, AUSTERMAN,                                                                      
                                   DAVIS,                                                                                       
03/27/02     2534       (S)        TORGERSON                                                                                    
03/27/02     2534       (S)        FN1: ZERO(CED)                                                                               
04/03/02     2609       (S)        RULES TO CALENDAR 4/3/02                                                                     
04/03/02     2610       (S)        READ THE SECOND TIME                                                                         
04/03/02     2611       (S)        L&C CS ADOPTED UNAN CONSENT                                                                  
04/03/02     2611       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
04/03/02     2611       (S)        READ THE THIRD TIME CSSB
                                   220(L&C)                                                                                     
04/03/02     2611       (S)        PASSED Y19 N- E1                                                                             
04/03/02     2619       (S)        TRANSMITTED TO (H)                                                                           
04/03/02     2619       (S)        VERSION: CSSB 220(L&C)                                                                       
04/03/02                (S)        RLS AT 10:30 AM FAHRENKAMP                                                                   
                                   203                                                                                          
04/03/02                (S)        MINUTE(RLS)                                                                                  
04/04/02     2793       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/04/02     2793       (H)        L&C                                                                                          
04/19/02                (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                                                                    
03/06/02                (H)        Heard & Held                                                                                 
03/06/02                (H)        MINUTE(L&C)                                                                                  
04/19/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GERALDINE McINTOSH, Staff                                                                                                       
to Senator Lyda Green                                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 125                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on behalf of the sponsor of SB
220, Senator Lyda Green.                                                                                                        
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
PO Box 110806                                                                                                                   
Juneau, Alaska  99811-0806                                                                                                      
POSITION STATEMENT:                                                                                                             
                                                                                                                                
VANNA PETERSON, Owner                                                                                                           
The Hair Loft                                                                                                                   
236 Lincoln Street, Number 105                                                                                                  
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of [CSSB 220(L&C)].                                                                   
                                                                                                                                
DEBRA RIGDON                                                                                                                    
3201 Halibut Point Road, Number 5                                                                                               
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of [CSSB 220(L&C)].                                                                   
                                                                                                                                
SANDY GUGGENBICKLER                                                                                                             
815 Lake Street                                                                                                                 
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of [CSSB 220(L&C)].                                                                   
                                                                                                                                
STASHEA STRELAW                                                                                                                 
P.O. Box 6013                                                                                                                   
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of [CSSB 220(L&C)].                                                                   
                                                                                                                                
CECILIA RIDGE                                                                                                                   
P.O. Box 6228                                                                                                                   
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of [CSSB 220(L&C)].                                                                   
                                                                                                                                
DAVE D'AMATO, Staff                                                                                                             
to Representative Harry Crawford                                                                                                
Alaska State Legislature                                                                                                        
Capitol Building, Room 426                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions related to Version L of                                                                 
HB 395.                                                                                                                         
                                                                                                                                
DAVID McCARTER                                                                                                                  
857 Faultline Drive                                                                                                             
North Pole, Alaska 99705                                                                                                        
POSITION STATEMENT:   Related his preference for  the Senate Bill                                                               
that specified that no credit profiling would be done.                                                                          
                                                                                                                                
DAVID VALDEZ                                                                                                                    
658 Fairbanks Street                                                                                                            
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:   Testified that  [Version L] is  better than                                                               
[the gutted Senate Bill].                                                                                                       
                                                                                                                                
TARA DRENNON                                                                                                                    
PO Box 81294                                                                                                                    
Fairbanks, Alaska 99708                                                                                                         
POSITION STATEMENT:   Expressed concern  with regard to  the lack                                                               
of provisions in HB 395 for the victims of identity theft.                                                                      
                                                                                                                                
LIZ OFELT                                                                                                                       
PO Box 750148                                                                                                                   
Fairbanks, Alaska 99708                                                                                                         
POSITION STATEMENT:  Provided comments  from her perspective as a                                                               
insurance agent.                                                                                                                
                                                                                                                                
STEVE CONN, Executive Director                                                                                                  
Alaska Public Interest Research Group                                                                                           
PO Box 101093                                                                                                                   
Anchorage, Alaska 99503                                                                                                         
POSITION  STATEMENT:   Characterized CSHB  395 [Version  L] as  a                                                               
compromise.                                                                                                                     
                                                                                                                                
MARK NEIHAUS                                                                                                                    
Progressive Insurance                                                                                                           
(No address provided)                                                                                                           
POSITION  STATEMENT:   Discussed how  Progressive Insurance  uses                                                               
credit scoring, and suggested changes to CSHB 395 [Version L].                                                                  
                                                                                                                                
MIKE HAROLD, Northwest Regional Manager                                                                                         
National Association of Independent Insurers                                                                                    
(No address provided)                                                                                                           
POSITION STATEMENT:   Related his  belief that CSHB  395, Version                                                               
L, has a number of problems.                                                                                                    
                                                                                                                                
ELIZABETH MOCERI, Regional Counsel                                                                                              
Allstate Insurance Company                                                                                                      
(No address provided)                                                                                                           
POSITION STATEMENT:   Expressed  concerns with CSHB  395, Version                                                               
L.                                                                                                                              
                                                                                                                                
DEE HUBBARD                                                                                                                     
(No address provided)                                                                                                           
POSITION STATEMENT:   Testified in  support of CSHB  395, Version                                                               
L.                                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-60, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  LISA  MURKOWSKI  called   the  House  Labor  and  Commerce                                                               
Standing   Committee    meeting   to    order   at    3:20   p.m.                                                               
Representatives  Murkowski,  Halcro,  Meyer,  and  Crawford  were                                                               
present at  the call to  order.  Representatives  Kott, Rokeberg,                                                               
and Hayes arrived as the meeting was in progress.                                                                               
                                                                                                                                
SB 220-SCOPE OF PRACTICE OF HAIRDRESSING                                                                                      
                                                                                                                                
CHAIR MURKOWSKI announced that the  first order of business would                                                               
be CS FOR SENATE BILL NO. 220(L&C) "An Act relating to the scope                                                                
of practice authorized under a license to practice hairdressing"                                                                
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
GERALDINE   McINTOSH, Staff to  Senator Lyda Green,  Alaska State                                                               
Legislature,  testified  on behalf  of  the  sponsor of  SB  220,                                                               
Senator Lyda Green.   Ms. McIntosh read the  sponsor statement as                                                               
follows:                                                                                                                        
                                                                                                                                
     Committee  Substitute for  Senate Bill  220(L&C) amends                                                                    
     Alaska  Statute 08.13[.170(f)],  authorizing the  Board                                                                    
     of  Barbers and  Hairdressers to  issue a  hairdressing                                                                    
     license   that  includes   the  temporary   removal  of                                                                    
     superfluous  hair   on  the  face  and   neck  and  the                                                                    
     application  of  basic  make-up.   These  services  are                                                                    
     typically assumed to be available from a hairdresser.                                                                      
                                                                                                                                
     The removal  of unwanted hair  by means of  hair waxing                                                                    
     and the application of basic  make-up are services that                                                                    
     hairdressers   should    be   allowed    to   practice.                                                                    
     Hairdressers are trained and  tested in these areas and                                                                    
     have always performed these services.   Both waxing and                                                                    
     basic make-up are a part  of the curriculum required to                                                                    
     graduate; by  statute, current training required  for a                                                                    
     hairdressing license  is 1,650 hours.   Included in the                                                                    
     1,650  hours are  15  practical  operations of  eyebrow                                                                    
     arching and hair removal by  means of waxing, [tweezing                                                                    
     and  the  use of  depilatories]  and  15 basic  make-up                                                                    
     applications,  including [skin  analysis, complete  and                                                                    
     corrective  make-up  and]   the  application  of  false                                                                    
     eyelashes  (12 ACC  09.160).   Although the  curriculum                                                                    
     requires that they perform  these operations during the                                                                    
     instructional  phase, once  they  are licensed,  Alaska                                                                    
     state   law  prohibits   them  from   performing  these                                                                    
     services for their clients.                                                                                                
                                                                                                                                
     I respectfully  request your support of  CSSB 220(L&C),                                                                    
     allowing trained  professionals to continue  a practice                                                                    
     that they are fully qualified to do.                                                                                       
                                                                                                                                
CHAIR MURKOWSKI  surmised that the  intention was to  include the                                                               
practice of the  removal of excessive hair and  waxing [under the                                                               
hairdresser's license] since it's included  in the training.  She                                                               
inquired as to  why the removal of excess hair  and waxing wasn't                                                               
included [under the hairdresser's license].                                                                                     
                                                                                                                                
MS.   McINTOSH  related   her  belief   that  the   board  wanted                                                               
hairdressers  to be  prepared  if  they moved  out  of state  and                                                               
wanted  to become  licensed.   She  said that  she  was a  little                                                               
unsure  as  to  why  it   wasn't  included  in  the  license  for                                                               
hairdressing.    In  further response  to  Chair  Murkowski,  Ms.                                                               
McIntosh informed  the committee  that this  issue came  to light                                                               
after  Senator  Green's  office  received  a  petition  with  500                                                               
signatures from hairdressers  and others.  It was  brought to the                                                               
hairdressers'  attention that  they weren't  licensed to  perform                                                               
these  services  and thus  the  hairdressers  had to  discontinue                                                               
providing these  services.  She clarified  that hairdressers that                                                               
aren't also a licensed aesthetician can't do waxing.                                                                            
                                                                                                                                
REPRESENTATIVE CRAWFORD asked if  this legislation would harm the                                                               
licensed aesthetician's industry.                                                                                               
                                                                                                                                
MS.   McINTOSH  deferred   to   the   Division  of   Occupational                                                               
Licensing's representative.                                                                                                     
                                                                                                                                
Number 0377                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director,  Division of Occupational Licensing,                                                               
Department of  Community & Economic Development  (DCED), answered                                                               
that  she   didn't  believe  this  legislation   would  hurt  the                                                               
aestheticians.   She didn't  recall any  aestheticians testifying                                                               
against this  minimal sharing of [services],  which she suspected                                                               
was because  most aestheticians seem  to center  their businesses                                                               
around facials and other such  skin care services.   Furthermore,                                                               
there   probably  hasn't   been   opposition   to  this   because                                                               
hairdressers have always believed  that they could perform waxing                                                               
services.   Ms. Reardon  indicated that this  came to  light when                                                               
the  division sent  out a  general  advisory to  a profession  in                                                               
which the profession is reminded of  the types of things that the                                                               
profession  can't do,  such as  that  hairdressers can't  perform                                                               
waxing and  hair removal.  She  didn't envision this as  a change                                                               
in the distribution of work  but rather a legalization of current                                                               
practices.  She noted that  the Board of Barbers and Hairdressers                                                               
supports this legislation.                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI  turned to  Section  1  of the  legislation  and                                                               
related  her understanding  that  a licensed  barber wouldn't  be                                                               
able to perform any waxing.                                                                                                     
                                                                                                                                
MS. REARDON agreed.  In  further response to Chair Murkowski, Ms.                                                               
Reardon  explained  that  "limited   esthetics"  refers  to  "(A)                                                             
temporary  removal  of superfluous  hair  on  the face  or  neck,                                                               
including eyebrow  arching by  use of  wax".   She said  that the                                                               
aforementioned  language would  probably include  tweezing.   She                                                               
specified  that the  method  of hair  removal  [allowed would  be                                                               
based]  on whether  it was  temporary removal.   She  related her                                                               
belief that  electrolysis is marketed as  permanent hair removal.                                                               
In  regard to  the new  developments  in skin  care, Ms.  Reardon                                                               
suggested  that it  might be  worth  revisiting the  aesthetician                                                               
statutes.                                                                                                                       
                                                                                                                                
Number 0818                                                                                                                     
                                                                                                                                
VANNA   PETERSON,   Owner,   The   Hair   Loft,   testified   via                                                               
teleconference.   Ms.  Peterson informed  the committee  that she                                                               
holds  a  cosmetology  license  from  the  State  of  Kansas  and                                                               
hairdressing license from  the State of Alaska.   She pointed out                                                               
that  for both  of  those  licenses, she  was  required to  study                                                               
facial  procedures, including  waxing,  skin  care, and  anatomy.                                                               
Ms. Peterson  related that she  should have the right  to perform                                                               
what  she was  trained  to  perform during  her  education.   Ms.                                                               
Peterson noted her support of [CSSB 220(L&C)].                                                                                  
                                                                                                                                
Number 0944                                                                                                                     
                                                                                                                                
DEBRA RIGDON  testified via teleconference.   She noted  that she                                                               
has a [hairdressing] license from  another state and is currently                                                               
working  on  her  license  in   Alaska.    She  said  she  didn't                                                               
appreciate  having  the ability  to  wax  being taken  away  from                                                               
hairdressers  and  now having  to  work  to  get  it back.    She                                                               
expressed the need to pass [CSSB 220(L&C)].                                                                                     
                                                                                                                                
Number 1004                                                                                                                     
                                                                                                                                
SANDY  GUGGENBICKLER testified  via  teleconference and  informed                                                               
the committee that  she holds a hairdressing  license from Alaska                                                               
and another  state.  Ms.  Guggenbickler announced her  support of                                                               
SB 220.                                                                                                                         
                                                                                                                                
STASHEA STRELAW testified via teleconference  in support of [CSSB
220(L&C)].                                                                                                                      
                                                                                                                                
CECILIA RIDGE  testified via teleconference.   She echoed earlier                                                               
testimony  with  regard to  her  education  including waxing  and                                                               
make-up  applications.   Ms. Ridge  stated her  support of  [CSSB
220(L&C)].  In  response to Chair Murkowski,  Ms. Ridge explained                                                               
that the  waxing had  to be  performed on  other students  in the                                                               
class; the waxing training was extensive, she said.                                                                             
                                                                                                                                
Number 1160                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  moved  to  report CSSB  220(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being no  objection,  CSSB  220(L&C)  was                                                               
reported out of the House Labor and Commerce Standing Committee.                                                                
                                                                                                                                
HB 395-INSURANCE DISCRIMINATION BY CREDIT RATING                                                                              
                                                                                                                                
CHAIR  MURKOWSKI   announced  that  the  next   item  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 1208                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO moved  to  adopt CSHB  395,   Version  22-                                                               
LS1425\L, Ford, 4/8/02, as the  working document.  There being no                                                               
objection, Version L was before the committee.                                                                                  
                                                                                                                                
REPRESENTATIVE  CRAWFORD, testifying  as the  sponsor of  HB 395,                                                               
reminded  the  committee that  this  legislation  [grew from  the                                                               
complaints] of constituents that credit  scoring had been used to                                                               
unfairly  raise their  [insurance] rates.   The  first draft  was                                                               
patterned after Hawaii's  law that banned credit  scoring.  After                                                               
the last  hearing, he  said he  worked with  the director  of the                                                               
Division  of  Insurance,  which  led to  the  decision  that  the                                                               
Washington  State  model  was  better.   He  explained  that  the                                                               
Washington State model allows the  insurance industry to continue                                                               
to use  credit scoring in ways  that are valuable to  the company                                                               
while  providing  the  ability   to  protect  Alaskan  consumers.                                                               
Furthermore,  the  division  doesn't have  the  information  with                                                               
regard to  how credit scoring  impacts the consumer  and [Version                                                               
L]  would allow  further  study to  determine  the real  impacts.                                                               
Representative Crawford  related his  belief that  credit scoring                                                               
impacts seniors,  seasonal workers, people who  have gone through                                                               
a divorce, first-time vehicle or  homeowners, people with serious                                                               
medical emergencies,  employees who  have been laid  off, members                                                               
of  certain  religions  that  don't  use  credit,  some  minority                                                               
groups,  and  users  of Bush  credit.    Representative  Crawford                                                               
concluded with his belief that [Version L] is a fair compromise.                                                                
                                                                                                                                
Number 1388                                                                                                                     
                                                                                                                                
DAVE  D'AMATO, Staff  to  Representative  Harry Crawford,  Alaska                                                               
State  Legislature, informed  the committee  that the  compromise                                                               
[Version  L] encompasses  is the  one used  in Washington  State.                                                               
Specifically,  the   underwriting  and  rate-saving   methods  of                                                               
insurance are  allowed to use  credit scoring with  the exception                                                               
of certain particular  facts.  He directed the  committee to page                                                               
2,  line  13, paragraphs  (1)-(6)  listed  under subsection  (d).                                                               
There  are   many  theories  behind  the   exceptions  listed  in                                                               
paragraphs  (1)-(6), he  said.   For  example,  Alaska has  "Bush                                                               
credit" for those  people in the Bush who  don't use conventional                                                               
credit  and  thus  those  people   wouldn't  be  impacted  by  an                                                               
insurance credit  score.  Furthermore,  many of  Alaska's seniors                                                               
don't  use credit  scores  and some  religious  groups don't  use                                                               
credit and  many minority groups  are denied credit or  don't use                                                               
credit.  The exclusion related  to the number of credit inquiries                                                               
is a reasonable exclusion because  many people don't have control                                                               
over companies  making credit inquiries.   Additionally, when one                                                               
shops  for  a  car,  a  home, or  insurance,  inquiries  for  the                                                               
individual's credit  report are  generated.  The  third exclusion                                                               
addresses  medical industry  codes  and that  the  instance of  a                                                               
medical condition  shouldn't be  held against the  individual who                                                               
had  good credit  prior to  the  medical condition.   The  fourth                                                               
exclusion is for the initial purchase  of a vehicle or house.  If                                                               
a  credit   history  is  used   to  deny   obtaining  homeowner's                                                               
insurance,  it will  hurt Alaska's  economy and  the attempts  to                                                               
help  those  with bruised  credit  in  entering into  first  time                                                               
homebuyer's situations.      The fifth exclusion is  a compromise                                                               
that goes  to the heart  of some of the  proprietary information.                                                               
The final exclusion is related to  the total line of credit.  Mr.                                                               
D'Amato  explained  that the  sixth  exclusion  is based  on  the                                                               
theory  that those  who can  borrow  more will  likely have  more                                                               
money  and thus  the  poor will  be disproportionately  impacted.                                                               
The remainder of the CS is as it was [originally] presented.                                                                    
                                                                                                                                
MR.  D'AMATO  directed  the  committee's   attention  to  page  6                                                               
[Section 3] regarding the report  the director of the Division of                                                               
Insurance will  provide to  the legislature.   He  explained that                                                               
the importance  of the  January 1,  2004, date  of the  report is                                                               
that  in July  2004  the  Fair Credit  Reporting  Act  is up  for                                                               
review.  The State of Alaska  can then determine whether it wants                                                               
to limit  credit scoring in  underwriting.   Therefore,  it would                                                               
be  helpful for  the information  requested in  the report  to be                                                               
available  at that  time  as it  would  provide information  with                                                               
regard to the impact of credit  scoring on Alaskans.  Mr. D'Amato                                                               
related his understanding  from Mr. Lohr that  there shouldn't be                                                               
a fiscal note if a report  is required, although there would be a                                                               
fiscal note if a study is required.                                                                                             
                                                                                                                                
MR. D'AMATO,  in response to Representative  Kott, explained that                                                               
the director of  the State of Washington's  Division of Insurance                                                               
initiated  the   investigation.    Upon  the   investigation  and                                                               
receiving testimony,  the director  met with consumer  groups and                                                               
insurance  companies.     There   was  a   relatively  protracted                                                               
negotiation  process whereby  this legislation  was fleshed  out.                                                               
Although the  compromise wasn't between Alaska's  director of the                                                               
Division of Insurance, Mr. Lohr  is in favor of this legislation.                                                               
In that  regard, this  legislation is  a compromise  between what                                                               
the division  would probably like  to see and what  the insurance                                                               
companies agreed to in the State of Washington.                                                                                 
                                                                                                                                
Number 1838                                                                                                                     
                                                                                                                                
DAVID  McCARTER  testified  via  teleconference.    Although  Mr.                                                               
McCarter said  that he preferred  the Senate Bill  that specified                                                               
that no  credit profiling would  be done.  However,  since that's                                                               
not going  to happen,  Mr. McCarter  said that  he would  put his                                                               
support behind [CSHB  395, Version L].  Mr.  McCarter related the                                                               
following personal experience with  credit scoring.  He explained                                                               
that his  insurance company is  leaving the state,  and therefore                                                               
he has  to find  another insurance  company.   To his  horror, he                                                               
discovered that his insurance rates  were going to increase quite                                                               
significantly  because   of  credit  profiling.     Mr.  McCarter                                                               
informed  the committee  that his  credit scores  are all  in the                                                               
600s, which  is considered  "A credit."   However,  the insurance                                                               
companies are  placing him  in the "D"  class and  penalizing him                                                               
for  a  tail  light  ticket.    There  doesn't  seem  to  be  any                                                               
protection for the  consumer.  Furthermore, no  one specifies how                                                               
his  credit score  is determined.   In  conclusion, Mr.  McCarter                                                               
said  that [Version  L]  is  a bit  better,  although it  doesn't                                                               
really  solve anything  for  him.   The  insurance companies  are                                                               
hindering the economy, he remarked.                                                                                             
                                                                                                                                
Number 2039                                                                                                                     
                                                                                                                                
DAVID  VALDEZ  testified  via  teleconference.     He  said  that                                                               
[Version L] is  better than [the Senate Bill],  which was gutted.                                                               
The [Senate  Bill, once  gutted] appeared  to create  a preferred                                                               
class of drivers  at the expense of the working  poor, those with                                                               
low credit scores, and people  from the Bush and minority groups.                                                               
He related  his belief that  the aforementioned is wrong.   Since                                                               
this can be done arbitrarily  and capriciously without a place to                                                               
direct a grievance, it's unfair to the consumer.                                                                                
                                                                                                                                
Number 2105                                                                                                                     
                                                                                                                                
TARA  DRENNON   testified  via   teleconference.     Ms.  Drennon                                                               
expressed concern  that this legislation  has no  protections for                                                               
consumers like herself who have been a victim of identity theft.                                                                
                                                                                                                                
REPRESENTATIVE CRAWFORD  directed attention  to page 2,  line 28,                                                               
which indicates that those who  dispute their rate and prove that                                                               
the   rate  was   unfair  can   have  their   insurance  reissued                                                               
retroactively.        Representative   Crawford    related    his                                                               
understanding that  if someone's stolen identity  resulted in the                                                               
individual having  the thief's bad  credit, the  individual could                                                               
get that [their credit report]  corrected and the insurance would                                                               
be reissued retroactively.                                                                                                      
                                                                                                                                
MR.  DRENNON  clarified that  in  her  case her  social  security                                                               
number and birthday were stolen.   Therefore, she has alerted the                                                               
credit bureau of  this and tried to fight it.   She stressed that                                                               
she didn't  believe she  should have to  take in  paperwork every                                                               
time   there  is   the  need   for  insurance   in  her   family.                                                               
Furthermore, those people  who may not be aware  that someone has                                                               
stolen  their  identity  won't  be  alerted  by  the  underwriter                                                               
either.                                                                                                                         
                                                                                                                                
Number 2262                                                                                                                     
                                                                                                                                
LIZ OFELT  testified via teleconference.   She noted that  she is                                                               
an insurance agent.   With regard to [identity  theft], Ms. Ofelt                                                               
informed the committee  that even if an individual  can get their                                                               
credit report corrected,  credit reports are [only]  updated on a                                                               
quarterly  basis.    She  pointed  out  that  often  when  people                                                               
purchase  a  new  vehicle,  the  individual's  current  insurance                                                               
company will run a new motor  vehicle report, a new credit score,                                                               
and a new claims report.   If adverse credit appears, the company                                                               
will re-rate  the individual's  premium.   Although there  can be                                                               
corrections and  credits, the  problem isn't  solved.   Ms. Ofelt                                                               
informed  the  committee  that  she  turns  away  clients  weekly                                                               
because of their  credit and [claim] loss scores.   She said when                                                               
she recently became involved with  insurance she couldn't believe                                                               
this was how people were rated.                                                                                                 
                                                                                                                                
CHAIR MURKOWSKI  related her understanding  that Ms.  Ofelt would                                                               
pull  up an  individual's credit  history, which  specifies their                                                               
score.                                                                                                                          
                                                                                                                                
TAPE 02-60, SIDE B                                                                                                              
                                                                                                                                
MS.  OFELT  clarified  that based  on  an  individual's  driver's                                                               
license number, birth  date, and name a letter  score is provided                                                               
through  [a  credit reporting  bureau  system].   All  the  major                                                               
insurance companies place  individuals with a credit  score of A,                                                               
B, and C in the preferred  rate bracket and the others are placed                                                               
in a  high risk bracket.   At  her particular company,  she can't                                                               
write  a homeowner's  insurance policy  for those  with a  credit                                                               
score  below a  C.   However,  on auto  insurance  she can  write                                                               
insurance  for those  with credit  scores  as low  as an  F.   In                                                               
further  response to  Chair Murkowski,  Ms. Ofelt  said that  the                                                               
letter credit  score provides  no indication  with regard  to why                                                               
the  letter was  assigned.   The letter  specifies an  800 number                                                               
that can be  given to the client  to obtain a free  copy of their                                                               
credit report.   However, that doesn't help  the individual whose                                                               
insurance   company  drops   the  individual   or  re-rates   the                                                               
individual's   policy,  or   won't   write   insurance  for   the                                                               
individual.  Furthermore, the individual  won't be reimbursed and                                                               
the [coverage]  won't be retroactive for  the insurance, although                                                               
it may be retroactive on the individual's credit score.                                                                         
                                                                                                                                
Number 2249                                                                                                                     
                                                                                                                                
STEVE CONN,  Executive Director, Alaska Public  Interest Research                                                               
Group (AkPIRG),  testified via teleconference.   Mr. Conn related                                                               
his belief that [Version L]  could address some of the procedural                                                               
problems  that  have  been  mentioned.    This  legislation  does                                                               
represent a compromise  in that the original  legislation in both                                                               
the  House  and the  Senate  sought  to  ban  the use  of  credit                                                               
scoring.   As a  compromise, this legislation  allows the  use of                                                               
credit  scoring and  confidentiality of  the proprietary  device,                                                               
except  being  provided to  the  [director]  of the  Division  of                                                               
Insurance  who  evaluates  the  device in  the  context  of  rate                                                               
increases  or  decreases.   In  the  latter compromise  over  the                                                               
proprietary   device,  consumers   can't   examine  the   device.                                                               
However,  the legislation  does  provide basic  information to  a                                                               
consumer who has  been turned down for insurance.   The denial of                                                               
insurance  can't be  based  solely on  the  credit score,  rather                                                               
there  have to  be other  substantive factors  as well  which are                                                               
communicated to  the consumer.   Under  this legislation  and the                                                               
Fair Credit Reporting  Act the consumer is in  a better position,                                                               
in regard  to addressing the  underlying cause, than before.   He                                                               
noted  that the  absence of  credit and  medical emergencies  are                                                               
subjects that are not to  be used in determining the insurability                                                               
of  an   individual.    Although   it's  unfortunate   that  this                                                               
legislation  doesn't   speak  to  identity  theft   and  domestic                                                               
relations,  the legislation  is a  compromise that  satisfied the                                                               
insurance industry and the consumers  in the State of Washington.                                                               
Mr. Conn indicated that this  legislation is better than nothing.                                                               
He mentioned the  hope that the insurance  industry will approach                                                               
the  Congress and  make the  ability to  repair a  credit record,                                                               
under the  Fair Credit Reporting  Act, in a timely  and efficient                                                               
manner more readily available to  consumers.  Such would function                                                               
as a device to improve credit scores.                                                                                           
                                                                                                                                
Number 2040                                                                                                                     
                                                                                                                                
MARK    NEIHAUS,    Progressive    Insurance,    testified    via                                                               
teleconference.    He  informed the  committee  that  Progressive                                                               
Insurance  is  the  fourth  largest  automobile  insurer  in  the                                                               
country and the  fifth largest in Alaska.   Progressive Insurance                                                               
uses credit [scoring] as part of  its rating process in 45 of the                                                               
48 states in  which it does business.  Credit  [scoring] has been                                                               
used  in  Alaska  for  the   past  four  years.    Detailed  data                                                               
justifying the [use of credit  scoring] was filed with the Alaska                                                               
Division of  Insurance.   After a  rigorous review,  the division                                                               
determined  that  [Progressive  Insurance's credit  scoring]  was                                                               
predictive of  loss and proper to  be used.  He  pointed out that                                                               
the Fair Credit Reporting Act  allows the use of credit [scoring]                                                               
in  the underwriting  of insurance  and it's  becoming the  norm.                                                               
"Credit is  an independent  and powerful  predictor of  loss," he                                                               
said.   Mr.  Neihaus referred  to a  bar chart  in the  committee                                                               
packet entitled, "Credit is a  Powerful Predictor".  He explained                                                               
that  the  chart shows  that  grouping  credits illustrates  that                                                               
those  folks  with  below  average  credit  have  a  much  higher                                                               
tendency for  loss.   Also individuals with  no credit  record at                                                               
all have  an extremely  poor loss history.   However,  he pointed                                                               
out that  those with  no credit  history, "no  hits,"   amount to                                                               
less than 5 percent of Progressive Insurance's total policies.                                                                  
                                                                                                                                
MR.  NEIHAUS  explained  that  as a  result  of  offering  credit                                                               
[scoring]  in  Alaska,  Progressive Insurance  has  about  10,000                                                               
policies in  force.  In  about two-thirds of those  policies, the                                                               
consumer received a  lower rate as a result of  the use of credit                                                               
[scoring].   Mr. Neihaus  explained that  credit [scoring]  is an                                                               
electronic  process that  pulls raw  data from  credit providers.                                                               
Progressive  Insurance uses  its own  algorithm to  calculate the                                                               
rate.    Before  [performing  a  credit  check],  the  consumer's                                                               
permission  to do  so  is obtained.   The  agents  don't see  the                                                               
credit data or  score.  In the event a  policy holder receives an                                                               
adverse action  notice, the notice  contains an 800  phone number                                                               
and the  customer can obtain  a free  copy of the  credit report.                                                               
Upon request, the customer is given  an 800 phone number that can                                                               
be  called to  obtain a  report specifying  the reasons  for [the                                                               
credit score].  Mr. Neihaus  specified that Progressive Insurance                                                               
doesn't  consider any  items  in dispute  with  a credit  vendor,                                                               
which he believes  to be the case with the  majority of insurance                                                               
companies  using credit  [scoring].   If an  item is  in dispute,                                                               
Progressive  Insurance  will  change the  premium  retroactively.                                                               
Mr.  Neihaus informed  the committee  that Progressive  Insurance                                                               
confirms the premium at the point  of sale, there are no up-rates                                                               
after the  fact, no  one is  canceled or  denied based  on credit                                                               
[scoring].     He   noted  that   the   credit  report   includes                                                               
bankruptcies,  judgments, tax  liens, information  on loans,  and                                                               
credit  limits,  balances,  and inquiries.    The  credit  report                                                               
doesn't include  the individual's  gender, race,  income, wealth,                                                               
and savings.  Mr. Neihaus reiterated  the belief that credit is a                                                               
powerful predictor of  loss and allows the  insurance company the                                                               
ability to  offer lower  rates to  those who  are less  likely to                                                               
have claims.   The majority of consumers are  benefiting from the                                                               
use of credit [scoring].                                                                                                        
                                                                                                                                
Number 1887                                                                                                                     
                                                                                                                                
MR. NEIHAUS turned to [Version  L] and directed attention to page                                                               
1,  lines   9-10,  which  says,   "The  notice  must   state  the                                                               
significant  factors of  the credit  history  or insurance  score                                                               
that resulted  in the  adverse action."   He reiterated  that the                                                               
aforementioned data  is already provided to  consumers.  However,                                                               
the  significant factors  of the  credit history  report is  only                                                               
provided upon  request because  of the  expense in  producing it,                                                               
and  furthermore only  a minority  of people  want that  detailed                                                               
information.     Therefore,  Mr.   Neihaus  suggested   that  the                                                               
aforementioned  sentence on  page 1,  lines 9-10,  be amended  to                                                               
read  as follows:   "The  notice  must state  that consumers  may                                                               
obtain,  on request,  a free  report  containing the  significant                                                               
factors of  the credit history  or insurance score  that resulted                                                               
in the adverse action."                                                                                                         
                                                                                                                                
MR. NEIHAUS moved on to page  5, lines 14-25.  He emphasized that                                                               
not  allowing insurance  companies to  use the  number of  credit                                                               
inquiries  to   calculate  a   personal  insurance   score  would                                                               
significantly  undermine  the power  of  credit.   That  language                                                               
would effectively [result] in an  increase in base rates in order                                                               
to   offset  that.      Therefore,   two-thirds  of   Progressive                                                               
Insurance's  customers will  experience higher  rates due  to the                                                               
inability  to  use  the  more  predictive  model.    Mr.  Neihaus                                                               
clarified  that  Progressive   Insurance  doesn't  use  insurance                                                               
inquiries, consumer inquiries,  promotional inquiries, or account                                                               
review inquiries  and those are  typically not used  by insurers.                                                               
Furthermore, the credit score  providers will typically aggregate                                                               
any inquiries  for the  same item  within a  30-day period.   Mr.                                                               
Neihaus  turned to  paragraph  (4) on  page 5  and  said that  he                                                               
wasn't sure why  the initial purchase or finance of  a vehicle or                                                               
house wouldn't be included [during  a credit check].  Frankly, he                                                               
said  he wasn't  sure how  one would  determine that  it was  the                                                               
initial finance or purchase of a  vehicle.  Mr. Neihaus said that                                                               
paragraphs  (5) and  (6) are  predictive  and if  those can't  be                                                               
used,  then  the   rates  will  increase  for   the  majority  of                                                               
consumers.                                                                                                                      
                                                                                                                                
MR.  NEIHAUS addressed  the effective  date  of the  legislation.                                                               
From the process  described in this legislation,  it's clear that                                                               
the filing  of data and approval  of the data required  will take                                                               
some time.   There is no problem with filing  the data, including                                                               
the detailed  credit algorithm.   However, he related  his belief                                                               
that  this  will  require  a   significant  amount  of  time  for                                                               
implementation.  He estimated that  the filing and review process                                                               
alone would take  six to nine months and  then the implementation                                                               
process could begin.   A reasonable effective date  would be well                                                               
into 2003, he said.                                                                                                             
                                                                                                                                
Number 1544                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI  turned to the  group of people without  a credit                                                               
history.   She  highlighted  Alaska's unique  situation in  which                                                               
many  residents in  this state  don't  operate on  the same  cash                                                               
economy basis as would those in  the [Lower 48].  Chair Murkowski                                                               
said  that  she  didn't  want  Alaska's  rural  residents  to  be                                                               
penalized because  they aren't  part of  the credit  society that                                                               
customers in other states might be.                                                                                             
                                                                                                                                
MR.  NEIHAUS  related  his assumption  that  the  division  would                                                               
review that  data specific to  Alaska during  a filing.   He also                                                               
assumed that the division wouldn't  approve a rate for those with                                                               
no credit history  that isn't justified by the  data.  Therefore,                                                               
the process should cover Chair Murkowski's concern.                                                                             
                                                                                                                                
CHAIR  MURKOWSKI   recalled  that  Mr.  Neihaus   had  identified                                                               
specific  credit  inquiries  that Progressive  Insurance  doesn't                                                               
take into account.   She asked if Mr. Neihaus  had any suggestion                                                               
as to how to narrow credit inquiries.                                                                                           
                                                                                                                                
MR. NEIHAUS  reiterated that Progressive Insurance  doesn't count                                                               
consumer credit  inquiries against the individual.   Furthermore,                                                               
he didn't  believe any company  he knew of  that did either.   He                                                               
said that it would be  acceptable to specify that consumer credit                                                               
inquiries can't be considered in  a [credit score].  An exclusion                                                               
for  insurance  inquiries,  promotional  inquiries,  and  account                                                               
review inquiries would also be acceptable, he said.                                                                             
                                                                                                                                
Number 1346                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD asked  if  Progressive Insurance  writes                                                               
insurance in  the State of  Washington under this  credit scoring                                                               
law.                                                                                                                            
                                                                                                                                
MR.  NEIHAUS  answered  that  Progressive  Insurance  does  write                                                               
insurance  in the  State of  Washington.   However, he  clarified                                                               
that the credit scoring law hasn't  yet taken effect in the State                                                               
of Washington.                                                                                                                  
                                                                                                                                
REPRESENTATIVE   CRAWFORD   turned   to  Mr.   Neihaus'   comment                                                               
suggesting  the  deletion of  the  exclusion  for the  number  of                                                               
credit  inquiries.   He  informed  the committee  that  he has  a                                                               
number  of  rental  properties  for  which he  has  a  number  of                                                               
mortgages.   After shopping around  quite a bit, he  refinanced a                                                               
number of  those properties.   However,  during that  process his                                                               
credit scores  were lowered significantly  and at the end  of the                                                               
process he wasn't  able to obtain the same low  interest rate due                                                               
to the numerous  credit inquiries.  He pointed out  that the only                                                               
change in  his credit from the  beginning of this process  to the                                                               
end was the number of  credit inquiries.  Representative Crawford                                                               
said he didn't see how the  number of credit inquiries could be a                                                               
good predictor  for loss.   In his  case, all his  home insurance                                                               
policies increased  by 25  percent, although he  has never  had a                                                               
claim  on  his  automobile  or home  insurance.    Representative                                                               
Crawford  related his  belief  that this  legislation  is a  good                                                               
compromise.                                                                                                                     
                                                                                                                                
MR.  NEIHAUS  pointed  out  that  an  individual's  credit  score                                                               
changes over  time.   Furthermore, the  credit score  is utilized                                                               
for  new  business  and  upon   renewal  after  two  years.    He                                                               
reiterated his  earlier testimony  that data supports  the notion                                                               
that those with more credit inquiries experience more losses.                                                                   
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
MIKE HAROLD, Northwest Regional  Manager, National Association of                                                               
Independent Insurers  (NAII), testified via teleconference.   The                                                               
National  Association  of  Independent  Insurers  is  a  property                                                               
casualty trade association  of which its members  write well over                                                               
50 percent of  the marketplace in Alaska.  Mr.  Harold echoed Mr.                                                               
Neihaus' testimony with regard to  the correlation between credit                                                               
information  and  loss  ratios.    The more  the  use  of  credit                                                               
information is  diminished, the more  people without  losses will                                                               
pay for those who do.   Therefore, there is an issue of fairness.                                                               
He related  that a  policy holder  should pay  a premium  that is                                                               
commensurate with  the risk  the policy  holder represents.   The                                                               
companies report that  by using credit information  they are able                                                               
to write more business, renew  more policies, and accept more new                                                               
business due  to the  confidence that the  rate being  offered is                                                               
appropriate.  Furthermore, the insurance  companies are more able                                                               
to  more  aggressively  and competently  write  in  all  markets.                                                               
Furthermore, the majority of the  policy holders do receive lower                                                               
rates.                                                                                                                          
                                                                                                                                
MR. HAROLD  informed the committee  that he was very  involved in                                                               
the compromise on  this in the State of Washington.   At the time                                                               
of the  credit scoring  legislation in  the State  of Washington,                                                               
the   state  had   a   democratic   legislature,  governor,   and                                                               
democratically  elected   insurance  commissioner   and  attorney                                                               
general.    The  commissioner introduced  the  legislation  after                                                               
discussing the  issue with the National  Association of Insurance                                                               
Commissioners (NAIC)  in December.   The governor as well  as the                                                               
attorney  general   supported  the  legislation.     And  with  a                                                               
"friendly"  legislature, it  was  apparent  that something  would                                                               
pass in  the State of Washington,  he said.  The  bill before the                                                               
committee   today  [Version   L]  appeared   in  the   Washington                                                               
legislature three  to five days  before a  vote had to  be taken.                                                               
By specifying  the types of  factors that can't be  considered in                                                               
[credit scoring],  it was virtually  impossible for  insurers and                                                               
vendors to  be able to  price the  impact on consumers  and [know                                                               
how well]  the model  would predict [risk].   He  emphasized that                                                               
this  committee  should  understand   that  the  legislators  and                                                               
insurance  commissioner  in  the State  of  Washington  supported                                                               
legislation without knowing its impact.                                                                                         
                                                                                                                                
Number 0893                                                                                                                     
                                                                                                                                
MR. HAROLD  related his belief that  [Version L] has a  number of                                                               
problems.   This legislation will  have the unintended  result of                                                               
making   insurance   less   available   and   will   dilute   the                                                               
effectiveness of using insurance  scores to determine risk, which                                                               
will ultimately  reduce competition, he said.   Furthermore, this                                                               
legislation  will  deny the  policy  holders  the discounts  they                                                               
deserve.    As an  example  of  the unintended  consequences  Mr.                                                               
Harold  turned  to  the  exclusion   of  "credit  history  or  an                                                               
insurance score  based on collection  accounts identified  with a                                                               
medical industry  code".  He  pointed out that people  respond to                                                               
medical  and   financial  crisis  in  different   manners.    For                                                               
instance, one  individual may do  as much as possible  to shuffle                                                               
their finances so that they can  pay a medical bill while another                                                               
individual may  simply not  pay the bill.   Therefore,  under the                                                               
aforementioned  language, the  individual attempting  to pay  the                                                               
medical  bill would  actually be  punished  while the  individual                                                               
simply  not paying  the bill  would  have [the  lack of  payment]                                                               
stricken   from  their   record  and   would  actually   benefit.                                                               
Furthermore,  this has  a negative  impact on  smaller companies.                                                               
He explained that Progressive Insurance  has a very sophisticated                                                               
rating  structure  with  tiers   and  various  member  companies.                                                               
However, a  smaller company might  rely on credit  information at                                                               
the  underwriting stage  and  might not  want to  use  it at  the                                                               
rating stage or  renewal stage.  The more  restrictions there are                                                               
with regard  to the company  being able  to judge the  risks that                                                               
enter  the  company, the  more  the  company will  be  negatively                                                               
impacted.   Without  a proper  assessment when  the insurance  is                                                               
first written,  the smaller  company doesn't  have the  option to                                                               
move the client into different  tiers.  Ultimately, the result of                                                               
this  would be  to dilute  the competitiveness  in the  insurance                                                               
marketplace.                                                                                                                    
                                                                                                                                
Number 0688                                                                                                                     
                                                                                                                                
ELIZABETH MOCERI,  Regional Counsel, Allstate  Insurance Company,                                                               
testified via  teleconference.  Ms.  Moceri noted her  support of                                                               
the comments  and concerns of  Mr. Neihaus  and Mr. Harold.   She                                                               
informed the  committee that she did  quite a bit of  work on the                                                               
State of Washington's legislation.   Therefore, she felt the need                                                               
to dispel the notion that  the legislation was compromised with a                                                               
lot of  work from  the insurance industry.   Ms.  Moceri informed                                                               
the  committee that  Allstate was  given  less than  24 hours  to                                                               
provide  comments on  the  impact of  the  State of  Washington's                                                               
compromise  legislation.   She related  that  Allstate has  great                                                               
concern with regard to the  impact of Washington's legislation on                                                               
the  Washington policy  holders.   Credit scores  are predictable                                                               
and when the predictability of  credit is diluted, the ability to                                                               
provide   a  competitive   rate  to   policy  holders   is  lost.                                                               
Currently,  Allstate   uses  credit   [scoring]  in   Alaska  for                                                               
underwriting.  The  company has the goal of  using credit scoring                                                               
in rating  as well.  However,  the company doesn't want  to share                                                               
what  it considers  to be  proprietary information,  such as  the                                                               
company's  algorithm, with  competitors [via  the requirement  to                                                               
file it with  the division].  With regard to  the [exclusions] in                                                               
Version L,  Ms. Moceri  echoed Mr.  Neihaus' comments  that [with                                                               
the exclusions]  the insurance  company loses  the ability  to be                                                               
competitive.   Losing the  ability to  be competitive  results in                                                               
the reduction  of the  availability of  an insurance  product and                                                               
the  inability  to  provide  a  competitive  rate.    Ms.  Moceri                                                               
mentioned  that  Allstate  is  one of  the  largest  insurers  in                                                               
Alaska.   Allstate  accounts  for 28  percent  of the  automobile                                                               
market and 20 percent of the homeowner's market.                                                                                
                                                                                                                                
REPRESENTATIVE  CRAWFORD asked  if Ms.  Moceri heard  Ms. Ofelt's                                                               
testimony  regarding the  fact  that as  an  insurance agent  she                                                               
can't [write a  homeowner's policy for people with  a score below                                                               
C].                                                                                                                             
                                                                                                                                
MS. MOCERI  said it's important  to note that  mortgage companies                                                               
use  credit information  differently.    Insurance companies  use                                                               
credit  information to  develop an  insurance score  and elements                                                               
that  are  predictive of  insurance  losses  are reviewed.    Ms.                                                               
Moceri said she wasn't familiar  with the letter scores, Allstate                                                               
places policy  holders into tiers.    A rate is  calculated based                                                               
on the tiering and other factors.   She said that many companies,                                                               
like  Allstate,  use  credit  in   underwriting  because  of  the                                                               
difficulties related  to guaranteeing the confidentiality  of the                                                               
company's  algorithm.   If the  confidentiality of  the algorithm                                                               
was  guaranteed,  then  consumers  could  be  taken  in  with  an                                                               
accurate rate.   In further response  to Representative Crawford,                                                               
Ms.  Moceri   acknowledged  that   [Version  L]  does   make  any                                                               
information  to  the   director  confidential,  which  [Allstate]                                                               
supports.   She explained that  Allstate performed its  own study                                                               
based on its own policy holders  from which its own scoring model                                                               
was developed.   This  scoring model  allows Allstate  to provide                                                               
lower rates to more people, she said.   Due to the money spent on                                                               
the model, Allstate hasn't wanted  to make its model available to                                                               
its competitors.   "If a  carrier can  not use credit  in rating,                                                               
they use  it in underwriting and  that's when ... you  see people                                                               
being turned away," she explained.                                                                                              
                                                                                                                                
Number 0211                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD recalled Mr.  Lohr's testimony that there                                                               
has never been  a filing for a lower rate  due to credit scoring.                                                               
Yet, all those  testifying for the insurance  industry today have                                                               
discussed  lower  rates  for  those   with  good  credit  scores.                                                               
However,  he said  he has  [heard] no  evidence of  people having                                                               
lower rates.                                                                                                                    
                                                                                                                                
MS. MOCERI surmised that this is  an allocation of premium.  Some                                                               
of the  filings are revenue  neutral because of the  pricing with                                                               
the appropriate risk.  She expressed  the need to be mindful that                                                               
at  the  same time  this  discussion  is  occurring, there  is  a                                                               
hardening   of   the   insurance   market.     In   response   to                                                               
Representative  Kott,   Ms.  Moceri   said  that  the   State  of                                                               
Washington's legislation  was passed  and signed by  the governor                                                               
on April 4th.  Washington's  legislation has two effective dates.                                                               
The effective date related to  underwriting is in January and the                                                               
effective date  related to  rating is  at the  end of  June 2003.                                                               
With  regard  to  compliance,  Ms. Moceri  noted  that  it  takes                                                               
tremendous resources  to create a  new algorithm, which  would be                                                               
necessary in order to comply with the statute.                                                                                  
                                                                                                                                
TAPE 02-61, SIDE A                                                                                                              
                                                                                                                                
MS.   MOCERI  commented   that   many   companies  are   probably                                                               
determining whether they  have the money and  resources to create                                                               
a  new algorithm.    Furthermore, it's  challenging  to meet  the                                                               
market.   She  explained that  on average  it takes  six to  nine                                                               
months for  the department's review once  the department receives                                                               
a company's filing.   Allstate is concerned that by  the time the                                                               
filing is filed  with the state, there will be  an effective date                                                               
without  any action  by the  state.   She  emphasized that  every                                                               
company is going to have to  submit a new filing, which will have                                                               
to be reviewed.                                                                                                                 
                                                                                                                                
Number 0097                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT asked  if Ms.  Moceri  anticipates that  the                                                               
risk will  be passed along  to all the insurees  and subsequently                                                               
rates will increase for a certain percentage of the insurees.                                                                   
                                                                                                                                
MS.  MOCERI informed  the committee  that [Allstate]  showed that                                                               
rates would increase,  on average, 30 percent under  the State of                                                               
Washington's original legislation.   Under the current Washington                                                               
legislation, a  new rate filing  will be required and  because of                                                               
the  lack  of  predictive  value the  folks  currently  receiving                                                               
discounts will,  under the  legislation, subsidize  those causing                                                               
the most losses.                                                                                                                
                                                                                                                                
REPRESENTATIVE  KOTT asked  Ms. Moceri  if she  could comment  on                                                               
what happened  with the rates of  any other state with  a measure                                                               
similar to that in the State of Washington.                                                                                     
                                                                                                                                
MS. MOCERI  said she  wasn't aware  of any  other state  that has                                                               
implemented  legislation   similar  to  that  in   the  State  of                                                               
Washington.  In Hawaii there is  essentially a ban on [the use of                                                               
credit  scoring] and  Hawaii has  the 13th  highest rates  in the                                                               
U.S.   Because Hawaii is  very limited  in regard to  the factors                                                               
that can  be used, there are  some subsidies built into  the rate                                                               
plan.  Unfortunately, that means  that the majority of the policy                                                               
holders who don't cause most of  the insurance losses pay for the                                                               
policy holders who do cause insurance losses.                                                                                   
                                                                                                                                
Number 0303                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD asked  if Ms. Moceri was  aware that this                                                               
bill  doesn't  preclude  the  use   of  credit  rating,  it  only                                                               
restricts its use.                                                                                                              
                                                                                                                                
MS. MOCERI reiterated  that when all the  predictive elements [of                                                               
credit scoring]  are eliminated, then  the ability to  use credit                                                               
in rating  is eliminated.   She echoed  Mr. Neihaus'  comments on                                                               
this  matter.   In the  State of  Washington the  exclusions were                                                               
added without no ability to review the total impact.                                                                            
                                                                                                                                
Number 0474                                                                                                                     
                                                                                                                                
DEE HUBBARD  testified via teleconference.   Ms. Hubbard informed                                                               
the committee that she found  out about credit scoring two-and-a-                                                               
half  years  ago  and decided  to  approach  her  representative,                                                               
Representative  Crawford.    Ms.  Hubbard  said  that  she  liked                                                               
Version L  and has helped work  on it.  Ms.  Hubbard related that                                                               
due  to deaths  in her  family  and the  need to  fly outside  of                                                               
Alaska  on emergencies,  her credit  [history] has  large spikes.                                                               
She didn't  think it  was appropriate to  be penalized  for those                                                               
things when she attempted to  obtain insurance.  Ms. Hubbard said                                                               
that she would  like to see the House bill  move forward and that                                                               
she didn't like the Senate's version.                                                                                           
                                                                                                                                
CHAIR MURKOWSKI determined that Mr. Michael Lessmeier, Lobbyist                                                                 
for State Farm Insurance, and Mr. Bob Lohr, Director, Division                                                                  
of Insurance, would be able to testify at a later time.                                                                         
                                                                                                                                
[HB 395 was held.]                                                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
5:10 p.m.                                                                                                                       

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