Legislature(2005 - 2006)CAPITOL 17

01/19/2005 03:15 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

Audio Topic
03:20:00 PM Start
03:21:35 PM Overview of the Department of Labor and Workforce Development
03:43:02 PM Overview: Department of Commerce, Community and Economic Development
04:10:59 PM Overview: Division of Insurance
04:48:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Overviews:Dept. of Labor & Workforce Dev.
Commerce, Community & Economic Dev.
Division of Insurance
Div. of Occupational Licensing
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        January 19, 2005                                                                                        
                           3:20 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson                                                                                                     
Representative Gabrielle LeDoux                                                                                                 
Representative Bob Lynn                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Pete Kott                                                                                                        
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Harry Crawford                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEWS:  DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT;                                                                      
DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT;                                                                     
DIVISION OF INSURANCE;                                                                                                          
DIVISION OF OCCUPATIONAL LICENSING                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GREG O'CLARAY, Commissioner                                                                                                     
Department of Labor and Workforce Development (DLWD)                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided an overview of the Department of                                                                  
Labor & Workforce Development.                                                                                                  
                                                                                                                                
EDGAR BLATCHFORD, Commissioner                                                                                                  
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided an overview of the Department of                                                                  
Commerce, Community, & Economic Development.                                                                                    
                                                                                                                                
GREG WINEGAR, Director                                                                                                          
Division of Investments                                                                                                         
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information regarding the Division                                                               
of Investments.                                                                                                                 
                                                                                                                                
LINDA HALL, Director                                                                                                            
Division of Insurance                                                                                                           
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided an  overview of  the Division  of                                                               
Insurance.                                                                                                                      
                                                                                                                                
RICK URION, Director                                                                                                            
Division of Occupational Licensing                                                                                              
Department of Commerce, Community and Economical Development                                                                    
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided an  overview of  the Division  of                                                               
Occupational Licensing.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  ANDERSON  called the  House  Labor  and Commerce  Standing                                                             
Committee  meeting  to  order at  3:20:00  PM.    Representatives                                                             
Anderson,  Ledoux, Lynn,  Guttenberg,  Kott, and  Rokeberg   were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
^OVERVIEW OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT                                                                
                                                                                                                                
3:21:35 PM                                                                                                                    
                                                                                                                                
GREG O'CLARAY,  Commissioner, Department  of Labor  and Workforce                                                               
Development (DLWD), stated  that DLWD has undergone  two years of                                                               
major reshaping  under the Murkowski Administration  and launched                                                               
the  Alaska Future  Program in  Anchorage on  December 14th.  The                                                               
goal of this  program is have 90 percent of  Alaskan residents in                                                               
the Alaskan workforce.                                                                                                          
                                                                                                                                
COMMISSIONER O'CLARAY  reported that workers'  compensation still                                                               
needs to be  addressed, which is why he has  initiated talks with                                                               
several key people on this matter.   With respect to Alaska hire,                                                               
he opined that  employers need to be invited to  express why they                                                               
are not hiring Alaskans.                                                                                                        
                                                                                                                                
3:26:56 PM                                                                                                                    
                                                                                                                                
COMMISSIONER O'CLARAY  remarked that when paychecks  fly south of                                                               
Ketchikan, they  do nothing  for Alaska's  economy, but  become a                                                               
drain.  The  locals here  deserve  better  jobs and  good  family                                                               
wages, he opined.                                                                                                               
                                                                                                                                
3:29:06 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON noted  that the committee packet  should include a                                                               
document  entitled  "Alaska  Department of  Labor  and  Workforce                                                               
Development  Overview"   that  details   the  key   services  and                                                               
accomplishments of 2004 and the goals of 2005.                                                                                  
                                                                                                                                
3:29:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT  agreed that  Alaska hire is  very important,                                                               
and  said that  DLWD takes  this  serious. He  recalled that  the                                                               
department  publishes  a report  that  shows  the break  down  of                                                               
employment statistics  for Alaska and the  percentage of Alaskans                                                               
who are  employed by each  employer. He  inquired as to  when the                                                               
next report will be available.                                                                                                  
                                                                                                                                
COMMISSIONER O'CLARAY  said that  the document will  be available                                                               
in the first part of February.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROKEBERG pointed  out that  the number  of Alaska                                                               
hires  could  actually  increase  if  the  definition  of  Native                                                               
Alaskans was changed to be current  with the case law on that. He                                                               
then noted that DLWD has a  new study that addresses the issue of                                                               
proper classification and  new employees. He inquired  as to what                                                               
gave rise to  that study and finally,  he asked if it  was due to                                                               
the new  federal employee  classification or was  it a  review of                                                               
Alaska's rather antiquated statutes.                                                                                            
                                                                                                                                
COMMISSIONER O'CLARAY  answered that  it was not  new.   The case                                                               
law and statutes from the  Division of Unemployment Security have                                                               
empowered the  department. From these statutes  the definition is                                                               
used  to distinguish  the difference  between an  employee and  a                                                               
contractor.                                                                                                                     
                                                                                                                                
COMMISSIONER O'CLARAY explained that  there is concern because an                                                               
employee  classified as  an independent  contractor does  not pay                                                               
into  the unemployment  insurance  fund. This  fund  needs to  be                                                               
safeguarded and solvent, and those  employers following the rules                                                               
are protected from rate increases  that occur when someone is not                                                               
paying his/her share.                                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  if  there  are   any  initiatives                                                               
targeting  increasing   the  number   of  rural  people   in  the                                                               
workforce.                                                                                                                      
                                                                                                                                
COMMISSIONER  O'CLARAY   said  that's  an  area   on  which  this                                                               
administration  has  been  concentrating. The  relationship  with                                                               
Alaska  Works  Program  (AWP)  apprenticeship  program  has  been                                                               
strengthened.  This program  is the  primary avenue  for training                                                               
for the  construction and marine  industry. Industry  people have                                                               
committed  to  accept AWP  trainees  for  their ships,  which  he                                                               
characterized as  a major accomplishment. There  are about 1,000-                                                               
1,200  mariners  in the  fishing  industry  and there  about  100                                                               
vacancies at all times.                                                                                                         
                                                                                                                                
3:35:05 PM                                                                                                                    
                                                                                                                                
COMMISSIONER O'CLARAY opined  that DLWD has done  a marvelous job                                                               
recruiting in Bush Alaska. In  November DLWD sponsored a pipeline                                                               
training program from which 74 graduated,  and of that 74 over 50                                                               
percent were  Bush Alaskans. Many  of these young  people already                                                               
have jobs in the  North Slope. For a long time,  there has been a                                                               
cultural misunderstanding that these young  people do not want to                                                               
leave their  villages. However that's not  true anymore. Although                                                               
they  have a  strong sense  of family,  they realize  that it  is                                                               
imperative that they leave for school and work.                                                                                 
                                                                                                                                
CHAIR ANDERSON turned his attention  to workers' compensation and                                                               
asked  if Commissioner  O'Claray intends  to work  on legislation                                                               
with the ad  hoc committee or if it was  the governor's intent to                                                               
have his own legislation.                                                                                                       
                                                                                                                                
COMMISSIONER  O'CLARAY expressed  hope  that there  would be  one                                                               
bill and  noted that the  department has been working  very close                                                               
with the ad hoc committee.  Although there were some difficulties                                                               
last  year, the  administration  has  discussed some  suggestions                                                               
with the ad hoc committee.                                                                                                      
                                                                                                                                
3:39:18 PM                                                                                                                    
                                                                                                                                
COMMISSIONER O'CLARAY  pointed out  that employers are  having to                                                               
choose between health benefits  and workers' compensation because                                                               
the  latter is  statutorily required  and  the other  is not.  He                                                               
expressed his  desire to have a  good bill this year  with an eye                                                               
on getting  a final  bill that  addresses the  more controversial                                                               
issues that will require more time.                                                                                             
                                                                                                                                
^OVERVIEW:  DEPARTMENT   OF  COMMERCE,  COMMUNITY   AND  ECONOMIC                                                             
DEVELOPMENT                                                                                                                   
                                                                                                                                
EDGAR   BLATCHFORD,   Commissioner,   Department   of   Commerce,                                                               
Community,  and   Economic  Development  (DCCED),   informed  the                                                               
committee  that  DCCED's mission  is  to  promote a  healthy  and                                                               
strong economy, as  well as healthy and strong  communities.  The                                                               
department   regulates   the   existing  industry   and   assists                                                               
communities with  governance and  sustainability.  He  noted that                                                               
DCCED  has  been keen  on  economical  development and  promoting                                                               
local hiring.                                                                                                                   
                                                                                                                                
3:43:02 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  BLATCHFORD  informed  the  committee  that  DCCED's                                                               
total  budget  is around  $125  million,  of which  $7.8  million                                                               
originates  from the  general fund  (GF). He  highlighted DCCED's                                                               
work including the  passage of SB 272, which was  followed by the                                                               
passage  of   Administrative  Order  219  that   transferred  the                                                               
corporations program  to the Division  of Banking.  This transfer                                                               
will better  serve the public  by creating a  single organization                                                               
within state government, he opined.                                                                                             
                                                                                                                                
3:44:35 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   BLATCHFORD  next   turned  to   the  Division   of                                                               
Investments,  which   he  characterized  as  a   very  successful                                                               
division, and said  that it was the best way  to implement public                                                               
policy  loans. Last  year the  Division of  Investments processed                                                               
133  loans for  a  total of  $15.2 million,  of  which 114  loans                                                               
totaling $6.5 million went to  commercial fishermen. He then went                                                               
on to report  that there were 10 loans  for commercial fisheries,                                                               
8 rural  development loans totaling almost  $800,000 resulting in                                                               
the creation  or retention of  29 jobs,  and finally there  was 1                                                               
small business  loan that  retained 2 jobs.  He then  reported on                                                               
specifics of the tax and loan  programs, as well as the fisheries                                                               
revitalization.  He concluded  with  a discussion  on the  marine                                                               
industry's  Community  Development  Quota Program  (CDQs).  Rapid                                                               
growth, he  said, resulted  in revenues in  over $100  million in                                                               
training benefits since its inception in 1992.                                                                                  
                                                                                                                                
3:47:46 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   BLATCHFORD  highlighted   the   Rural  Bulk   Fuel                                                               
assistance program,  which he characterized  as a success  of the                                                               
special session last summer. Working  close with the communities,                                                               
DCCED  was able  to  reduce  the amount  of  assistance to  under                                                               
$800,000 dollars in loans to  deliver bulk fuel primarily for the                                                               
preservation of  life and infrastructure.  He next  reported that                                                               
administering community  advocacy was  at the  heart and  soul of                                                               
the division.  He announced that the  department assisted several                                                               
communities  with   issues  such   as  flooding,   erosion,  fuel                                                               
shortages,  the  creation  of  online  web  sites  and  community                                                               
profile  maps.  He then  moved  on  to  the discussion  of  Local                                                               
Boundaries Commission  (LBC) proceedings. Communities  around the                                                               
state are  reviewing the possibility  of annexing,  detaching, or                                                               
creating  new boroughs.  All of  the aforementioned  is of  great                                                               
interest for people in this state, he said.                                                                                     
                                                                                                                                
COMMISSIONER  BLATCHFORD  moved  on   to  the  Alaskan  Aerospace                                                               
Development  Corporation (AADC),  which  spent  $11.6 million  in                                                               
federal funds in 2004. This  expenditure translates into 45 full-                                                               
time jobs  in Kodiak  and 16  in Anchorage.  He then  pointed out                                                               
that  the  Alaska  Industrial Development  and  Export  Authority                                                               
(AIDEA) also  generated revenue.  Alaska Energy  Authority (AEA),                                                               
he  commented, is  of great  interest to  communities around  the                                                               
state.  He  noted  that  upgrades   and  new  emergency  response                                                               
services, as well as bulk  fuel facility upgrades were completed.                                                               
With regard to the Alaska  Seafood Marketing Institute (ASMI), he                                                               
related  that Alaska  seafood  is the  second  most popular  food                                                               
brand  on menus  of  the  top 500  restaurants  in  the U.S.  The                                                               
Regulatory  Commission of  Alaska (RCA),  he announced,  has also                                                               
been active  according to  his report.  In fact,  pending dockets                                                               
have been reduced while awards and grants have increased.                                                                       
                                                                                                                                
3:52:14 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  BLATCHFORD  reviewed  the future  goals  of  DCCED,                                                               
which  include  working closely  with  CDQs  and fine-tuning  the                                                               
Magnuson-Stevens  Act (MSA).  The MSA  is of  huge importance  to                                                               
coastal  communities.   He  reminded   the  committee   that  the                                                               
initiative  passed last  year called  the Community  Quota Entity                                                               
(CQE), which  enables the communities  to buy  Individual Fishery                                                               
Quotas (IFQs)  shares and then  lease to communities who  want to                                                               
fish the quotas.                                                                                                                
                                                                                                                                
3:54:11 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  BLATCHFORD   stated  that   tourism  is   of  great                                                               
importance. This year,  at least a million  visitors are expected                                                               
to  arrive by  cruise  ship. He  then  went on  to  say that  the                                                               
department  works  very  closely  with  the  Office  of  Economic                                                               
Development  (OED),  and the  tourism  industry  as well  as  the                                                               
Alaskan Travel Association.                                                                                                     
                                                                                                                                
3:55:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  BLATCHFORD turned  to  mining and  stated that  the                                                               
department  works   closely  with   communities  such   as  Delta                                                               
Junction.    With regard  to  the  Development of  Alaskan  Rural                                                               
Tourism (DART),  it has been  partly funded by a  $300,000 grant.                                                               
This $600,000  project was  an 18-month  long project  into which                                                               
several communities have  been accepted. He moved  on to announce                                                               
the new  initiative called  the Manufacturer's  Extension Program                                                               
(MEP). The  goal of  this initiative is  to create  12 electronic                                                               
commerce  centers  in  rural  Alaska.   It  doesn't  require  the                                                               
construction  of $100  million infrastructure  because it  can be                                                               
done quickly using local people and local resources.                                                                            
                                                                                                                                
3:56:47 PM                                                                                                                    
                                                                                                                                
COMMISSIONER BLATCHFORD  reminded the  committee that  the Alaska                                                               
Regional  Development Organization  (ARDORs)  program  is up  for                                                               
authorization. There are 11 ARDORs,  most of which are located in                                                               
rural areas.  He informed  the committee  that although  some are                                                               
more successful than others, this is a good program.                                                                            
                                                                                                                                
REPRESENTATIVE GUTTENBERG  recalled mention of the  City of Delta                                                               
Junction  considering expansion;  and  noted that  there is  some                                                               
controversy  regarding  whether  or  not  the  residents  want  a                                                               
borough.   He  then   mentioned  that   Fairbanks  is   reviewing                                                               
annexation  of some  of  the  local mining  areas,  and asked  if                                                               
Fairbanks is becoming more active with the LBC.                                                                                 
                                                                                                                                
COMMISSIONER  BLATCHFORD  emphasized  that   the  City  of  Delta                                                               
Junction  is a  progressive community.  Mayor Gilbertson  and the                                                               
city administrator are reviewing  expanding the opportunities for                                                               
the  local people,  and there  are so  many opportunities  in the                                                               
greater  Delta area.  He noted  that other  entities in  the area                                                               
would like to seize the  opportunities available to the people in                                                               
the Delta Junction area.                                                                                                        
                                                                                                                                
4:00:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG informed the  committee that he was privy                                                               
to  a letter  written to  the governor  which suggested  that the                                                               
commercial fishing  revolving loan fund be  merged with (indisc).                                                               
He then asked if the commissioner  is familiar with the letter or                                                               
any of the issues involved with it.                                                                                             
                                                                                                                                
COMMISSIONER BLATCHFORD replied that he was familiar with it.                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked the  commissioner if there  is any                                                               
merit to  consolidating some  of the  loan programs  "specific to                                                               
mission of the particular program".                                                                                             
                                                                                                                                
COMMISSIONER BLATCHFORD  reiterated his belief that  the Division                                                               
of Investments does an excellent  job. This department implements                                                               
public policy quickly because it  doesn't have to go through some                                                               
of the regulatory processes required of lending institutions.                                                                   
                                                                                                                                
COMMISSIONER BLATCHFORD  continued by  stating that  the Division                                                               
of  Investments  has a  loan  portfolio  totaling close  to  $2.5                                                               
million   and   it's   very    committed   to   providing   local                                                               
opportunities. He iterated that  his department uses local people                                                               
who work  very closely with  organizations in the state,  and the                                                               
goal is  to keep  local opportunities for  local people.  This is                                                               
the   beauty  of   the  CDQ   program.   However,  the   "limited                                                               
entrepreneurs" permits have been  migrating outside of the state.                                                               
He then  announced that it is  the governor's policy, as  well as                                                               
the department's, to keep local permits [in the state].                                                                         
                                                                                                                                
4:02:44 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  BLATCHFORD opined  that  the best  way to  preserve                                                               
jobs is  to work with  the loan  programs within the  Division of                                                               
Investments.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  remarked that the area  of consolidation                                                               
had more to  do with loans that are more  conducive to commercial                                                               
loans for  fishing boats,  gear, and things  of that  nature, not                                                               
permits or CDQs.                                                                                                                
                                                                                                                                
GREG WINEGAR,  Director, Division  of Investments,  Department of                                                               
Commerce,  Community, and  Economic  Development, clarified  that                                                               
the Division  of Investments does  not subsidize anyone  in rural                                                               
Alaska.  He explained that  the division works closely with those                                                               
who borrow money from the state investors.                                                                                      
                                                                                                                                
Mr. WINEGAR stated that the  program has been very successful and                                                               
has  returned about  $40 million  to the  state. The  Division of                                                               
Investment is a  very successful program and  one created through                                                               
the  wisdom  of the  legislature.  The  Division of  Investments,                                                               
unlike   traditional   lending   institutions,  has   faith   and                                                               
confidence in local people.                                                                                                     
                                                                                                                                
MR. WINEGAR pointed out that the  challenge here is that the vast                                                               
majority of  the division's portfolio  would not qualify  for any                                                               
loans obtained  through any other financial  institution. He then                                                               
went on to say that in  regards to the subsidy issue there should                                                               
be a handout; this is illustrated  on page 6, where, he said, the                                                               
division  provides statistics  that  relate to  the program.  The                                                               
program has repaid all the funds  that went into it and continues                                                               
to  earn more  money than  necessary to  operate the  program and                                                               
provide for loans.                                                                                                              
                                                                                                                                
4:06:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  pointed out that the  indication on page                                                               
6  of the  handout refers  to a  stated interest  rate that  is a                                                               
fixed  rate  of prime  plus  2  percent.  He  asked if  this  was                                                               
correct.                                                                                                                        
                                                                                                                                
4:07:28 PM                                                                                                                    
                                                                                                                                
MR. WINEGAR  answered that  it is  a typo;  the rate  is actually                                                               
prime plus 2 percentage points for the portfolio.                                                                               
                                                                                                                                
REPRESENTATIVE  ROKEBERG  mentioned  that  there seems  to  be  a                                                               
controversy growing  about the  competition between  the Division                                                               
of Investments  and commercial lenders, and  possible duplication                                                               
of services.                                                                                                                    
                                                                                                                                
Mr.  WINEGAR  informed the  committee  that  legislation on  that                                                               
issue has been considered. One of  the major concerns is that the                                                               
vast majority of loans the  division doles out are to individuals                                                               
and groups that  do not qualify for any other  financing. If this                                                               
program is not available, there  will be no availability of funds                                                               
for those individuals.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG stated that this should be reviewed.                                                                    
                                                                                                                                
REPRESENTATIVE   ROBERTA  GARDNER,   Alaska  State   Legislature,                                                               
inquired as to how the success of an ARDOR is defined.                                                                          
                                                                                                                                
COMMISSIONER BLATCHFORD  explained that  the department  deems an                                                               
ARDOR successful  when it is  able to identify  opportunities for                                                               
local   people  and   provide  a   voice  for   local  economical                                                               
development.   A good concrete  example of a successful  ARDOR is                                                               
the MEP program.                                                                                                                
                                                                                                                                
^OVERVIEW: DIVISION OF INSURANCE                                                                                              
                                                                                                                                
4:10:59 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be the Division of Insurance.                                                                                                   
                                                                                                                                
4:12:12 PM                                                                                                                    
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community,  and   Economic  Development,  provided  an                                                               
overview  of  the  division's mission.  She  announced  that  the                                                               
division is a resource which  provides the technical ability that                                                               
helps the  legislature deal  with the  insurance world.  She then                                                               
went on  to say  that the  division is  a regulatory  agency that                                                               
provides  consumer  protection, enforces  insurance  regulations,                                                               
and provides  licensing for  insurance companies.   In  fact, she                                                               
said, the  core of  the division's services  is the  provision of                                                               
licensing for insurance companies;  there are approximately 1,000                                                               
companies  for  which the  division  is  responsible.   Ms.  Hall                                                               
indicated that the  state has licensed 19,000  agents and brokers                                                               
who  sell insurance,  of which  4,000  are residents.  Obviously,                                                               
there are  a huge number of  nonresidents who do business  in the                                                               
state.                                                                                                                        
                                                                                                                                
MS. HALL next  turned to compliance, another core  service of the                                                               
division. One  of the division's  primary roles is  the financial                                                               
examinations of  the state's domestic insurers.  Statute requires                                                               
a  financial examination  every three  years, which  entails both                                                               
in-house  certified public  accountants and  outside contractors.                                                               
The  division  thoroughly  reviews   the  financial  standing  of                                                               
insurance companies  for whom  it is  the primary  regulator. She                                                               
then went  on to say  that the  division collects a  premium tax.                                                               
The division  generated approximately $44  million at the  end of                                                               
fiscal  year 2004  in premium  tax into  the state  general fund.                                                               
However, the division is not  a general fund agency. She informed                                                               
the committee that  the division generates $5.4  million in fees.                                                               
The division charges fines, penalties,  and interest all of which                                                               
is placed into the general fund.                                                                                                
                                                                                                                                
MS.  HALL pointed  out  that compliance  also  deals with  market                                                               
conduct,  which means  the division  reviews  what the  insurance                                                               
companies are doing.  Such review of market  conduct might entail                                                               
review of how  the insurance companies underwrite  and what their                                                               
claim practices are  like. The division tends to do  this when it                                                               
has an  inordinate amount  of complaints.  The division  tries to                                                               
resolve complaints by calling  the companies. Insurance companies                                                               
pay for this market conduct, she highlighted.                                                                                   
                                                                                                                                
4:17:34 PM                                                                                                                    
                                                                                                                                
MS.  HALL mentioned  that the  investigations are  also performed                                                               
for  agencies and  surplus line  brokers. The  investigations are                                                               
done  by  individuals  with law  enforcement  backgrounds.  These                                                               
investigations,  she explained,  usually  lead to  administrative                                                               
action or  criminal prosecution. She informed  the committee that                                                               
three fraud cases are now being heard.                                                                                          
                                                                                                                              
MS. HALL  moved on  to a discussion  of consumer  services, which                                                               
was offered to provide the  public better access to the division.                                                               
This  component of  the  division helps  people  find answers  to                                                               
problems. In the  last year, the consumer  services component has                                                               
mitigated losses  in the  range of $300,000  for consumers.   She                                                               
pointed  out that  the division  also does  filing approvals  for                                                               
property/casualty and  some life and  health rates and  forms. In                                                               
the last year there have been 6,600 filings, she reported.                                                                      
                                                                                                                                
MS. HALL identified  the fourth core function of  the division as                                                               
public information  and speaking engagements. Most  of the staff,                                                               
she  said,  deals  with  the   public  in  some  fashion.  Public                                                               
information regarding  insurance is  disseminated via  the radio,                                                               
public service announcements, and the Internet.                                                                                 
                                                                                                                                
4:22:03 PM                                                                                                                    
                                                                                                                                
MS. HALL  described the  division's work  on a  day-to-day basis.                                                               
For example,  the division  has dealt  with a  bankrupt insurance                                                               
company  for which  claim settlement  was difficult.  Ultimately,                                                               
legislation was  created that  made it  possible to  mitigate the                                                               
problem. Workers' compensation, she  noted, is an important issue                                                               
that the division  addresses. In a study done  by an organization                                                               
in Oregon, it was determined  that Alaska consistently ranks high                                                               
in  premium costs  as  compared  to the  other  states. In  2002,                                                               
Alaska was ranked number 15 on  the list, and in 2004, Alaska was                                                               
ranked number  2, only  behind California.  Workers' compensation                                                               
is  very  expensive  and   costly,  she  commented.  Furthermore,                                                               
markets  are expensive  in Alaska,  adjustments are  difficult in                                                               
the  Bush,  and  certain  types  of  industries  have  difficulty                                                               
finding insurance providers.                                                                                                    
                                                                                                                                
4:26:34 PM                                                                                                                    
                                                                                                                                
MS.  HALL pointed  out that  committee packets  should include  a                                                               
letter  regarding  bid  rigging  and  inappropriate  steerage  of                                                               
business, which  has become  a national  problem. This  issue has                                                               
generated a huge amount of concern with regulators.                                                                             
                                                                                                                                
4:28:20 PM                                                                                                                    
                                                                                                                                
MS.  HALL noted  that solvency  is  also very  important, as  the                                                               
division  has  to  make  sure   that  insurance  companies  doing                                                               
business in Alaska can pay  any claims against them. She informed                                                               
the committee  that modernization  and streamlining  insurance is                                                               
also on the  division's agenda. She expressed hope  there will be                                                               
a new bill that makes it  easier for insurance companies to enter                                                               
the  state. She  made  it  very clear  that  moving an  insurance                                                               
business into this  state is going to  be streamlined. Electronic                                                               
licensing and back  grounding are to be the  standard for agents.                                                               
Health  insurance is  also an  issue,  she affirmed.  Of all  the                                                               
people covered in Alaska, 40  percent are affected by the agency.                                                               
By extension then,  it can shown that  legislation concerned with                                                               
health insurance would impact only this small percentage.                                                                       
                                                                                                                                
MS. HALL  concluded with a  discussion on title  insurance, which                                                               
is also  being worked on by  the division. The division  has also                                                               
worked  with  auto  dealers  regarding   how  they  insure  their                                                               
vehicles, chiefly with guaranteed auto protection.                                                                              
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  if  the assessment  fees for  the                                                               
companies were authorized.                                                                                                      
                                                                                                                                
MS.  HALL replied  yes, and  added  that the  fee was  kept at  4                                                               
percent.                                                                                                                        
                                                                                                                                
4:35:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG asked what  dollar amount is derived from                                                               
the 2 percent.                                                                                                                  
                                                                                                                                
MS. HALL answered that it generates about $4.5 million a year.                                                                  
                                                                                                                                
CHAIR ANDERSON next turned attention  to the Alaska Comprehensive                                                               
Health Insurance Association (ACHIA).                                                                                           
                                                                                                                                
MS.  HALL  explained  that  the ACHIA  program  is  an  insurance                                                               
program  for  people who  are  high  risk  and unable  to  obtain                                                               
insurance any other  way. This is the market of  last resort. The                                                               
ACHIA   program  provides   private  insurance   for  high   risk                                                               
individuals  and the  cost of  the  program is  assessed back  to                                                               
insurers.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked if  Ms. Hall  meant that  ACHIA is                                                               
funded out of the premiums of  the 40 percent of individual small                                                               
group policies.                                                                                                                 
                                                                                                                                
MS. HALL  affirmed that the  companies that write  the individual                                                               
and small group policies are responsible for the cost.                                                                          
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked whether  the cash flow problem is                                                               
short term or long term.                                                                                                        
                                                                                                                                
MS. HALL clarified that it's not  a cash flow problem. She opined                                                               
that this  program is a burden  on the companies that  are paying                                                               
more in increasing percentages.                                                                                                 
                                                                                                                                
REPRESENTATIVE  LEDOUX  recalled  that  a  couple  of  years  ago                                                               
several  coastal  communities  were  impacted  when  one  of  the                                                               
maritime insurance companies went  "belly-up."  She asked whether                                                               
the division regulates maritime insurance.                                                                                      
                                                                                                                                
MS.  HALL answered  that the  division does  cover some  types of                                                               
maritime  insurance. She  explained  that the  type  that is  not                                                               
regulated is referred to as  a non-admitted company, which is not                                                               
covered  by the  guaranty funds.  Although the  division required                                                               
that  there be  disclosure, what  Representative LeDoux  recalled                                                               
could still happen.                                                                                                             
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  whether  people  can   buy  self-                                                               
procurement insurance.                                                                                                          
                                                                                                                                
MS. HALL estimated that this is generally not the case.                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX then  asked whether  or not  someone could                                                               
buy a workers' compensation policy,  which is required by statute                                                               
under self-procurement.                                                                                                         
                                                                                                                                
MS. HALL  answered that  workers' compensation  has to  be placed                                                               
with an admitted insurer.                                                                                                       
                                                                                                                                
4:41:30 PM                                                                                                                    
                                                                                                                                
^OVERVIEW: DIVISION OF OCCUPATIONAL LICENSING                                                                                 
                                                                                                                                
RICK  URION,   Director,  Division  of   Occupational  Licensing,                                                               
Department  of Commerce,  Community  and Economical  Development,                                                               
informed the committee  that his division is  responsible for the                                                               
licensing of 19,700  new businesses. The cost of  the license has                                                               
increased  since 2003,  but this  has  not affected  the rate  at                                                               
which they  have been issued. He  pointed out that the  state has                                                               
over 70,000 business licenses,  45,000 professional licenses, and                                                               
35,000 corporations.                                                                                                            
                                                                                                                                
MR. URION  turned to the  cost of  a business license,  which has                                                               
increased from the  $50 fee that has been in  place since 1949 to                                                               
$200. He then  informed everyone that 22 percent  of the licensed                                                               
public took  advantage of the  new one-year renewal.  He reported                                                               
next that  the business license  and the renewal  of professional                                                               
licenses  is  also  online.  However,  the  initial  professional                                                               
licensing cannot be  online for obvious reasons,  since there has                                                               
to be a review of qualifications.                                                                                               
                                                                                                                                
MR. URION  announced that HB 70  and SB 52 will  replace language                                                               
referring to the  department with more generic  language. He said                                                               
that he  will continue  to ask  for the passage  of the  "Fee and                                                               
Fine bill,"  which allows both  the fees and the  fines collected                                                               
to go to the cost of regulating the professions.                                                                                
                                                                                                                                
4:48:02 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON informed  Mr. Urion that Josh  Applebee, Staff for                                                               
Representative  Anderson, has  discussed the  notion of  one bill                                                               
dealing with all entities that sunset.                                                                                          
                                                                                                                                
MR.  URION  noted that  the  Division  of Legislative  Audit  has                                                               
performed   an  audit   on  the   sunset   process  and   offered                                                               
recommendations.                                                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if there any home inspector bills.                                                                
                                                                                                                                
MR. URION replied no.                                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:50 p.m.                                                                                                                       
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects