Legislature(2007 - 2008)CAPITOL 17

02/07/2007 03:00 PM House LABOR & COMMERCE


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03:04:56 PM Start
03:05:02 PM Overview(s): Division of Insurance
04:48:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Division of Insurance TELECONFERENCED
*+ HB 77 MARRIAGE BROKERS AND ADVERTISERS TELECONFERENCED
Scheduled But Not Heard
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        February 7, 2007                                                                                        
                           3:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Mark Neuman, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Jay Ramras                                                                                                       
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DIVISION OF INSURANCE                                                                                             
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LINDA HALL, Director                                                                                                            
Division of Insurance                                                                                                           
Anchorage Office                                                                                                                
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented an overview of the Division of                                                                   
Insurance.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  KURT OLSON  called the  House Labor  and Commerce  Standing                                                            
Committee  meeting  to  order  at  3:04:56  PM.    Representatives                                                            
Gardner,  Gatto, Buch,  and  Olson  were present  at  the call  to                                                              
order.   Representatives  Ramras,  Neuman, and  LeDoux arrived  as                                                              
the meeting was in progress.                                                                                                    
                                                                                                                                
^OVERVIEW(S):  DIVISION OF INSURANCE                                                                                          
                                                                                                                                
CHAIR OLSON  announced that  the only order  of business  would be                                                              
an overview of the Division of Insurance.                                                                                       
                                                                                                                                
3:05:02 PM                                                                                                                    
                                                                                                                                
LINDA  HALL, Director,  Division of  Insurance, Anchorage  Office,                                                              
Department   of  Commerce,  Community,   &  Economic   Development                                                              
(DCCED),  began  by  explaining  the  general  background  of  the                                                              
Division of  Insurance ("the Division").   Referring to  a handout                                                              
titled  "Overview -  House  Labor &  Commerce,  February 7,  2007,                                                              
Division of  Insurance," she  explained that  the Division  is the                                                              
primary  regulator  of the  insurance  industry  in Alaska.    The                                                              
federal government  defers the  aforementioned regulation  to each                                                              
state.    The  Division  has  been   accredited  by  the  National                                                              
Association  of  Insurance  Commissioners   (NAIC),  a  regulatory                                                              
group which  provides a forum  for interaction with  other states,                                                              
in order  to come  up with joint  goals and  standards.   She then                                                              
read  the Division's  mission,  as follows  [original  punctuation                                                              
provided]:                                                                                                                      
                                                                                                                                
     The mission  of the Division of Insurance  is to protect                                                                   
     and  educate the  consumer,  to develop,  interpret  and                                                                   
     enforce the  insurance statutes and regulations,  and to                                                                   
     enhance the insurance business environment.                                                                                
                                                                                                                                
MS.  HALL stated  that  the  Division  has "very  diverse  goals,"                                                              
which can  be a  "balancing act"  of ensuring consumer  protection                                                              
and maintaining  a competitive  marketplace.   She then  discussed                                                              
the  Consumer Services  Section  of the  Division.   This  section                                                              
responds   to  consumer   inquiries   and  investigates   consumer                                                              
complaints.    She relayed  examples  of  the different  types  of                                                              
consumer complaints that the Division has assisted in resolving.                                                                
                                                                                                                                
3:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  inquired   as  to  the  procedure  used  by                                                              
insurance  companies  in  order   to  determine  the  value  of  a                                                              
vehicle.                                                                                                                        
                                                                                                                                
MS. HALL  replied that  the replacement cost  is the  "actual cash                                                              
value" of the vehicle.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GATTO offered an  example of  a procedure  used by                                                              
insurance  companies  to gather  the  aforementioned  information,                                                              
and asked if  the Division should be contacted  by individuals who                                                              
object to this procedure.                                                                                                       
                                                                                                                                
MS.  HALL replied  yes.   Continuing  with  her presentation,  she                                                              
pointed out that  in 2005, the Consumer Services  Section obtained                                                              
more  than  $600  thousand  in   additional  payments  to  Alaskan                                                              
consumers.                                                                                                                      
                                                                                                                                
3:13:26 PM                                                                                                                    
                                                                                                                                
MS.  HALL, moving  on  to the  Licensing  Section, explained  that                                                              
licenses   are  issued   upon  determining   that  the   licensing                                                              
requirements are  met.  There  are currently over  25,000 licenses                                                              
in Alaska,  3,750 of  which have  been issued  to residents.   The                                                              
remaining licenses issued are non-resident.                                                                                     
                                                                                                                                
3:14:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN relayed  a  story and  inquired  as to  how                                                              
citizens  of Alaska  can  be sure  that  insurance companies  will                                                              
honor the policies sold.                                                                                                        
                                                                                                                                
MS.  HALL  replied  that  a number  of  sanctions  can  be  taken,                                                              
including termination  of the company's "certificate  of authority                                                              
to  do business  in the  state."   She  stated that  she would  be                                                              
"hard  pressed to  think  there  was a  situation  [in which]  the                                                              
Division's hands were  tied."  She explained that  if an insurance                                                              
company  were  fined  by  the  Division  and  did  not  pay,  this                                                              
information would  be returned to  the NAIC, and would  affect the                                                              
company's  ability  to  sell  insurance   in  other  states.    In                                                              
response  to an  additional question  from Representative  Neuman,                                                              
she  stated that  she does  not  know of  any insurance  companies                                                              
that have refused to pay the fines.                                                                                             
                                                                                                                                
3:18:27 PM                                                                                                                    
                                                                                                                                
MS.  HALL  then   discussed  the  Investigation   Section  of  the                                                              
Division.    The  following  types   of  fraud  are  investigated:                                                              
claimant    fraud,    license   application    issues,    workers'                                                              
compensation   fraud,  agent  fraud,   insurance  company   fraud,                                                              
premium  fraud, and  insurance document  fraud.   These cases  are                                                              
presented  to  the   director,  and  are  then   referred  to  the                                                              
Assistant Attorney  General (AAG)  for civil, administrative,  and                                                              
criminal actions.   She noted that  the AAG averages  2-4 criminal                                                              
convictions per year.                                                                                                           
                                                                                                                                
3:20:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked where  the criminal prosecutions  are                                                              
focused.                                                                                                                        
                                                                                                                                
MS. HALL replied  that criminal prosecutions are  most often agent                                                              
fraud  and  claimant   fraud.    In  response   to  an  additional                                                              
question,  she stated  that the  Division would  look at any  case                                                              
which resulted in a verdict of fraudulent activity.                                                                             
                                                                                                                                
REPRESENTATIVE  GATTO  inquired  as to  the  ethical  requirements                                                              
versus legal requirements of insurance companies.                                                                               
                                                                                                                                
MS.  HALL replied  that the  [unfair trade  practices] section  of                                                              
Title  21 makes  certain  unethical  trade practices  a  statutory                                                              
violation.                                                                                                                      
                                                                                                                                
3:24:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX offered her  understanding that  the unfair                                                              
trade  practices  section  only  applies  to  the  client  of  the                                                              
insurance company, and would not apply to a third-party claim.                                                                  
                                                                                                                                
MS.  HALL   replied  that  she   does  not  currently   have  this                                                              
information  and offered  to  research  this.   In  response to  a                                                              
question from Representative  Neuman, she explained  that claimant                                                              
fraud, sales  fraud, and  broker fraud are  most common.   Initial                                                              
calls  are reviewed  to determine  which section  of the  Division                                                              
should  handle  the  claim.   The  Division  receives  many  calls                                                              
involving  unfair  treatment.    Ms. Hall  encouraged  members  to                                                              
refer  concerned constituents  to the  Consumer Services  Section.                                                              
Inquiries made  to this section  may then go to  the Investigation                                                              
Section  or  to  the Market  Conduct  Examination  Section.    The                                                              
Market  Conduct  Examination  Section,   she  said,  oversees  the                                                              
practices   and  behavior  of   insurance  companies,   producers,                                                              
brokers,  and adjusters.    She gave  examples  of market  conduct                                                              
examination.    In  response to  a  question  from  Representative                                                              
Gardner  regarding  health  insurance,   she  explained  that  the                                                              
Division has  oversight of 40 percent  of those covered  by health                                                              
insurance  in  Alaska.    She explained  the  role  of  "insurance                                                              
administrator,"  and said "if  there's no  incentive in  the state                                                              
to cut  the cost  of claims,  there shouldn't  be an incentive  to                                                              
delay payment."                                                                                                                 
                                                                                                                                
3:33:11 PM                                                                                                                    
                                                                                                                                
MS.  HALL then  moved  on  to discuss  the  Financial  Examination                                                              
Section.   This  section reviews  the solvency  of 1,072  admitted                                                              
insurers in  Alaska, in addition  to collecting premium  taxes and                                                              
fees.    The Division  is  the  primary  regulator of  9  domestic                                                              
insurance companies,  and is  accredited based  on the  quality of                                                              
its financial examinations.                                                                                                     
                                                                                                                                
CHAIR OLSON  offered his understanding  that a copy of  the [state                                                              
health  care  contract]  was  recently  passed  out  of  a  budget                                                              
subcommittee,   adding   that   it   contains   delayed   response                                                              
penalties.                                                                                                                      
                                                                                                                                
3:37:10 PM                                                                                                                    
                                                                                                                                
MS. HALL  moved on to  the Filings Section  of the Division.   She                                                              
explained  that  this  section  reviews  insurance  contracts  and                                                              
premium   rate  filing   to  ensure   they   are  not   excessive,                                                              
inadequate,  or   unfairly  discriminatory.    She   then  offered                                                              
details regarding  this section.   In response to a  question, she                                                              
explained that  discounts may  only be  given "across  the board."                                                              
Finally,  she stated  that in  2005, the  Division received  4,750                                                              
rate and form filings.                                                                                                          
                                                                                                                                
3:42:09 PM                                                                                                                    
                                                                                                                                
MS. HALL,  in response  to a  question, stated  that the  Division                                                              
does not  have a guide to  healthcare insurance.  She  also agreed                                                              
to  provide  all  available  insurance  guides  to  the  committee                                                              
members.   Referring  to the  "Alaska  Insurance Consumer  Guide,"                                                              
she stated that  this discusses many types of  personal insurance.                                                              
She opined  that this is  a "very valuable  guide."  Moving  on to                                                              
Revenues,  she explained  insurance premium  taxes are the  second                                                              
largest source  of revenue  to the general  fund.  In  fiscal year                                                              
06 (FY  06) premium taxes  were "well in  excess" of  $44 million.                                                              
Insurance  companies  pay premium  taxes  in  lieu of  income  and                                                              
corporate taxes.   During the 2005 calendar year,  $2.7 billion in                                                              
insurance  premiums  were  written  in  Alaska.   In  FY  06,  the                                                              
Division generated  $9.6 million in fees.  She  explained that the                                                              
Division  is funded  by the fees  generated,  and not through  the                                                              
general fund.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  RAMRAS  inquired as  to  the satisfaction  of  the                                                              
Division,  in  regard  to  the   volume  of  commercial  insurance                                                              
carriers in Alaska.                                                                                                             
                                                                                                                                
MS. HALL  replied that  the Division  is not currently  satisfied.                                                              
She then  discussed regulatory modernization,  which is  an effort                                                              
to  "bring markets"  into  Alaska.   There  are several  obstacles                                                              
that must be overcome, although improvements have been noted.                                                                   
                                                                                                                                
3:48:51 PM                                                                                                                    
                                                                                                                                
MS. HALL  moved on  to discuss  the issues  and challenges  of the                                                              
Division.    She  is not  satisfied  with  the  current  insurance                                                              
markets.    Referring  to  a  study  done  by  Oregon  state,  she                                                              
explained  that   in  2005,  Alaska   had  the  highest   workers'                                                              
compensation premiums  in the country.   She agreed  to distribute                                                              
the aforementioned  study to the  committee members.   She pointed                                                              
out  that  in January  2007,  the  average  rate decrease  was  10                                                              
percent.                                                                                                                        
                                                                                                                                
3:50:48 PM                                                                                                                    
                                                                                                                                
MS. HALL,  in response to  a question from Representative  Neuman,                                                              
replied that  a decrease in  workers' compensation rates  may have                                                              
been a result  of legislation that  was passed.  There  has been a                                                              
decrease  in the  frequency of  claims,  which has  resulted in  a                                                              
reduction  of  rates.    However,  the average  cost  of  a  claim                                                              
remains  significantly  higher  than  the national  average.    In                                                              
addition, companies  are seeking a change in  environment, and are                                                              
recognizing Alaska as a place to do business.                                                                                   
                                                                                                                                
3:55:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS shared his  experience as  a member  of the                                                              
Cabaret Hotel Restaurant  & Retailer's Association  group workers'                                                              
compensation  program.    In  regard  to  the  work  done  by  the                                                              
Division,  he said  "great  kudos to  your  department, for  being                                                              
proactive and fixing people's lives, and saving jobs."                                                                          
                                                                                                                                
MS. HALL,  in response  to a question  from Representative  Ramras                                                              
regarding  the  current workers'  compensation  system,  expressed                                                              
her opinion  that the state does  not "take the best care"  of its                                                              
injured workers,  adding that there  is "a long  way to go."   She                                                              
opined  that having  the  highest  premiums does  not  necessarily                                                              
mean the state has "the very best system."                                                                                      
                                                                                                                                
4:00:07 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  requested  that  the   most  recent  report  of  the                                                              
National Council  on Compensation Insurance (NCCI)  be distributed                                                              
to the committee.                                                                                                               
                                                                                                                                
4:00:47 PM                                                                                                                    
                                                                                                                                
MS. HALL,  in response to  a question from Representative  LeDoux,                                                              
stated  that  she has  not  heard  any  negative feedback  on  the                                                              
[Workers'  Compensation Appeals  Commission  (Commission)].   Only                                                              
two  of  the  [Commissions]  decisions  have been  appealed.    In                                                              
regard to  the aforementioned  10 percent  average rate  decrease,                                                              
she explained that  depending on the category,  certain rates went                                                              
up, while  others went down.   She gave  a brief breakdown  of the                                                              
most  significant  decreases  and   increases.    In  response  to                                                              
questions,  she offered  the rate  increases  for previous  years.                                                              
She   explained    that   homebuilders    have   a    variety   of                                                              
classifications,  and offered to  provide this information  to the                                                              
committee.    Workers'  compensation  is a  residual  market,  and                                                              
offers coverage in  a "high-risk pool."  She gave  a brief history                                                              
of  the  aforementioned  high-risk  pool,  and  surmised  that  85                                                              
percent of these policies are under $10,000 in premium.                                                                         
                                                                                                                                
4:04:27 PM                                                                                                                    
                                                                                                                                
MS.  HALL, in  response  to an  additional  question, opined  that                                                              
some  employers  will  continue  to require  that  workers  become                                                              
independent  contractors as  long as  workers' compensation  rates                                                              
remain high.   However, the rates  remain the same,  regardless of                                                              
who is paying.                                                                                                                  
                                                                                                                                
4:07:37 PM                                                                                                                    
                                                                                                                                
MS. HALL went on  to discuss health insurance.   New companies are                                                              
writing business  in Alaska, although  cost remains an issue.   In                                                              
response  to  a  question  from   Representative  Gatto  regarding                                                              
workers'  compensation,  she explained  that  general  contractors                                                              
[are   responsible   for   ensuring    that   the   employees   of                                                              
subcontractors are covered].                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAMRAS    offered   a   scenario    involving   a                                                              
construction  worker who  is injured  while working  under his  or                                                              
her fifth  employer and years later  caused to retire [due  to the                                                              
aforementioned injury].   He inquired  as to who must take  on the                                                              
responsibility of the injured worker.                                                                                           
                                                                                                                                
MS. HALL  replied that she is  unable to answer this  question, as                                                              
it  is "fact-specific"  case.   Returning to  health insurance  in                                                              
Alaska, she explained  that the Division has primary  oversight of                                                              
40 percent  of those insured.   The remaining  60 percent  are not                                                              
required  to  follow mandates  set  by  the  Division.   She  then                                                              
discussed homeowner  and earthquake  coverage.   In response  to a                                                              
question, she  offered her  understanding that "earthquake  zones"                                                              
may affect coverage rates.                                                                                                      
                                                                                                                                
4:13:49 PM                                                                                                                    
                                                                                                                                
MS.  HALL, in  response to  a question  from Representative  Buch,                                                              
offered  her   understanding  that   insurance  companies   follow                                                              
different  guidelines,  and therefore  some  may  be unwilling  to                                                              
write  insurance for  more remote  areas, or  may have  structural                                                              
prohibitions.                                                                                                                   
                                                                                                                                
CHAIR OLSON  commented that bush  fires are often  "total losses,"                                                              
[which  may deter  insurance  companies  from covering  those  who                                                              
live in remote areas].                                                                                                          
                                                                                                                                
4:15:11 PM                                                                                                                    
                                                                                                                                
MS. HALL  then discussed solvency.   She  opined that this  is the                                                              
primary function  of the Division.   Referring to a  2003 workers'                                                              
compensation   insolvency,   she   explained  how   the   Division                                                              
recovered from a failure of the guarantee fund.                                                                                 
                                                                                                                                
4:19:41 PM                                                                                                                    
                                                                                                                                
MS. HALL  went on to  say that the  guarantee fund  is "adequate,"                                                              
although may not  cover the maximum liability.   The surcharge was                                                              
increased  from  two to  four  percent,  which  is a  burden  when                                                              
combined with the cost of premiums.                                                                                             
                                                                                                                                
4:23:17 PM                                                                                                                    
                                                                                                                                
MS. HALL,  in response  to a question  from Representative  Neuman                                                              
regarding  the claims  process for  workers' compensation,  stated                                                              
that she does  not oversee the Division of  Workers' Compensation.                                                              
She offered  her understanding  that first,  the injured  employee                                                              
notifies  his or her  employer.   The employer  then notifies  the                                                              
insurance  company,   as  well  as  the  Department   of  Labor  &                                                              
Workforce  Development   (DLWD).    The  insurance   company  then                                                              
investigates  and takes  over for  the employer.   There are  time                                                              
limits for payment  of lost wages and medical bills.   If there is                                                              
a dispute, this is turned in to the Workers' Compensation Board.                                                                
                                                                                                                                
4:29:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS,  in regard to the aforementioned  guarantee                                                              
fund failure,  said "the fact that  remains, is that you  and your                                                              
stewardship  at  the Division  of  Insurance saved  our  [workers'                                                              
compensation]  system from  going off  the cliff.  ... You  should                                                              
get a great deal of credit for that.  It was a job well done."                                                                  
                                                                                                                                
4:30:16 PM                                                                                                                    
                                                                                                                                
MS. HALL  said "I  very much appreciate  the comments.   It  was a                                                              
legislative effort  by a number  of people. ... I  certainly can't                                                              
take credit for that by myself."                                                                                                
                                                                                                                                
REPRESENTATIVE  BUCH  expressed   concern  regarding  the  current                                                              
system.   He opined  that recent  changes are  "worthy of  careful                                                              
consideration."                                                                                                                 
                                                                                                                                
MS. HALL replied  that these concerns are well-founded.   She said                                                              
"I would  like to think there  are some things that  are changing,                                                              
but I think it's too soon to tell that."                                                                                        
                                                                                                                                
4:32:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO pointed  out  that both  private  enterprise                                                              
and government  suffered from the  failure of the  guarantee fund.                                                              
He questioned  how much evaluation can  be done in order  to avoid                                                              
this in the future.                                                                                                             
                                                                                                                                
MS.  HALL   opined  that  all   parties  involved   are  carefully                                                              
considering  these concerns.   In response  to further  questions,                                                              
she explained  that  if the Division  suspects  that a company  is                                                              
under-funded,  it may prevent  the company  from operating  in the                                                              
state.  The Division  may also perform a "targeted  market conduct                                                              
examination," in  order to determine  whether ratings  and filings                                                              
are appropriate.                                                                                                                
                                                                                                                                
CHAIR OLSON  requested a comparison  between the insolvency  of an                                                              
insurance company that  is domiciled in Alaska and  a company that                                                              
is not, specifically related to workers' compensation.                                                                          
                                                                                                                                
4:35:39 PM                                                                                                                    
                                                                                                                                
MS.  HALL  replied  that the  Division  oversees  those  companies                                                              
domiciled   in  Alaska   and  provides   "sufficient   oversight."                                                              
However, it  does not regulate  those headquartered  out-of-state,                                                              
relying  on   the  local  regulatory   agency  to   oversee  these                                                              
companies.   She said "we  have more control  over a  company that                                                              
[is domiciled in Alaska]."                                                                                                      
                                                                                                                                
CHAIR  OLSON,   in  regard   to  the   company  involved   in  the                                                              
aforementioned  workers'  compensation   insolvency,  pointed  out                                                              
that the company in question was domiciled in California.                                                                       
                                                                                                                                
MS. HALL  commented that the  as a result  of the insolvency,  the                                                              
state of  California loaned the  guarantee fund $5  million, which                                                              
has since been repaid.                                                                                                          
                                                                                                                                
4:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if the Division has  the authority to                                                              
require insurance companies to post a bond ensuring solvency.                                                                   
                                                                                                                                
MS. HALL replied no.                                                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as  to whether the  Division would                                                              
require this, if given the authority.                                                                                           
                                                                                                                                
MS. HALL replied  that this would need further  consideration.  In                                                              
response to  an additional  question, she stated  that she  is not                                                              
aware of  any states that  require this type  of bond.   Moving on                                                              
to Regulatory  Modernization, she  explained several  changes have                                                              
been made  in an effort  to "make [Alaska]  an easier place  to do                                                              
business."  She  explained the "interstate compact,"  which allows                                                              
life  insurance  companies  to   make  filings  in  a  centralized                                                              
location.   The  Division has  created  "file and  use" forms,  in                                                              
addition to  an internal information  technology (IT)  project, to                                                              
streamline the  process of business  with the Division.   Finally,                                                              
the Division offers electronic licensing.                                                                                       
                                                                                                                                
MS.  HALL   went  on  to   discuss  regulatory  issues.     Recent                                                              
legislation  limited the  surrender charges  on annuities  sold to                                                              
seniors,  as well as  suitability regulations.   The  disciplinary                                                              
concerns  include  unlicensed  activity.     She  added  that  the                                                              
Division  may  revoke  licenses   for  statutory  violations,  and                                                              
relayed a story  of a recent revocation.  License  revocations are                                                              
reported to a  national database.  Finally, the  state is involved                                                              
in several multi-state investigations and consent orders.                                                                       
                                                                                                                                
4:43:26 PM                                                                                                                    
                                                                                                                                
MS. HALL,  in regard to credit  scoring, stated that she  does not                                                              
have  an update.   She opined  that Alaska  has "one  of the  more                                                              
stringent credit scoring  statutes in the country."   The state is                                                              
currently  before  the  Supreme  Court regarding  a  credit  score                                                              
interpretation done  by the Division, and will not  have an update                                                              
until  the decision  is known.   In  response to   questions,  she                                                              
explained   that  a  correlation   has  been   shown  between   an                                                              
individual's  credit score  and  the number  of insurance  claims.                                                              
Individuals with  lower credit scores  are more likely to  have an                                                              
insurance claim,  she said.   Consequently,  an individual  with a                                                              
higher credit  score and a poor  driving record will still  have a                                                              
better insurance premium.                                                                                                       
                                                                                                                                
Chair  Olson commented  that the  reason for  this correlation  is                                                              
not known, and this has raised discrimination concerns.                                                                         
                                                                                                                                
MS.  HALL,  in  response  to  additional  questions,  stated  that                                                              
credit scoring does  work, although the reason is  unknown.  While                                                              
credit  scoring  is  allowed,  concerns   have  been  raised,  and                                                              
certain  limitations  apply.   This  is not  a  new practice,  she                                                              
said.    She  explained that  several  variables  are  taken  into                                                              
consideration   when   underwriting   insurance,  such   as   age,                                                              
location,  and  type   of  car;  however,  this   is  not  "credit                                                              
scoring."   The formula  used for  home loans is  not the  same as                                                              
that used for insurance purposes.                                                                                               
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Labor and  Commerce Standing  Committee meeting  was adjourned  at                                                              
4:48:02 PM.                                                                                                                   
                                                                                                                                

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