Legislature(2005 - 2006)SENATE FINANCE 532

03/20/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 206 DETENTION OF MATERIAL WITNESSES TELECONFERENCED
Heard & Held
+ SB 289 INSURANCE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                         March 20, 2006                                                                                       
                           9:03 a.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Lyda  Green  convened   the  meeting  at  approximately                                                               
9:03:25 AM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Con Bunde, Vice Chair                                                                                                   
Senator Bert Stedman                                                                                                            
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
Also Attending:  DEAN GUANELI,  Chief Assistant Attorney General,                                                             
Legal  Services Section,  Criminal Division,  Department of  Law;                                                               
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,   Community,  and   Economic  Development;   JOHN  CYR,                                                               
Business Manager, Public Safety Employees Association;                                                                          
                                                                                                                                
Attending  via  Teleconference:   There  were  no  teleconference                                                             
participants.                                                                                                                   
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 206-DETENTION OF MATERIAL WITNESSES                                                                                          
                                                                                                                                
The Committee heard from the  sponsor, the Department of Law, and                                                               
a representative  of a  peace officer  association. The  bill was                                                               
held in Committee.                                                                                                              
                                                                                                                                
SB 289-INSURANCE                                                                                                                
                                                                                                                                
The  Committee  heard from  the  sponsor  and the  Department  of                                                               
Commerce, Community, and Economic  Development. The bill was held                                                               
in Committee.                                                                                                                   
                                                                                                                                
9:04:02 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 206(JUD)                                                                                            
     "An Act relating to contempt of court and to temporary                                                                     
     detention and identification of persons."                                                                                  
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
9:04:08 AM                                                                                                                    
                                                                                                                                
Senator Bunde,  sponsor of the  bill, testified that  the genesis                                                               
of this bill  was based on recent situations  in Anchorage, which                                                               
he was concerned  could occur in other areas of  the state. These                                                               
situations  involved  a  gang-related shooting  and  attempts  by                                                               
police officers called  to the scene to retain  witnesses for the                                                               
purpose of gathering information  about the crime. Alaska Statute                                                               
currently does not  include a material witness  provision and the                                                               
potential witnesses  disregarded officers' requests to  remain at                                                               
the scene and to cooperate in efforts to collect information.                                                                   
                                                                                                                                
Senator Bunde  stated that this legislation  would provide police                                                               
the  ability  to  detain  witnesses  in  similar  situations  and                                                               
possibly defuse the "immediate tension".                                                                                        
                                                                                                                                
Senator Bunde  assured that the  legislation is also  intended to                                                               
not restrict  the rights  of the average  citizen or  abuse their                                                               
constitutional  rights.   He  cautioned  against   the  potential                                                               
negative   impact  on   innocent  parties   when  providing   law                                                               
enforcement  additional  authority  in  their  efforts  to  solve                                                               
crimes.                                                                                                                         
                                                                                                                                
Senator Bunde indicated  that this bill has  undergone review and                                                               
changes  have  been made  to  achieve  the balance  of  providing                                                               
assistance to  law enforcement without infringing  on the public.                                                               
He acknowledged the Department of Law efforts to this end.                                                                      
                                                                                                                                
Senator Bunde  then overviewed the Senate  Majority press release                                                               
pertaining to this bill, which reads as follows.                                                                                
                                                                                                                                
     Summary:                                                                                                                   
        · Increases the penalty for contempt of court for                                                                       
          failure to honor a subpoena or refusal to answer as a                                                                 
          witness in connection with a felony crime or                                                                          
          appearance before the grand jury.                                                                                     
        · Adds a section to AS  12.50 allowing a peace officer to                                                               
          temporarily  detain a  person under  circumstances that                                                               
          give the officer reasonable suspicion that:                                                                           
             o The person witnesses a crime or was in the                                                                       
               vicinity  of  a  crime  such   as  a  homicide  or                                                               
               manslaughter;                                                                                                    
             o The person may have information of material aid                                                                  
               in the investigation of that crime, and;                                                                         
             o The temporary detention is reasonably necessary                                                                  
               to  obtain or  verify  the  identification of  the                                                               
               person,  to obtain  an account  of  the crime,  to                                                               
               protect a crime victim  from imminent harm, or for                                                               
               other exigent circumstances.                                                                                     
        · Allows  a  police officer  who  has  detained a  person                                                               
          under these circumstances to:                                                                                         
             o Photograph the person;                                                                                           
             o Serve a subpoena on the person to appear before                                                                  
               the  grand jury  if  the person  fails to  provide                                                               
               valid government-issued identification;                                                                          
             o Take the person's fingerprints if the person is                                                                  
               detained in  connection with the  investigation of                                                               
               a   murder,   attempted   murder   or   misconduct                                                               
               involving  weapons in  the first  degree under  AS                                                               
               11.61.190.                                                                                                       
        · Prohibits the  peace officer from requiring  the person                                                               
          to  sign  a subpoena  issued  under  this section,  and                                                               
          requires the  peace officer to  advise the  person that                                                               
          failure  to   honor  the  subpoena  is   punishable  as                                                               
          criminal contempt of court.                                                                                           
        · Allows  a person  receiving a  subpoena to  request the                                                               
          district  attorney  to  withdraw the  subpoena  if  the                                                               
          person provides a  valid government-issued photographic                                                               
          identification prior to the grand jury proceeding.                                                                    
        · Makes it a class B  misdemeanor to refuse or resist the                                                               
          taking of photos or fingerprints under this section.                                                                  
     Benefits:                                                                                                                  
        · Balances the  need to  protect individual  freedom with                                                               
          the  ability   to  prosecute   crime  and   to  provide                                                               
          defendants with witnesses on their behalf.                                                                            
     Background:                                                                                                                
        · A material witness is crucial  to either the defense or                                                               
          prosecution.  Unfortunately,  material witnesses  often                                                               
          refuse  to cooperate  with  law enforcement  officials,                                                               
          significantly   impeding    the   ability    to   bring                                                               
          indictments  or   prosecute  crime.  SB   206  protects                                                               
          material   witnesses  from   unreasonable  arrests   or                                                               
          confinement  and  helps   ensure  the  availability  of                                                               
          crucial testimony.                                                                                                    
                                                                                                                                
9:08:50 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  asked  the  impact of  this  bill  in  domestic                                                               
violence instances in which children are involved or present.                                                                   
                                                                                                                                
9:09:13 AM                                                                                                                    
                                                                                                                                
Senator  Bunde  replied  that  this   provision  would  apply  to                                                               
situations   involving  the   most   serious   crimes,  such   as                                                               
manslaughter and misconduct involving weapons.                                                                                  
                                                                                                                                
9:09:31 AM                                                                                                                    
                                                                                                                                
DEAN GUANELI,  Chief Assistant  Attorney General,  Legal Services                                                               
Section,  Criminal Division,  Department of  Law, testified  that                                                               
this bill  would clarify law  that is currently  unclear relating                                                               
to material witnesses. Peace officers  would have direction as to                                                               
their authority  in situations involving  witnesses at  the scene                                                               
of a crime.  Possible witnesses can "drift  into the background",                                                               
making it difficult for law enforcement to gather information.                                                                  
                                                                                                                                
9:10:42 AM                                                                                                                    
                                                                                                                                
Mr.  Guaneli indicated  several such  instances have  occurred in                                                               
the past.                                                                                                                       
                                                                                                                                
Mr.  Guaneli   explained  the   proposed  Article   3.  Temporary                                                               
Detention and  Identification of  Persons., inserted to  AS 12.50                                                               
in Section 2  of this bill. AS 12.50.201(a) would  provide that a                                                               
peace  officer  may temporarily  detain  a  person in  reasonable                                                               
situations.  The courts  recognize this  authority as  a part  of                                                               
common  law,  but  the  exact  authority  is  not  defined.  This                                                               
legislation would  not only  inform police  of what  actions they                                                               
could take, but what actions they could not take as well.                                                                       
                                                                                                                                
9:12:12 AM                                                                                                                    
                                                                                                                                
Senator  Bunde stated  that the  provisions  of this  legislation                                                               
would apply in domestic violence situations involving a weapon.                                                                 
                                                                                                                                
9:12:34 AM                                                                                                                    
                                                                                                                                
Mr.  Guaneli   continued  that   the  proposed   AS  12.50.201(b)                                                               
specifies the actions  a peace officer is allowed  with regard to                                                               
material witnesses  of different  crimes. In any  crime committed                                                               
against a  person, this authority  is limited to  determining the                                                               
identification of  the possible  witness and  what may  have been                                                               
witnessed.  Only in  circumstances  in which  law enforcement  is                                                               
investigating  a  murder or  an  attempted  murder, such  as  the                                                               
result of a drive-by shooting,  could police detain the potential                                                               
witness.                                                                                                                        
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
Mr. Guaneli told of one  case involving domestic violence. Police                                                               
witnessed a couple  running, then getting into a  car and driving                                                               
away. Police thought  the woman in this pair was  the victim of a                                                               
domestic violence  assault and  stopped the  car to  determine if                                                               
this  was the  case. This  action by  law enforcement  was deemed                                                               
proper.                                                                                                                         
                                                                                                                                
Mr.  Guaneli informed  that in  the investigation  of misdemeanor                                                               
crimes,   police  could   not  take   fingerprints  of   material                                                               
witnesses.                                                                                                                      
                                                                                                                                
9:14:59 AM                                                                                                                    
                                                                                                                                
Senator Stedman expressed concern  about felony domestic violence                                                               
crimes.  The  victimized  spouse  may leave  the  home  to  avoid                                                               
further  confrontation because  restraining orders  do not  offer                                                               
sufficient  protection. He  asked  if the  victim  would then  be                                                               
detained by authorities and if so,  what would be the fate of any                                                               
children involved.                                                                                                              
                                                                                                                                
9:16:11 AM                                                                                                                    
                                                                                                                                
Mr. Guaneli agreed that domestic  violence restraining orders are                                                               
not  always effective.  This bill  is not  intended to  prevent a                                                               
domestic  violence victim  from seeking  safety. Rather  it would                                                               
allow police to determine who was  in the vicinity when the crime                                                               
occurred and  what they  may have  witnessed. In  most instances,                                                               
the domestic violence victim telephones  the police. This bill is                                                               
more  applicable  to  those  witnesses  who do  not  wish  to  be                                                               
identified or  cooperative, such as  gang members or  friends and                                                               
relatives of gang members.                                                                                                      
                                                                                                                                
9:17:47 AM                                                                                                                    
                                                                                                                                
Senator Bunde emphasized this provision  only allows detention of                                                               
material witnesses long enough  to gather verified identification                                                               
and  possibly a  statement.  It  would not  require  a victim  to                                                               
remain near the perpetrator.                                                                                                    
                                                                                                                                
9:18:17 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  understood that additional language  is necessary                                                               
to address  the provision relating to  fingerprinting of material                                                               
witnesses.                                                                                                                      
                                                                                                                                
9:18:32 AM                                                                                                                    
                                                                                                                                
Mr. Guaneli told of discussions  to limit this provision, in part                                                               
to be less vulnerable to  a court challenge. Law enforcement only                                                               
requires fingerprints  of witnesses to accurately  identify these                                                               
people.  The  use of  those  prints  should  be limited  to  that                                                               
purpose and  destroyed afterwards.  Currently, the  Department of                                                               
Public Safety  maintains two databases: "known"  fingerprints and                                                               
"unknown"  fingerprints.  The   known  database  includes  prints                                                               
obtained from certain job applicants,  members of the Alaskan Bar                                                               
Association  and  other   public  protection  professionals.  The                                                               
database of  unknown prints contains  those collected  from crime                                                               
scenes  in  which  the  identity  of  the  person  has  not  been                                                               
determined.                                                                                                                     
                                                                                                                                
Mr. Guaneli noted that for  the purposes of this legislation, the                                                               
fingerprints taken of  a material witness could  only be compared                                                               
to the known  database. If a match is found,  the identity of the                                                               
witness could be  verified and the prints could  be destroyed. If                                                               
a fingerprint record were not  found, the prints taken would also                                                               
be destroyed.                                                                                                                   
                                                                                                                                
9:21:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  anticipated an  amendment clarifying  this matter                                                               
would be submitted for future consideration.                                                                                    
                                                                                                                                
9:21:13 AM                                                                                                                    
                                                                                                                                
Senator Hoffman asked how the  fingerprints taken from a material                                                               
witness would be used to  make a positive identification. He also                                                               
asked  the number  of  other states  that  have similar  statutes                                                               
allowing for the fingerprinting of material witnesses.                                                                          
                                                                                                                                
9:21:33 AM                                                                                                                    
                                                                                                                                
Mr.  Guaneli replied  that  the witness  would  be identified  by                                                               
police  officers at  the scene  of the  crime if  an officer  had                                                               
reason to  believe the person  could be of assistance  in solving                                                               
the  crime. He  did  not know  the number  of  other states  with                                                               
similar  laws. A  national trend  is progressing  to improve  the                                                               
ability of police to gather information at crime scenes.                                                                        
                                                                                                                                
9:22:45 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  requested information regarding similar  laws in                                                               
other states.                                                                                                                   
                                                                                                                                
9:23:00 AM                                                                                                                    
                                                                                                                                
Mr. Guaneli indicated  several days would be  needed to undertake                                                               
an exhaustive search.                                                                                                           
                                                                                                                                
9:23:21 AM                                                                                                                    
                                                                                                                                
Senator Stedman  commented that issues  in Anchorage,  Mat-Su and                                                               
Fairbanks  are   different  than  those   effecting  Southeastern                                                               
communities. He  supported the concept allowing  police to detain                                                               
people  to  obtain a  list  of  names  and addresses  for  future                                                               
questioning.                                                                                                                    
                                                                                                                                
9:24:09 AM                                                                                                                    
                                                                                                                                
Senator Bunde,  referencing Senator Hoffman's  question, informed                                                               
that other  states have a  material witness provision and  he had                                                               
submitted a request for information on these statutes.                                                                          
                                                                                                                                
9:24:32 AM                                                                                                                    
                                                                                                                                
Mr.  Guaneli  asserted  that  this  provision  is  based  on  the                                                               
obligations of citizens to provide  testimony in court. It allows                                                               
police to  issue a  subpoena to  a citizen  who fails  to present                                                               
valid   identification.   Unless   testimony   would   be   self-                                                               
incriminating, people have a duty  to testify when called upon to                                                               
do so.                                                                                                                          
                                                                                                                                
9:25:45 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman   contended  that  individuals   have  different                                                               
abilities to recall  a situation. He exampled  exercises in which                                                               
a person  passes through a  room and the  group in that  room are                                                               
asked  to  describe that  person.  These  witnesses usually  have                                                               
significantly different recollections.                                                                                          
                                                                                                                                
Senator  Hoffman  asked  the  point that  police  must  accept  a                                                               
witness'  inability to  recall or  accurately describe  what they                                                               
saw. This gave him concern.                                                                                                     
                                                                                                                                
9:26:40 AM                                                                                                                    
                                                                                                                                
Mr. Guaneli  replied that  a balance must  be achieved.  A person                                                               
walking a dog in  the vicinity of a crime who  claims to not have                                                               
witnessed  anything  relevant  to   the  crime  could  be  deemed                                                               
truthful by a peace officer  immediately. However, another person                                                               
running away  from the scene  of the crime would  require further                                                               
investigation. That  person could  be fleeing because  they heard                                                               
or saw  shots fired and  feared for  their safety, or  fleeing to                                                               
avoid police capture.                                                                                                           
                                                                                                                                
Mr.  Guaneli inferred  the adage  of attracting  more flies  with                                                               
honey  than with  vinegar to  explain how  law enforcement  could                                                               
achieve  more  cooperation  from citizens  by  being  respectful.                                                               
Because of this,  police have an incentive to  treat with respect                                                               
those people who had no connection with the crime.                                                                              
                                                                                                                                
9:28:55 AM                                                                                                                    
                                                                                                                                
Senator Bunde pointed  out that a person at the  scene of a crime                                                               
who provided  proper identification  to law enforcement  could be                                                               
contacted at  a later date  for further questioning.  That person                                                               
could   have  observed   something   initially   thought  to   be                                                               
irrelevant, but later determined to be a "piece of the puzzle".                                                                 
                                                                                                                                
9:29:46 AM                                                                                                                    
                                                                                                                                
JOHN CYR, Business Manager,  Public Safety Employees Association,                                                               
testified about the multiple  law enforcement officials belonging                                                               
to  the  organization. The  Association  supports  this bill.  It                                                               
would allow for  the identification of people present  at a crime                                                               
scene.  Too often,  potential witnesses  refuse to  cooperate and                                                               
leave the scene, making the  police officers' job difficult. This                                                               
legislation  would  provide clarity.  The  need  is obvious.  The                                                               
impacts  of gang-related,  methamphetamine-related and  organized                                                               
crime  related situations  are beginning  to  become apparent  in                                                               
Alaska. "Bad people" want to remain unknown.                                                                                    
                                                                                                                                
9:32:24 AM                                                                                                                    
                                                                                                                                
Co-Chair Green indicated that amended language would be                                                                         
forthcoming.                                                                                                                    
                                                                                                                                
9:32:31 AM                                                                                                                    
                                                                                                                                
Senator Bunde remarked that while this bill was generated as a                                                                  
result of situations occurring in Anchorage, the Alaska State                                                                   
Troopers have indicated it could have statewide application.                                                                    
                                                                                                                                
9:32:59 AM                                                                                                                    
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
9:33:02 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 289(L&C)                                                                                            
     "An  Act  relating to  the  payment  of insurer  examination                                                               
     expenses,  to  the  regulation  of  managed  care  insurance                                                               
     plans,  to actuarial  opinions and  supporting documentation                                                               
     for  an  insurer,  to   insurance  firms,  managing  general                                                               
     agents,  and third-party  administrators, to  eligibility of                                                               
     surplus lines  insurers, to suitability  of life  and health                                                               
     insurance   policies  and   annuity  contracts,   to  unfair                                                               
     discrimination under  a health  insurance policy,  to prompt                                                               
     payment of health care insurance  claims, to required notice                                                               
     by an  insurer, to individual deferred  annuities, to direct                                                               
     payment  to providers  under a  health insurance  policy, to                                                               
     mental health  benefits under a health  care insurance plan,                                                               
     to  the definitions  of 'title  insurance limited  producer'                                                               
     and  of  other  terms  used  in  the  title  regulating  the                                                               
     practice  of  the  business  of   insurance,  and  to  small                                                               
     employer  health  insurance;  repealing the  Small  Employer                                                               
     Health    Reinsurance    Association;   making    conforming                                                               
     amendments; and providing for an effective date."                                                                          
                                                                                                                                
                                                                                                                                
This was the first hearing for this bill in the Senate Finance                                                                  
Committee.                                                                                                                      
                                                                                                                                
Senator Bunde introduced bill, sponsored at request of the                                                                      
Department of Commerce, Community and Economic Development,                                                                     
Division of Insurance. The provisions of the bill are technical.                                                                
                                                                                                                                
9:33:49 AM                                                                                                                    
                                                                                                                                
LINDA HALL, Director, Division of Insurance, Department of                                                                      
Commerce, Community and Economic Development testified as                                                                       
follows.                                                                                                                        
                                                                                                                                
     SB  289  contains numerous  changes  to  Title 21  that  are                                                               
     designed  to provide  protection to  consumers who  purchase                                                               
     life  annuity and  health insurance,  to  ensure that  State                                                               
     statutes  are  consistent  with  federal  law  and  National                                                               
     Association  of Insurance  Commissioners' [NAIC]  model acts                                                               
     and   standards,   to   update   Division   procedures   and                                                               
     transactions and  to make  Alaska licensing  more consistent                                                               
     with national standards.                                                                                                   
                                                                                                                                
     [Regarding life  and health  insurance:] Sections  3 through                                                               
     23 … deal with group  health insurance. Today, under current                                                               
     law,  only  group health  insurance  plans  are required  to                                                               
     comply with the managed care  protections in AS 21.07. These                                                               
     protections  include  requirements  for  both  internal  and                                                               
     external appeal processes for  claim denials. The amendments                                                               
     to   these  sections   would  make   the  protections   also                                                               
     applicable to individual health contracts.                                                                                 
                                                                                                                                
     There  are  some other,  what  I  think are  non-substantive                                                               
     changes, which  are designed to make  terminology consistent                                                               
     with federal  and state law.  We replace "health  care" with                                                               
     "medical  care", remove  "group"  to  make these  provisions                                                               
     also apply  to individual contracts, and  replace "enrollee"                                                               
     with "a covered person".                                                                                                   
                                                                                                                                
     To get into what I think  is a controversial section of this                                                               
     bill,   Section  32,   sets   a   minimum  requirement   for                                                               
     suitability standards.  I'd like to save  discussion on that                                                               
     to the end. …                                                                                                              
                                                                                                                                
     Section  33  [pertains  to provider  non-discrimination  and                                                               
     extends  the provision  to individual  policies rather  than                                                               
     just group health insurance policies.]                                                                                     
                                                                                                                                
     Section  34  deals  with  prompt  payment  of  health  claim                                                               
     provisions.                                                                                                                
                                                                                                                                
     Section  36   is  the   NAIC  standard   non-forfeiture  for                                                               
     individual deferred  annuities. What  we've done here  is to                                                               
     address in  [Sections] 37 and  38 the annuity  products with                                                               
     excessive surrender  charges. In effect these  changes limit                                                               
     surrender  charges to  about a  ten-percent grading  down to                                                               
     zero after  ten years and  will no longer  allow unrealistic                                                               
     maturity  ages  such  as  115.  That's  not  a  particularly                                                               
     realistic date that people who live longer are alive.                                                                      
                                                                                                                                
     Section 41  adds the HIPA [Health  Insurance Portability and                                                               
     Accountability  Act] mental  health  parity provisions  that                                                               
     are  currently  in federal  law.  They're  renewed [as  the]                                                               
     Alaska law sunsets so we need to add those back.                                                                           
                                                                                                                                
     Section  42 to  44  …  we would  repeal  the Small  Employer                                                               
     Health  Reinsurance Association.  Today there  are only  two                                                               
     lives  are  reinsured  in that  Small  Employer  Reinsurance                                                               
     Association.  The   administrative  costs  of   running  the                                                               
     association range  from $10,000 to  $12,000 a year.  We have                                                               
     discussed  this  with  industry and  it  appears  that  this                                                               
     particular   association   has  outlived   its   usefulness.                                                               
     Industry  is  not  at  all  opposed  to  us  repealing  this                                                               
     particular provision.  Section 52, at  the end of  the bill,                                                               
     provides  for a  transition to  wind up  the affairs  of the                                                               
     association and how we would deal with that.                                                                               
                                                                                                                                
     Those  are  the  basic  concepts  in  the  health  and  life                                                               
     changes.  The balance  of the  bill makes  changes in  other                                                               
     provisions  regarding  the  oversight  of  the  entities  we                                                               
     regulate and license.                                                                                                      
                                                                                                                                
     Section  25  is an  adoption  of  the NAIC  model  actuarial                                                               
     opinion guidelines. Today  this is already done  in the life                                                               
     and  health industry.  This particular  section would  adopt                                                               
     the guidelines  for property  casualty insurers.  A domestic                                                               
     insurer  would be  additionally  required to  file with  the                                                               
     Division of  Insurance, an actuarial opinion  summary, which                                                               
     includes their  estimate, or  range of  reasonable estimates                                                               
     of,  reserves and  explains  any  adverse development.  This                                                               
     gives  the  Division  an additional  tool  to  more  quickly                                                               
     identify an  insurer that could  be in a  troubled financial                                                               
     condition. And again, we have  worked with industry on this.                                                               
     We've had some questions that  have been resolved and I have                                                               
     letters   indicating  that   from  those   particular  trade                                                               
     associations.                                                                                                              
                                                                                                                                
     Section  29 requires  some changes  in our  Managing General                                                               
     Agent  laws  to  streamline  and  be  more  consistent  with                                                               
     national standards.                                                                                                        
                                                                                                                                
     Section 30  streamlines notification requirement  for third-                                                               
     party  administrators [indiscernible].  This  was a  request                                                               
     from an industry last year. We  didn't get it in time to put                                                               
     in our  bill to allow  them to  notify us of  main contacts,                                                               
     not  if they  have  a  hundred people  who  might deal  with                                                               
     Alaskan claims.  They didn't  want to  have to  change their                                                               
     list weekly  if they  had employee  changes. So  it modifies                                                               
     the requirement.                                                                                                           
                                                                                                                                
     Section  31  allows  the  Division  to  publish  a  list  of                                                               
     eligible surplus  [indiscernible] on our website  instead of                                                               
     by  paper.  It provides  authority  to  reinstate a  company                                                               
     under specific conditions, which  would include payment of a                                                               
     late fee. Today we don't  have that flexibility if a surplus                                                               
     line insurer does  not make the appropriate  filings with us                                                               
     by the deadline, they have to  start all over again and that                                                               
     seems to have been a  very cumbersome process. We would like                                                               
     to make  that easier to work  with so it isn't  a particular                                                               
     burden.                                                                                                                    
                                                                                                                                
     [Section]   35:   expand   the  authority   for   electronic                                                               
     communications.                                                                                                            
                                                                                                                                
     Generally  then the  last five  sections  deal with  various                                                               
     repealers and effective dates.                                                                                             
                                                                                                                                
     [Pertaining  to   Section  32:]   As  I  mentioned   at  the                                                               
     beginning, as we go through  a bill of this technical nature                                                               
     and  discussions,  there have  been  some  pieces that  have                                                               
     resulted  in  questions:  the confidentiality  of  actuarial                                                               
     opinions,  the annuity  surrender  charges. The  one that  I                                                               
     think  remains are  the suitability  standards.  I have  had                                                               
     considerable   discussion   with    industry   over   what's                                                               
     appropriate,  what's  not  appropriate.   We  have  seen  in                                                               
     industry  some examples  of behavior  that is  probably been                                                               
     detrimental  to consumers.  What  I have  proposed and  will                                                               
     propose in  this section is  to modify the language  that is                                                               
     currently  in the  suitability section  to  pertain only  to                                                               
     long-term care products and to annuities.                                                                                  
                                                                                                                                
     NAIC has  adopted regulations in  both of those  areas. It's                                                               
     my understanding  that the  long-term care  regulations have                                                               
     been  adopted in  31 states.  I would  like to,  and I  have                                                               
     committed to,  using that same philosophy  in adopting long-                                                               
     term care regulations.                                                                                                     
                                                                                                                                
     The annuity regulations  are also an NAIC  model. We've seen                                                               
     examples of trade  practices that are being  violated in the                                                               
     selling of annuities  to seniors. Earlier this  month at the                                                               
     meeting  of NAIC  in Orlando,  the model  was changed  to no                                                               
     longer only  apply to those  65 and older. But  we're moving                                                               
     that age requirement so the  suitability for annuities would                                                               
     apply regardless of the age of the purchaser: the consumer.                                                                
                                                                                                                                
     I would propose, because those  are the two areas that there                                                               
     really  already  are  standards  nationally  that  we  limit                                                               
     suitability to those two areas.                                                                                            
                                                                                                                                
     We  have in  the Division  had  cases that  we've had  taken                                                               
     legal  action and  been upheld  under current  statutes. The                                                               
     suitability language  gives us I think  more consistency and                                                               
     will specifically  authorize us to adopt  regulations. And I                                                               
     would like very much to adopt the NAIC regulations.                                                                        
                                                                                                                                
9:43:24 AM                                                                                                                    
                                                                                                                                
Senator  Stedman, referencing  Section  32 "targeting"  long-term                                                               
care  insurance, asked  if a  differentiation  between fixed  and                                                               
variable annuities is provided.                                                                                                 
                                                                                                                                
9:43:55 AM                                                                                                                    
                                                                                                                                
Ms. Hall  informed that the  suitability standards  for long-term                                                               
care  products include  provisions  relating to  the "ability  to                                                               
pay".  These  products have  increased  in  price. Guarantees  of                                                               
pricing  were given  "early  on". A  consumer  must purchase  the                                                               
product  and continue  to  pay premiums  until  the insurance  is                                                               
needed.  As  products  became   more  expensive,  consumers  were                                                               
lapsing their  coverage and in  effect losing the money  they had                                                               
invested. The  suitability addresses "need", evaluation  of other                                                               
assets, and the ability of a  plan to allow consumers to pay over                                                               
a long term so the coverage  is available when the consumer is in                                                               
need of long-term care.                                                                                                         
                                                                                                                                
Ms.  Hall  noted  no  differential  between  fixed  and  variable                                                               
annuities.  The  Division  currently regulates  both.  Some  dual                                                               
regulations apply to the securities  aspect of annuities in which                                                               
the  Division  coordinates  with  the  Division  of  Banking  and                                                               
Securities.  Some joint  investigations have  been undertaken  on                                                               
individuals selling products.                                                                                                   
                                                                                                                                
9:45:21 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  asked  about   the  definition  of  "reasonable                                                               
grounds" and how it would be addressed in regulation.                                                                           
                                                                                                                                
9:45:37 AM                                                                                                                    
                                                                                                                                
Ms. Hall  gave an  example of a  contract she  recently reviewed,                                                               
which included  a form compliant  with the model  regulation. The                                                               
company  set  its  own  suitability   standards  and  utilized  a                                                               
"consumer  form that  asked particular  questions". The  Division                                                               
would  not  promulgate  regulations requiring  companies  sell  a                                                               
certain  product to  a certain  consumer. Rather  the regulations                                                               
would  provide  a  guideline  to   ensure  that  the  product  is                                                               
appropriate  for  the  financial   needs  and  situation  of  the                                                               
individual consumer.                                                                                                            
                                                                                                                                
9:46:21 AM                                                                                                                    
                                                                                                                                
Senator Stedman knew  of several recent incidences  in the states                                                               
of  Florida  and  New York  involving  major  insurance  carriers                                                               
"called to task"  on excessive replacement on  some annuities and                                                               
other policy issues.                                                                                                            
                                                                                                                                
9:46:44 AM                                                                                                                    
                                                                                                                                
Ms.  Hall informed  that the  Division participated  in a  multi-                                                               
state settlement  with a company  that replaced one  annuity with                                                               
another  for the  enhancement of  that  company. That  settlement                                                               
included assurance  that consumers would not  detriment from such                                                               
actions.                                                                                                                        
                                                                                                                                
9:47:43 AM                                                                                                                    
                                                                                                                                
Senator Stedman  then asked  the background  of the  provision in                                                               
this  bill allowing  for electronic  receipts. He  voiced concern                                                               
that  some documents  are  better received  in  paper format  for                                                               
recordkeeping purposes.                                                                                                         
                                                                                                                                
9:48:49 AM                                                                                                                    
                                                                                                                                
Ms.  Hall responded  that the  Division is  attempting to  update                                                               
statute  to allow  for electronic  communication. Companies  that                                                               
utilize  an increasing  amount of  electronic communication  have                                                               
requested  this  change. The  provision  would  require proof  of                                                               
receipt for these transactions.                                                                                                 
                                                                                                                                
Ms. Hall agreed that consumers  sometimes need direct information                                                               
about  policies.   However,  some  consumers   prefer  electronic                                                               
communications  and this  provision  to either  request or  grant                                                               
permission to receive documentation  through this technology. The                                                               
consumer would make the choice.                                                                                                 
                                                                                                                                
9:50:20 AM                                                                                                                    
                                                                                                                                
Senator Stedman  understood the trend  of the  insurance industry                                                               
to be  more efficient. But  in many instances,  consumers receive                                                               
information in  the mail and  do not understand it.  Insurance is                                                               
almost a foreign  language to many people. He  asked if companies                                                               
would  be required  to follow  electronic  communications with  a                                                               
hard copy.                                                                                                                      
                                                                                                                                
9:51:16 AM                                                                                                                    
                                                                                                                                
Ms. Hall  answered that the  provision would not  require back-up                                                               
mailings,  as   this  would  be  somewhat   redundant.  Insurance                                                               
information is  confusing, but would  not necessarily be  more or                                                               
less confusing if received electronically.                                                                                      
                                                                                                                                
Ms. Hall  stated that many consumers  purchase insurance policies                                                               
online thinking they  were spending less money.  But the policies                                                               
often  differ and  the  comparison is  "apples  to oranges".  The                                                               
Division receives  complaints about  this, but could  only advise                                                               
consumers to  seek the  advice of an  insurance agent  to explain                                                               
the various policies.                                                                                                           
                                                                                                                                
9:52:29 AM                                                                                                                    
                                                                                                                                
Senator Stedman  asked about  situations in  other states,  as he                                                               
assumed this is a national trend.                                                                                               
                                                                                                                                
9:52:41 AM                                                                                                                    
                                                                                                                                
Ms. Hall affirmed  that the use of electronic  communication is a                                                               
national trend, not only in  the insurance industry. In some ways                                                               
this form of communication is more efficient.                                                                                   
                                                                                                                                
9:53:23 AM                                                                                                                    
                                                                                                                                
Senator Bunde  surmised that if  a consumer provides  the company                                                               
with  an email  address, communication  in this  manner would  be                                                               
suitable. It would be assumed  that this consumer has the ability                                                               
and  knowledge  to  receive  information in  this  format.  If  a                                                               
consumer does not provide such  an address, traditional hard copy                                                               
mail would be appropriate. He did  not deem an "opt in" provision                                                               
necessary if an email address were provided.                                                                                    
                                                                                                                                
9:54:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  noted the Division provided  a proposed amendment                                                               
to  address the  suitability provision  [copy not  provided]. The                                                               
language of this  amendment had not been  distributed as Co-Chair                                                               
Green was unconvinced it should be offered.                                                                                     
                                                                                                                                
Co-Chair  Green  announced  that  her husband  is  and  insurance                                                               
agent, although she was unsure  if his business would be affected                                                               
by the provisions of Section 32.                                                                                                
                                                                                                                                
9:54:54 AM                                                                                                                    
                                                                                                                                
Senator  Stedman announced  that he  is licensed  as an  agent of                                                               
life  and health  insurance and  owns a  minority interest  in an                                                               
independent agency.                                                                                                             
                                                                                                                                
Senator Stedman  spoke to reference in  the legislation requiring                                                               
insurers produce an  actuarial analysis to allow  the Division to                                                               
determine suitability and  viability of the insurer.  He asked if                                                               
the intent is  to judge the solvency  of a company as  well as to                                                               
alert  of  predatory pricing  in  the  event the  carrier  incurs                                                               
financial  losses in  one  area  of the  nation  and attempts  to                                                               
increase prices elsewhere  to offset that loss  and increase cash                                                               
flow.   He  reminded   that  this   occurred   in  the   workers'                                                               
compensation  field  several  years   prior.  He  asked  if  this                                                               
legislation would implement a "check and balance" to the system.                                                                
                                                                                                                                
9:56:12 AM                                                                                                                    
                                                                                                                                
Ms. Hall replied that the  actuarial opinion guideline adopted in                                                               
this  legislation  addresses  "reserving". Carriers  are  already                                                               
required to  provide in their financial  statements, an actuarial                                                               
opinion.   An  actuarial   analysis  of   reserves  is   mandated                                                               
currently. This  legislation would provide the  "back ground, the                                                               
work  papers" of  the actuarial  analysis to  allow the  Division                                                               
"one additional tool." This  information would identify potential                                                               
financial  impairment  that  could  be a  source  of  preditorial                                                               
pricing. She told of one instance  in which the prices of a major                                                               
carrier  were  "massaged"  and the  company  almost  doubled  the                                                               
amount of its reserves.                                                                                                         
                                                                                                                                
9:57:44 AM                                                                                                                    
                                                                                                                                
Senator Stedman deemed this a good requirement.                                                                                 
                                                                                                                                
9:57:53 AM                                                                                                                    
                                                                                                                                
Co-Chair Green expressed concern  about the proposed amendment to                                                               
Section  32. This  practice occurs  regularly  for every  product                                                               
sold   for  a   variety  of   reasons,  including   underwriting,                                                               
assessment of risk and the  consumer. Changes are unnecessary and                                                               
should  not be  included  in this  bill.  The proposed  amendment                                                               
should be amended.                                                                                                              
                                                                                                                                
Co-Chair Green announced  the bill would be held  in Committee to                                                               
address   this   issue.   She   found   the   proposed   language                                                               
"troublesome".                                                                                                                  
                                                                                                                                
9:59:38 AM                                                                                                                    
                                                                                                                                
Senator Stedman  agreed that the  practice is  usually acceptable                                                               
in   the  context   of  most   major   and  reputable   carriers.                                                               
Occasionally,  suitability is  "pushed  aside"  to achieve  other                                                               
corporate  objectives. Significant  documentation  has been  done                                                               
over  the  last  several  years to  justify  recommendations  for                                                               
exchanges and replacements. If those  were not documented in "the                                                               
file", supervising officers would make notification.                                                                            
                                                                                                                                
Senator Stedman did  not oppose amending the  provision. He asked                                                               
if Co-Chair Green intended to  delete the language of Section 32,                                                               
or amend it.                                                                                                                    
                                                                                                                                
10:01:13 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  was unsure of  her intentions. She  was concerned                                                               
about the provision.                                                                                                            
                                                                                                                                
10:01:27 AM                                                                                                                   
                                                                                                                                
Senator  Bunde  commented  that the  Senate  Labor  and  Commerce                                                               
Committee, which  he serves as chair,  sponsored this legislation                                                               
at  the  request  of  the Division.  It  would  provide  consumer                                                               
protection, make  Alaska licensing more consistent  with national                                                               
standards  and promote  more efficient  administrative procedures                                                               
and industry oversight.  His support of this  legislation was not                                                               
unconsidered.                                                                                                                   
                                                                                                                                
10:02:05 AM                                                                                                                   
                                                                                                                                
Co-Chair Green agreed the  consolidation and consistency language                                                               
were  appropriate.  The  majority  of  the  legislation  provided                                                               
conforming changes.                                                                                                             
                                                                                                                                
10:02:20 AM                                                                                                                   
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 10:02:22 AM                                                                      

Document Name Date/Time Subjects