Legislature(1997 - 1998)

03/02/1998 01:35 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                       
                    March 2, 1998                                              
                      1:35 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Robin Taylor, Chairman                                                 
Senator Mike Miller                                                            
Senator Sean Parnell                                                           
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Drue Pearce, Vice-Chairman                                             
Senator Johnny Ellis                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 307                                                            
"An Act relating to conditions for filling vacancies in the office             
of United States senator; and providing for an effective date."                
                                                                               
     - MOVED SB 307 OUT OF COMMITTEE                                           
                                                                               
CS FOR SENATE BILL NO. 158(L&C)                                                
"An Act relating to motor vehicle liability insurance covering a               
person who has had the person's driver's license revoked for                   
possession or consumption of alcohol while under 21 years of age."             
                                                                               
     - MOVED CSSB 158(L&C) OUT OF COMMITTEE                                    
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 307 - No previous action to report.                                         
                                                                               
CSSB 158 - See Labor and Commerce minutes dated 2/5/98.                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
Mr. Bill Stoltze                                                               
Staff to Senator Rick Halford                                                  
State Capitol                                                                  
Juneau, Ak 99801-1182                                                          
   POSITION STATEMENT: Presented SB 307                                        
                                                                               
Mr. Ralph Bennett                                                              
Staff to Senator Robin Taylor                                                  
State Capitol                                                                  
Juneau, Ak 99801-1182                                                          
   POSITION STATEMENT: Presented CSSB 158(L&C)                                 
                                                                               
Ms. Marianne Burke                                                             
Division of Insurance                                                          
State Office Building                                                          
9th Floor                                                                      
Juneau, Ak 99801                                                               
   POSITION STATEMENT: Supported SB 158                                        
                                                                               
Mr. John George                                                                
National Association of Independent Insurers                                   
3228 Fritz Cove Rd.                                                            
Juneau, Ak 99801                                                               
   POSITION STATEMENT: Commented on SB 158                                     
                                                                               
Mr. Michael Lessmeier                                                          
State Farm Insurance                                                           
1 Sealaska Plaza Suite 303                                                     
Juneau, Ak 99801                                                               
   POSITION STATEMENT: Commented on SB 158                                     
                                                                               
Ms. Juanita Hensley                                                            
Division of Motor Vehicles                                                     
PO Box 110200                                                                  
Juneau, Ak 99811                                                               
   POSITION STATEMENT: Supported SB 158                                        
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-12, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                
order at 1:33 and brought up SB 307 as the first order of business.            
                                                                               
                 SB 307 - U.S. SENATE VACANCIES                                
                                                                               
                                                                               
MR. BILL STOLTZE, staff to Senator Rick Halford, said SB 307                   
changes the conditions of an appointment to the State Senate and               
requires that any appointee be of the same political party as the              
his or her predecessor.                                                        
                                                                               
SENATOR PARNELL asked why this bill is limited to the Senate and               
MR. STOLTZE said  House holds elections to determine who will fill             
a seat and federal law prohibits appointments to the House.                    
                                                                               
CHAIRMAN TAYLOR asked for further testimony, hearing none, SENATOR             
PARNELL moved SB 307 out of committee with individual                          
recommendations. Without objection, it was so ordered.                         
         SB 158 - INSURANCE CHANGES FOR DR. LIC REVOC.                         
                                                                               
MR. RALPH BENNETT, staff to Senator Robin Taylor, presented SB 158.            
MR. BENNETT said the bill is aimed at removing an abuse that has               
been found to the "use it - lose it provision" in state law.  He               
said this an unintended consequence has resulted in minors, who                
lose their licence due to a minor consuming charge totally                     
unrelated to driving, finding themselves and their families with               
increased insurance premiums or even canceled policies. SB 158                 
would correct this situation by prohibiting an insurance company               
from raising rates or canceling policies soley for the suspension              
of a minor's driving licence due to minor consumption where driving            
was not involved. Mr. BENNET said this is a narrowly focused bill              
and does not address other offenses like DWI, use of false                     
identification or possession of controlled substances.                         
                                                                               
MS. MARIANNE BURKE, Director of the Division of Insurance,                     
testified that this is a real problem and her division has received            
numerous phone calls regarding it. She said this bill will clarify             
the intent of the original bill. She agreed with the sponsor that              
as the statute exists, there is nothing to prohibit premium                    
increases or cancellations in cases where minors lose their                    
licences for drinking unrelated to driving.                                    
                                                                               
CHAIRMAN TAYLOR asked MS. BURKE if the department supports the                 
legislation and she said that was correct.                                     
                                                                               
MR. JOHN GEORGE, representing the National Association of                      
Independent Insurers, commented that SB 158 as amended was much                
more palatable than the bill in it's original form. He said the                
association would reserve the right to underwrite based on things              
that may not be perceived as relating directly to driving an                   
automobile. Qualities like responsibility, maturity and tendency to            
drink may be useful factors for an insurance company to consider.              
MR. GEORGE said also that there exists another provision that                  
allows parents to exclude a problematic driver, He advises this is             
not a good idea and may expose the person to a high degree of risk             
if that driver drives anyway under any circumstances. He said it               
is, however, an out for people who do not want to pay higher                   
premiums.                                                                      
                                                                               
MR. MIKE LESSMEIER, representing State Farm, echoed the comments of            
MR. GEORGE and said also that insurance companies want to be able              
to consider this information, since sometimes, tendencies in a                 
person's behavior may transmit into an assessment factor for                   
driving. He agrees the bill has been narrowed and allows his                   
company to essentially do what they have been doing. He believed               
that  people should be underwritten based on the available                     
information in order to prevent one sector of the driving public               
from subsidizing another.                                                      
                                                                               
MS. JUANITA HENSLEY, Director of the Division of Motor Vehicles,               
supported the legislation. She recalled the debate in 1994 when the            
"use it - lose it" law was passed about the high risk insurance                
requirements and indicated that is why the bill included a                     
provision saying this high risk insurance could not be a condition             
of reinstatement of a driver's licence. She has had numerous                   
complaints over the last few years regarding this. Knowing the                 
legislative background on this issue, MS. HENSLEY approached                   
several insurance companies who advised her they could charge the              
high risk rates because they were not prohibited in Title 22.                  
                                                                               
SENATOR PARNELL disclosed that, in his law practice, he represents             
a national insurance company in some collection matters and asked              
to be allowed to abstain from voting. There was objection from                 
SENATOR MILLER.                                                                
                                                                               
SENATOR PARNELL commented that underwriting is all about risk                  
assessment and is commonly used by different types of insurance                
companies. He believes that minor consumption does say something               
about the risk that individual might pose. For that reason, he is              
less willing to say that a company can not increase a premium for              
a person that they have determined to be a higher risk. SENATOR                
PARNELL added he wants the company to be free to assess risk.                  
                                                                               
CHAIRMAN TAYLOR noted he was the first one to introduce a "use it -            
lose it" law but, being a minority member, was unable to make                  
progress with it. Later, another legislator advocated for the bill.            
He said at the time, the reason behind going after a driver's                  
licence was that driving is a privilege kids look forward to and it            
may have a significant impact on their drinking habits. CHAIRMAN               
TAYLOR said none of the legislators who worked on the bill thought             
it would provide an excuse for insurance companies to increase                 
family insurance rates. He mentioned that it took a few years after            
the passage of that bill before the insurance companies caught on              
that they could increase premiums in this back door manner.                    
                                                                               
CHAIRMAN TAYLOR asked what type of increases have been seen.                   
MARIANNE BURKE said she is unable to define them but can say they              
are industry-wide and she has seen this used as a reason for                   
cancellation of policies.                                                      
                                                                               
SENATOR PARNELL asked if the discussion was about raising premiums             
on families where kids are still driving and CHAIRMAN TAYLOR                   
clarified they were talking about raising premiums on families                 
where kids are not supposed to drive and may not even have the                 
right to apply for a licence. He said the bill has really been                 
narrowed down.                                                                 
                                                                               
CHAIRMAN TAYLOR expressed concern that the bill might have been                
narrowed too much. He said he was told by insurance brokers that               
anyone in his household is covered under his insurance policy as               
long as he grants them permission to drive his car. He wondered why            
he needed to purchase additional insurance for his kids or put them            
under his homeowner policy. CHAIRMAN TAYLOR said he was told they              
would be covered under his liability provision but not if they had             
stolen the car. CHAIRMAN TAYLOR said these kids can't get a                    
licence, and could never get insurance, yet their family still has             
to pay the penalty.                                                            
                                                                               
CHAIRMAN TAYLOR agreed with MR. LESSMEIER that certain tendencies              
may reflect in a person's conduct and stated he does not have a                
problem with that individual paying a higher premium, but does not             
feel the family should be punished.                                            
                                                                               
SENATOR MILLER moved CSSB 158(L&C) out of committee. Without                   
objection, it was so ordered and with no further business, the                 
committee was adjourned.                                                       
                                                                               
                                                                               

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