Legislature(1995 - 1996)
1995-05-08 House Journal
Full Journal pdf1995-05-08 House Journal Page 1978 SB 53 The following, which had been held in second reading until today's calendar (page 1954), was again before the House: CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance 1995-05-08 House Journal Page 1979 SB 53 coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) "An Act relating to consumer credit insurance; to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member 1995-05-08 House Journal Page 1980 SB 53 insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; requiring that insurers appoint independent counsel for an insured when certain conflicts of interest arise; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representatives Grussendorf and Hanley was noted. Amendment No. 1 was not offered. Representative Vezey moved and asked unanimous consent that HCSCSSB53(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would waive reading the title of HCS CSSB 53(L&C) for the third time. A Title Amendment was offered by Representative Kott: Page 1, line 1 through page 2, line 13: Delete all material. Insert "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Representative Kott moved and asked unanimous consent that the Title Amendment be adopted. Objection was heard. The question being: "Shall the Title Amendment be adopted?" The roll was taken with the following result: 1995-05-08 House Journal Page 1981 SB 53 HCS CSSB 53(L&C) Third Reading Title Amendment YEAS: 34 NAYS: 3 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brown, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Davies, Finkelstein Absent: Barnes, Hanley, MacLean And so, the Title Amendment was adopted and the Chief Clerk was instructed to read the new title as follows: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C)(title am H) "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." **The presence of Representative MacLean was noted. Representative Davies moved and asked unanimous consent that HCS CSSB 53(L&C)(title am H) be returned to second reading for the specific purpose of considering Amendment No. 2. Representative MacLean objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 2 was offered by Representatives Davies and Kott: Page 68, line 27: Delete "subject" Insert "general subject area" 1995-05-08 House Journal Page 1982 SB 53 Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: "Shall HCSCSSB53(L&C) am H pass the House?" The roll was taken with the following result: HCS CSSB 53(L&C) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes, Moses, Nicholia, Sanders And so, HCS CSSB 53(L&C) am H passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. Representative Davies gave notice of reconsideration of his vote on HCS CSSB 53(L&C) am H.