Legislature(2025 - 2026)BARNES 124

04/04/2025 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 148 OMNIBUS INSURANCE BILL TELECONFERENCED
Heard & Held
+= HB 60 PROCURE PREF: AGRIC. & FISH PRODUCTS TELECONFERENCED
Heard & Held
                 HB 148-OMNIBUS INSURANCE BILL                                                                              
                                                                                                                                
3:19:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL  announced that the  first order of  business would                                                               
be  HOUSE  BILL NO.  148,  "An  Act  relating to  insurance;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:20:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  which  provisions of  HB 148  were                                                               
absolutely  necessary  and  what  might happen  if  the  proposed                                                               
legislation was not passed.                                                                                                     
                                                                                                                                
3:20:36 PM                                                                                                                    
                                                                                                                                
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce, Community & Economic  Development (DCCED), replied that                                                               
there are a  few sections related to the  Division of Insurance's                                                               
accreditation.   She explained  that the  division was  judged on                                                               
how well it examined the  financial status of insurance companies                                                               
in  line  with the  55  other  jurisdictions under  the  National                                                               
Association  of  Insurance  Commissioners (NAIC).    She  further                                                               
explained that  accreditation means that companies  in Alaska can                                                               
do business in  other states with the security of  solvency.  She                                                               
stated that the  division must meet or  exceed national standards                                                               
to  retain  accreditation.   She  repeated  that there  are  some                                                               
sections  in the  proposed legislation  that  address updates  to                                                               
accreditation standards.                                                                                                        
                                                                                                                                
MS. WING-HEIER further  stated that there are  some provisions of                                                               
HB 148 regarding licensing updates  for efficiency and noted that                                                               
the  division was  not licensing  people that  "should have  been                                                               
licensed."   She  noted that  there  were quite  a few  technical                                                               
changes in  the proposed  legislation as  well to  correct Alaska                                                               
Statute  (AS).   She stated  that were  HB 148  not to  pass, the                                                               
division would  request it again  as the proposed fixes  to Title                                                               
21 are  important.  She  surmised that barring  the accreditation                                                               
standards, no  one section of  the proposed legislation  was more                                                               
important  than the  other.   She stated  that the  staff at  the                                                               
division felt that  the proposed legislation was  necessary to be                                                               
more efficient  and more effective  at protecting consumers.   In                                                               
response to a  follow-up question, she identified  Sections 4, 5,                                                               
8, 9, 10, and 11 as dealing with accreditation standards.                                                                       
                                                                                                                                
3:23:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE  referring to  the sectional  analysis of                                                               
HB 148,  citing "to  align with  NAIC model  law 786,"  and asked                                                               
whether this section had to do with accreditation.                                                                              
                                                                                                                                
MS. WING-HEIER  replied that  the reason for  model law  was that                                                               
insurance companies would  like to see that the  laws are similar                                                               
or identical  across all 50  states.   She stated that  NAIC does                                                               
spend time adopting model laws,  and that it functioned similarly                                                               
to  the  legislature.    She further  stated  that  the  National                                                               
Council of  Insurance Legislatures (NCOIL) functions  in the same                                                               
way.  She noted that model law 786 refers to a licensing bill.                                                                  
                                                                                                                                
3:25:07 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:25 p.m.                                                                                 
                                                                                                                                
3:25:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK noted  there  was  concern regarding  the                                                               
controlled insurance programs (CIPs)  that would restrict the use                                                               
of CIPs to projects valued at $50 million or more.                                                                              
                                                                                                                                
MS. WING-HEIER reported that many  years ago, the State of Alaska                                                               
was in  a lawsuit with  Alyeska Resort, and the  current statutes                                                               
are  a  result of  that  lawsuit.    She explained  that  current                                                               
statues   require  that   an   owner-  or   contractor-controlled                                                               
insurance   program   must   be   approved   by   the   division.                                                               
Additionally,  it  must  be  over  $50  million  dollars  with  a                                                               
definitive length of time and  location.  She explained that CIPs                                                               
were  purchased by  either the  owner  or contractor  of a  major                                                               
project,  which buys  all of  the  insurance, including  workers'                                                               
compensation,  general  liability,  equipment, et  cetera.    She                                                               
noted it was money-saving for  large projects.  She reported that                                                               
a  few years  ago,  she  was told  that  the  division could  not                                                               
approve CIPs because current AS, as  a result of the lawsuit with                                                               
Alyeska, was not written correctly.   She offered her belief that                                                               
it  was not  the  intent  of the  court  case  to prohibit  CIPs;                                                               
rather,  statute declared  that  there could  not be  "additional                                                               
insured."  She explained that  the division corrected the statute                                                               
to allow  additional insured to  correct what it believed  was an                                                               
error when the statute was first passed.                                                                                        
                                                                                                                                
MS.  WING-HEIER stated  that there  was an  amendment for  multi-                                                               
residential projects  floating around  the Capitol  building that                                                               
had passed  in the  other legislative body.   She  explained that                                                               
the  amendment allowed  CIPs at  a lesser  limit of  $25 million,                                                               
with  a requirement  of  at least  50 units  and  at least  three                                                               
owners.  She  commented that the division felt  the lesser limits                                                               
of  $5  million  or  $10  million  were  too  low  for  insurance                                                               
companies.                                                                                                                      
                                                                                                                                
3:29:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK asked  whether the  revised threshold  of                                                               
$25 million was too low.                                                                                                        
                                                                                                                                
MS. WING-HEIER opined that $25  million was a fair compromise and                                                               
noted the division was satisfied.                                                                                               
                                                                                                                                
3:29:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BURKE referred to Section  6 and Section 62 of the                                                               
proposed  legislation where  wet marine  transportation contracts                                                               
were previously excluded.  She  queried the justification for the                                                               
prior exclusion, citing  "the State of Alaska  is losing $300,000                                                               
in tax revenue."                                                                                                                
                                                                                                                                
MS. WING-HEIER replied  that she did not know why  the wet marine                                                               
transportation  contracts were  given an  exclusion, but  it goes                                                               
back years.                                                                                                                     
                                                                                                                                
3:31:02 PM                                                                                                                    
                                                                                                                                
HEATHER  CARPENTER,  Deputy   Director,  Division  of  Insurance,                                                               
Department  of   Commerce,  Community  &   Economic  Development,                                                               
replied that she had provided  a written answer to Representative                                                               
Burke's question earlier in the week.                                                                                           
                                                                                                                                
3:31:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER reiterated that  $5 million or $10 million                                                               
CIPs were too  low and asked who, business or  insurers, would be                                                               
driven out of business.                                                                                                         
                                                                                                                                
MS. WING-HEIER  clarified that it  would not drive  companies out                                                               
of business or drive businesses  out of Alaska but explained that                                                               
the  division was  concerned about  too much  payroll or  revenue                                                               
being taken from  small contractors with numbers  like $5 million                                                               
or $10 million.  She  noted that insurance companies have minimum                                                               
premiums,  and small  contractors may  have a  hard time  finding                                                               
someone to write their insurance  with numbers like $5 million or                                                               
$10 million.                                                                                                                    
                                                                                                                                
3:32:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL referred to Section  53 of the proposed legislation                                                               
describing depreciation  of labor  and asked why  depreciation of                                                               
labor was allowed in the first place.                                                                                           
                                                                                                                                
MS. WING-HEIER  answered that  she missed it  in a  few insurance                                                               
policy forms stating  that there would be  depreciation of labor.                                                               
She reported that the division  received complaints and talked to                                                               
colleagues in  other states  and found  that states  are adopting                                                               
measures to address  the depreciation of labor.   She stated that                                                               
when   taken  out   completely,   the   division  received   some                                                               
resistance.  She  further stated that the division  settled on an                                                               
amendment  that  would  allow  for  conditional  depreciation  of                                                               
labor.  She  explained that an individual can  choose to purchase                                                               
an insurance policy with labor depreciation to save money.                                                                      
                                                                                                                                
3:34:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  confirmed   that  under   the  proposed                                                               
legislation, an individual could lower  their premium by taking a                                                               
higher deductible or lower coverage  limits.  He surmised that an                                                               
individual could  take "a  little hit"  to make  [insurance] more                                                               
affordable.                                                                                                                     
                                                                                                                                
MS. WING-HEIER confirmed that was correct.                                                                                      
                                                                                                                                
3:34:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL  referred to Section 58  of HB 148 and  queried the                                                               
history of health maintenance organizations (HMOs).                                                                             
                                                                                                                                
MS. WING-HEIER  replied that  the division  has allowed  HMOs for                                                               
years.  She explained that HMOs  are managed care, and because of                                                               
the  high cost  of healthcare,  the division  allowed HMOs  as an                                                               
option for employers to purchase if it would reduce costs.                                                                      
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  there were other amendments                                                               
or  policy additions  that existed  for consideration  that might                                                               
affect the proposed legislation.                                                                                                
                                                                                                                                
MS.  WING-HEIER replied  that the  Senate version  of HB  148 had                                                               
passed  out  of  one  committee   in  the  other  body  with  two                                                               
amendments regarding the depreciation of  labor and the change to                                                               
owner-controlled  insurance programs.   She  stated that  she had                                                               
not seen any other amendments or policy additions.                                                                              
                                                                                                                                
REPRESENTATIVE  SADDLER  commented  that  he had  heard  talk  of                                                               
trying to repeal  the 80th percentile rule and  thanked Ms. Wing-                                                               
Heier.                                                                                                                          
                                                                                                                                
3:37:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL thanked the invited testifiers.                                                                                   
                                                                                                                                
[HB 148 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB148 Additional Document - DOI Response to HLC 4.2.25.pdf HL&C 4/4/2025 3:15:00 PM
HL&C 4/23/2025 9:00:00 AM
HB 148