Legislature(1997 - 1998)

03/24/1997 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 95 - MOTOR VEHICLE INSURANCE & LICENSING                                    
                                                                               
CHAIRMAN JOE GREEN, Prime Sponsor of HB 95, invited his Legislative            
Secretary, Kristy Tibbles, to present comments on HB 95, "An Act               
relating to motor vehicle registration, licensing, and insurance;              
and providing for an effective date."                                          
                                                                               
Number 067                                                                     
                                                                               
KRISTY TIBBLES, Legislative Secretary to Representative Joe Green,             
explained that HB 95 would allow the Department of Public Safety to            
create and maintain an insured motorist identification data base               
for the purpose of verifying compliance with the Alaska mandatory              
motor vehicle insurance provisions.  She explained that the program            
would cross index drivers licenses and vehicle registrations with              
insurance policy records provided monthly by all insurance                     
companies doing business in the state of Alaska.  Ms. Tibbles                  
stated that with the data base, a statewide list of uninsured                  
motorists would be generated and warning letters would be mailed               
requiring motorists to provide proof of insurance, or to obtain                
insurance.                                                                     
                                                                               
MS. TIBBLES further stated that the data base would be available to            
peace officers which would allow them to electronically verify that            
a person had valid auto insurance.  She advised members that the               
Department of Public Safety would contract with a third party agent            
to establish the insured motorist identification data base, and                
would provide confidentiality of those records.  Ms. Tibbles stated            
that a provision of the bill prohibited public disclosure of                   
information in the data base.                                                  
                                                                               
MS. TIBBLES advised members that the cost to maintain the data base            
would be covered by a surcharge placed on all vehicle                          
registrations.  She noted that the uninsured motorist data base had            
had a significant impact on the insured motorist population in the             
state of Utah since its implementation in 1995.  Ms. Tibbles                   
pointed out that the statistical data demonstrated that Utah's                 
uninsured motorists populations had been reduced by 43 percent.                
                                                                               
MS. TIBBLES advised members that the Division of Motor Vehicles                
supported the proposed legislation because it would provide them               
with a tool to identify uninsured motorists.  She noted that the               
Alaska Peace Officers Association was also supportive of HB 95.                
                                                                               
Number 221                                                                     
                                                                               
REPRESENTATIVE ERIC CROFT asked if the state did not presently have            
authority to require motor vehicle insurance.                                  
                                                                               
MS. TIBBLES advised members that presently the state only required             
proof of insurance within 15 days after being involved in a motor              
vehicle accident.                                                              
                                                                               
REPRESENTATIVE BRIAN PORTER asked if the method of reporting would             
include the submission of information that the policy written met              
the minimum coverage requirements.                                             
                                                                               
MS. TIBBLES stated that to her understanding, that would be                    
correct.                                                                       
                                                                               
REPRESENTATIVE PORTER noted that a list of items that would be                 
included in the report were reflected on the bottom of page 1, and             
continued on page 2; however, he did not see any specific mention              
of a particular policy meeting minimum standards.                              
                                                                               
CHAIRMAN GREEN advised members that current law required minimum               
auto insurance coverage, and the concern expressed by                          
Representative Porter would be addressed during the hearing.                   
                                                                               
Number 360                                                                     
                                                                               
REPRESENTATIVE JAMES noted that after reviewing the fiscal note, it            
appeared as though the cost of the program was more than what the              
state expected to receive in revenues.  She stated that the revenue            
was based on a fee of $1 per vehicle registration, and felt that               
charge could be raised to $2.                                                  
                                                                               
MS. TIBBLES advised members that a work draft committee substitute,            
Version "K" had been crafted which raised the fee to $2.                       
                                                                               
CHAIRMAN GREEN entertained a motion to adopt draft CSHB 95(JUD),               
Version "K" as the committee's working document.                               
                                                                               
REPRESENTATIVE CON BUNDE moved to adopt CSHB 95(JUD), Version "K",             
dated 3/22/97.  There being no objection, CSHB 95(JUD) Version "K"             
was adopted.                                                                   
                                                                               
REPRESENTATIVE BUNDE stated with the raise in the fee from $1 to               
$2, it was his understanding it would make the revenue neutral.                
                                                                               
CHAIRMAN GREEN stated that that would be correct.                              
                                                                               
REPRESENTATIVE BERKOWITZ asked if the Utah experience displayed a              
reduction in insurance rates.                                                  
                                                                               
MS. TIBBLES advised members that it did decrease 43 percent.                   
                                                                               
REPRESENTATIVE BUNDE noted that some insurance companies had                   
expressed opposition to HB 95 and asked what their reasons were.               
                                                                               
MS. TIBBLES advised members that she thought insurance companies               
opposed the bill because it required them to report information on             
a monthly basis, and they were also concerned with the                         
confidentiality of their insurance records.  She pointed out that              
the bill required a third party contractor, and the insurance                  
companies were concerned with the third party having access to that            
information; however, a disclosure section was included in the                 
bill.                                                                          
                                                                               
REPRESENTATIVE BUNDE assumed insurance companies may have expressed            
the same concern in Utah, and asked if their concerns had been met.            
                                                                               
MS. TIBBLES advised members the Utah bill had been enacted, but                
could not respond to what concerns had been expressed by the                   
insurance companies.  She stated that insurance companies in Utah              
were reporting information.  Ms. Tibbles pointed out that other                
states that had implemented the program had done so just recently,             
so was hard to tell what their success rate had been.                          
                                                                               
CHAIRMAN GREEN asked that Juanita Hensley with the Division of                 
Motor Vehicles address the committee.                                          
                                                                               
JUANITA HENSLEY, Chief, Driver Services, Division of Motor                     
Vehicles, Department of Public Safety, advised members they were in            
support of HB 95 because they felt it provided a means of                      
accomplishing an efficiency measure for the division.  Ms. Hensley             
pointed out that the division currently suspended the drivers                  
license of anyone who was not insured at the point of being                    
involved in a motor vehicle accident if damages were in excess of              
$501.                                                                          
                                                                               
MS. HENSLEY stated that of those who were involved in a motor                  
vehicle accident during the past year, approximately 13 percent                
were uninsured.                                                                
                                                                               
MS. HENSLEY stated with respect to having a repealer clause, the               
department would suggest it be until at least the year 2003, or                
possible 2005.  She stated that going through the procurement                  
process and requesting bids from third party contractors to set up             
a third party data base was quite time consuming.  Ms. Hensley                 
advised members that the division would like to have the program               
implemented for three full years in order to determine whether it              
was working or not.                                                            
                                                                               
MS. HENSLEY advised members she would like to offer an amendment to            
Section 13, page 6, that would allow for a police officer to                   
verify, electronically, whether a person was covered by auto                   
insurance at the time a person was involved in a motor vehicle                 
crash, or cited for a moving violation.  Ms. Hensley pointed out               
that there was no language in Title 28 that would allow a police               
officer to cite a person if not insured, and felt that issue should            
be addressed.  She noted that the only provision in current law                
that provided for a penalty was after an accident had occurred,                
then the division could suspend the individual's drivers license.              
Ms. Hensley advised members that the division could request the                
troopers, or the district attorney to file a misdemeanor or felony             
charge against the individual if they signed their vehicle                     
registration form claiming they had auto insurance coverage when,              
in fact, they did not.                                                         
                                                                               
MS. HENSLEY advised members that the states of Colorado, Louisiana,            
Michigan and Arkansas had similar legislation pending.  She pointed            
out that the state of Connecticut used a third party vendor just               
like the state of Utah, and the states of Oregon, New York, Nevada             
and Florida had data base requirements.  Ms. Hensley did not know              
the percentage of reduced uninsured motorists in those states, or              
whether it had decreased premiums.                                             
                                                                               
Number 990                                                                     
                                                                               
REPRESENTATIVE JAMES advised members that she was under the                    
impression that the state of Alaska did not have a mandatory auto              
insurance law except if an accident had occurred.  She asked Ms.               
Hensley to explain what the current law provided for.                          
                                                                               
MS. HENSLEY advised members that current law states that if an                 
individual is involved in a motor vehicle accident, with $500                  
damage or more, the individual is required to submit proof to the              
division within 15 days of the accident that the vehicle was                   
insured.  Ms. Hensley pointed out that the law also required that              
at the time of registration the person must self-certify that the              
vehicle met the limits of liability under AS 28.22.  She expressed             
that a person could do that; however, there was no mechanism to                
assure that an individual was maintaining auto insurance, nor was              
there a means to verify that a person had insurance at the time the            
vehicle is registered with the division.                                       
                                                                               
REPRESENTATIVE JAMES asked if auto insurance was mandatory, would              
it be available to everyone in the state, such as an individual                
with a prior driving record.  She was concerned whether a person               
could be denied insurance, for what ever reason, and felt there                
should be some type of insurance pool available in order to comply             
with the law.                                                                  
                                                                               
Number 1182                                                                    
                                                                               
MS. HENSLEY could not speak specifically to that; however, advised             
members there was a provision in Alaska Statute that allows an                 
individual to be placed in a pool and insurance companies would be             
required to insure those people.  She reiterated that the state, at            
the present time, had no means to verify whether an individual had             
auto insurance or not, and the proposed legislation would allow for            
electronic verification of insurance at the time an individual                 
registered his/her vehicle.  Ms. Hensley pointed out that if the               
division could not verify insurance coverage through the data base,            
they would refuse to register the vehicle until the person could               
show proof of insurance.                                                       
                                                                               
REPRESENTATIVE JAMES advised members that she could understand the             
concern of the insurance companies with respect to the reporting               
requirements.  She noted; however, that if a policy were cancelled,            
the division would not be aware of that until the next reporting               
date.                                                                          
                                                                               
CHAIRMAN GREEN pointed out that the proposed legislation addressed             
that situation.                                                                
                                                                               
REPRESENTATIVE JAMES stated that the current law was weak and felt             
it should be made perfectly clear that auto insurance was mandatory            
in the state of Alaska.                                                        
                                                                               
MS. HENSLEY advised members that the limits of liability insurance             
in Alaska were fairly low compared to other states.                            
                                                                               
Number 1425                                                                    
                                                                               
REPRESENTATIVE BUNDE noted that 13 percent of Alaskans were assumed            
to not carry auto insurance and the present time, and he felt that             
percentage would decrease if the proposed legislation were enacted.            
He stated that there had been testimony that reflected insurance               
rates had decreased because of such a law, and asked the reason for            
the decrease in insurance premiums.                                            
                                                                               
MS. HENSLEY could not answer that question, although would find out            
and report back to him.                                                        
                                                                               
REPRESENTATIVE BERKOWITZ stated that he was concerned that if the              
proposed legislation were enacted it would have an effect on public            
safety enforcement, as well as the Department of Corrections.                  
                                                                               
MS. HENSLEY did not see how it would impact public safety or                   
corrections.  She stated that presently 13 percent of individuals              
involved in motor vehicle accidents were not insured and she was               
responsible for suspending the drivers license of those                        
individuals.  Ms. Hensley pointed out that if HB 95 were enacted,              
there would be fewer suspensions and more people would be insured.             
                                                                               
REPRESENTATIVE BERKOWITZ felt they would be faced with the same                
problem the state currently had regarding the overall crime rate.              
He noted that even though the overall crime rate had declined, the             
state was arresting more people which increased the rate of                    
incarceration.  Representative Berkowitz stated that it would                  
involve a cost component because it would be easier for a charge to            
be made immediately because of the electronic verification process,            
and ultimately it would result in a court proceeding and jail time.            
                                                                               
Number 1638                                                                    
                                                                               
REPRESENTATIVE PORTER asked if the law was basically where it was              
eight or 10 years ago regarding financial responsibility.                      
                                                                               
MS. HENSLEY advised members the division was not administering the             
financial responsibility law at all, with the exception of                     
requiring an individual to file and show proof of SR 22 insurance              
after their license had been suspended.  She noted that the program            
was eliminated the previous year through budget cuts, and the                  
Division of Motor Vehicles lost four positions that administered               
that program.                                                                  
                                                                               
REPRESENTATIVE PORTER stated that there was a mandatory insurance              
law that required an individual to indicate they have insurance at             
the time they register their vehicle, and asked if the law required            
a person to maintain that coverage.                                            
                                                                               
MS. HENSLEY advised members that the law required a person to show             
proof of insurance after the fact; 15 days after being involved in             
a motor vehicle accident.                                                      
                                                                               
REPRESENTATIVE PORTER stated that assuming a person would be                   
concerned about falsifying a record and they did, in fact, have                
insurance at the time they so stated on their registration form,               
and then immediately cancelled their insurance, there was not a                
law, to his knowledge, that would require the person to maintain               
their insurance.                                                               
                                                                               
MS. HENSLEY stated that that would be correct.                                 
                                                                               
REPRESENTATIVE PORTER asked what type of information would be                  
reported by the officer.                                                       
                                                                               
MS. HENSLEY advised members that was a grey area that she pointed              
out because she felt it needed to be addressed.                                
                                                                               
Number 1754                                                                    
                                                                               
REPRESENTATIVE ROKEBERG referred to the present requirement for                
insurance certification and proof after the fact, that there would             
be $50,000 cap for any one individual injured.                                 
                                                                               
MS. HENSLEY advised members that it was $25,000 for a single                   
injury, $50,000 for a single death, and $100,000 for multiple.                 
                                                                               
Number 1804                                                                    
                                                                               
JOHN GEORGE, representing the National Association of Independent              
Insurers (NAII), advised members that NAII was a trade organization            
of property and casualty insurance companies who represent                     
approximately 50 percent of all automobile insurance written in the            
state of Alaska with Allstate being the largest company and a                  
number of other companies.                                                     
                                                                               
MR. GEORGE advised members that the NAII wished the solution to                
uninsured drivers was as simple as the bill purported it to be.  He            
stated that there were a number of things that really concerned the            
auto insurance industry, as well as some real misstatements of                 
fact.                                                                          
                                                                               
MR. GEORGE stated that according to the Division of Motor vehicles,            
the state had a 13 percent uninsured rate.  He noted that if                   
members were to look across the nation, most states would be very              
happy if only 13 percent of their driving population was uninsured.            
He was not sure what the rate was in Utah, although he would be                
interested in finding out and would bet it was not below 13                    
percent.  Mr. George pointed out that the state of Utah did not                
actually audit the program, but the contractor audits their own                
program and it was their figures that would reflect a reduction in             
the number of uninsured motorists.  Mr. George pointed out that the            
proposed legislation reflects that the state "may" audit the                   
contractor, and the NAII would like to see an audit required, if               
enacted into law.                                                              
                                                                               
MR. GEORGE advised members that the NAII felt the numbers coming               
out of Utah were questionable for a number of reasons.  He stated              
that it was his understanding that the vendor in that state was a              
sole source vendor who came up with the idea and presented it to               
the state of Utah.  That vendor got the sole source contract, and              
also reported the data, which appeared somewhat "fishy" to the                 
NAII.                                                                          
                                                                               
MR. GEORGE advised members that the USAA, a member company of the              
NAII, reported that it cost them approximately $6 per policy to                
gather the data and report it to the third party contractor in                 
Utah.  He noted that that was in addition to the fee that would be             
charged to the person when they registered their vehicle, and under            
HB 95 that would result in $8 per vehicle.  Mr. George expressed               
that he had three vehicles so that would amount to approximately               
$25 that he would have to pay to make sure the 13 percent would get            
caught.  He stated that there were many people in the state of                 
Alaska who refuse to buy insurance, and would find a way around it.            
                                                                               
MR. GEORGE pointed out that the NAII had found that the most                   
significant number of people who did not have auto insurance was               
because of the cost of insurance.  He stated that raising the cost             
of insurance would not help those people at all.  Mr. George                   
advised members he did not know how to help those people, although             
there was an assigned risk plan where everyone who could afford                
insurance could get insurance.  He added that insurance was                    
mandated and therefore, the insurance industry had been put upon to            
provide that insurance.  Mr. George explained that there was a pool            
that all companies that write auto insurance had to participate in,            
and even if the courts failed to revoke someone's license, if an               
individual has a drivers license they would be entitled to buy                 
insurance.                                                                     
                                                                               
MR. GEORGE expressed that there would be people who could not                  
afford insurance, and if caught, they would be without the means to            
transport themselves to work, day care, et cetera.  He stated that             
that was a social problem and did not know how that could be                   
addressed.  Mr. George agreed that those people should have                    
insurance, noting that when they registered their vehicle they                 
swore under penalty of perjury that they had insurance and would               
maintain it.  He noted that there were not a lot of people getting             
prosecuted for perjury who could be put in jail, but the state did             
not because it does not make sense and was not cost effective.                 
                                                                               
MR. GEORGE advised members that the issue of confidentiality of                
insurance records was very important to insurance companies.  He               
noted that insurance companies have information on policy                      
expiration dates and if a competing insurance company acquired, in             
some manner, a list of those names and expiration dates, the                   
competing company could solicit those people to hopefully write                
some of those policies.  Mr. George agreed that the bill provided              
for confidentiality, as did the state of Utah; however, he could               
certify to committee members that USAA received a letter in their              
mail one day that was a complete data base of a competitor sent in             
error.  Confidentiality sounded good in theory, but in practice it             
had not worked in Utah.                                                        
                                                                               
Number 2052                                                                    
                                                                               
MR. GEORGE pointed out that there were people who like to break                
into computers, for one reason or another, and insurance companies             
had spent a great deal of time and effort attempting to keep their             
records secure.  He stressed the fact that the insurance company               
would not have a handle on the third party contractor.                         
                                                                               
MR. GEORGE stated with respect to the $2 charge per vehicle                    
registration, and the $6 cost the insurance companies would realize            
because of the need to report the information, was what he termed              
a tax.  Mr. George advised members if they were going to pass HB 95            
it should include a strong enforcement and penalty provision in                
order to get rid of the uninsured motorist.                                    
                                                                               
MR. GEORGE advised members that the NAII was in support of the idea            
that if people were going to sign their vehicle registration under             
penalty of perjury that they had insurance that they better have               
insurance.  He noted that the NAII did not believe HB 95 was a way             
of accomplishing that.  Mr. George reiterated that the 13 percent              
figure was just not all that bad, but actually a fairly low                    
percentage.                                                                    
                                                                               
MR. GEORGE pointed out that in some rural areas there were a lot of            
people that did not even register their vehicles, did not have                 
drivers licenses or license plates, yet drive with impunity.  He               
felt if the greater population was going to be enforced, it should             
include everyone in the state.                                                 
                                                                               
Number 2160                                                                    
                                                                               
CHAIRMAN GREEN asked if what Mr. George was saying was that it                 
would be better not to charge people a small amount in an attempt              
to reduce the number of uninsured motorists, and allow the                     
uninsured motorist to go.                                                      
                                                                               
MR. GEORGE noted that when purchasing uninsured motorist coverage,             
you would be essentially buying liability coverage for the other               
person, and if the uninsured motorist was liable for damages, it               
was his understanding the individual's uninsured motorist insurance            
would pay for the damages caused by an individual who did not have             
liability insurance.                                                           
                                                                               
MR. GEORGE pointed out that if the reason 13 percent did not carry             
insurance was because of the cost, tacking on an additional cost               
would not resolve that problem.                                                
                                                                               
CHAIRMAN GREEN pointed out that the additional costs, through fees             
of $2 and $6 would amount to approximately the same as registering             
three cars, or equivalent, possibly, to one tank of gas.                       
                                                                               
MR. GEORGE advised members if an individual was not presently able             
to afford insurance, the additional costs would not make it more               
affordable.  He noted, however, that those people might be able to             
afford insurance if they gave something else up, and maybe that was            
what they were being asked to do.                                              
                                                                               
CHAIRMAN GREEN stated that when he was young and just out of school            
working in the oil patch, he asked the head of the insurance                   
department in that company how much insurance he should carry, and             
the response he got was, "You need the most insurance when you can             
least afford it."  Chairman Green was suggesting the same sort of              
thing.  He pointed out that it was a privilege to drive and people             
should have to cover their own responsibilities.                               
                                                                               
MR. GEORGE expressed that the other side of that would be to do                
something drastic like no-fault insurance where a person buys                  
insurance to cover themselves only, and if a person did not buy it,            
they could not collect.  He noted that that was an idea that had               
been considered in Alaska a number of years ago, unsuccessfully;               
however, with that type of insurance a person would not care if                
others had insurance because they were insuring themselves.                    
                                                                               
Number 2392                                                                    
                                                                               
REPRESENTATIVE CROFT referred to the cost figures whereby the state            
of Alaska could impose a fee of $2 that would allow for contracting            
with an outside agency, create a data base, update that data base,             
with the police department having access to that data base readily,            
and the insurance company claims it would cost them $6 per policy              
because of reporting requirements.                                             
                                                                               
MR. GEORGE stated that the $6 number was given him by USAA as their            
average cost for reporting requirements.  He expressed that the                
insurance companies had the data captured; however, it was a matter            
of sorting out what data they would report, which would be to make             
sure they have the right name, the right policy number, the VIN                
number, the expiration date.  It would be extremely important to               
report accurate information; people have multiple cars, vehicles               
are bought and sold, et cetera.                                                
                                                                               
CHAIRMAN GREEN felt Mr. George may want to verify the $6 cost to               
insurance companies because it did appear somewhat                             
disproportionate.                                                              
                                                                               
TAPE 97-45, SIDE B                                                             
Number 000                                                                     
                                                                               
REPRESENTATIVE BERKOWITZ stated if someone was driving without                 
insurance they would actually be driving without a valid license,              
and would also be guilty of unsworn falsification, at the very                 
least, which were two misdemeanors.  He was curious as to how Mr.              
George arrived at the conclusion that there was no teeth in the                
law.                                                                           
                                                                               
MR. GEORGE responded that the fact that there were numerous people             
driving with a suspended license, not being prosecuted for perjury,            
and essentially doing it with some immunity, that the problem was              
not being solved.  He felt if there was significant enforcement,               
that would be the deterrent and people would stop driving with                 
suspended licenses; however, that did not seem to be the case.  Mr.            
George noted that 13 percent of the driving population swear that              
they have insurance and would maintain it, but they do not.  Mr.               
George stated that if there was teeth in the law there was a means             
to get to that 13 percent, but the state had not.                              
                                                                               
REPRESENTATIVE BERKOWITZ expressed that, "it was not that the dog              
did not have teeth, it's just that we've got it on too tight of a              
leash."  He felt sure that Dean Guaneli, Chief Assistant Attorney              
General, would state that if there were adequate resources, the                
Department of Law would go after those offenders, and                          
Representative Porter would state that the police departments, if              
they had adequate resources, would also pursue individuals                     
operating a motor vehicle illegally.  Representative Berkowitz                 
pointed out that it was not a question of "lack of teeth" in the               
law, but a lack of enforcement because of the lack of funds.                   
                                                                               
MR. GEORGE felt that was an outstanding point; however, expressed              
that he did not see a lot of money being funded under HB 95 for                
enforcement purposes.  He asked what was being done that was                   
different in enforcement with HB 95, than what was being done                  
without it.                                                                    
                                                                               
CHAIRMAN GREEN advised members that he had intended on moving on to            
HB 131 relating to the advisory vote on the death penalty at 2:00;             
however, because they got a late start, he would extend that until             
2:15.  He would take several more questions before moving on to                
that bill.                                                                     
                                                                               
Number 129                                                                     
                                                                               
REPRESENTATIVE ROKEBERG asked Mr. George if the firms he                       
represented would consider that the state of Alaska required                   
mandatory auto liability insurance.                                            
                                                                               
MR. GEORGE advised members that the law was clear on the issue of              
mandatory auto insurance, and the insurance companies he                       
represented were clearly mandated to participate in the assigned               
risk plan to make insurance available to anyone that seeks                     
insurance, so yes, they would say it was mandatory.                            
                                                                               
REPRESENTATIVE ROKEBERG asked if it was not true that financial                
institutions who provide financing for automobiles require the                 
borrower to have insurance and the insurance companies report to               
the financing institution.                                                     
                                                                               
MR. GEORGE agreed that there were vehicles that were financed and              
insurance is required by the financial institution, but generally              
insurance companies, through the agent, provide a certificate of               
insurance verifying insurance coverage.                                        
                                                                               
REPRESENTATIVE ROKEBERG pointed out that the lender was named as               
the additional insured and asked if it would not be necessary to               
inform them if a policy had been cancelled.                                    
                                                                               
MR. GEORGE advised members that it was generally a requirement in              
the insurance certificate that says they would notify, or attempt              
to notify the lender.                                                          
                                                                               
REPRESENTATIVE ROKEBERG felt that HB 95 was just taking that                   
process one step further, and believed the system should be in                 
place because of the relationship with financial institutions.                 
                                                                               
REPRESENTATIVE PORTER advised members that he was having a                     
difficult time convincing himself that the state had a mandatory               
insurance requirement.  He referred to AS 28.22.011, which stated,             
"The operator of a motor vehicle subject to registration must have             
'this kind of insurance' unless"... and pointed out that the                   
biggest "unless" in the world was the operator had not been cited              
within the preceding five years for traffic violations.                        
Representative Porter advised members that if someone had not had              
a ticket within the last five years, they would not be required to             
have insurance, was how he read the law.                                       
                                                                               
MR. GEORGE pointed out that there were two laws that applied; one              
was a financial responsibility law, which he thought was what                  
Representative Porter may have referred to.  He stated that there              
was also a mandatory auto insurance provision that required each               
vehicle to be insured.                                                         
                                                                               
REPRESENTATIVE PORTER expressed that it would be interesting for               
the committee to know what states had what form of insurance                   
requirements.  He asked if Mr. George would have that information              
available.                                                                     
                                                                               
MR. GEORGE responded that between himself and the Division of Motor            
Vehicles, they could provide that information.                                 
                                                                               
Number 334                                                                     
                                                                               
MICHAEL LESSMEIER, representing State Farm Insurance, pointed out              
that Alaska had a mandatory insurance requirement of $50,000 per               
person, $100,000 per instant and $25,000, and felt Ms. Hensley                 
might have referred to the old law, which was a complicated area               
and easy to do.                                                                
                                                                               
MR. LESSMEIER advised members that he had submitted a copy of                  
testimony he had provided in 1983 and encouraged members to read it            
because the problem being discussed was not a new problem.  He                 
stated that the very policy issues the insurance industry was                  
concerned about in 1983 when deciding what form of mandatory                   
insurance to adopt, were raised again by HB 95.                                
                                                                               
MR. LESSMEIER explained that in 1983 and 1984 the state adopted a              
form of mandatory insurance that at that time had two points of                
proof.  He noted that it was debated in many committees, the issue             
of what would be required of insurers every time there was a                   
cancellation to notify the state.  Mr. Lessmeier recalled that one             
of the companies he represented sent out approximately 2000                    
cancellation notices every month; however, only canceled a few                 
policies.  Rather than get involved in a huge paper war, what the              
legislature chose to do in 1984 was to adopt a more simplified form            
of mandatory insurance that required proof of insurance at two                 
points.                                                                        
                                                                               
MR. LESSMEIER expressed that the two points were random, of which              
one required certification of insurance when registering a motor               
vehicle.  He pointed out that the reason the legislature did that              
was because it was an inexpensive way of doing it, and no one could            
really tell when they would be cited, nor could anyone tell when               
they might be involved in an automobile accident, which was the                
other point of proof.  That was adopted in 1984 and that scheme had            
worked relatively well over the years except that it had been                  
changed.                                                                       
                                                                               
MR. LESSMEIER pointed out that one of the points of proof had been             
removed, and also one of the enforcement mechanisms that had been              
in existence since statehood had been taken away, which was the                
Motor Vehicle Safety Responsibility Act.  That Act stated that if              
an individual's vehicle was hit by someone and that person was not             
financially responsible, the individual who was hit could go to the            
Division of Motor Vehicles and the person's license would either be            
suspended or would not be given back until adequate arrangements               
were made to pay the individual whose vehicle was damaged.  That               
was one of the reasons he felt everyone was frustrated in terms of             
what was happening.                                                            
                                                                               
MR. LESSMEIER pointed out that the question members would have to              
decide was if the benefit they hoped to achieve, was worth the                 
cost.  He expressed that there was also a third part to the                    
previous program that mandated offers of uninsured and under-                  
insured motorist coverage, which was the recognition of the fact               
that no matter what the state did, or how much money would be spent            
on enforcement, there would always be a certain percentage of                  
people who could not afford that insurance, they would not purchase            
it, and the state could spend a significant amount of dollars, and             
would still not affect that portion of the uninsured population.               
                                                                               
MR. LESSMEIER also expressed that the same idea outlined in HB 95              
had come up in approximately 15 other states, and it was his belief            
that only one state had adopted it.                                            
                                                                               
MR. LESSMEIER felt if members wished to accomplish what was                    
provided in HB 95, it would be necessary to establish a mechanism              
to determine if the program was working.  He noted that was one of             
the reasons why State Farm suggested, in a letter to Representative            
Green, that an independent audit provision be included in the                  
proposed legislation.                                                          
                                                                               
MR. LESSMEIER stated that it would also be necessary to consider               
the enforcement aspect of the proposed legislation.  He advised                
members if the program were to pass without enforcement, it would              
not do any good.  Mr. Lessmeier advised members that right now the             
state could require public safety officials to check for proof of              
insurance when they pull someone over for a moving violation.                  
                                                                               
MR. LESSMEIER advised members that he felt the proposed legislation            
was an attempt to solve what was a difficult problem; however, felt            
that philosophically it was the wrong approach, and thought the                
legislature ought to consider the available tools that currently               
existed.                                                                       
                                                                               
CHAIRMAN GREEN pointed out that time was running out and one other             
person had signed up to testify and asked that Mr. Lessmeier come              
back and present comments when the bill is once again before the               
committee.                                                                     
                                                                               
Number 651                                                                     
                                                                               
JOSEPH YOUNG, retired and speaking on his own behalf, testified in             
favor of HB 95.  He stated that of the nine people who had crashed             
into his car, or his wife's car, six were not insured.  He felt                
that current law did not work because there was no real                        
consequence.  Mr. Young did not agree with the idea that just                  
because people would violate the law that it should be given up.               
                                                                               
MR. YOUNG advised members that he got his first car at age 17 and              
working a job that paid $200 per month.  He stated that he had                 
insurance for that car and had carried insurance on every car that             
he had driven since because he felt it was one's responsibility to             
do so.                                                                         
                                                                               
MR. YOUNG advised members that the last accident where someone                 
crashed into him he did not report because the individual did not              
have insurance, and given the number of incidents he had reported              
in the prior two years, if he reported that one, he would have had             
to pay the deductible and his insurance rates would have increased.            
                                                                               
MR. YOUNG stated that with the last incident he reported to the                
police, the driver of the other vehicle lied to the officer by                 
stating that he had insurance, when in fact, he did not.  He                   
advised members he was in favor of HB 95 and felt the 13 percent               
figure was too high.                                                           
                                                                               
CHAIRMAN GREEN closed testimony on HB 95 until brought before the              
committee at a later date.                                                     
                                                                               

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