Legislature(2013 - 2014)BARNES 124

04/15/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 156 DIRECT-ENTRY MIDWIVES TELECONFERENCED
Moved Out of Committee
+ SB 166 BOARD OF NURSING; NURSES TELECONFERENCED
Moved Out of Committee
+ SB 167 MULTIPLE VEHICLE INSURANCE POLICIES TELECONFERENCED
Moved Out of Committee
+ SB 183 EXTEND EMERGING ENERGY TECHNOLOGY FUND TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB 167-MULTIPLE VEHICLE INSURANCE POLICIES                                                                       
                                                                                                                                
4:36:29 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
SENATE BILL  NO. 167, "An Act  relating to the maximum  amount of                                                               
uninsured and underinsured coverage  payable under multiple motor                                                               
vehicle  insurance policies  issued by  the same  insurer in  the                                                               
same household."                                                                                                                
                                                                                                                                
4:36:38 PM                                                                                                                    
                                                                                                                                
ASHTON  COMPTON, Staff,  Senator  Charlie  Huggins, Alaska  State                                                               
Legislature, stated that SB 167  corrects a drafting oversight in                                                               
Alaska  law  that  creates  an  unintended  loophole  harmful  to                                                               
consumers of  Uninsured/Underinsured Motorist  (U/UIM) insurance.                                                               
In 1984,  when the legislature created  U/UIM insurance coverage,                                                               
it precluded restricting the combining  or "stacking" of multiple                                                               
U/UIM coverage.   In 1990,  the legislature revised  the statutes                                                               
to provide for  expanded coverage in consumer choice.   This made                                                               
it easier for consumers to  choose predictable levels of coverage                                                               
and  reaffirm   that  "stackable"  coverage  is   not  permitted.                                                               
Unfortunately,  language adopted  in 1990  created an  unintended                                                               
loophole  that  does  not   consistently  accomplish  the  stated                                                               
purpose.    Under  the  language, if  the  consumer  insures  the                                                               
vehicles under separate policies  from the same insurer, stacking                                                               
is precluded only  for the "named insured"  - ironically allowing                                                               
all  the other  coverage to  be  stacked for  all other  persons.                                                               
There is no  logical reason for this discrepancy.   It needlessly                                                               
forces the consumer  to pay for "stackable" coverage  that is not                                                               
desired and their choices are limited.                                                                                          
                                                                                                                                
MS. COMPTON referred  to a graph in members'  packets that should                                                               
help illustrate  situations in which  "stacking" is  mandated and                                                               
illustrates  the additional  coverage imposed.   She  stated that                                                               
there isn't  any legislative  history or  rationale to  treat the                                                               
named insured differently based  on whether the multiple vehicles                                                               
owned by policyholders are listed in one or multiple policies.                                                                  
                                                                                                                                
MS.  COMPTON explained  that  with a  simple  change by  removing                                                               
"named  insured"  and  clarifying that  multiple  auto  insurance                                                               
policies are to  be issued to the same policy  holder in the same                                                               
household,  SB 167  will help  protect insurance  rates, consumer                                                               
choice, and  predictability.  It  would resolve  an inconsistency                                                               
that  unfairly and  unnecessarily  forces  consumers to  purchase                                                               
insurance  coverage  they  don't   desire  or  need  and  protect                                                               
insurance rates,  consumer choice,  and predictability  under all                                                               
policy forms as original intended.                                                                                              
                                                                                                                                
4:38:47 PM                                                                                                                    
                                                                                                                                
SHELDON  E.   WINTERS,  Attorney,   Lessmeier  &   Winters,  LLC;                                                               
Lobbyist, State Farm  Insurance, stated that he  is legal counsel                                                               
for State  Farm Insurance  Companies.   He thanked  the committee                                                               
and the sponsor.  He offered  to address three things:  uninsured                                                               
motorists, the statutory language, and  to offer his view on what                                                               
this bill accomplishes and does not do.                                                                                         
                                                                                                                                
4:39:50 PM                                                                                                                    
                                                                                                                                
MR. WINTERS  pointed out that when  mandatory liability insurance                                                               
was  enacted,  the legislature  received  some  "push back"  from                                                               
insurance companies.   The insurance  companies did not  want the                                                               
misperception that  with mandatory insurance that  everyone would                                                               
be insured.   The reality  is that has never  been the case.   He                                                               
noted that about 13-15 percent of drivers are uninsured.                                                                        
                                                                                                                                
CHAIR OLSON  recalled that  when the bill  went into  effect, the                                                               
uninsured motorist rate was about 50 percent.                                                                                   
                                                                                                                                
4:40:42 PM                                                                                                                    
                                                                                                                                
MR. WINTERS  related his  understanding that  mandatory liability                                                               
insurance  came  into  place  the  same  time  as  the  uninsured                                                               
motorist  coverage.    He  recalled   the  plan  was  to  mandate                                                               
liability  insurance, but  the  insurance  companies believed  it                                                               
wouldn't resolve  the whole problem  and suggested  also enacting                                                               
uninsured motorist  coverage.  In 1984,  the legislature mandated                                                               
uninsured/underinsured motorist  insurance ("U/UIM")  coverage as                                                               
a means  to protect  motorists against an  accident caused  by an                                                               
uninsured or  underinsured driver.   The  major challenge  was to                                                               
keep it affordable and that still  remains the challenge.  One of                                                               
the prime ways of keeping  U/UIM insurance coverage affordable is                                                               
to prohibit  "stacking" of  insurance coverage.   He  offered his                                                               
belief  that members  understand  the  term.   He  referred to  a                                                               
letter  in  members'  packets  [dated   February  27,  2014  from                                                               
Lessmeier & Winters]  that provides the legislative  history.  It                                                               
was  clear in  1984 that  the  legislature intended  to limit  or                                                               
preclude "stacking."  He read the statute, in part, which read:                                                                 
                                                                                                                                
     If an insured is  entitled to uninsured or underinsured                                                                    
     motorists coverage under more  than one policy of motor                                                                    
     vehicle insurance,  or under more than  one coverage if                                                                    
     two or more vehicles are  insured under one policy, the                                                                    
      maximum amount an insured may recover may not exceed                                                                      
     the highest limit of any one policy or coverage.                                                                           
                                                                                                                                
MR. WINTERS  explained that consumers can  purchase insurance one                                                               
of two ways  depending on the way the insurance  company does it.                                                               
For  example, one  model is  that the  policyholder will  buy all                                                               
their cars  under one single policy.   The second model,  the one                                                               
State Farm  Insurance uses, is  that the policyholder will  buy a                                                               
separate  policy for  each  vehicle.   The  1984 statute  allowed                                                               
either,  but did  not allow  "stacking" under  either model.   In                                                               
1990, the  legislature expanded uninsured motorist  coverage with                                                               
the stated intent of providing  consumers more choice and to make                                                               
the insurance coverage more predictable.   One provision expanded                                                               
the range available, and insurers  were mandated to offer $50,000                                                               
to $1 million.   He recalled the options  were $50,000, $100,000,                                                               
$300,000,  $500,000 or  $1 million.   Therefore,  there was  even                                                               
more  reason not  to allow  "stacking" since  the consumer  could                                                               
select the level  of coverage.  Unfortunately,  the language that                                                               
was  adopted   didn't  accomplish   it  entirely.     In  certain                                                               
situations the language actually requires "stacking."                                                                           
                                                                                                                                
MR.  WINTERS provided  legislative  history, such  that the  bill                                                               
version that  went to the  Senate floor precluded  "stacking" for                                                               
multi-vehicle  policies,  but  omitted  language  that  precluded                                                               
"stacking" for  the single  vehicle policies.   An  amendment was                                                               
offered and a letter explained it.   The second important note is                                                               
that the  memo explained  the intent  of the  proposed amendment,                                                               
which was  to make single  vehicle policies equivalent  to multi-                                                               
vehicle  policies and  prevent "stacking."   However,  that isn't                                                               
what occurred.   He referred to SB 167, AS  28.20.445 (c), noting                                                               
the  first sentence  precludes "stacking"  for the  multi-vehicle                                                               
policy, but it  does not address single-vehicle  policies.  Thus,                                                               
the 1990  language read, in part,  "If a person is  entitled as a                                                               
named insured ...."  He interpreted the language  as meaning that                                                               
"stacking" is precluded for the  named insured, bit everyone else                                                               
is not  precluded.  He  said that  is the problem  that currently                                                               
exists, which is explained in the letter in members' packets.                                                                   
                                                                                                                                
4:45:50 PM                                                                                                                    
                                                                                                                                
MR. WINTERS offered his belief that  SB 167 will fix this problem                                                               
and  render  the  statute  consistent  with  the  1984  and  1990                                                               
legislative  intent.   This bill  isn't about  whether "stacking"                                                               
should or should  not be allowed since  the legislature addressed                                                               
it.     This  bill  makes   the  language  consistent   with  the                                                               
legislative intent.                                                                                                             
                                                                                                                                
4:46:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  asked whether he  was aware of  any people                                                               
who took advantage of this.                                                                                                     
                                                                                                                                
MR.  WINTERS acknowledged  that there  were lots  of claims  that                                                               
were allowed to "stack" due to  the statute, which is part of the                                                               
problem.  The  effect is that the claims are  put right back into                                                               
the  rates, and  insurance  companies that  are selling  policies                                                               
under  this scenario  have notably  higher rates.   He  said that                                                               
eight  states   allow  "stacking"  in  some   fashion  and  their                                                               
uninsured motorist rates are about twice that of other states.                                                                  
                                                                                                                                
4:47:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  asked whether  more dollars would  be kept                                                               
in Alaskans' pockets under the bill.                                                                                            
                                                                                                                                
MR.  WINTERS  cautioned  that  so  many  things  go  into  rates;                                                               
however,  he knows  that  insurance rates  in  states that  allow                                                               
"stacking" have  rates about  twice the cost.   Second,  in State                                                               
Farm's insurance experience,  and it is the  largest auto insurer                                                               
in the  state, literally  millions have  paid out  in "stackable"                                                               
claims that wouldn't  be paid out under the bill  and those costs                                                               
are built  into the rates.   Thus, he offered his  belief that it                                                               
should impact rates, but he was unsure of the amount.                                                                           
                                                                                                                                
4:48:19 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  suggested it  could  be  the  lawyers and  not  the                                                               
insured that have "stumbled" on to this.                                                                                        
                                                                                                                                
MR. WINTERS  argued that  "stacking" is not  only allowed  but is                                                               
required under  the existing law.   He suggested the  lawyers are                                                               
representing  their  clients  and  the  insurance  companies  are                                                               
paying them.                                                                                                                    
                                                                                                                                
CHAIR OLSON acknowledged it was legal.                                                                                          
                                                                                                                                
MR. WINTERS agreed.                                                                                                             
                                                                                                                                
4:48:54 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 167.                                                                                     
                                                                                                                                
REPRESENTATIVE HERRON  moved to  report SB  167 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There being no  objection, SB  167 was reported  from the                                                               
House Labor and Commerce Standing Committee.                                                                                    

Document Name Date/Time Subjects
SB166 ver H.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Sponsor Statement ver H.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Sectional Analysis (H).pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Fiscal Note- DCCED-CBPL-3-14-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Summary of Changes ver R to H.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Draft Proposed Amendment ver H.1.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Opposing Documents-Email and Letter Beth Gartner Farnstrom 4-05-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-2014 Nursing Stats.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-FBI Integrated Automated Fingerprint ID System Audit pgs 1-3.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Email Evans 2-28-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Email Gillette 2-9-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter APNO 3-14-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter DCCED re Background Checks 02-11-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter Farnstrom 3-01-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter AG-Christian Science Committee 10-13.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter FBI to DCCED 7-5-05.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB166 Supporting Documents-Letter DCCED Sanders 2-28-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 166
SB156 ver U.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Sponsor Statement.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Fiscal Note-DCCED-CBPL-03-07-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Sectional Analysis.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Darcy Lucey 2-6-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Peggy Downing 2-5-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Sarah Taygan 2-3-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Susan Terwilliger MAA 2-3-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-CDM Annual Report FY 13.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-CDM Statutes and Regulations 9-2013.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Barbara Norton 1-30-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Don Habeger SL&C Follow up 3-17-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB156 Supporting Documents-Letter from Cheryl Corrick CDM Board 2-21-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 156
SB167 ver A.pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB167 Sponsor Statement.pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB167 Fiscal Note-DCCED-DOI-02-20-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB167 Supporting Documents-Letter NAMIC.pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB167 Supporting Documents-Infograph (2).pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB167 Supporting Documents-Letter Lessmeier & Winters 2-27-2014.pdf HL&C 4/15/2014 3:15:00 PM
SB 167
SB183 Ver A.pdf HL&C 4/15/2014 3:15:00 PM
SB 183
SB183 Sponsor Statement.pdf HL&C 4/15/2014 3:15:00 PM
SB 183
SB183 Fiscal Note-DCCED-AEA-03-17-14.pdf HL&C 4/15/2014 3:15:00 PM
SB 183
SB183- Supporting Document- EETF Fund Award Project Write Ups 11 16 12.pdf HL&C 4/15/2014 3:15:00 PM
SB 183
SB183- Supporting Document- EETF Award News Release 11 16 12.pdf HL&C 4/15/2014 3:15:00 PM
SB 183
SB183- Supporting Document- EETF Round 1 Project Status Updates - Feb 2014 (2).pdf HL&C 4/15/2014 3:15:00 PM
SB 183