Legislature(2005 - 2006)BELTZ 211

04/11/2006 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 439 INSURANCE PRODUCT REGULATION COMPACT TELECONFERENCED
Heard & Held
*+ SB 282 BROADCASTING PROMOTING CHARITABLE GAMING TELECONFERENCED
Heard & Held
+= HB 122 NATIONAL GUARD INSURANCE & OTHER RELIEF TELECONFERENCED
Heard & Held
Confirmation:
Board of Chiropractic Examiners
Jeffrey Garness
Bills Previously Heard/Scheduled
Including But Not Limited to:
+= SB 311 ATHLETIC COMMISSION; BOXING & WRESTLING TELECONFERENCED
Heard & Held
+= SB 312 CONCERT OR ATHLETIC EVENT PROMOTERS TELECONFERENCED
Moved CSSB 312(L&C) Out of Committee
+= SB 309 CONSTR. TRAINING GRANT;UNEMPLOYMENT COMP. TELECONFERENCED
Moved CSSB 309(L&C) Out of Committee
     CSHB 439(L&C) AM-INSURANCE PRODUCT REGULATION COMPACT                                                                  
                                                                                                                              
CHAIR  CON  BUNDE  announced  CSHB  439(L&C)  AM  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE JOHN  COGHILL, sponsor  of HB 439,  explained that                                                               
it would standardize  products that are beneficial  for the state                                                               
of Alaska. He  was asked to do  it, but he also  supported it. It                                                               
would include  the state  in an  interstate compact  dealing with                                                               
life insurance  products like life  insurance annuities  and long                                                               
term  care  products. He  thought  the  nature of  the  insurance                                                               
industry demanded this because it  wasn't as closely regulated on                                                               
a state-by-state basis and the  federal government would probably                                                               
develop  guidelines. The  director of  the Division  of Insurance                                                               
would be  a part  of the  commission so  changes that  may happen                                                               
would be well known and he thought  this would be a better way to                                                               
do it.                                                                                                                          
                                                                                                                                
CHAIR BUNDE asked  him if he felt this bill  would benefit Alaska                                                               
in  terms  of him  being  a  state's rights,  smaller  government                                                               
person.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  COGHILL replied  yes and  that Alaska  could pull                                                               
out  of the  compact  if  "it starts  yanking  our  chain" or  if                                                               
consumers were  not protected. However,  he pointed out  that the                                                               
compact has better  consumer protections than some  of the things                                                               
the state  already is doing.  He said the director  could explain                                                               
those in much better detail.                                                                                                    
                                                                                                                                
2:43:10 PM                                                                                                                    
LINDA HALL,  Director, Division of  Insurance, said that  she did                                                               
not request  this bill to  be introduced. She explained  that the                                                               
interstate  compact   has  been   a  creature  of   the  National                                                               
Association of  Insurance Commissioners  and it has  already been                                                               
adopted by 21  states. Twenty-six states must  adopt this compact                                                               
before  it   can  become  effective.   It  originated   with  the                                                               
recognition that the insurance marketplace  was changing - with a                                                               
lot  of overlap  in bank  and insurance  products. There  is also                                                               
recognition of the increased mobility of the population.                                                                        
                                                                                                                                
One of  the issues that has  become a problem around  the country                                                               
is  uniform filing  and getting  new products  to consumers.  So,                                                               
there  has been  a real  push  to do  "speed market"  - a  single                                                               
uniform standard single-filing system.  The state participates in                                                               
"SERF,"  an electronic  filing system  that facilitates  products                                                               
getting to consumers.                                                                                                           
                                                                                                                                
2:45:13 PM                                                                                                                    
MS. HALL  noted her concern is  that there is a  growing push for                                                               
federal  regulation of  insurance, which  would cause  a loss  of                                                               
consumer  protection  here.  She  explained  that  the  "Optional                                                               
Federal  Charter" was  sponsored by  some of  the life  insurance                                                               
companies  who were  looking for  a more  efficient way  of being                                                               
regulated  as opposed  to having  50  different state  regulators                                                               
with 50 different  sets of rules and it was  introduced last week                                                               
in Congress.                                                                                                                    
                                                                                                                                
The basic  structure is that each  state that is a  member of the                                                               
compact  would send  a  delegate to  that  commission; the  chief                                                               
regulator in  Alaska is  the director. For  anything to  occur in                                                               
that body would  take a two-thirds majority vote.  She said these                                                               
products  don't include  health insurance  or property  liability                                                               
workers' compensation type of insurances.                                                                                       
                                                                                                                                
If a state  chooses to opt out  of a standard, it has  10 days to                                                               
do so and must provide some  rationale for why it doesn't protect                                                               
its  consumers.  Legislatures  can  opt  out  at  any  time.  The                                                               
commission is  delegated the authority to  adopt these standards.                                                               
It  will  only  look  at  individual  and  group  life  insurance                                                               
annuities,  disability   income  insurance  and   long-term  care                                                               
products.                                                                                                                       
                                                                                                                                
Her observation on this bill is  that the insurers would still be                                                               
able  to  determine where  they  want  to  file their  product  -                                                               
through  the traditional  system with  the state  or through  the                                                               
commission.                                                                                                                     
                                                                                                                                
The  original fear  of this  kind of  proposal was  that whatever                                                               
standards were  accepted would be the  lowest common denominator,                                                               
but she would not be here  talking about this bill if she thought                                                               
would happen.  She said there  have been  six meetings so  far on                                                               
adopting standards and  they now exceed those  in Alaska statute.                                                               
For instance, the  state has no standard for a  "free look" which                                                               
is when a consumer  has 10 days to look at a  product and give it                                                               
back without any kind of penalty.  She thought that kind of thing                                                               
would be  good. She  thought other good  provisions would  be for                                                               
creating binding arbitration and adopting readability standards.                                                                
                                                                                                                                
MS. HALL  also explained  that generally  the insurers  who write                                                               
these  products file  their national  products with  her division                                                               
and she  was already seeing  a lot  of filings for  products that                                                               
exceed the  state's statutory standards. Because  it's easier and                                                               
more efficient than  filing 50 separate products  in 50 different                                                               
states, insurance  companies were filing to  the highest standard                                                               
and  she  was  seeing  the benefits  from  that.  Standards  help                                                               
insurance  companies  more  readily  get their  products  in  the                                                               
marketplace,  which   is  where  they  look   for  a  competitive                                                               
advantage.  Both the  National Conference  of State  Legislatures                                                               
(NCSL)  and  the  National Conference  of  Insurance  Legislators                                                               
(NCOIL) have endorsed this compact  and that this legislation has                                                               
been introduced in 16 other legislatures this year.                                                                             
                                                                                                                                
2:49:40 PM                                                                                                                    
CHAIR  BUNDE asked  if it's  more  likely to  happen sooner  than                                                               
later.                                                                                                                          
                                                                                                                                
MS. HALL replied yes.                                                                                                           
                                                                                                                                
2:50:07 PM                                                                                                                    
JOHN GEORGE,  American Counsel  of Life  Insurers, said  he asked                                                               
for this legislation  and Ms. Hall did a great  job of explaining                                                               
it.  He offered to answer questions, but there were none.                                                                       
                                                                                                                                
CHAIR BUNDE said  he would hold HB  439 and bring it  up again at                                                               
the first available opportunity.                                                                                                

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