Legislature(2019 - 2020)BELTZ 105 (TSBldg)

05/10/2019 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 106 HOMEOWNER/RENTER INSURANCE RENEWAL TELECONFERENCED
Moved CSSB 106(L&C) Out of Committee
-- Testimony <Invitation Only> --
*+ HB 104 MORTGAGE LOAN ORIGINATOR LICENSING TELECONFERENCED
Heard & Held
-- Public Testimony --
           SB 106-HOMEOWNER/RENTER INSURANCE RENEWAL                                                                        
                                                                                                                                
1:32:04 PM                                                                                                                    
CHAIR REINBOLD announced  that the first order  of business would                                                               
be SENATE BILL NO. 106, "An  Act relating to renewal of insurance                                                               
coverage  for  homeowners  and  renters;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
{Before the committee was the  proposed committee substitute (CS)                                                               
for SB 106(  ), 31-LS0476\M, Version M.]                                                                                        
                                                                                                                                
1:32:31 PM                                                                                                                    
SENATOR COSTELLO  explained that  her amendment would  have added                                                               
in commercial businesses. She said  that she has held discussions                                                               
but has decided  not to incorporate her amendment  into the bill.                                                               
She thanked the sponsor for working with her on this matter.                                                                    
                                                                                                                                
1:33:35 PM                                                                                                                    
SENATOR COSTELLO withdrew Amendment  1, work order M.2 previously                                                               
adopted at  the 5/9/19 meeting,  work order  31-LS0476\M.2, Marx,                                                               
5/8/19.                                                                                                                         
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR COSTELLO                                                                 
     TO:  CSSB 106(   ), Draft Version "M"                                                                                      
                                                                                                                                
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to cancellation and renewal of                                                                     
     commercial property insurance coverage;"                                                                                 
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section  1. AS 21.36.210 is  amended by  adding a                                                                
     new subsection to read:                                                                                                    
          (g)  An insurer may not exercise its right to                                                                         
     cancel  a  policy   of  commercial  property  insurance                                                                    
     solely based on notice, receipt,  or payment of a claim                                                                    
     under the  policy unless the  insurer has paid  a claim                                                                    
     under   the  policy   within   the  three-year   period                                                                    
     immediately   preceding   the   notice,   receipt,   or                                                                    
     payment."                                                                                                                  
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 12, following "homeowner's":                                                                                  
          Insert "or commercial property"                                                                                       
                                                                                                                                
     Page 3, following line 13:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 5.  AS 21.36.310 is amended by  adding a new                                                                
     paragraph to read:                                                                                                         
               (6)  "commercial property insurance" means                                                                       
     property  insurance as  described in  AS 21.12.060 that                                                                    
     is  "business or  commercial insurance"  as defined  in                                                                    
     this section."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 16 - 18:                                                                                                     
          Delete all material and insert:                                                                                       
          "APPLICABILITY. AS 21.36.210(g), enacted by sec.                                                                      
     1 of this Act, AS 21.36.240,  as amended by secs. 2 and                                                                    
     3 of  this Act, AS 21.36.310(4),  as amended by  sec. 4                                                                    
     of this Act, and AS 21.36.310(6),  enacted by sec. 5 of                                                                    
     this  Act, apply  to an  insurance  policy or  contract                                                                    
     entered into or renewed on  or after the effective date                                                                    
     of secs. 1 - 5 of this Act."                                                                                               
                                                                                                                                
     Page 3, line 25:                                                                                                           
          Delete "Section 5"                                                                                                    
          Insert "Section 7"                                                                                                    
                                                                                                                                
     Page 3, line 26:                                                                                                           
          Delete "sec. 6"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
CHAIR REINBOLD  asked to place  on the record that  the committee                                                               
received letters  of opposition from the  National Association of                                                               
Mutual Insurance  Companies, and  the American  Property Casualty                                                               
Insurance  Association  to  Amendment  1.  She  understood  their                                                               
concerns.  However,  this  matter  needs to  be  addressed.  Many                                                               
businesses in her  community want to close down due  to theft and                                                               
crime. She urged everyone to  work together with local businesses                                                               
and insurance companies  to reduce the rampant  theft in Alaska's                                                               
communities.                                                                                                                    
                                                                                                                                
CHAIR REINBOLD removed her objection.                                                                                           
                                                                                                                                
Amendment 1, previously adopted, was withdrawn.                                                                                 
                                                                                                                                
1:35:20 PM                                                                                                                    
CHAIR  REINBOLD  moved  to  adopt Amendment  2,  work  order  31-                                                               
LS0476\M.4, Marx, 5/9/19.                                                                                                       
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                       BY SENATOR REINBOLD                                                                 
     TO:  CSSB 106(   ), Draft Version "M"                                                                                      
                                                                                                                                
                                                                                                                                
     Page 2, lines 11 - 15:                                                                                                     
                                                                                                                                
     Delete all material and insert:                                                                                            
          "(b)  In addition to the requirements in (a) of this                                                                  
     section,  an insurer  may not  fail to  renew a  homeowner's                                                               
     insurance policy based solely on  the earliest claim made by                                                               
     the  insured   within  the  three-year   period  immediately                                                               
     preceding  the  policy's  annual anniversary  if  the  claim                                                               
     arises from  a criminal act  committed by a third  party. In                                                               
     this subsection,  "homeowner's insurance"  includes coverage                                                               
     described in AS 21.36.460(i)(7)(B) and (C)."                                                                               
                                                                                                                                
SENATOR COSTELLO objected for discussion purposes.                                                                              
                                                                                                                                
CHAIR REINBOLD read Amendment 2.                                                                                                
                                                                                                                                
1:36:19 PM                                                                                                                    
SENATOR TOM  BEGICH, Alaska State Legislature,  Juneau, explained                                                               
that  the two  changes in  Amendment  2 were  worked out  through                                                               
discussions  with  the  insurance industry.  First,  Amendment  2                                                               
would  ensure  that  failure to  renew  a  homeowner's  insurance                                                               
policy  is  not based  solely  on  the  earliest claim  made.  He                                                               
characterized  it  as giving  the  insurance  agency little  more                                                               
flexibility related to issues outside  of the scope of a criminal                                                               
act. He said  that Amendment 2 narrowed it down  to criminal acts                                                               
committed  by a  third party.  He clarified  that a  criminal act                                                               
could be committed by a party within  a home and a claim could be                                                               
made.  However,  that is  a  different  issue entirely.  In  this                                                               
instance  it relates  to  situations  in which  a  person is  the                                                               
victim of  a crime  that the  person was unaware  of. He  said he                                                               
wholly supports  this amendment.  He encouraged members  to adopt                                                               
the amendment.                                                                                                                  
                                                                                                                                
1:37:42 PM                                                                                                                    
SENATOR  BIRCH raised  a procedural  question.  He asked  whether                                                               
action the committee took at the  last hearing on Amendment 1 was                                                               
rescinded.                                                                                                                      
                                                                                                                                
1:38:34 PM                                                                                                                    
SENATOR  COSTELLO   pointed  out  Amendment  2   was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR REINBOLD asked members to  consider the motion before them,                                                               
which is Amendment 2.                                                                                                           
                                                                                                                                
SENATOR COSTELLO withdrew her objection.                                                                                        
                                                                                                                                
1:38:47 PM                                                                                                                    
SENATOR  BIRCH clarified  that this  limits it  to criminal  acts                                                               
committed by a third party, which is a fairly narrow limit.                                                                     
                                                                                                                                
SENATOR BEGICH answered that is correct.                                                                                        
                                                                                                                                
CHAIR REINBOLD  heard no further  objections and Amendment  2 was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR  REINBOLD solicited  a motion  to  rescind the  committee's                                                               
action on Amendment 1.                                                                                                          
                                                                                                                                
1:39:35 PM                                                                                                                    
SENATOR COSTELLO made a motion  to rescind the committee's action                                                               
to  adopt Amendment  1, work  order 31-LS0476\M.2,  Marx, 5/8/19,                                                               
which was previously adopted by the committee on 5/19/19.                                                                       
                                                                                                                                
There being no objection, the  Senate Labor and Commerce Standing                                                               
Committee's action to adopt Amendment 1 was rescinded.                                                                          
                                                                                                                                
CHAIR  REINBOLD indicated  SB  106, as  amended,  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:39:55 PM                                                                                                                    
SENATOR COSTELLO moved to report  SB 106, work order 31-LS0476\M,                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached fiscal note.                                                                                                           
                                                                                                                                
CHAIR REINBOLD  found no objection  and the  committee substitute                                                               
for SB 106 (L&C) was reported  from the Senate Labor and Commerce                                                               
Standing Committee Standing Committee.                                                                                          
                                                                                                                                
1:40:35 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
SB 106 Amendment #2 - M.4.pdf SL&C 5/10/2019 1:30:00 PM
SB 106
SB 106 - Written Testimony VER M. - American Property Casualty Insurance Assoc..pdf SL&C 5/10/2019 1:30:00 PM
SB 106
SB 106 - Written Testimony - NAMIC.pdf SL&C 5/10/2019 1:30:00 PM
SB 106
CSHB 104(L&C) AM VER. S.A.PDF SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM Sponsor statement 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM-CSHB104 AM Explanation of Changes 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) - HB104 Explanation of Changes 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM Fiscal Note DCCED - DBS - 4.12.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM Revised Position Ltr- AK Bankers Assoc 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM Ltr of Support from Loren and Bari Hite.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C) AM Ltr of Support Schiewer 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104
CSHB 104(L&C)AM Ltr of Support Alaska Realtors 5.10.19.pdf SL&C 5/10/2019 1:30:00 PM
HB 104