HOUSE BILL 116 "An Act relating to workers' compensation self-insurance." GEORGE DOZIER, STAFF, REPRESENTATIVE PETE KOTT, noted that HB 116 contained numerous substantive and procedural requirements designed to ensure that worker's compensation self-insurance groups remain fiscally sound and able to fulfill Alaska's workers compensation requirements. Co-Chair Therriault MOVED to adopt Amendment #1. [Copy on file]. PAUL GROSSI, DIRECTOR, DIVISION OF WORKERS' COMPENSATION, DEPARTMENT OF LABOR, advised that the Department would support Amendment #1. Mr. Dozier explained that Amendment #1 would impose a duty of care which would be exercised by the trustees of the groups created by the bill and would be a standard level of care. MARIANNE BURKE, DIRECTOR, DIVISION OF INSURANCE, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT, commented that the Department supports Amendment #1 which would address a concern regarding investment criteria for excessive money and how it would be handled. There being NO OBJECTION, Amendment #1 was adopted. Co-Chair Therriault MOVED to adopt Amendment #2. [Copy on file]. Discussion followed regarding Amendment #2. 7 [Temporary tape malfunction for five minutes]. Mr. Grossi noted that funding would be needed within the group and that there should be included a safety net to pay claims should the group fail. He suggested that it would be essential to place liquid assets inside the group in order to properly fund the initial stage of the revenue stream and the safety protection at that end. Insurance requirements for an insurance company is $1.75 million dollars. Representative J. Davies asked if the director had the authority to control the amount. He believed that if they don't have adequate insurance, they shouldn't be in business. Mr. Grossi replied that in order for it to be affordable for the size of the group, there would need to be a high enough retention self insurance. Representative J. Davies believed that the amounts should be self regulating. Ms. Burke pointed out that through Department research, similar organizations typically have $200-$500 thousand dollars in a retention fund, critical to the organization. Representative J. Davies questioned how the numbers were determined. Ms. Burke pointed out that they had been provided in the proposed legislation. In order to become established, they must have a minimum of a $500 thousand dollars premium for the year, of which they need 25% of that cost to begin. The 25% is broken down between the administrative and claims portion. She noted that it was her intent that the system work while at the same time, protecting the workers. That is why an alternative funding source has been proposed and would require money up-front. Representative Kohring MOVED to report CS HB 116 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 116 (FIN) was reported out of Committee with "individual recommendations" and with fiscal notes by the Department of Commerce and Economic Development dated 4/25/97 and the Department of Labor dated 4/25/97.