SB 119 FRATERNAL BENEFIT SOCIETIES  CHAIRMAN LEMAN called the Senate Labor and Commerce Committee meeting to order at 1:33 p.m. and announced SB 119 to be up for consideration. MR. RICHARD KLEVEN, Assistant Vice President, Law Division, Lutheran Brotherhood, said they are a fraternal brotherhood society and he is here on behalf of the National Fraternal Congress of America, an association of approximately 90 fraternal benefit societies. He said they support SB 119 which will revise our statute that regulates them. They have done this in a number of other states and they have essentially the model law that's before the Committee in 34 other states to date. Alaska has six fraternals: the Knights of Columbus, Independent Order of Foresters, Sons of Norway, Aid Association for Lutherans, Lutheran Brotherhood, and Woodmen of the World. Fraternals are membership groups and are very accountable to their members. They exist to benefit the members and their communities providing them with individual life and annuity insurance. They must also have a system of local lodges, by law. Fraternals exist for social and fellowship reasons, but also to provide services to communities like local volunteer units. The reason a new section on fraternal orders is needed is because in the 30 years since the fraternal code was passed there has been a lot of change - at the economic level and federal level, especially with taxation and securities regulation which has had an effect on insurers. Some provisions need to be modernized so fraternals can continue to provide the same service. The proposed legislation allows fraternals to write variable life and annuity products. It gives some flexibility in the code as new products are developed in the life and health insurance industry that fraternals can use (with the approval of the director of the Insurance Division). It provides clearer language regarding the ability of fraternals to have subsidiaries as long they are organized to further the fraternal purposes of the organization. It will clarify how members can use their insurance to meet their own estate or tax planning needs. It also makes it clear that fraternals are subject to the same insurance and regulatory practice rules as are other life insurers. It also gives the director of the Division of Insurance clearer and stronger authority over them. The language is also modernized to flow better in terms of interpretation. This legislation will not change the essential character of what fraternal orders are and won't have any appreciable change in their presence in the market for insurance. MR. KLEVEN said that two amendments would be offered, one from the Department regarding conforming the law to the Kassenbaum-Kennedy law that was passed regarding health insurance last summer. The other amendment deals with intermediate assembly and he believes it is a technical amendment. It clarifies that if a society has an intermediate assembly (a group of delegates that's elected to elect the higher level group) that those people have to be members. SENATOR MACKIE moved to adopt amendment #1. There were no objections and it was so adopted. MR. DON KOCH, Division of Insurance, supported SB 119. He said they have worked with Mr. Kleven and have done a number of internal reviews including financial and Department of Law. He explained the reason for conforming with the Kassenbaum-Kennedy, Public Law 104-191, was there will be a number of requirements placed on insurers and their group health plans as to portability of those plans and there were no references in this proposal that would reflect the appropriate sections of the insurance code that would be needed to comply with the KK bill, and therefore, State statutes and fraternal benefit societies. MR. KOCH explained that insurance is not the primary focus of a fraternal; it is almost incidental to things they do. SENATOR MACKIE moved to adopt amendment #2 as corrected (line 15 the reference is corrected to AS 21.54). There were no objections and it was so ordered. SENATOR MACKIE moved to pass CSSB 92(L&C) from committee with individual recommendations and the accompanying $0 fiscal note. There were no objections and it was so ordered.