Insurance & Commerce- House

And your Amendment. Yes madam chair proceed please. I'll be very brief committee members if your call early in the session I ran a bill H. B. ten twenty that the goal of that was to restore some of the liability protection that I felt the way that that we did take away in the twenty twenty one session in that uniform bill so we got that pretty early got off the house floor thing ninety six zero get down to the Senate ran into some some issues within the go shaded and spent weeks agreeing on amendments this is the amendment is a completely agreed upon the bankers and frankly attorneys had some issues with my bill as original in its original form this completely is agreed upon however all parties are in agreement with this amendment solid as a restore some of our liability protections to be Frank and I hope I can be Frank with this committee I don't think it's as good as my original bill but it's a lot better than the state of the law right now. That number glad take any questions. are there any questions from the committee. Thank you. Representative Richard send your thank you thank you mentioned so representative Maddox what can you just tell me what was the biggest hang up in this I mean because like you said you had a pretty solid bill before when it passed off the floor what was the don't give me all of it just give me one of the big boulders that you you're able to get that changed So for clarification I'm asking what their concerns were yes so their concerns to be Frank in a I completely understand we all look out for our own industries bankers had a concern about you know if someone goes into default on any sort of loan the you know they want to be able to go and execute attach on assets to it to make themselves whole and of course attorneys collecting judgments I have you know that when a bill to go get all of the assets that they possibly can. And so they didn't necessarily like my original bill. But now they approved. Are there any other questions from the committee. Is there anyone in the audience who would like to speak for against the bill. The Amendment. Would you like to close for your Amendment. Yes there are I'm closed and I would make a motion to concur in the Senate amendment. We have a motion to concur on the amendment for house bill ten twenty all those in favor say aye those against. Congratulations representative. Maddox your amendment has passed thank you manager thank you Committee. If I may um I don't hold anything up but I have to go in another bill in agriculture I'll be right back if I'm able to but we'll see but. Representative Lundstrum did you have a question. A representative Hudson would you like to run your bill. H. B. thirteen thirteen. If you would please just introduce yourself to the committee. Representative Ashley Hudson district thirty third district seventy five. Representative Hudson you're recognized to present your bill thank you madam chair thank you Committee I this is a bill that you all heard several weeks ago this is meant to clarify what at what and how life insurance proceeds are disposed of and there was some confusion in our existing code regarding what creditors could access and what they couldn't and so we endeavored with this bill to clarify that so that both creditors creditors and family members knew what to expect when life insurance proceeds were distributed and on the Senate ends ugh Senator Hickey the representative has and I it was my mistake you've got to amendments we need to concur in before we go further thank you yes and on the Senate and Senator Hickey and centre Payton had that wanted to add an amendment to clarify that and in the case of a pledge of a life insurance policy that that would still be honored because they felt that that that wasn't as clear as they'd like it to be so we added a line they clarified that that a pledge of life insurance by the deceased would be honored and then second amendment I think was just the one adding representative Murdock. Okay sorry that the first amendment was the first stab was the first clarification the second one was the second clarification. What twenty one check up first. The first one okay so I'm looking at the one that's the shorter one. The Amendment number one one minute one that's meant to I guess I could put my glasses on. Okay. So amendment one is the one that confirms that if you have pledged your life insurance proceeds to cover that that that would still be honored. Are there any questions by the committee. Representative aids. I make a motion dot amendment one. Is there anyone in the audience who would like to speak for against the bill The Amendment. Representative Hudson are you close for your Amendment I'm close for amendment one. Richey. Excuse me I'll representative As I don't know if you need to restate your motion or if. Yeah I move that we adopt Amendment number one to House Bill thirteen thirteen. All those in favor please say aye. All those opposed. Congratulations representative Hudson you have passed your amendment can we go to Amendment number two now. And I know we're all tired so thank you for your patience with these all right Amendment number two this is the one that adds another clarifying amendments down on Page two line thirty three and that just it again explains some additional creditor rights in terms of and situations in which the life insurance policy has become an asset of the insured and I don't know if you'll recall when we talked about this before but we talked about when a deceased or a life insurance holder may have made themselves the beneficiary so in that case that the life insurance proceeds would become an asset that can be levied and this is part of the the main part of the bill as well and but senator Payton wanted to see that spelled out a little bit more clearly so we added a line to ensure that it was spelled out and and that in the exceptions part as well happy to answer any questions. Any questions by the committee representative Ferguson. Thank you madam chair I'm not clear I'm not sure I understand that okay so I my husband's insurance policy and I'm the beneficiary how does that work so if you were the beneficiary it wouldn't affect you at all if your husband had put himself as a beneficiary what this would apply mostly like the whole life policies and policies where you can you can take money out of it before you die so in that case the proceeds would not be protected from claims from creditors because then you yourself are benefiting from the proceeds the protections should only lie in situation where you're the beneficiary or another family member okay thank you. Any other questions of the committee. Representative Perry. Thank you a man chair so represent Hudson when he said the beneficiary you list yourself as a beneficiary you mean as the owner of the policy yes so if the disease is listed as it makes himself a beneficiary and again this would be like a whole life policy where you can borrow or take proceeds out prior to death. That's not the benefits should be the owner of the practice yes okay all right thank you. I have a question I'm familiar with the owner making themselves the beneficiary if they on a policy on the life of another individual is that what we're talking about talking about the owner making themselves a beneficiary on their own policy. On their own policy like a whole life policy where you can take money out prior to death so this would be a very limited number that they give the whole life policies really are used as much anymore but they wanted to make sure that this was clear. Thank you and I can see that it was very very effective in making. Hi to send her to that Are there any other questions by the committee. A representative Ladyman do you have a motion. We we Amendment number two for H. B. thirteen thirty. I found to ask if there was anyone in the audience who want to speak for against this amendment. Seeing none. We have a motion do pass all those in favor say aye. All those opposed. Congratulations representative position you have passed your in. Thank you have concurred in mint. Heard with the Senate once again thank you madam chair and thank you committee. Representative Johnson would you like to present. House bill seven twelve seventy one thank you. You know the routine. Thank you madam chair a representative Lee Johnson district forty seven this it's just a concurrent Senate amendment that we did on the Senate side to the power authorization legislation that was discussed on the standing on the agreed to language trying to mend a few things to make all parties satisfied to be happy to answer questions. Are there any questions by the committee. Okay. A representative representative Ladyman do you have questions. A representative Johnson what was the biggest change here with these amendments. That's an excellent question representative Ladyman I'm trying to look to make sure that I explain it we've amended that bill so many different times I want to try to accurately reflect what we did. I think these are I think if I remember right and Derek is here as well as I think these are amendments that we did agree to regarding some of the language around time frames for appeal some of the language around the random sampling with appeals they were all things that we discussed on this side agreed to men on the other side and they were following through with those amendments it's been it's been a little bit since I looked at that. Is there anyone in the audience who. Who would like to speak for against the bill. Hello madam chair committee my name's Derek Smith with Mitchell Williams Selig gates and Williams law firm here in Little Rock Arkansas I really just to talk about some of the amendments I think they were designed to address some of the items that we raised in our testimony against the bill it are you. Put your microphone closer please. Is that better yes okay great I'm sorry about that I was just saying the the amendments were designed to address some of the operability concerns that we raised during presentation on this and in such as I think the bill required an opportunity for providers to have an opportunity to discuss a prior authorization denial prior to the denial being delivered formally and because of the timelines associated with prior auth was rated reviews a we raise concerns about how we could do both of those so they amended the bill to provide that opportunity to discuss it and I would happen after the denial but before any formal appeal. There were trust the that was that was one of the major ones and if things of that sort that the amendments and and I'm sorry that I'm not better prepared to present the amendments that the amendments were in my mind operational not substantive they were things that I felt like re easy concessions they were greeted by all parties on the Senate side at that at the time of the presentation the bill Senator Irvin had been working on this as well and now that they're engrossed it's hard for me to go back in and find exactly where those specific languages are be happy to try to pull it down and look at some notes and come back and give a better explanation. So are the big bill and it's it's hard when these amendments getting grossed because they they go to the other side they come back and then it's it's it's hard for me to remember where the language specifically which changes specially when they were small like what I would consider more technical operational changes than actual substantive changes. Are there any more questions from the committee. Anyway is there anyone in the audience who would like to speak for against the amendments. Seeing none. Are you close with a bill representative Johnson. We'll have a discussion now representative needs to work. It just trying to glance over as quick as we can on or in a hurry but there's a section in here that talks about the health insurance market place in up to four percent of the poverty level. thank you. Talk about being exempt or something therefore can do you can you help me with that. I'm on sorry lamb on page for the very top of the amendment. This is the I think you described it as a gold card. Bill right. That that's correct. Now we doing anything different than what we talked about with this bill previously as it relates to the health insurance marketplace ACT no okay. And it says an email of forms of the poverty level opportunity state is exempt but it references to sections of code. So I'm not sure what that is. yes the talk about this year yeah that yeah that's just referencing it to another place the actual statute that we're or the actual bill for the go kart requirements about twenty two dash ninety nine eleven twenty right yeah that's just referencing back up to say the sections that we require for go karting were exempting this group up until. The date of January one twenty twenty five oh I see okay thank you for that clarification. I make you sweat this last this session came running over years olds running late you don't have to pass. I'm sweating bullets on camera is there any more discussion by the committee. Represent representative Ladyman. You're right I don't think we have a motion on the floor to make a motion we adopt that concur with the amendment. All those in favor concurring with the amendment signify by saying aye. Those opposed. Congratulations Johnson I'm in the discutir next time to get over your senate run in I saw Maddox will represent Maddox walking out that's all it Jr. Do you have another amendment I do and I'm a little more prepared in this one I. this is amendment to this is concurring amendment to house bill twelve fifty two. That correct. Yes this was the bill to require recreational prosthetics for a payment for recreational possessions issue what prosthetics we were asked to amend the definition around what was recreational way means of doing that was we ended up by saying that you have to qualify for certain activity levels under Medicare a requirements to be eligible for these recreational prosthetics that was that was agreed upon language from the insurance providers in the or thought X. groups and I think is a fair and change made the bill better in a more confined way. Happy to answer any questions on that one are there any questions by the committee. Seeing none is there anyone in the audience who would like to speak for against this amendment. I'll close this and make a motion we adopt a concur in the amendment. All those in favor say aye all those opposed. Congratulations thank you ma'am and has the the amendment has been adopted concurred. Representative Baker would you like to present amendment at twelve fifty seven. Thank you madam chairman committee excited to present a concurrent amendment from the Senate on house bill twelve fifty seven this is agreed upon language and I work with Senate anchor which just please introduce yourself. Representive Aker District seventy one. Please proceed thank you madam chairman estate we have or are here today to concur an amendment from the Senate with agreed upon language no no no opposition and and worked well with EBD after meeting them at our meeting last time and the got some perspective on how plans are the risk levels in the tolerance that they take and how they replenish those so the main two issues with the previous bill where that EBT would be taken on a high risk population that had not previously been paying into the system for the previous thirty years. And then also they would not have the opportunity to supplement that with hiring new younger officers so we've address both of those issues by moving this benefit to the local level at the city and county level and the fiscal impact that was originally provided is no longer required so the five million dollar estimate is now zero dollars and with that I will take questions are there any questions by the committee. Representative Ladyman. A representative from the front page it looks like you added or changed the definition of dependent. And. and I was just curious why that was changed and the reason I I'm curious about that courses doesn't cover fire I think they from the same thing but I know there was issues in the past about spouses being considered a dependent specially if there was a separation or something I mean was this why was it said in the US so that the language was taken to mirror the similar benefit of transition that happens for a state police officer with EBT this is happening at the city and county level for the plans that they offer to their full time employees one I used all the language that LAPFI uses to identify a dependent and the spouse it is my understanding on the second page that the individual who elects to purchase this can purchase it for them and their spouses and their dependents in the event that the primary beneficiary or retiree becomes deceased the spouse has the option to continue that plan until their Medicare eligible as well that was not in the original bill no Sir that's correct thank you. representative age you're recognized. Just real quick there are no is the very last section two on the Page three the very bottom eligible police officer retire he retired between January one of twenty seventeen how did you come on that date. so the average retiree age from lot fee was in that fifty eight to sixty eight grand and so what I wanted to do was not offer a benefit the only apply to retirees that were choosing to retire. At the end of this year but for those who had elected to retire in the previous that that same gap of time that we're trying to covered so that five year that cover you have any idea how many would be included in that twenty seventeen of the number of people that could based on the actual Siegel study we're looking at two hundred fifty up to six hundred fifty qualified people who would elect to participate in this. So again the this applies to the police officers on average who have put in almost thirty years of continued service so the applicability is relatively narrow again I wanted that to provide that opportunity for those who had retired state a year to ago without this being in place thank you for the clarification. The representative road you're recognized yes motion at a proper time. Are there any other questions by the committee. Is there anyone in the audience would like to speak for against this amendment. Representative rose. Your motion. Representative anchor you close for your men I am madam chairman What are the wishes of the well I've already got that of. All those in favor say aye. All those opposed. Representative ECR we have concurred in your men thank you. We have rivers representative Beatty would you like to present. a House bills. Eighteen twenty. Thank you Thank you. Representative Gilmore would you like. I'm tired Health I am so tired representative Beatty would you like to present. Your. All. Plates and to be honest recognize yourself. Five seventy six by mistake. Representative Howard baby District. We may have to recess go ahead please having to have a we haven't gaveled in yet. Okay representative Howard baby District ninety five. Bill. All well chairman of the public service commission. Madam chairman member of the committee on here present Senate bill five seventy six this Senate bills simply raises the cap from three million to five million dollars at the public service commission can spend on federal energy regulatory commission or FERC cases involving inter G. this is changed in an abundance of caution in case the need arises between sessions the president cap of three million dollars was set back in two thousand seven energy's not opposed and in fact is supportive of this measure no money will be spent on last A. L. C. approves a contract and at this time there are no plans to submit a contract for attorney fees that will entertain questions are there any questions about the committee. Is there anyone in the audience who would like to speak. For against this. Bill. Seeing pardon. Seeing none a representative body are you ready to close for your bill I'm close would appreciate a good motion do pass and pass the bill thank you. What are the wishes of the committee. All those in thank you representative Ladyman We have a motion do pass on. Senate bill. Five seventy six what all those in favor say aye. All those opposed thank you congratulations representative Beatty thank you madam chairman thank you members committee. We are adjourned.