STAND. COM. REP. 1185

Honolulu, Hawaii

, 2003

RE: S.B. No. 1200

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 1200, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAPTIVE INSURANCE,"

begs leave to report as follows:

The purpose of this bill is to improve Hawaii's captive insurance company law under article 19 of the Insurance Code by:

(1) Authorizing persons in addition to a captive insurer's president and secretary to act as signatories on the insurer's letter of financial condition;

(2) Clarifying the applicability of insurer annual requirements and limiting provisions under part III of article 3 of the Insurance Code, to captives; and

(3) Making other clarifying, housekeeping amendments to the captive insurance company law, including the replacement of existing language with more appropriate insurance terminology.

Testimony in support of this bill was received from the Bank of Hawaii and two attorneys. The Department of Commerce and Consumer Affairs presented comments on this measure.

Your Committee finds that this bill will further enhance Hawaii's attractiveness as a captive insurance company haven by providing greater internal consistency within the State's captive insurance company law.

Your Committee further finds that this bill will expedite reports to the Insurance Commissioner by allowing any two principal officers, or an attorney-in-fact in the case of a captive insurance company formed as a reciprocal insurer, to sign statements or documents required by the Insurance Commissioner. Your Committee notes that captives formed as reciprocal insurers are unincorporated associations without officers that utilize an attorney-in-fact to conduct their operations.

Your Committee has amended this bill by making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1200, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1200, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

____________________________

KENNETH T. HIRAKI, Chair