STAND. COM. REP. NO. 1521

Honolulu, Hawaii

, 2005

RE: S.B. No. 1802

S.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 1802, 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 the captive insurance law by removing unnecessary regulation and providing greater clarity and direction by:

(1) Reflecting the law's broader application to legal entities by replacing references to "companies" with references to "entities" in the definitions and related sections of the captive insurance law;

(2) Providing a cross reference to requirements for service of process upon the Insurance Commissioner (Commissioner) as an agent for a captive insurer;

(3) Repealing the cumbersome and unnecessary prohibition against a risk retention captive stockholder's ownership of more than ten percent of outstanding stock; and

(4) Giving the Commissioner the flexibility to conduct an examination of a captive insurance company once every five years, rather than once every three years, provided that the captive insurance entity has already undergone a triennial examination.

The Department of Commerce and Consumer Affairs and several concerned individuals testified in support of this bill.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1802, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT TAKAMINE, Chair