NCOIL Web Site Action Seen, ?Cynical,' ?Outrageous'

By Daniel Hays and Jim Connolly

NU Online News Service, Jan. 28, 3:26 p.m. EST?Action by the National Conference of Insurance Legislators to restrict access and charge for some information on its Web site has drawn criticism from a consumer representative and industry publications.[@@]

The new policy for the www.ncoil.org site, which takes effect Sunday, was also criticized by Charles N. Davis, executive director of the Freedom of Information Center at the University of Missouri School of Journalism in Columbia, Mo., who called the action "cynical." J. Robert Hunter, director of Insurance for the Consumer Federation of America in Washington, said it was "truly an outrage."

Objections were also voiced by the Sam Friedman, editor-in-chief of National Underwriter's property and casualty edition, and Alan Prochoroff, editor of Insurance Compliance Week. Under the new access policy, media outlets can contact NCOIL to obtain copies of "non-public" documents "with the clear stipulation that the information shall not be distributed beyond that reporter," the group said.

Mr. Prochoroff wrote Ms. Frick to say he agreed with Mr. Hunter, adding that "restricting access to the press, who are working in the public interest, is also bad policy."

Mr. Friedman said he would outline his objections in his column, "A View From The Press Box," in Monday's edition of National Underwriter. "I rarely see eye-to-eye with Bob Hunter, but I support him 100 percent on this issue," Mr. Friedman writes in the column. "There is no way a group of public officials should keep information about the public's business from the public?unless, that is, they can afford to pay to see it, and are willing to pay for the privilege!"

Candace Frick, NCOIL's director of legislative affairs and education, said other organizations have taken similar Web site action and legislators felt the change would lead to increased attendance at NCOIL meetings.

NCOIL, based in Albany, N.Y., said the change will make private portions of the site containing NCOIL-adopted model legislation and resolutions, reports and issue briefs, as well as future NCOIL meeting minutes and meeting reports. Working drafts will remain accessible to everyone until they are adopted.

The organization said that registrants for future NCOIL meetings will be given temporary passwords, which will grant access to material related to that conference, minutes and meeting reports for several months following.

Those who do not attend an NCOIL meeting will be charged a fee for that conference's minutes and meeting report. Additional fees will be charged for access to NCOIL model bills and resolutions that are adopted.

Ms. Frick said she did not have price information immediately available because "we're fine tuning the fee schedule." She said NCOIL made the move in reaction to comments made to legislators to the effect that: "We don't need to join NCOIL or go to meetings. We can go on the Web site and get everything."

Closing off meeting data is "not by any means meant to close off access. It's to preserve the entity, not to shut people out," said Ms. Frick. Legislators, she explained, were "increasingly concerned we were giving too much away on our Web site and we had to stem that."

Mr. Hunter said NCOIL's action set up an unnecessary barrier between the public and an organization dominated by insurance company delegates at meetings attended by part-time legislators who often work in insurance.

Ms. Frick said the organization does waive attendance fees for four consumer representatives, but doesn't have the money to pay their expenses as does the National Association of Insurance Commissioners.

In an e-mail response to Mr. Hunter, Ms. Frick said that NCOIL "appreciates your concerns," adding that the group's Business Planning Committee would "further discuss the question of consumer access to the Web site" at its meeting in San Antonio, Feb. 26-to-29.

Mr. Davis at the Freedom of Information Center said that closing the NCOIL site, while "not a violation of any one state's sunshine laws?is a cynical manipulation of the spirit of public lawmaking."

Robert Freeman, executive director of the New York Department of State's Committee on Open Government?which, like NCOIL, is based in Albany?said NCOIL is "not government," and thus would not be covered by freedom of information law. However, he added, any documents NCOIL provides to state insurance departments would be subject to FOI law and public inspection.

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NCOIL Web Site Action Seen, ?Cynical,' ?Outrageous'

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