Legislature(1993 - 1994)

03/12/1994 10:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SB 225 INSURANCE TAX CREDIT:GIFTS TO COLLEGES                                
                                                                               
       An Act relating  to credits  against certain  insurance                 
       taxes   for   contributions   to  certain   educational                 
       institutions; and providing for an effective date.                      
                                                                               
  Co-chair  Pearce  directed that  SB  225 be  brought  on for                 
  discussion  and   referenced  the   Senate  HESS   Committee                 
  Substitute for the  bill.  Senator Kerttula, sponsor  of the                 
  legislation,  noted  that  private   institutions  statewide                 
  relieve a substantial  taxpayer burden.   He explained  that                 
  the proposed bill would extend tax credits for contributions                 
  to  private  educational   institutions  to  the   insurance                 
  industry.                                                                    
                                                                               
  CAROL CARROLL, aide to Senator  Kerttula, reiterated that SB
  225  would extend an existing tax  credit to title companies                 
  and  insurance companies.   Those entities were  left out of                 
  prior legislation providing  for the credit because  they do                 
  not  pay corporate income tax.  They  do, however, pay a tax                 
  on  their  premiums.    Since  tax  provisions  relating  to                 
  premiums were not  amended when  tax credit legislation  was                 
  passed, insurance companies  are unable to  avail themselves                 
  of the credit.  SB 225 would allow them to do so.  It limits                 
  the credit to 50% of the first $100.0 and 100% of the second                 
  $100.0.  Credit  is further limited to 50% if  the total tax                 
  liability  is  less than  $150.0.    In 1993,  the  Dept. of                 
  Revenue  provided  $533.0  in  tax  credits  to   qualifying                 
  corporations that donated to educational institutions.                       
                                                                               
  AL  ALVAREZ,  Vice President,  University  Relations, Alaska                 
  Pacific University, came before committee urging support for                 
  the  bill.    He reiterated  that  insurance  companies were                 
  inadvertently not included  in earlier legislation  allowing                 
  for the tax credit  because they pay taxes under  a separate                 
  section  of the  tax code.   The  tax credit has  provided a                 
                                                                               
                                                                               
  significant  amount  toward  long-term  financial health  of                 
  Alaska Pacific.   Added revenue from the  insurance industry                 
  would be most beneficial.                                                    
                                                                               
  Senator  Kelly  asked  how  receipts  from tax  credits  are                 
  budgeted by the University of Alaska.  Co-chair Frank voiced                 
  his understanding they would be included in the budget under                 
  "other . . . receipts."                                                      
                                                                               
  Discussion  of   donations  to  the  University   of  Alaska                 
  followed.   Carol Carroll referenced  a University  position                 
  paper indicating that  the University  raised "close to  $12                 
  million over the past two years."                                            
                                                                               
  Senator  Kerttula  attested to  differences  in the  cost of                 
  course offerings between the University and  Alaska Pacific,                 
  and spoke to need for continued private sector comparison as                 
  a means of measuring University of Alaska performance.                       
                                                                               
  In response  to a question  from Senator Kelly,  Mr. Alvarez                 
  advised that Alaska Pacific received  "close to $900.0" from                 
  existing  tax  credits.   He  further advised  that momentum                 
  generated  by  the credit  creates  a springboard  for other                 
  gifts.                                                                       
                                                                               
  Senator Sharp asked how  many non-profit, public/private two                 
  or four-year accredited schools in  Alaska would qualify for                 
  the  credit,  besides  the  University and  Alaska  Pacific.                 
  Senator  Kerttula  noted  Sheldon Jackson.    The  credit is                 
  presently limited to those three institutions.                               
                                                                               
  Co-chair   Frank   inquired   concerning   the   number   of                 
  corporations receiving the  credit.  Mr. Alvarez  advised of                 
  five gifts--three from the  oil industry and two  from other                 
  sources.  Alaska Pacific has twice that number  of prospects                 
  in terms of companies that are "ready to give."                              
                                                                               
  LARRY  MEYERS, Director,  Income  and  Excise Tax  Division,                 
  Dept.  of  Revenue, next  came  before committee.   Co-chair                 
  Frank renewed  questions concerning  the number of taxpayers                 
  involved in the credit.   Mr. Meyers explained that,  for FY                 
  93, the  department received $142  million from oil  and gas                 
  corporations  and  other potentially  eligible corporations.                 
  When oil and  gas tax  payments are deducted,  approximately                 
  $25 million remains.   He said  he would provide figures  on                 
  corporate involvement.                                                       
                                                                               
  Senator Sharp  voiced  concern  that  should  an  individual                 
  income tax be reinstated in the future, individuals will  be                 
  treated much differently  than corporations in terms  of tax                 
  credits for gifts to educational institutions.                               
                                                                               
  JOHN TALLY, Financial Examiner, Division of Insurance, Dept.                 
  of Commerce  and Economic  Development, briefly  came before                 
                                                                               
                                                                               
  committee.    He  explained that  1,200  to  1,400 insurance                 
  companies pay premium taxes.   Co-chair Frank pointed to the                 
  ($900.0)  fiscal  note from  the  department and  voiced his                 
  understanding that if universities are aggressive in seeking                 
  contributions, the note could be  substantially higher.  Mr.                 
  Tally concurred.  Co-chair Frank  asked for  a breakdown  of                 
  premium tax payments made by insurance companies.  He voiced                 
  support for Universities  but noted  need to understand  the                 
  potential  for draining the  treasury.  Mr.  Tally agreed to                 
  provide the information.                                                     
                                                                               
  Senator   Sharp   inquired   regarding   expenditures   from                 
  foundations.  Co-chair  Frank voiced his  understanding that                 
  moneys  expended  by  the University  of  Alaska  would flow                 
  through the budget process.  Senator Kelly stressed need for                 
  accountability of those moneys.   Co-chair Frank attested to                 
  his  understanding that  the earlier  mentioned $12  million                 
  went into  a  fund,  and  only  the  interest  therefrom  is                 
  expendable.     Co-chair  Pearce   asked  if   contributions                 
  resulting  in tax  credits  are required  to  accrue to  the                 
  University of Alaska foundation.   Both Senator Kerttula and                 
  Carol  Carroll   advised  that  they  did  not   know.    No                 
  representatives of the  University were present to  speak to                 
  the issue.   Senator Kelly again  stressed need to know  how                 
  the money is accounted for by the University.                                
                                                                               
  Senator  Kerttula  MOVED  that  CSSB  225 (HESS)  pass  from                 
  committee with individual recommendations.   He told members                 
  he would procure the information sought by Senator Kelly and                 
  provide it  prior to  floor action  on the  bill.   Co-chair                 
  Frank pointed  to the  University position  paper indicating                 
  that the majority of the funds would accrue to endowments to                 
  provide  benefits to  student  "far into  the  future."   No                 
  objection having been  raised, CSSB 225 (HESS)  was REPORTED                 
  OUT  of committee with a zero  fiscal note from the Dept. of                 
  Revenue and a note  from the Dept. of Commerce  and Economic                 
  Development showing  revenue  reductions of  ($900.0).   Co-                 
  chairs Pearce and  Frank and  Senators Kelly, Kerttula,  and                 
  Rieger  signed  the  committee  report   with  a  "do  pass"                 
  recommendation.  Senators Jacko and Sharp signed "no rec."                   
                                                                               

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