Legislature(2015 - 2016)SENATE FINANCE 532

03/23/2015 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 30 Presentation: Overview FY17 Operating Budget TELECONFERENCED
Moved CSSB 30(FIN) Out of Committee
+ SB 64 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Moved CSSB 64(EDC) Out of Committee
+ SB 15 LIFE INSURANCE POLICY PREMIUM TAX TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 15                                                                                                            
                                                                                                                                
     "An Act  relating to  the tax  on policy  year premiums                                                                    
     for  life insurance  policies; relating  to single  and                                                                    
     group life  insurance policies;  and relating  to other                                                                    
     types  of insurance  policies that  insure the  life of                                                                    
     one or more individuals."                                                                                                  
                                                                                                                                
9:33:09 AM                                                                                                                    
                                                                                                                                
SENATOR   JOHN   COGHILL,   SPONSOR,  explained   that   the                                                                    
legislation would install eight-tenths  of a percent instead                                                                    
of  one-tenth  of  one percent  on  policies  that  exceeded                                                                    
$100,000.  He  stated  that  the  issue  was  broad  to  his                                                                    
attention as he was dealing  with some trust legislation for                                                                    
estate planning.  He remarked that  the bill came by  way of                                                                    
request, dealing with some of  the people that were involved                                                                    
in state planning.                                                                                                              
                                                                                                                                
GERMAN BAQUERO,  STAFF, SENATOR  COGHILL, remarked  that the                                                                    
legislation  would only  affects the  tax collected  on life                                                                    
insurance policies that exceed  $100,000 by changing the tax                                                                    
from   one-tenth  of   a  percent   to  0.08   percent.  The                                                                    
legislation also  added an  applicability that  would affect                                                                    
all future  life insurance policies from  December 31, 2015.                                                                    
He shared  that there was a  zero fiscal note that  was from                                                                    
the Division of  Insurance. He read from the  second page of                                                                    
the fiscal note:                                                                                                                
                                                                                                                                
     The reduction in  tax is expected to  have a negligible                                                                    
     fiscal  impact  on  the  Division,  as  the  amount  of                                                                    
     premium that is subject to  this tax is very small. The                                                                    
     potential increase  as a  result of  additional premium                                                                    
     sales is expected to negate  any reduction in revenues,                                                                    
     if  not  increase the  tax  revenues  beyond what  they                                                                    
     previously.                                                                                                                
                                                                                                                                
9:38:16 AM                                                                                                                    
                                                                                                                                
Senator Coghill Alaska  had been a main player  in the trust                                                                    
investment  strategy  in the  U.S.  He  remarked that  other                                                                    
states had followed Alaska's  strategy in trust investments.                                                                    
He felt  that legislation  would attract  further investment                                                                    
by reducing the tax rate.                                                                                                       
                                                                                                                                
Senator Olson  wondered how the  change affected  the policy                                                                    
purchaser or  the policy pay out  recipient. Senator Coghill                                                                    
stated  that legislation  would have  very little  effect on                                                                    
the purchaser or recipient.                                                                                                     
                                                                                                                                
Senator Olson surmised  that the purchaser would  not see an                                                                    
increase in the cost of  the premium. He further wondered if                                                                    
there were  consumer groups  that would  be affected  by the                                                                    
change. Senator  Coghill responded that the  estate planning                                                                    
industry   felt   the   legislation   was   a   benefit   to                                                                    
beneficiaries by the lower tax rate.                                                                                            
                                                                                                                                
Co-Chair  MacKinnon looked  at the  South Dakota  rates. She                                                                    
wondered  how Alaska  compared to  all states.  She remarked                                                                    
that the  rate was reduced  at the request of  the insurance                                                                    
companies.  Therefore  the  insurance  companies  benefitted                                                                    
from the change. She felt  that Alaska could obtain addition                                                                    
policies  that had  been lost  over some  of the  years. She                                                                    
wondered if Alaska wanted to  be number one in the insurance                                                                    
industry. Senator Coghill deferred to Mr. Baquero.                                                                              
                                                                                                                                
Mr.  Baquero explained  that the  intent of  the legislation                                                                    
was to remain competitive with the other states.                                                                                
                                                                                                                                
9:43:11 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon did not know  if the lower taxes would be                                                                    
good  for the  state. She  remarked that  the policies  were                                                                    
slightly  reduced,  but  noted  that the  only  people  that                                                                    
advocated for the legislation  were the insurance companies.                                                                    
Mr.  Baquero  replied  there  was   no  opposition  for  the                                                                    
legislation.  There  was  only support  from  the  insurance                                                                    
industry.                                                                                                                       
                                                                                                                                
Co-Chair  MacKinnon   noted  that  South  Dakota   taxed  on                                                                    
annuities,  but  Alaska did  not.  She  looked at  insurance                                                                    
policies under $100,000, Alaska  was taxing at two-tenths of                                                                    
a percent higher  than South Dakota. She  wondered why there                                                                    
was  not a  reduction  on the  under  $100,000. Mr.  Baquero                                                                    
replied that reducing the tax  for under $100,000 was also a                                                                    
policy issue.                                                                                                                   
                                                                                                                                
Senator Coghill furthered that the  issue was mostly related                                                                    
to estate planning in the trust industry.                                                                                       
                                                                                                                                
9:46:38 AM                                                                                                                    
                                                                                                                                
LINDA   HULBERT,  SELF,   FAIRBANKS  (via   teleconference),                                                                    
testified in support  of the legislation. She  felt that the                                                                    
insurance industry in Alaska should be competitive.                                                                             
                                                                                                                                
MATTHEW  BLATTMACHR, VICE-PRESIDENT,  ALASKA TRUST  COMPANY,                                                                    
ANCHORAGE (via teleconference), testified  in support of the                                                                    
legislation. He  remarked that  the insurance  companies may                                                                    
benefit from  increased business,  but the  legislation also                                                                    
benefitted the consumer. He stated  that the legislation was                                                                    
proposed to change the structure of the larger policies.                                                                        
                                                                                                                                
Senator Olson  wondered how to  reduce the  "frenzy" between                                                                    
Alaska and South Dakota. Mr.  Blattmachr replied that it was                                                                    
a valid  concern, which is  why the state was  only matching                                                                    
the rate in South Dakota.  He furthered that it was possible                                                                    
that South Dakota may lower  their tax structure, but shared                                                                    
that it was highly unlikely  because their tax structure had                                                                    
been established for a number of years.                                                                                         
                                                                                                                                
Vice-Chair Micciche wondered if  the bill required an annual                                                                    
review. Mr.  Blattmachr responded  that he  did not  know if                                                                    
there would  be an annual  review. He stated that  the issue                                                                    
was monitored by the industry.                                                                                                  
                                                                                                                                
9:54:30 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche  wondered  if there  were  people  that                                                                    
would switch their  date of service, because  of tax policy.                                                                    
Mr. Blattmachr  replied in the  affirmative. He  stated that                                                                    
trust  accounts  were  created to  purchase  life  insurance                                                                    
policies.                                                                                                                       
                                                                                                                                
DOUGLAS   BLATTMACHR,  PRESIDENT   AND  CEO,   ALASKA  TRUST                                                                    
COMPANY, ARIZONA  (via teleconference), spoke in  support of                                                                    
the legislation.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
MARTY  HESTER,  DEPUTY   DIRECTOR,  DIVISION  OF  INSURANCE,                                                                    
DEPARTMENT OF COMMERCE,  COMMUNITY AND ECONOMIC DEVELOPMENT,                                                                    
stated that he was available for questions.                                                                                     
                                                                                                                                
Co-Chair MacKinnon  wondered why Alaska wanted  to be number                                                                    
one on a taxation issue. Mr.  Hester responded that it was a                                                                    
policy  decision.  He explained  that  he  was available  to                                                                    
speak  to  the differences  in  premiums  from the  previous                                                                    
years versus the small amounts.                                                                                                 
                                                                                                                                
Co-Chair MacKinnon asked if he  had the current spreadsheet.                                                                    
Mr. Hester replied that he had the updated spreadsheet.                                                                         
                                                                                                                                
9:58:13 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:59:12 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:59:18 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon looked  at a  spreadsheet titled,  "Life                                                                    
Insurance Companies  Licensed in the State  of Alaska" (copy                                                                    
on file).  She queried the  difference in the  premiums. Mr.                                                                    
Hester replied  that he  had done  calculations on  2013 and                                                                    
2011, because they  were the smallest and  largest years. He                                                                    
explained that in 2011, if the  premium tax was reduced to a                                                                    
0.08 percent,  the difference to the  state collection would                                                                    
have been $88,656.  In 2013, the state  would have collected                                                                    
a difference of  $15,961. The amount of  the collected taxes                                                                    
would  vary depending  on the  premium amount.  He explained                                                                    
that  the increase  in 2011  was due  to a  policy that  was                                                                    
written in excess of $300 million.                                                                                              
                                                                                                                                
Co-Chair MacKinnon  wondered if he  said $3 million  or $300                                                                    
million. Mr. Hester replied that it was $300 million.                                                                           
                                                                                                                                
Senator Dunleavy  wondered if the bill  would translate into                                                                    
state investment in which companies  would hire more people.                                                                    
Mr.  Hester responded  that  he did  not  know the  business                                                                    
plans of the companies.                                                                                                         
                                                                                                                                
Senator Dunleavy stressed that he  would like to know if the                                                                    
companies  would pursue  instate hire.  Ms. Hulbert  replied                                                                    
that the Alaska  Trust Act passed in 1967  required that one                                                                    
must  have a  major asset  in Alaska  in order  to set  up a                                                                    
trust.  The Alaska  Trust,  and the  premium  tax bills  had                                                                    
added  financial  capacity  to  Alaskan banks,  as  well  as                                                                    
attracted many individuals to invest in the state.                                                                              
                                                                                                                                
Co-Chair  MacKinnon wondered  if  the  Alaska Trust  Company                                                                    
located  in   Alaska.  Mr.   Blattmachr  replied   that  the                                                                    
corporate headquarters were located in Alaska.                                                                                  
                                                                                                                                
Co-Chair MacKinnon  remarked that  there was a  letter which                                                                    
stated that 362  life insurers were licensed  to do business                                                                    
and none  were domiciled  in the state.  She asked  for more                                                                    
information. Mr. Hester replied  that a domesticated insurer                                                                    
was  an  insurance company  that  was  based in  Alaska.  He                                                                    
stated that Alaska had seven  domesticated insurers, and the                                                                    
majority  were property  and  casualty  insurers. He  stated                                                                    
that  the life  insurers were  domesticated in  other states                                                                    
and  were admitted  to write  in  any state  they decide  to                                                                    
conduct business.                                                                                                               
                                                                                                                                
10:05:49 AM                                                                                                                   
                                                                                                                                
Senator   Olson  felt   suspicion   when  the   corporations                                                                    
attempted to  speak in  favor of  consumers. He  wondered if                                                                    
there was an  effect on the consumers.  Mr. Hester responded                                                                    
that the  premium must reflect  the risk if the  premium was                                                                    
less, and  the premium  taxes were built  into the  price of                                                                    
the premium. He  stressed that each risk  must be determined                                                                    
on its own merit.                                                                                                               
                                                                                                                                
Senator  Olson surmised  that consumer  groups  would be  in                                                                    
favor of  the legislation.  Mr. Hester  replied that  he had                                                                    
not   heard  from   any   consumer   groups  regarding   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche  noted  that  there  was  an  estimated                                                                    
$16,000  reduction in  taxes. He  wondered if  there was  an                                                                    
anticipated increase  to make up the  difference in revenue.                                                                    
Mr. Hester replied that there  could one or many policies to                                                                    
make up the difference in revenue.                                                                                              
                                                                                                                                
Vice-Chair Micciche  wondered if there was  a national trend                                                                    
for  a  reduction in  life  insurance  policies. Mr.  Hester                                                                    
replied that  he was  not aware  of a  trend, and  agreed to                                                                    
provide more information.                                                                                                       
                                                                                                                                
Vice-Chair   Micciche  remarked   that   the  state   should                                                                    
understand the policy, and there should be some resistance.                                                                     
                                                                                                                                
SB  15  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:10:22 AM                                                                                                                   
RECESSED                                                                                                                        
                                                                                                                                
12:14:00 PM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 64 - Explanation of Changes.pdf SFIN 3/23/2015 9:00:00 AM
SB 64
SB 64 - Sectional Analysis.pdf SFIN 3/23/2015 9:00:00 AM
SB 64
SB 64 - Sponsor Statement.pdf SFIN 3/23/2015 9:00:00 AM
SB 64
SB 64 EDC- Sectional Analysis.pdf SFIN 3/23/2015 9:00:00 AM
SB 64
SB 15 Sponsor Substitute Letter of Support.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Original Statute.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research Alaska Life Insurance Facts.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research Copy of Life Premium Taxes.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research Life Insurance Industry.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research on AK Life Insurance Companies.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research on Revenue.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Research South Dakota Law.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Sectional Analysis.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 15 Sponsor Substitute Sponsor Statement.pdf SFIN 3/23/2015 9:00:00 AM
SB 15
SB 30 Public Testimony - Opposition to version X - Hale.pdf SFIN 3/23/2015 9:00:00 AM
SB 30
SB 30 work draft Version V.pdf SFIN 3/23/2015 9:00:00 AM
SB 30
SB 30 Version V Amendment 1.pdf SFIN 3/23/2015 9:00:00 AM
SB 30