Legislature(1997 - 1998)

05/05/1998 02:00 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 490                                                             
                                                                               
"An Act relating to insurance premium taxes."                                  
                                                                               
JAMES HORNADAY, STAFF, REPRESENTATIVE PETE KOTT testified in                   
support of HB 490.  He explained that Representative Kott                      
sponsored the legislation by request.  The legislation                         
exempts premiums paid by employers who participate in the                      
Public Employees' Retirement System (PERS) or in the                           
Teachers' Retirement System (TRS) and premiums paid under                      
contracts purchased under AS 39.30 from the tax levied on                      
insurers in AS 21.09.310.  He maintained that the                              
legislation would encourage participation in these programs                    
and assist individual employees.                                               
                                                                               
REPRESENTATIVE JOE RYAN addressed section 3.  He noted that                    
the state of Alaska charges a 2.7 percent yearly premium                       
tax.  No premiums are written in Alaska with a value of $100                   
hundred thousand dollars or more.  There are approximately                     
12,000 premiums written offshore.  Insurance polices are                       
written for $500 million to several billion dollars with                       
premiums as high as $200 million dollars a year.  The                          
principle is put into a trust for the beneficiary at the                       
death of the policyholder.  This is considered a gift.  The                    
55 percent state tax is not applicable on the trust.  He                       
noted that the legislation would allow Alaska to be                            
competitive by reducing the premium tax on policies greater                    
than $100 thousand dollars a year to one-tenth of one                          
percent.  He noted that offshore jurisdictions have no                         
premium tax.                                                                   
                                                                               
JERRY REINWAND, LOBBYIST, BLUE CROSS BLUE SHIELD, JUNEAU                       
explained in response to a question by Representative Kelly,                   
that the basic question is whether public entities should be                   
subject to the tax.  He noted that the state of Washington                     
passed legislation in 1994, which raised their tax to 2                        
percent.  The retaliatory tax was implemented in response to                   
the state of Washington's tax.  The state of Alaska exempted                   
itself from the tax.  The statute remained silent in regards                   
to the University of Alaska.  He believes that the                             
University is a state entity and is covered by the                             
exemption.  He questioned if school districts and                              
municipalities would fall under the law.  He noted that                        
there would be a loss in revenue from the repeal of the                        
retaliatory tax.  He noted that Blue Cross is the only                         
company that is subject to the retaliatory tax, since it is                    
the only company that sells insurance in the state of                          
Washington and the state of Alaska.  He estimated that the                     
loss in income would be $250 thousand dollars.                                 
                                                                               
Co-Chair Therriault expressed concern that another state's                     
legislature is impacting the premiums charged in the state                     
of Alaska.                                                                     
                                                                               
Mr. Reinwand noted that there is a question in regards to                      
the state's taxing authority and taxing of political                           
subdivisions.                                                                  
                                                                               
Representative Martin asked if the law should be repealed.                     
                                                                               
Representative Ryan noted that there are no Alaskan based                      
health insurance companies.                                                    
                                                                               
Representative Davies referred to page 2, line 16.  He                         
questioned if other taxation issues would be affected by the                   
change from section to chapter.  Co-Chair Therriault noted                     
that both the retaliatory and premium taxes would be                           
affected.  He stated that he would offer an amendment to                       
make reference specifically to the retaliatory section AS                      
21.09.027.                                                                     
                                                                               
Representative Ryan noted that New York Life recently sold                     
NYLCare.  New York Life is considering opening a full owned                    
subsidiary in Alaska to sell life insurance.                                   
                                                                               
Co-Chair Therriault noted that section 3 pertains to the                       
retaliatory tax.  He observed that there are municipalities                    
and school districts that would benefit from sections 1 and                    
2.                                                                             
                                                                               
ED LINGUIST, ANCHORAGE SCHOOL DISTRICT, ANCHORAGE spoke in                     
support of the legislation.  He noted that the District is                     
paying the retaliatory tax. Each employee pays approximately                   
$120 dollars a year.  He observed that state employees do                      
not have to pay the tax.                                                       
                                                                               
BARBARA HUFF TUCKNESS, TEAMSTERS UNION spoke in support of                     
HB 490.  She noted that teamster members working for the                       
Anchorage School District would be impacted by the                             
legislation.                                                                   
                                                                               
In response to a question by Representative Martin, Ms. Huff                   
explained that the tax is charged based on the company's                       
place of domicile.                                                             
                                                                               
MARIANNE BURKE, DIRECTOR, DIVISION OF INSURANCE, DEPARTMENT                    
OF COMMERCE AND ECONOMIC DEVELOPMENT spoke in support of the                   
legislation.  She observed that there is an exemption for                      
the state of Alaska and insurance purchased under Title 9.                     
She observed that there are differing attorney general                         
decisions regarding whom is covered under Title 9.  Some                       
governmental entities and political subdivisions are paying                    
premium tax.  The premium tax is 2.7 percent charged on the                    
gross.  She stressed that it is difficult to enforce.  An                      
attempt has been made to identify who would qualify.  Some                     
political subdivisions cannot afford to belong to PERS.  She                   
noted that the state of Washington changed the tax on                          
companies headquartered in that state.  As a result the                        
premiums collected under Washington law was higher.  The                       
retaliatory tax was created to protect health insurance                        
companies headquarter in Alaska.  She noted that there are                     
no health insurance companies domiciled in Alaska.  Premiums                   
collected in the state of Alaska were approximately $1                         
million dollars in 1995.  Blue Cross is the only company                       
affected since it is the only carrier domiciled in the state                   
of Washington that is doing business in Alaska.  She noted                     
that Aetna is domiciled in the state of Connecticut.  Blue                     
Cross is at a competitive disadvantage.  She urged the                         
Committee to identify the definition of political                              
subdivision.                                                                   
                                                                               
Co-Chair Therriault questioned if the retaliatory tax should                   
be repealed.  Ms. Burke noted that if a company was                            
domiciled in Alaska that the retaliatory tax may need to be                    
revisited.                                                                     
                                                                               
In response to a question by Representative Martin, Ms.                        
Burke stated that any change would have to be initiated by                     
the state of Alaska.  She emphasized that the "playing                         
field" is uneven and stated that the appropriate place to                      
address the problem is in the Alaskan legislature.                             
                                                                               
Representative Mulder asked the fiscal cost of sections 1                      
and 3.  Ms. Burke noted that the fiscal impact for sections                    
1 and 3 is unknown.  The 2.65 million-dollar fiscal note                       
only pertains to section 2.  She explained that some                           
governmental entities are being taxed that were not intended                   
to be taxed.  She suggested that the tax be evenly applied.                    
She pointed out that there is no data to quantify the amount                   
of retaliatory tax being collected on school districts,                        
municipalities, REAA's and other political subdivisions.                       
The fiscal note is based on attached assumptions.                              
                                                                               
(Tape Change, HFC 98 - 153, Side 2)                                            
                                                                               
Ms. Burke explained that the retaliatory tax was first                         
collected in 1996.  Blue Cross filed for a refund based on                     
the ambiguity of the law.  The refund is still pending.                        
                                                                               
Representative Davies questioned if political subdivision                      
needs to be clarified.  Ms. Burke observed that political                      
subdivision is defined in AS 01.10.060.  However, it                           
includes municipalities but not boroughs and school                            
districts.  Case law has held that boroughs and school                         
districts are political subdivisions.  Ms. Burke noted that                    
it is questionable if the Public Employees Retirement System                   
(PERS) is a political subdivision.                                             
                                                                               
Representative Davies asked if employers that participate in                   
PERS and TRS would be exempt under this section.  Ms. Burke                    
expressed concern that their exemption would lead other                        
entities to request exemptions.  She noted that there are                      
governmental entities that are not included under PERS and                     
TRS.                                                                           
                                                                               
In response to a question by Representative Davies, Ms.                        
Burke noted that AS 39.30 is the statute that exempts the                      
state of Alaska from collecting premium tax on itself.                         
                                                                               
Representative Davies questioned if the intent is to exempt                    
political subdivisions.  Ms. Burke suggested that political                    
subdivisions include a city, municipality, borough, public                     
school district, Rural Education Attendance Area (REAA),                       
public school, university or community college.                                
                                                                               
Representative Davies noted that "municipality" is defined                     
under AS 29.71.800 as a political subdivision incorporated                     
under state law.                                                               
                                                                               
Co-Chair Therriault suggested that the Committee not try to                    
distinguish between the municipality of Anchorage and the                      
Parking Authority in regards to the exemption.  He thought                     
that the retaliatory tax should be repealed. He emphasized                     
that the decision of charging a premium tax on political                       
subdivisions and the definition of political subdivision                       
should be held for further discussion.  He noted that                          
sections 1 and 3, which would reduce tax on life insurance                     
policies could be positive for the state of Alaska.                            
                                                                               
Co-Chair Therriault proposed that section 2 be deleted and a                   
new section be added to repeal AS 21.09.270.                                   
                                                                               
Representative Davies suggested that the retaliatory tax in                    
section 2 would be beneficial if an Alaskan insurance                          
business were in operation.  Co-Chair Therriault noted that                    
the retaliatory tax has been in existence since 1966.  There                   
have been no Alaskan insurance companies during this time.                     
                                                                               
In response to a question by Co-Chair Therriault, Ms. Burke                    
explained that sections 1 and 3 would attract policies                         
written in the state of Alaska.  The insurance companies do                    
not have to be domiciled in Alaska.                                            
                                                                               
Representative Davies noted that Blue Cross has already paid                   
the retaliatory tax.  Ms. Burke observed that Blue Cross is                    
one of the largest insurance writers for municipalities,                       
boroughs, and school districts.  She observed that the state                   
of Alaska pays and collects the tax for these political                        
subdivisions.  Co-Chair Therriault noted that other private                    
businesses and individuals are also paying the retaliatory                     
tax.  He questioned the cost to the State of repealing the                     
tax.  Ms. Burke observed that Blue Cross pays approximately                    
$1 million dollars a year.  She observed that Blue Cross                       
requested the legislation.  The Division of Insurance agrees                   
that the retaliatory tax is unfair.                                            
                                                                               
Co-Chair Therriault MOVED to delete section 2 and add a                        
section repealing AS 21.09.270.  There being NO OBJECTION,                     
it was so ordered.  He noted that there would be a revised                     
fiscal note.                                                                   
                                                                               
Representative Mulder MOVED to report CSHB 490 (FIN) out of                    
Committee with the accompanying fiscal note.    Co-Chair                       
Therriault clarified that the immediate effective date would                   
remain.  There being NO OBJECTION, it was so ordered.                          
                                                                               
CSHB 490 (FIN) was REPORTED out of Committee with "no                          
recommendation" and with a fiscal impact note by the                           
Department of Commerce and Economic Development.                               

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