Legislature(1997 - 1998)

05/01/1998 03:32 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 490 - INSURANCE PREMIUM TAX                                                 
                                                                               
Number 0474                                                                    
                                                                               
CHAIRMAN ROKEBERG announced the committee's next order of business             
was HB 490, "An Act relating to insurance premium taxes."                      
                                                                               
Number 0500                                                                    
                                                                               
JAMES HORNADAY, Legislative Assistant to Representative Pete Kott,             
came forward to present HB 490.  He stated HB 490 was introduced by            
request; it exempted certain premiums paid by employers                        
participating in the Public Employees Retirement System (PERS) of              
Alaska or in the Teachers Retirement System (TRS) of Alaska, and               
premiums paid under contracts purchased under AS 39.30 from the tax            
levied on insurers found in AS 21.09.210.  He stated, "This                    
amendment, we hope, will encourage participation in the systems                
(indisc.) it will strengthen those programs as well as assist the              
individual employees in those systems."  Mr. Hornaday said he                  
understood, from brief discussions with Representative Ryan and                
also the director of the Division of Insurance, there was an                   
amendment which Representative Kott did not oppose, and which Mr.              
Hornaday said he was told would make this an even better bill.  The            
sponsor statement read:                                                        
                                                                               
     Current Alaska law (AS 21.09.210(I)) prohibits taxes of                   
     any kind from being imposed on insurance premiums paid by                 
     the State.  However, buried in Alaska's voluminous                        
     insurance laws is a provision which could be interpreted                  
     to require the Director of Insurance to levy a unique                     
     type of premium tax on certain health insurance policies                  
     issued to the University of Alaska, municipalities and                    
     school districts.                                                         
                                                                               
     HB 490 leaves in place this seldom used tax but clarifies                 
     that the tax does not apply to health insurance premiums                  
     written to the University of Alaska, municipalities and                   
     school districts.                                                         
                                                                               
     The public policy issue which HB 490 clarifies is that                    
     the State of Alaska will not impose a tax on health                       
     insurance sold to the University of Alaska,                               
     municipalities and school districts.  To impose a "back                   
     door" health insurance tax on the University and the                      
     State's political subdivisions makes no sense from either                 
     a policy or fiscal perspective.                                           
                                                                               
     I urge your support of the legislation.                                   
                                                                               
Number 0600                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated the committee had distributed to the               
members a May 1, 1998, letter from the Anchorage school district               
written by Mr. Lindquist.  Chairman Rokeberg asked Mr. Hornaday if             
he wished to speak to the provisions on the "jumbo" insurance.                 
                                                                               
MR. HORNADAY deferred to Mr. Reinwand.                                         
                                                                               
Number 0656                                                                    
                                                                               
JERRY REINWAND, Lobbyist for Blue Cross Blue Shield Alaska (Blue               
Cross), came forward to testify.  He noted they had put some                   
information in the bill packets.  Mr. Reinwand indicated some                  
information the director of the Division of Insurance somehow                  
unhappy with an aspect of this information and he apologized.  Mr.             
Reinwand summarized the issue in Blue Cross's view, stating,                   
"Should insurance that is sold by Blue Cross and any other insurer             
to municipalities, school districts, REAAs [Rural Education                    
Attendance Areas] -- there's a question about whether the                      
university is covered or not covered.  The premium tax has never               
been collected on the university, but there has been a debate about            
whether they're in or they're out.  The bottom-line question is:               
Should those insurance policies be taxed for public entities?  The             
state -- there's a specific provision in the insurance code that               
exempts the state when the state was purchasing insurance before it            
went  self-insured that exempted the state from paying taxes on any            
insurance that they bought.  And at least us, and again we may ...             
be open to error on this, but that's - that's really what we                   
believe the public policy is, should the legislature or should                 
anyone impose a tax on insurance purchased by public entities other            
than the state.  ... The Section 2 of the ... proposed committee               
substitute basically says that if you're a member of PERS or ...               
TRS, you do not have to pay the tax.  ... That is an                           
oversimplification, but that's the basic issue."  Section 2 of                 
Version E read:                                                                
                                                                               
     * Sec.2.  AS 21.09.210(i) is amended to read:                             
                                                                               
          (i) Premiums paid by the state, premiums paid by                     
     employers who participate in the Public Employees'                        
     Retirement System of Alaska or in the Teacher's                           
     Retirement System of Alaska, [FOR INSURANCE POLICIES] and                 
     premiums paid under contracts purchased under the                         
     provisions of AS 39.30 are exempt from taxation under                     
     this chapter [SECTION].  An insurer may not include the                   
     tax imposed under this section in a premium charged on an                 
     insurance policy or contract purchased by the state under                 
     the provisions of AS 39.30.  An insurer may claim the                     
     exemption on forms provided by the division of insurance.                 
                                                                               
Number 0758                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated Mr. Reinwand mentioned there was a                 
problem with the information Blue Cross had given the committee.               
The chairman said he was not quite sure what Mr. Reinwand had been             
referring to.                                                                  
                                                                               
Number 0766                                                                    
                                                                               
MR. REINWAND said he would let the director of the Division of                 
Insurance speak to it.                                                         
                                                                               
CHAIRMAN ROKEBERG confirmed Blue Cross supported the legislation.              
                                                                               
MR. REINWAND answered in the affirmative.                                      
                                                                               
Number 0790                                                                    
                                                                               
REPRESENTATIVE COWDERY asked Mr. Reinwand to elaborate on his                  
comments about the university.                                                 
                                                                               
Number 0798                                                                    
                                                                               
MR. REINWAND indicated Wendy Redman, Vice President for Government             
Relations, University of Alaska, was present and should speak to               
that.  Mr. Reinwand stated, as he understood it, Blue Cross has had            
discussions with the division but the tax has never been imposed,              
nor has the tax ever been collected on the University of Alaska.               
He indicated HB 490 would clearly say that in no event would it                
ever happen, noting insurance directors change and it could be                 
something that might be done differently in the future.  He said it            
was clear that there was that possibility for other public entities            
and the real question was, "In effect, should you tax public                   
entities?"  He noted Blue Cross did not think they should.                     
                                                                               
Number 0838                                                                    
                                                                               
CHAIRMAN ROKEBERG stated, "So your testimony, Mr. Reinwand, is the             
university's been skating on this one."                                        
                                                                               
MR. REINWAND said that was not his testimony.                                  
                                                                               
Number 0868                                                                    
                                                                               
ED LINDQUIST, Director, Contract Administration/Benefits, Anchorage            
School District, testified via teleconference from Anchorage.  He              
stated the district's primary interest in this was that it was                 
funded in large part by the state so the district was, in effect,              
just sending money back to the state that the state had sent it.               
He said, "We are under a minimum contract where ... insurance                  
companies that would administer our plan, but it's the funds of the            
district which are provided by the state that really manage the                
plan.  What essentially happens, then, that we are supported by                
funding and then the premiums, which either the district pays or               
the employee, ... the premium is then raised by that amount until              
the money simply comes back.  Our concern is, and particularly in              
recent years, and I could probably have seven or eight employee                
groups here to testify, but I don't think you would want to spend              
that amount of time, is, in recent year, the employee contributions            
have gone up significantly because the district has not had enough             
money to fund any portion of the premium to a greater extent then              
it did about six years ago.  Consequently this is a directly a tax             
on the employee when the premium is paid, the employee and the                 
premium increases.  That 2 percent comes directly out of the                   
employee's pocketbook and it's kind of negative direction,                     
particularly in - in terms of the way wages and salaries have been             
virtually frozen for the last several years.  So consequently it               
really is a negative thing."                                                   
                                                                               
Number 0987                                                                    
                                                                               
MR. LINDQUIST continued, "Our belief is that if this applies to                
state employees and other agencies in the state who are funded by              
the state, that the same principles and policies ought to apply to             
employees of the school district.  (Indisc.) that's our position,              
it really doesn't matter which insurance company it may happen to              
be at any given time.  Our concern is that we think we're spending             
time (indisc.) around money coming to us and sending it back in a              
manner that's not particularly efficient and secondly, it is a wage            
tax in a sense on employees who are paying a higher premium than               
they would otherwise have to pay when their salaries and wages are             
funded primarily by the state."  He indicated that summed up his               
comments.                                                                      
                                                                               
Number 1043                                                                    
                                                                               
LINDA HULBERT testified next via teleconference from Fairbanks.                
She stated she had lived in Fairbanks for 30 years and was an                  
insurance agent.  Ms. Hulbert testified in favor of the amendment              
to HB 490.  She stated the proposal was that state premiums had to             
be paid at the usual 2.7 percent for individual life insurance                 
policies, up to $100,000 per year, which she said would yield the              
state about $2,700; she indicated the state premium tax would then             
be decreased on amounts above $100,000 per year.  Ms. Hulbert                  
stated there were not very many premiums in the state of Alaska for            
individual life insurance exceeding $100,000 per year and                      
continued, "With the advent of the Alaska Trust Act, we have had a             
significant increase in the amount of trust and the interest in                
doing trust business in the state of Alaska.  I've had the                     
privilege of traveling all around the United States working with               
attorneys, working with accountants, and working with insurance                
agents to publicize and let people know about the Alaska Trust                 
Act."  She said the state premiums had been an been an issue, not              
just with other states, but also in placing trusts in foreign                  
jurisdictions.  In foreign jurisdictions there were, she said, of              
course, no premium tax at all.  She asked the committee's                      
consideration of this amendment, she thought it was very favorable,            
a revenue enhancer to the state of Alaska, and would certainly                 
encourage large insurance policies to be placed in Alaska trusts.              
She said it would make the state much more competitive in the                  
marketplace.                                                                   
                                                                               
Number 1136                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated Ms. Hulbert had said there were very               
few policies of that amount in Alaska.  He asked if there were any             
such policies.                                                                 
                                                                               
Number 1143                                                                    
                                                                               
MS. HULBERT stated she did not know and deferred that question to              
the director of the Division of Insurance.  She said she couldn't              
say she personally did not know of any, but would say that the                 
revenue from them was probably not that significant.  She thinks               
Alaska could see significant revenue with large policies if this               
amendment was enacted.  She said she thought it would be very                  
revenue positive for the state of Alaska and it would certainly                
encourage people to do their trust planning in Alaska.  She                    
commented, "More trusts mean more trust officers, more attorneys,              
more jobs in the state."                                                       
                                                                               
Number 1177                                                                    
                                                                               
REPRESENTATIVE JOE RYAN asked if she had anything encouraging to               
say about it.                                                                  
                                                                               
MS. HULBERT replied she had done a small amount of research with               
the life insurance marketing and research area.  She said their                
research statistics indicated approximately 12,000 individual life             
insurance policies were sold per year with insurance premiums of               
over $100,000 per year.  She commented, "So, I think that it's a               
good thing for the state of Alaska and I think it will enhance the             
trust industry and the financial planning services industry that               
we're all so eager to build."                                                  
                                                                               
Number 1216                                                                    
                                                                               
REPRESENTATIVE COWDERY asked Ms. Hulbert who she envisioned would              
ultimately have to pay this tax, wondering whether it would be the             
employee.                                                                      
                                                                               
Number 1220                                                                    
                                                                               
MS. HULBERT said this was not an employee-employer situation, it               
was an individual.  She commented there were very few people                   
employed in the state of Alaska who could afford to put $100,000 a             
year into a life insurance policy.  She said, "We think that                   
primarily this is going to attract policies from outside the state             
of Alaska.  We would normally not see any of these premiums and ...            
they would go to a foreign jurisdiction or into another state.  But            
when we add them to the Alaska Trust Act, a lot of people are very             
eager, in my estimation, to place business and new work with the               
Alaska trust, but when you do work with the Alaska Trust Act, that             
policy is sold in Alaska and owned in Alaska by an Alaska trust                
company.  That means the premium revenues come to the state of                 
Alaska.  So, instead of the premium revenues going to another state            
or instead of the policy going offshore, it comes here and we get              
the revenue.  (Indisc.) most of the revenue that would come in                 
under this amendment is revenue that would come in under this                  
amendment is revenue that would come in from individuals living                
outside the state of Alaska."                                                  
                                                                               
Number 1288                                                                    
                                                                               
PATTI BLATTMACHR, Alaska Trust Company, testified next via                     
teleconference from Anchorage.  She stated she spoke in favor of               
the amendment because she believed it would increase revenue for               
Alaska, indicating Ms. Hulbert's comments had been fairly complete.            
                                                                               
Number 1303                                                                    
                                                                               
CHAIRMAN ROKEBERG confirmed there were no more witnesses on                    
teleconference for HB 490.                                                     
                                                                               
Number 1350                                                                    
                                                                               
REPRESENTATIVE BILL HUDSON apologized for not being present                    
promptly when the meeting began.  He asked if the proposed                     
committee substitute had been adopted properly before the                      
committee.                                                                     
                                                                               
CHAIRMAN ROKEBERG answered it had not.                                         
                                                                               
REPRESENTATIVE HUDSON noted he had heard two witnesses indicate                
support for the amendments and he said he was assuming, then, that             
the witnesses were in favor of the revised bill in this draft.                 
                                                                               
CHAIRMAN ROKEBERG agreed and he noted he believed there was an                 
additional amendment.                                                          
                                                                               
REPRESENTATIVE HUDSON made a motion to adopt the proposed committee            
substitute for HB 490, Version E, labeled 0-LS1775\E, Ford, dated              
4/29/98.  There being no objections, Version E was adopted.                    
                                                                               
Number 1415                                                                    
                                                                               
BARBARA HUFF TUCKNESS, Director, Legislative Affairs and Government            
Affairs, International Brotherhood of Teamsters Local 959, came                
forward to testify.  She stated she was there to speak in favor of             
the proposed committee substitute for HB 490.  Referring to Mr.                
Lindquist's testimony, she noted in her "other job" she negotiated             
collective bargaining agreements and had actually been hit with                
this particular issue across the table.  She noted, "Mr. Lindquist             
is exactly right, our members ended up paying.  We represent three             
of the seven bargaining units there that he referred to earlier in             
his testimony.  What I found interesting -- I also negotiate                   
contracts with the city of Anchorage and unless possibly the                   
Division of Insurance has different information, I have never faced            
that particular issue with the Municipality of Anchorage.  So, even            
within the city of Anchorage, there's a difference in how that tax             
has historically been applied with (indisc.) Municipality of                   
Anchorage versus the Anchorage School District.  Anyway, we are                
very much in favor and encourage the members of the committee to               
support it as well."                                                           
                                                                               
Number 1429                                                                    
                                                                               
WENDY REDMAN, Vice President for University Relations, University              
of Alaska, came forward to testify.  She noted she had not seen the            
proposed committee substitute [Version E] and indicated she was                
therefore speaking to original version of HB 490 and the section on            
the exemption for the PERS and TRS employees.  She noted, as Mr.               
Reinwand had stated, the university was currently exempt from                  
paying this type of retaliatory tax and had never paid it, however,            
she said, "In my long experience in this state, I always feel a lot            
more comfortable if things are really clear in law.  So, I think               
making a very clear statement that PERS and TRS are clearly exempt             
would be ... very helpful, certainly from our perspective."                    
                                                                               
Number 1476                                                                    
                                                                               
CHAIRMAN ROKEBERG noted for the committee's information that was               
Section 2 of the proposed committee substitute.  He noted Ms. Burke            
would be the last witness on HB 490, and if anyone else wished to              
testify he or she should inform the chair.                                     
                                                                               
Number 1502                                                                    
                                                                               
MARIANNE BURKE, Director, Division of Insurance, Department of                 
Commerce and Economic Development, came forward to testify next.               
In the interest of clarity, Ms. Burke said she would like to first             
address the portion of the legislation specific to life insurance              
policies and then the larger issue.  She stated the Division of                
Insurance supported the amendment which would impose a premium tax             
of 2.7 percent for the first $100,000 of premium on a single life              
insurance policy.  For a premium over $100,000, the premium tax                
would be at 0.1 percent.  Ms. Burke said this was very positive for            
the state in the opinion of the Division of Insurance's opinion for            
the reasons Ms. Hulbert stated.  Ms. Burke indicated it would                  
potentially create additional premium tax revenue because these                
policies currently went to the state with the lowest tax.  She                 
noted they would like to have these policies in Alaska for the very            
obvious reason of collecting the premium tax, but she noted the                
larger reason was that it would generate additional industry in                
Alaska for the entities formed under the Alaska Trust Act.  She                
commented she would be happy to address questions to that extent               
and then address the remainder of the bill.                                    
                                                                               
Number 1589                                                                    
                                                                               
CHAIRMAN ROKEBERG noted Sections 1 and 3 of the bill related to the            
"jumbo insurance premium tax exemption revenue gainer."  He asked,             
"I know it's very difficult to try to estimate, but ... in terms of            
what kind of revenues you think we would generate because ... of               
these provisions?"                                                             
                                                                               
Number 1614                                                                    
                                                                               
MS. BURKE said the chairman was correct, it was very difficult.                
She said she foresaw and intended to work toward encouraging life              
insurance companies to form subsidiaries in Alaska which would                 
market these very large policies to the ultra rich.  Ms. Burke                 
indicated the potential revenue was from zero to infinity.                     
                                                                               
Number 1644                                                                    
                                                                               
REPRESENTATIVE RYAN said he had received a call from an estate                 
planning attorney in New York City the other day, urging him to                
submit this amendment.  He noted the attorney said he had a client             
who paid a yearly premium of $200 million and that policy could be             
in Alaska if the state was competitive with offshore jurisdictions.            
Representative Ryan commented it was difficult for him to imagine              
someone with $200 million dollars a year to pay for a life                     
insurance policy, but he assumed there were those kind of folks in             
the world and he'd be more than happy to encourage them to bring               
their business to Alaska.                                                      
                                                                               
Number 1670                                                                    
                                                                               
CHAIRMAN ROKEBERG confirmed $200 million was the premium,                      
indicating he wondered what the face value of the policy was.  He              
said to Ms. Burke it was clear there would be positive results from            
that but it was just difficult to predict them, asking her if that             
was correct.                                                                   
                                                                               
Number 1683                                                                    
                                                                               
MS. BURKE replied that was correct, saying she would like to add               
one thing.  She said she would prefer to see people who were paying            
that kind of money place their business with regulated companies as            
opposed to going offshore or going to the Cayman Islands or the                
Terks (ph) and Cacos (ph), et cetera.                                          
                                                                               
Number 1699                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if she suspected the primary reason these              
people had gone offshore was that all 50 states, acting                        
independently, had some type of premium tax.                                   
                                                                               
MS. BURKE replied she thought that was one of the reasons.                     
                                                                               
CHAIRMAN ROKEBERG asked the ranges of premiums taxes for other                 
states.                                                                        
                                                                               
Number 1714                                                                    
                                                                               
MS. BURKE said it was very difficult to compare premium taxes                  
because other states attached other types of taxes.  She said with             
this amendment, Alaska would be highly competitive if not the                  
lowest.                                                                        
                                                                               
CHAIRMAN ROKEBERG asked if there were any further questions in this            
area.                                                                          
                                                                               
AN UNIDENTIFIED SPEAKER, possibly Representative Ryan stated he had            
an amendment.                                                                  
                                                                               
CHAIRMAN ROKEBERG said, "Well no, it's in her testimony ...."  He              
indicated he wished Ms. Burke to proceed to her testimony on                   
Section 2 of the proposed committee substitute.                                
                                                                               
Number 1747                                                                    
                                                                               
MS. BURKE noted this area was far more complex and she would do her            
best to be as clear as possible.  She said that this was not ideal             
language, and so she would like to address the concept.  In AS                 
39.30, the legislature decided many years ago that it didn't really            
make sense to have circular money, and she explained, "Why would               
the state tax the state, collect the money and then give it back to            
the state to form a circular situation.  And in AS 39.30, they said            
political subdivisions, I mean it's not good language.  Over the               
years, various insurance companies, various directors, various                 
attorney generals, attorneys general, have interpreted this in                 
different ways.  The division needs the guidance of this body to               
clarify what you want.  That is, in my opinion, the crux of this               
matter.  There is a lot of extraneous information that's being                 
introduced and I would like to address that, but the bottom line               
is, if the state of Alaska is providing monies to governmental                 
entities, everything from a small little city, a fourth-class city             
some place in the state to the state itself.  If it is the intent              
of the legislature not to have this circular money, then all of                
those entities should be treated the same.  There's been testimony             
the University of Alaska has never been taxed on, and that's true.             
There are a number of other entities that have never been taxed on             
the premium tax.  I am asking that we have clear indication from               
this body that either you want them taxed or you don't.  The                   
language that we have put together would make sure that the                    
decision, if reached not to tax them, would be applied fairly to               
every governmental entity."                                                    
                                                                               
Number 1868                                                                    
                                                                               
MS. BURKE stated, "By using PERS and TRS, and the reason I object              
to that, is there are some small governmental entities that can't              
afford to participate in PERS.  If we adopted this into law as it              
reads, we would penalize the ones who are too poor for PERS."  Ms.             
Burke indicated she would like to make sure everyone was treated               
fairly and noted she thought this was an attempt to try to capture             
those entities, but she indicated it was very clear some of the                
smaller cities did not participate and there were also entities in             
there that would not be considered governmental entities.  Ms.                 
Burke said she did not think it was the original intent, nor would             
she suspect the current intent be to extend that to non-                       
governmental entities.  She stated, "So to that extent, I support              
this concept ... and as the director of the Division of Insurance,             
I'm asking that it be clarified."  Ms. Burke indicated there was               
another issue, one she felt it was absolutely critical that it be              
addressed, which had been raised by the Anchorage School District.             
She said Mr. Reinwand indicated she was unhappy and said that was              
a very fair statement."                                                        
                                                                               
Number 1940                                                                    
                                                                               
MS. BURKE commented, "We're mixing apples and oranges here ... and             
I think it's important that we clarify this.  The premium tax of               
the state of Alaska is 2.7 percent.  It is imposed on entities that            
aren't exempted.  However, if those entities purchase their                    
insurance from a hospital medical corporation that is domiciled in             
another state, they can be subject to a retaliatory tax.  Now the              
purpose of the retaliatory tax goes back a long time and I'm not               
sure that I understand the rationale of why it came about, but it              
did.  And basically it says that if the domiciliary state imposes              
a tax that's greater than the state of Alaska, the company must pay            
to the state of Alaska tax at the same rate as the other state.                
So, in 1994, the state of Washington changed their taxing scheme.              
As a result their domiciled companies pay more in premium tax than             
they would pay if they were in the state of Alaska, and they have              
to pay the state of Alaska the difference.  Since this didn't exist            
before 1994 it was not issue."                                                 
                                                                               
Number 2013                                                                    
                                                                               
MS. BURKE continued, "In 1994 when this happened, this retaliatory             
tax kicked in.  A business decision was made that tax on to the                
purchasers of insurance and since we only have one writer of health            
insurance in the state of Alaska that is subject to this                       
retaliatory tax, they are the only ones who got hit by it.  They               
passed it on and I am not questioning for a second the                         
appropriateness of passing it on, it is a cost of doing business.              
But it was characterized as an additional tax that the state of                
Alaska was imposing on health care costs when in fact it was not               
premium tax, it was an additional cost of business that was imposed            
because that company is domiciled in a different state.  It does               
put an unfair disadvantage on that company.  As you know, one of my            
charges is to maintain an even playing field; not to discriminate              
in favor or against any one company but to try to keep it fair for             
competition.  The clarification of who is and is not subject to the            
premium tax will clarify this entire problem and it'll go away.                
However, it is very important to me to make sure that the people               
who were hit by this tax realize that this is a result of the state            
of Washington's change in their tax system, not the result of                  
Alaska's change in tax system.  And I realize it's complicated and             
I apologize for that, I try to bring it down to, hopefully,                    
something we can all understand ...."  She said she would be happy             
to answer the committee's questions.                                           
                                                                               
Number 2116                                                                    
                                                                               
CHAIRMAN ROKEBERG said Ms. Burke had indicated Blue Cross was the              
only company paying this retaliatory tax.  He asked if that was                
because there was no other large group insurer which happened to               
insure these groups of workers.                                                
                                                                               
Number 2127                                                                    
                                                                               
MS. BURKE replied that was correct.  She stated, "No other large               
health care provider that's domiciled in the state of Washington.              
Other states have retaliatory tax, but it does not kick in for                 
Alaska.  (Indisc.) just happen."                                               
                                                                               
CHAIRMAN ROKEBERG asked why that was                                           
                                                                               
MS. BURKE replied, "It's the way the Washington tax structure is               
set up.  Let's take AETNA [AETNA US Health Care] for example, since            
that's another big one.  Happens to be domiciled in Connecticut.               
When you compute their tax according to their schedule and compare             
it to ours, there's no problem."                                               
                                                                               
CHAIRMAN ROKEBERG asked if it was because it was similar.                      
                                                                               
MS. BURKE said, "And the bottom line ... does come out the same                
(indisc.)."                                                                    
                                                                               
CHAIRMAN ROKEBERG said, "Similar or lower, (indisc.) not higher,               
higher is the Washington problem?"                                             
                                                                               
MS. BURKE said that was correct.                                               
                                                                               
CHAIRMAN ROKEBERG said, "So it's unique to Blue Cross only because             
... where they're domiciled."                                                  
                                                                               
MS. BURKE replied, "Exactly ... and thank you for making that                  
clear, it is only because they happen to be domiciled in the state             
of Washington and Washington's taxing structure is the way it is."             
                                                                               
Number 2175                                                                    
                                                                               
CHAIRMAN ROKEBERG said, "So their socialist policies (indisc.)                 
affected us, 'cause I been asking 'em for years what happened, why             
Blue's rates went up so much.  Maybe that explains the explains the            
25 percent increase in Blue Cross's premiums in the state of Alaska            
this year."                                                                    
                                                                               
MS. BURKE stated, "Mr. Chairman, if I may, one ... of my biggest               
task[s] I see is to make sure that none of the Washington cost are             
pushed onto the people of the state of Alaska."                                
                                                                               
Number 2194                                                                    
                                                                               
CHAIRMAN ROKEBERG said, "Also ... is the fact that if - if language            
is changed to make it more universally applicable to other                     
political subdivisions, is that the division's opinion or the                  
administration's opinion on this bill?                                         
                                                                               
Number 2203                                                                    
                                                                               
MS. BURKE replied she was very comfortable that this was in line               
with the Administration, she did not think it was the                          
Administration's position that taxing should be unequal.                       
                                                                               
CHAIRMAN ROKEBERG additionally asked about the fiscal note,                    
stating, "Whereas in FY [fiscal year] there'd be a $2.651 million              
loss of revenue, is that correct?"                                             
                                                                               
Number 2220                                                                    
                                                                               
MS. BURKE confirmed that was correct and said she would                        
specifically like to address that.  She said that was their best               
estimate and they have explained how it would be extrapolated.  If             
the revenue did not come in, they must make sure the revenue did               
not go out.  However that was accomplished, she noted that if they             
were going to have a circular flow of money they had to make sure              
the whole circle was addressed.                                                
                                                                               
CHAIRMAN ROKEBERG asked if she had any suggested language or if the            
department had had a chance to look at it.                                     
                                                                               
Number 2249                                                                    
                                                                               
MS. BURKE responded it was her understanding it was not ready to be            
presented in the form of an amendment and if this committee moved              
the legislation, it would be introduced in the next committee at               
the first hearing.                                                             
                                                                               
Number 2260                                                                    
                                                                               
CHAIRMAN ROKEBERG commented he did not see a sponsor's                         
representative present and said perhaps Representative Ryan could              
speak to the issue.                                                            
                                                                               
REPRESENTATIVE RYAN indicated he had not been aware of this and                
would have to know the sponsor's wishes before he spoke.                       
                                                                               
Number 2292                                                                    
                                                                               
CHAIRMAN ROKEBERG asked the will of the committee, noting he was               
somewhat concerned if the Administration was going to have                     
additional input on the bill.  He indicated the bill had no further            
committees of referral besides the House Finance Standing                      
Committee.                                                                     
                                                                               
REPRESENTATIVE RYAN stated he would like to offer an amendment and             
move the bill.                                                                 
                                                                               
Number 2311                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Representative Ryan if he had an amendment             
and if there was any further testimony on HB 490.  Hearing none, he            
stated the public hearing on HB 490 had been closed.                           
                                                                               
Number 2314                                                                    
                                                                               
REPRESENTATIVE RYAN said the director of the Division of Insurance             
wanted to be sure there wasn't any ambiguous language.  He                     
commented on the wording of Section 3 in Version E, which read, "AS            
21.09.21 is amended by adding a new subsection to read:  (n) The               
tax imposed under this section shall be computed at the rate of                
one-tenth of a percent for a policy of life insurance with a policy            
year premium that equals or exceeds $100,000."  Representative Ryan            
stated, "To give the director comfort, I would like to add this                
conceptual amendment which says, an new sentence, add after the                
$100,000, where it says:  'Policy year premiums below the value of             
$100,000 shall be taxed at a rate of 2.7 percent of the amount of              
the policy year premium' and that clarifies the fact that we're not            
removing the 2.7 percent tax for those policies below that - that              
value."  [It appeared Representative Ryan may have given the                   
chairman a written copy of the language.]                                      
                                                                               
Number 2355                                                                    
                                                                               
CHAIRMAN ROKEBERG commented it was a clarification amendment.                  
                                                                               
REPRESENTATIVE RYAN answered in the affirmative.                               
                                                                               
CHAIRMAN ROKEBERG asked if he had made a motion.                               
                                                                               
REPRESENTATIVE RYAN made a motion to adopt the conceptual                      
amendment, designated as Conceptual Amendment 1.                               
                                                                               
CHAIRMAN ROKEBERG read Conceptual Amendment 1 for the record.                  
Conceptual Amendment 1, on page 2, beginning on line 23, after                 
$100,000, add an additional sentence to read:  "Policy year                    
premiums below the value of $100,000 shall be taxed at a rate of               
2.7 percent of the amount of the policy year premium."  He asked if            
there were any objections.  There being none, Conceptual Amendment             
1 was adopted.                                                                 
                                                                               
Number 2384                                                                    
                                                                               
CHAIRMAN ROKEBERG noted he would offer a conceptual amendment on               
page 2, line 14, after "Teacher's Retirement System of Alaska,"                
insert "all other political subdivisions in the state".  He noted              
it was a conceptual amendment, not a specific word amendment, to               
provide that the testimony of the department would be met.  He said            
he did not see anyone present from the bill sponsor's office and               
confirmed it only affected "governmentals."  He indicated the                  
committee would have the sponsor contact Ms. Burke's office to make            
sure the language was appropriate.                                             
                                                                               
MS. BURKE replied that would be fine.                                          
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections to Conceptual             
Amendment 2.  There being no objections, Conceptual Amendment 2 was            
adopted.                                                                       
                                                                               
Number 2450                                                                    
                                                                               
REPRESENTATIVE RYAN made a motion to move the proposed committee               
substitute, Version E, for HB 490 as amended with the accompanying             
fiscal note.  There being no objections, CSHB 490(L&C) was moved               
out of the House Labor and Commerce Standing Committee.                        
                                                                               

Document Name Date/Time Subjects