00                       CS FOR HOUSE BILL NO. 287(FIN)                                                                    
01 "An Act relating to the exemption of commercial fishing entry permits from claims of                                    
02 creditors and execution on an interest in a limited entry permit; and providing for an                                  
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 09.38.015(a) is amended to read:                                                                
06            (a)  An individual is entitled to exemption of the following property:                                       
07                 (1)  a burial plot for the individual and the individual's family;                                      
08                 (2)  health aids reasonably necessary to enable the individual or a                                     
09       dependent to work or to sustain health;                                                                           
10                 (3)  benefits paid or payable for medical, surgical, or hospital care to                                
11       the extent they are or will be used to pay for the care;                                                          
12                 (4)  an award under AS 18.67 (Violent Crimes Compensation Board) or                                     
13       a crime victim's reparations act of another jurisdiction;                                                         
14                 (5)  benefits paid or payable as a longevity bonus under AS 47.45;                                      
01                 (6)  compensation or benefits paid or payable and exempt under federal                                  
02       law;                                                                                                              
03                 (7)  liquor licenses granted under AS 04;                                                               
04                 (8)  [LIMITED ENTRY PERMITS GRANTED UNDER AS 16.43,                                                     
05       EXCEPT AS PROVIDED IN THAT CHAPTER;                                                                               
06                 (9)]  tuition credit or savings accounts under a higher education savings                               
07       account established under AS 14.40.802 or an advance college tuition savings contract                             
08       authorized under AS 14.40.809(a);                                                                                 
09                 (9) [(10)]  a permanent fund dividend to the extent allowed under                                   
10       AS 43.23.065.                                                                                                     
11    * Sec. 2.  AS 16.43.170(g) is amended to read:                                                                     
12            (g)  A person may request the commission to transfer an entry permit due to an                               
13       execution on a permit [THE] holder's interest in that permit if the execution is to                       
14       enforce a lien recorded with the commission under AS 25.27.230(c). The request                                
15       shall be made in the form and manner provided in this chapter and regulations adopted                             
16       under this chapter.  The commission may deny a request for transfer of an entry permit                            
17       due to an execution of a holder's interest in that permit if                                                      
18                 (1)  the execution does not comply with legal requirements or otherwise                                 
19       is not valid;                                                                                                     
20                 (2)  the transfer violates this chapter or regulations adopted under this                               
21       chapter;                                                                                                          
22                 (3)  the proposed transferee or other party to the transfer is prohibited                               
23       by law from participating in the transaction;                                                                     
24                 (4)  a certificate for the permit under AS 16.10.333(b)(1) - (2),                                       
25       16.10.338, or AS 44.81.231(a) is in effect at the time of the proposed transfer;                                  
26                 (5)  the proposed transferee of the entry permit, other than the                                        
27       commission, cannot demonstrate the present ability to actively participate in the                                 
28       fishery; or                                                                                                       
29                 (6)  the holder of the entry permit as shown by the records of the                                      
30       commission demonstrates, under regulations adopted by the commission, that the                                    
31       entry permit is a necessary means of support for the holder and those dependent upon                              
01       the holder.                                                                                                       
02    * Sec. 3.  AS 16.43 is amended by adding a new section to read:                                                    
03            Sec. 16.43.945. Commercial fishing privileges exempt from claims of                                        
04       creditors.  Except as provided in AS 16.10.333 - 16.10.338, AS 16.43.170(g),                                    
05       AS 44.81.215, and 44.81.231 - 44.81.250, commercial fishing privileges granted under                              
06       this chapter, including entry permits, are exempt from claims of creditors, including                             
07       claims under AS 09.38.065 and AS 45.29.408.                                                                       
08    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).