CSHB 275(FIN) AM: "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date."
00CS FOR HOUSE BILL NO. 275(FIN) am 01 "An Act relating to the Alaska Seafood Marketing Institute and a salmon 02 marketing tax; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.51.020(a) is amended to read: 05 (a) The governing body of the institute is a board of directors. The board 06 consists of 25 [18] voting members appointed by the governor. In making 07 appointments to the board, the governor shall consider, but need not appoint, nominees 08 presented by persons engaged in fish processing, the financing of fish processing, or 09 commercial fishing. 10 * Sec. 2. AS 16.51.020(b) is amended to read: 11 (b) Twelve members of the board shall be seafood processors: eight of the 12 seafood processors must have an annual payroll in the state of more than $2,500,000 13 [$1,000,000 OR MORE]; four of the seafood processors must have an annual payroll 14 in the state of $50,000 - $2,500,000. Twelve [$1,000,000. FIVE] members of the
01 board must be engaged in commercial fishing. One member of the board shall be a 02 lay person selected by the governor. 03 * Sec. 3. AS 16.51.050 is amended to read: 04 Sec. 16.51.050. QUORUM. Fourteen [TEN] members of the board appointed 05 under AS 16.51.020 constitute a quorum for the transaction of business and the 06 exercise of the powers and duties of the board. 07 * Sec. 4. AS 16.51.090 is amended to read: 08 Sec. 16.51.090. POWERS OF BOARD. In carrying out the powers of the 09 institute, the board may 10 (1) adopt, alter, and use a corporate seal; 11 (2) prescribe, adopt, amend, and repeal bylaws; 12 (3) sue and be sued in the name of the institute; 13 (4) enter into any agreements necessary to the exercise of its powers 14 and functions; 15 (5) cooperate with a public or private board, organization, or agency 16 engaged in work or activities similar to the work or activities of the institute, including 17 entering into contracts for joint programs of consumer education, sales promotion, 18 quality control, advertising, and research in the production, processing, or distribution 19 of seafood; 20 (6) conduct, or contract for, scientific research to develop and discover 21 health, dietetic, or other uses of seafood harvested and processed in the state; 22 (7) receive contributions of money from persons; 23 (8) establish offices in the state and otherwise incur expenses incidental 24 to the performance of its duties; 25 (9) appear on behalf of the institute before boards, commissions, 26 departments, or other agencies of municipal, state, or federal government; 27 (10) acquire, hold, lease, sell, or otherwise dispose of property, but such 28 property is limited to that which is necessary to the administrative functioning of the 29 office of the institute; 30 (11) establish and maintain one or more bank accounts for the 31 transaction of the institute's business;
01 (12) prepare market research and product development plans for the 02 promotion of any species of seafood and their by-products that may be harvested in 03 the state and processed for sale; 04 (13) establish an executive board to assist the board in efficiently 05 exercising the board's powers and duties under this chapter; the executive board 06 shall consist of seven members selected from and by the board and shall include 07 at least three members who are engaged in commercial fishing; 08 (14) establish committees related to the marketing of salmon and 09 salmon products; the board shall, to the extent practicable, appoint equal 10 numbers of seafood processors and persons engaged in commercial fishing to the 11 committees. 12 * Sec. 5. AS 16.51.100 is amended to read: 13 Sec. 16.51.100. DUTIES OF BOARD. The board shall 14 (1) conduct programs of education, research, advertising, or sales 15 promotion designed to accomplish the purposes of this chapter; 16 (2) promote all species of seafood and their by-products that are 17 harvested in the state and processed for sale; 18 (3) develop market-oriented quality specifications for Alaska seafoods 19 to be used in developing a high quality image for Alaska seafood in domestic and 20 world markets, and adopt and distribute recommendations regarding the handling of 21 seafood from the moment of capture to final distribution; 22 (4) prepare market research and product development plans for the 23 promotion of all species of seafood and their by-products that are harvested in the state 24 and processed for sale; 25 (5) submit an annual report to the governor and the legislature 26 describing the activities of the institute; [AND] 27 (6) develop marketing programs based on the "inspection" and 28 "premium quality" seals designed under AS 03.05.026 [,] and use the seals in 29 advertising and promotion efforts of the institute; 30 (7) collect, organize, distribute, and make available to the public 31 information on prices paid and market conditions for raw salmon and salmon
01 products and provide this information on a regular and timely basis to all salmon 02 fishermen who hold permits under AS 16.43 and to all nonprofit salmon 03 enhancement organizations that hold a permit under AS 16.10.400; 04 (8) cooperate with commercial salmon fishermen, fishermen's 05 organizations, seafood processors, the Alaska Fisheries Development Foundation, 06 the Fisheries Industrial Technology Center, state and federal agencies, and other 07 relevant persons and entities to investigate market reception to new salmon 08 product forms and develop commodity standards and future markets for salmon 09 products. 10 * Sec. 6. AS 43.76 is amended by adding new sections to read: 11 ARTICLE 2. SALMON MARKETING TAX. 12 Sec. 43.76.110. SALMON MARKETING TAX. A person holding a limited 13 entry permit or interim-use permit under AS 16.43 shall pay a salmon marketing tax 14 at the rate of one percent of the value, as defined in AS 43.75.290, of salmon that the 15 person removes from the state or transfers to a buyer in the state. The buyer shall 16 collect the salmon marketing tax at the time the salmon is acquired by the buyer. 17 Sec. 43.76.120. COLLECTION OF TAX. (a) A buyer who acquires salmon 18 that is subject to a salmon marketing tax imposed by AS 43.76.110 shall collect the 19 salmon marketing tax at the time of purchase and shall remit the total salmon 20 marketing tax collected during each month to the Department of Revenue by the last 21 day of the next month. 22 (b) A buyer who collects the salmon marketing tax shall 23 (1) maintain records of the value of salmon purchased in the state; 24 (2) report to the Department of Revenue by March 1 of each year the 25 total value, as defined in AS 43.75.290, of the salmon that the buyer has acquired 26 during the preceding year. 27 (c) The owner of salmon removed from the state is liable for payment of 28 a salmon marketing tax imposed by AS 43.76.110 if, at the time the salmon is 29 removed from the state, the tax payable on the salmon has not been collected by a 30 buyer. If the owner of the salmon is liable for payment of the salmon marketing tax 31 under this subsection, the owner shall comply with the requirements under (a) and (b)
01 of this section to remit the tax to the Department of Revenue, to maintain records, and 02 to report to the Department of Revenue. 03 (d) The salmon marketing tax collected under this section shall be deposited 04 in the general fund. The legislature may appropriate revenue generated by the salmon 05 marketing tax to the Alaska Seafood Marketing Institute for the purpose of supporting 06 the institute's salmon marketing program under AS 16.51.100(7) and (8) and the 07 institute's domestic salmon marketing program. Except as otherwise provided in an 08 appropriation by the legislature, the amount of the allocation made to the institute's 09 salmon marketing program under AS 16.51.100(7) and (8) should not exceed 10 10 percent of the total amount of salmon marketing tax revenue appropriated for the 11 institute. 12 Sec. 43.76.130. DEFINITION. In AS 43.76.110 - 43.76.130, "buyer" means 13 a person who acquires possession of salmon from the person who caught the salmon 14 regardless of whether there is an actual sale of the salmon, but does not include a 15 person engaged solely in interstate transportation of goods for hire. 16 * Sec. 7. TRANSITION FOR MEMBERS OF THE BOARD OF DIRECTORS OF THE 17 ALASKA SEAFOOD MARKETING INSTITUTE. (a) Notwithstanding AS 16.51.020(b), 18 as amended by sec. 2 of this Act, a person who is serving as a member of the board of 19 directors of the Alaska Seafood Marketing Institute on the day before the effective date of sec. 20 2 of this Act may continue to serve as a member of the board for the remainder of the term 21 to which the person was appointed. 22 (b) As soon as practicable after the effective date of sec. 1 of this Act, the governor 23 shall appoint seven persons engaged in commercial fishing to the new memberships created 24 on the board of directors of the Alaska Seafood Marketing Institute by secs. 1 and 2 of this 25 Act. Notwithstanding AS 16.51.030, the governor shall appoint two persons appointed under 26 this subsection to one-year terms, two persons appointed under this subsection to two-year 27 terms, and three persons appointed under this subsection to three-year terms. 28 * Sec. 8. AS 43.76.110, 43.76.120, and 43.76.130 are repealed June 30, 1998. 29 * Sec. 9. AS 16.51.100(7) and 16.51.100(8) are repealed June 30, 1999. 30 * Sec. 10. Section 6 of this Act takes effect July 1, 1993.