CSHB 118(FSH): "An Act relating to seafood marketing, to the definition of `seafood' for purposes of the Alaska Seafood Marketing Institute, to an aquatic farm product marketing assessment, and to the salmon marketing tax; and providing for an effective date."
00CS FOR HOUSE BILL NO. 118(FSH) 01 "An Act relating to seafood marketing, to the definition of `seafood' for purposes 02 of the Alaska Seafood Marketing Institute, to an aquatic farm product marketing 03 assessment, and to the salmon marketing tax; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.51.090 is amended to read: 07 Sec. 16.51.090. POWERS OF BOARD. In carrying out the powers of the 08 institute, the board may 09 (1) adopt, alter, and use a corporate seal; 10 (2) prescribe, adopt, amend, and repeal bylaws; 11 (3) sue and be sued in the name of the institute; 12 (4) enter into any agreements necessary to the exercise of its powers and 13 functions; 14 (5) cooperate with a public or private board, organization, or agency
01 engaged in work or activities similar to the work or activities of the institute, including 02 entering into contracts for joint programs of consumer education, sales promotion, quality 03 control, advertising, and research in the production, processing, or distribution of 04 seafood; 05 (6) conduct, or contract for, scientific research to develop and discover 06 health, dietetic, or other uses of seafood harvested and processed in the state; 07 (7) receive contributions of money from persons; 08 (8) establish offices in the state and otherwise incur expenses incidental 09 to the performance of its duties; 10 (9) appear on behalf of the institute before boards, commissions, 11 departments, or other agencies of municipal, state, or federal government; 12 (10) acquire, hold, lease, sell, or otherwise dispose of property, but such 13 property is limited to that which is necessary to the administrative functioning of the 14 office of the institute; 15 (11) establish and maintain one or more bank accounts for the transaction 16 of the institute's business; 17 (12) prepare market research and product development plans for the 18 promotion of any species of seafood and their by-products that may be harvested in the 19 state and processed for sale; 20 (13) establish committees related to the marketing of seafood [SALMON] 21 and seafood [SALMON] products; the board shall, to the extent practicable, appoint 22 equal numbers of seafood processors and persons engaged in commercial fishing to the 23 committees. 24 * Sec. 2. AS 16.51 is amended by adding a new section to read: 25 Sec. 16.51.161. DEFINITION FOR AS 16.51.120 - 16.51.161. In 26 AS 16.51.120 - 16.51.161, "seafood" has the meaning given in AS 16.51.180, but does 27 not include aquatic farm products. 28 * Sec. 3. AS 16.51 is amended by adding a new section to read: 29 Sec. 16.51.165. AQUATIC FARM PRODUCT MARKETING ASSESSMENT. 30 (a) A person who holds an aquatic farm permit under AS 16.40.100 shall pay an 31 aquatic farm product marketing assessment of three-tenths of one percent of the value
01 of aquatic farm products sold by the permit holder. 02 (b) A permit holder shall remit to the Department of Revenue by April 1 of 03 each year the total amount of the aquatic farm product marketing assessment owed on 04 the value of aquatic farm products sold by the permit holder in the previous calendar 05 year. 06 (c) In this section, 07 (1) "permit holder" means a person who holds an aquatic farm permit 08 under AS 16.40.100; 09 (2) "value" means the actual price received by a permit holder for the 10 sale of aquatic farm products. 11 * Sec. 4. AS 16.51.170 is amended to read: 12 Sec. 16.51.170. ENFORCEMENT OF ASSESSMENTS. The provisions of 13 AS 43.05 and AS 43.10 apply for the enforcement and collection of 14 (1) the seafood marketing assessment; and 15 (2) the aquatic farm product marketing assessment. 16 * Sec. 5. AS 16.51.180(5) is amended to read: 17 (5) "seafood" means finfish, shellfish, and fish by-products, including but 18 not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, [AND] pollock, 19 and [BUT DOES NOT INCLUDE] aquatic farm products [AS DEFINED IN 20 AS 16.40.199]; 21 * Sec. 6. AS 16.51.180 is amended by adding a new paragraph to read: 22 (7) "aquatic farm product" has the meaning given in AS 16.40.199. 23 * Sec. 7. AS 43.76.110 is amended to read: 24 Sec. 43.76.110. SALMON MARKETING TAX. A person holding a limited 25 entry permit, [OR] interim-use permit, or special harvest area entry permit under 26 AS 16.43 shall pay a salmon marketing tax at the rate of one percent of the value, as 27 defined in AS 43.75.290, of salmon that the person removes from the state or transfers 28 to a buyer in the state. The buyer shall collect the salmon marketing tax at the time 29 the salmon is acquired by the buyer. 30 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).