HB 396: "An Act relating to the fisheries resource landing tax; and providing for an effective date."
00HOUSE BILL NO. 396 01 "An Act relating to the fisheries resource landing tax; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS, INTENT, AND PURPOSE. (a) The legislature 05 finds that 06 (1) the state has various research, management, and enforcement 07 responsibilities in connection with the offshore fisheries; 08 (2) through transfer of processed products, taking on and disembarking crew, 09 taking on fuel and supplies, obtaining vessel and gear repairs, discharging wastes, and seeking 10 protection in sheltered water, the exclusive economic zone catcher-processor fleet has a 11 significant presence in the state; and 12 (3) the state and its municipalities and unincorporated communities are affected 13 by the additional burdens placed by the exclusive economic zone catcher-processor fleet on 14 educational facilities and services, road maintenance, public safety, airport and dock facilities,
01 hospitals and health facilities, and other programs. 02 (b) The fisheries resource landing tax 03 (1) is both designed as and intended to be a compensatory tax that 04 complements the fisheries business tax levied and collected under AS 43.75; 05 (2) is intended 06 (A) to compensate the state for the burdens that the exclusive economic 07 zone catcher-processor fleet places on the state and its municipalities and 08 unincorporated communities; and 09 (B) to require the exclusive economic zone catcher-processor fleet to 10 bear a portion of the costs of services received from the state and its municipalities and 11 unincorporated communities; and 12 (3) attempts to achieve a rough equality of treatment between local and 13 interstate commerce among those engaged in fisheries resource businesses in the state in that 14 the tax imposes a burden, comparable to that borne by in-state processors through payment 15 of the fisheries business tax, for the burdens attributable to the activities of the exclusive 16 economic zone catcher-processor fleet on the state and the benefits that the fleet receives from 17 the state. 18 * Sec. 2. AS 43.77.010 is amended to read: 19 Sec. 43.77.010. LANDING TAX. A person who engages or attempts to 20 engage in a floating fisheries business in the state and who owns [A PERSON 21 OWNING] a fishery resource that is not subject to AS 43.75 but that is brought into 22 the jurisdiction of, and first landed in, this state is liable for and shall pay a landing 23 tax on the value of the fishery resource. The amount of the landing tax is 24 (1) for a developing commercial fish species, one percent of the 25 value of the fishery resource at the place of landing; 26 (2) for a fish species other than a developing commercial fish 27 species, three [3.3] percent of the value of the fishery resource at the place of the 28 landing. 29 * Sec. 3. AS 43.77 is amended by adding a new section to read: 30 Sec. 43.77.045. FISHERIES RESOURCE LANDING TAX EDUCATION 31 CREDIT. (a) In addition to the credit allowed under AS 43.77.040, for cash
01 contributions accepted for direct instruction, research, and educational support 02 purposes, including library and museum acquisitions and contributions to endowment, 03 by an Alaska university foundation or by a nonprofit, public or private, Alaska two- 04 year or four-year college accredited by a regional accreditation association, a person engaged 05 in a floating fisheries business is allowed as a credit against the tax due under this chapter 06 (1) 50 percent of contributions of not more than $100,000; and 07 (2) 100 percent of the next $100,000 of contributions. 08 (b) Each public college and university shall include in its annual operating 09 budget request contributions received and how the contributions were used. 10 (c) A contribution claimed as a credit under this section may not 11 (1) be claimed as a credit under another provision of this title; and 12 (2) when combined with credits taken during the taxpayer's tax year 13 under AS 21.89.070, AS 43.20.014, AS 43.55.019, AS 43.56.018, AS 43.65.018, or 14 AS 43.75.018, exceed $150,000. 15 * Sec. 4. AS 43.77.050(b) is amended to read: 16 (b) The [AFTER PAYMENT OF THE AMOUNT DETERMINED UNDER 17 (a) OF THIS SECTION, THE BALANCE OF THE] tax collected under this chapter 18 shall be paid into a separate account in the general fund. The annual balance in the 19 account may be appropriated by the legislature for revenue sharing under 20 AS 43.77.060. The amount of all tax credits approved by the commissioner under 21 AS 43.77.040(b) shall be deducted from amounts paid to municipalities under 22 AS 43.77.060(a) - (c). 23 * Sec. 5. AS 43.77.200 is amended by adding a new paragraph to read: 24 (7) "engages or attempts to engage in a floating fishery business in the 25 state" means conducting in the state an activity as part of an integrated mobile business 26 involving the harvesting or taking, processing, transportation, or delivery of a fishery 27 resource, including transfer of fishery resources or processed products, taking on and 28 disembarking crew, taking on fuel or supplies, obtaining vessel or gear repairs, 29 discharging wastes, seeking protection in sheltered waters, and any other related 30 activity that makes a claim on the resources of the state. 31 * Sec. 6. AS 43.77.050(a) is repealed.
01 * Sec. 7. This Act is retroactive to January 1, 1994, and applies to activities subject to the 02 fisheries resource landing tax levied and collected under AS 43.77 occurring after 03 December 31, 1993. 04 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).