HB 363: "An Act relating to salmon product reports; and providing for an effective date."
00HOUSE BILL NO. 363 01 "An Act relating to salmon product reports; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 43.80.050(a) is amended to read: 04 (a) A fish processor engaged in the business of selling [THERMALLY 05 PROCESSED] salmon products at wholesale and whose business sells more than 06 240,000 pounds of [THERMALLY PROCESSED] salmon products at wholesale 07 during a calendar year shall submit to the department during the following calendar 08 year, on a form provided by the department, reports of (1) the prices received for and 09 quantity of salmon products sold at wholesale by the processor or an affiliate of the 10 processor ; and (2) the quantity of salmon products produced by the processor or 11 an affiliate of the processor [FOR THE SALE OF THERMALLY PROCESSED 12 SALMON]. Not later than May 31 of each reporting year, a processor shall submit 13 a report for the period January 1 through April 30 of the reporting year. Not later than 14 September 30 of each reporting year, a processor shall submit a report for the period
01 May 1 through August 31 of the reporting year. Not later than January 31 of each 02 reporting year, a processor shall submit a report for the period September 1 through 03 December 31 of the reporting year. 04 * Sec. 2. AS 43.80.050(b) is repealed and reenacted to read: 05 (b) A report submitted by a processor 06 (1) under (a)(1) or (c) of this section for sales to buyers that are not 07 affiliates of the processor, must include a description of the products, the total quantity 08 of each salmon product form sold by area of production by species, and the wholesale 09 price received; 10 (2) under (a)(2) of this section for salmon product production, must 11 include a description of the products and the total quantity of each salmon product 12 form produced by area of production by species; 13 (3) under (a)(1), (a)(2), or (c) of this section, must include the 14 requested information 15 (A) for the following salmon product forms: 16 (i) thermally processed salmon products; 17 (ii) fresh headed and gutted salmon products; 18 (iii) fresh fillet salmon products; 19 (iv) frozen headed and gutted salmon products; 20 (v) frozen fillet salmon products; 21 (vi) salmon roe products; 22 (B) regarding the total quantity of each salmon product form 23 sold or produced by providing 24 (i) the total number of each size of container in which 25 thermally processed salmon products were sold or produced by the 26 processor or its affiliate; and 27 (ii) the total number of pounds for each of the other 28 salmon product forms sold or produced by the processor or its affiliate. 29 * Sec. 3. AS 43.80.050(c) is amended to read: 30 (c) A sale to an affiliate of the processor may not be included in a report 31 submitted under this section by a processor. However, the processor shall report sales
01 by an affiliate at wholesale of [THERMALLY PROCESSED] salmon products that 02 were [WAS] obtained from the processor. The report must [SHALL] include a 03 description of the products and the total quantity of each salmon product form sold 04 by the affiliate by area of production by species and [BY THE SIZE OF THE 05 CONTAINER IN WHICH THE SALMON IS SOLD AND] the wholesale prices 06 received by the affiliate. 07 * Sec. 4. AS 43.80.055 is amended to read: 08 Sec. 43.80.055. Wholesale price averages ; Alaska salmon price report . (a) 09 Based on the information provided in reports submitted under AS 43.80.050, the 10 department shall determine the [STATEWIDE] average wholesale prices paid to fish 11 processors and their affiliates for the sale of [THERMALLY PROCESSED] salmon 12 products . 13 (b) The department shall determine under this section the monthly and annual 14 wholesale price averages for 15 (1) each species of [THERMALLY PROCESSED] salmon for each size 16 of the container in which thermally processed [THE] salmon products are [IS] sold ; 17 (2) each pound of other salmon products by area of production by 18 species by product form . 19 * Sec. 5. AS 43.80.055 is amended by adding a new subsection to read: 20 (c) The department shall publish the average wholesale prices paid for salmon 21 products in a report entitled the "Alaska Salmon Price Report." 22 * Sec. 6. AS 43.80.060 is amended to read: 23 Sec. 43.80.060. Report to the legislature . Not later than the 15th day of each 24 regular legislative session, the department shall make available to the legislature a 25 report of [STATEWIDE] average wholesale [THERMALLY PROCESSED SALMON] 26 prices paid for salmon products . The department shall notify the legislature that the 27 report is available. 28 * Sec. 7. AS 43.80.100(5) is amended to read: 29 (5) "reporting year" means the calendar year after the calendar year in 30 which a fish processor's business sells more than 240,000 pounds of [THERMALLY 31 PROCESSED] salmon products at wholesale ;
01 * Sec. 8. AS 43.80.100(7) is amended to read: 02 (7) "wholesale price" includes all receipts, whether in the form of 03 money, credits, or other consideration, from the sale of a finished [THERMALLY 04 PROCESSED] salmon product at less than retail, without deduction for the costs of 05 property sold, materials used, insurance, labor, services, labeling, transportation, 06 storage, interest, taxes, losses, or any other expense [EXCEPT 07 (A) CASH DISCOUNTS ALLOWED ON SALES, NOT TO 08 EXCEED TWO PERCENT; AND 09 (B) COMMISSIONS ACTUALLY PAID TO INDEPENDENT 10 BROKERS, NOT TO EXCEED FIVE PERCENT]. 11 * Sec. 9. AS 43.80.100 is amended by adding a new paragraph to read: 12 (8) "area of production" means the commercial fishing management 13 area in which a salmon product was produced; in this paragraph, "commercial fishing 14 management area" means an area established by the Board of Fisheries by regulation 15 for the management of commercial fisheries in the Southeastern, Yakutat, Prince 16 William Sound, Cook Inlet, Kodiak, Chignik, Aleutian Islands, Atka-Amlia Islands, 17 Alaska Peninsula, Kuskokwim, Bristol Bay, Yukon-Northern, Norton Sound-Port 18 Clarence, and Kotzebue areas of the state. 19 * Sec. 10. Section 12, ch. 37, SLA 1998, is repealed. 20 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 TRANSITION. The first report required by AS 43.80.050, as amended by secs. 1 - 23 3 of this Act, is due September 30, 2000, must cover the period of May 1, 2000, through 24 August 31, 2000, and must be filed by a fish processor whose business sold more than 25 240,000 pounds of salmon products at wholesale during the 12-month period ending 26 August 31, 2000. 27 * Sec. 12. This Act takes effect September 1, 2000.