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 AS 43.80.050(b) is repealed and reenacted to read: 04 (b) A report submitted by a processor under (a) or (c) of this section must 05 include 06 (1) the requested information for the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