Legislature(2007 - 2008)BARNES 124

03/19/2007 08:30 AM House FISHERIES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HJR 14 SUPPORT FED SB 552; EXXON PLAINTIFFS TELECONFERENCED
Moved CSHJR 14(FSH) Out of Committee
*+ HB 186 SPORT FISHING GUIDE RECORDS TELECONFERENCED
Heard & Held
+= HB 15 BOARD OF FISHERIES CONFLICTS OF INTEREST TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HJR 14-FED S 552/HR 1334; EXXON PLAINTIFFS                                                                                    
                                                                                                                                
8:36:38 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
HOUSE JOINT RESOLUTION NO. 14,  Urging the United States Congress                                                               
to enact Senate  Bill 552 so that individuals  receiving a damage                                                               
award  from the  Exxon  Valdez  oil spill  can  benefit from  the                                                               
income averaging  and retirement  contribution provisions  of the                                                               
bill.                                                                                                                           
                                                                                                                                
8:37:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  moved that  the committee adopt  CSHJR 14,                                                               
Version 25-LS0639\K,  Bullock, 3/15/07, as the  working document.                                                               
There being no objection, Version K was before the committee.                                                                   
                                                                                                                                
8:38:14 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  explained that the  resolution basically  urges the                                                               
United States Congress to enact S. 552 and H.R. 1334.                                                                           
                                                                                                                                
8:39:33 AM                                                                                                                    
                                                                                                                                
JERRY  MCCUNE,  Lobbyist,  United   Fishermen  of  Alaska  (UFA),                                                               
related  UFA's  support  for  HJR  14.    Mr.  McCune  noted  his                                                               
appreciation  for  the introduction  of  the  resolution as  [the                                                               
passage  of  the congressional  legislation]  will  be an  uphill                                                               
battle.   The proposals  in Congress would  be very  helpful with                                                               
regard to  retirement and  income averaging if  there ever  is an                                                               
award awarded from the Exxon Valdez oil spill.                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX recalled  reading that  fishermen wouldn't                                                               
be able  to deduct the  attorney's fees from the  settlement when                                                               
they pay their taxes.  She asked if that's correct.                                                                             
                                                                                                                                
MR.  MCCUNE responded  that one  opinion is  based on  a case  in                                                               
Florida  in which  someone received  a punitive  damage award  in                                                               
which  that individual  had to  pay  taxes on  the entire  award,                                                               
although  a portion  of  it  was for  attorney's  fees.   Another                                                               
opinion is  that self-employed persons  shouldn't have  to follow                                                               
that rule.  However, it's still in the air.                                                                                     
                                                                                                                                
8:42:01 AM                                                                                                                    
                                                                                                                                
FRANK  MULLEN  informed the  committee  that  he is  a  life-long                                                               
commercial fisherman as well as  a financial planner.  He related                                                               
that he  has been working for  years with the attorney  groups to                                                               
obtain  some tax  mitigation.   The idea  of S.  552 that  HJR 14                                                               
addresses makes it clear that  it's a one-time only exemption for                                                               
existing   caps   to    individual   retirement   account   (IRA)                                                               
contributions  and  the  income   averaging  concept.    He  then                                                               
emphasized that this isn't an  effort to dodge taxes, however, if                                                               
the  amount of  the  mitigation award  can be  made  into an  IRA                                                               
versus receiving an  award that would be taxed at  35 percent, it                                                               
would be helpful  for the fishermen who have  been awaiting these                                                               
funds for 18 years.                                                                                                             
                                                                                                                                
8:44:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON closed public testimony.                                                                                           
                                                                                                                                
8:45:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  moved to  report  CSHJR  14, Version  25-                                                               
LS0639\K,  Bullock, 3/15/07,  out  of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHJR  14(FSH) was reported from  the House Special                                                               
Committee on Fisheries.                                                                                                         
                                                                                                                                

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