Legislature(2003 - 2004)

03/05/2004 01:19 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 419-REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                                               
                                                                                                                                
CO-CHAIR MASEK announced  that the first order  of business would                                                               
be  HOUSE BILL  NO. 419,  "An  Act relating  to regional  seafood                                                               
development  associations  and  to regional  seafood  development                                                               
taxes."  [Before the committee was CSHB 419(EDT).]                                                                              
                                                                                                                                
Number 0060                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HEINZE  moved  to adopt  the  proposed  committee                                                               
substitute (CS),  Version 23-LS1418\U, Utermohle, 3/3/04,  as the                                                               
work draft.   There being no objection, Version U  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAN OGG,  Alaska  State  Legislature, sponsor  of                                                               
HB 419 by request  of the Joint Legislative  Salmon Industry Task                                                               
Force ("Task  Force"), told  members this bill  is an  outcome of                                                               
discussions held  in a  Task Force  finance subcommittee  that he                                                               
chaired.  He said:                                                                                                              
                                                                                                                                
     Folks that had come  to our subcommittee indicated that                                                                    
     they  would  like to  have  the  ability to  utilize  a                                                                    
     mechanism that  would allow  them to  regionally market                                                                    
     their seafoods.   They had a bunch  of ingredients that                                                                    
     they felt  would help them further  their industries on                                                                    
     a local  basis. ... The subcommittee  listened to that;                                                                    
     we crafted this particular bill in response to that.                                                                       
                                                                                                                                
     What  this   bill  does,  in  response   to  their  ...                                                                    
     requests, it  creates 12 regions  in the state  where a                                                                    
     development   association   could  be   initiated   and                                                                    
     created.   The  power  to ...  authorize that  creation                                                                    
     lies ...  with the commissioner ...  [of the Department                                                                    
     of Community & Economic  Development (DCED)], but it is                                                                    
     a voluntary organization.                                                                                                  
                                                                                                                                
     The fishermen  in each of  those regions would  need to                                                                    
     approach  the  commissioner  and   ask  to  become  the                                                                    
     organization  that represents  that region.   It's  the                                                                    
     first-in  organization that  gets  to  be the  regional                                                                    
     one, and  then they  would have to  take a  vote, which                                                                    
     the  commissioner would  conduct,  of  their gear  type                                                                    
     [or] their fishery.                                                                                                        
                                                                                                                                
     It allows those  types of definitions.  If  they get 51                                                                    
     percent of -  if it's a gear type or  if it's a fishery                                                                    
     - then they  have an organization.  They  also, at that                                                                    
     time, designate  what the tax  is that they  would like                                                                    
     to  collect from  their  membership,  and then  they're                                                                    
     able  to utilize  those taxes  for  the development  of                                                                    
     their fishery resources in that region.                                                                                    
                                                                                                                                
Number 0340                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  indicated changes  made in  Version U  are in                                                               
response to  public testimony.   Turning  to page  9, line  2, he                                                               
explained  that "may"  was  changed to  "shall"  because of  some                                                               
discomfort by members of the  fishing industry who wanted to have                                                               
a  little  more force  with  the  commissioner and  wanted  these                                                               
things to happen.   He indicated another change was  made to this                                                               
sentence  to clarify  that the  first  qualified organization  to                                                               
apply  will  be  designated   the  regional  seafood  development                                                               
association; otherwise,  it could  result in  competition between                                                               
two or more fishing groups.                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  indicated that a  change on page 10,  line 2,                                                               
removed the phrase "including seafood  processors" in response to                                                               
testimony  by members  of  the  fishing industry.    He said  the                                                               
change doesn't mean that [seafood  processors] can't be included,                                                               
but "they don't have to provide that  if they don't want to."  He                                                               
reported  that  there  was  some   feeling,  depending  upon  the                                                               
complexity of  the regional organization and  the powers adopted,                                                               
that there may  a conflicting situation with  a seafood processor                                                               
in  relation  to federal  law.    In  order  to avoid  that,  the                                                               
language was removed;  he remarked, "We have no  objections."  He                                                               
said there was virtually no opposition to this [bill version].                                                                  
                                                                                                                                
Number 0579                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOLF asked  if this  would promote  the [state's]                                                               
regional seafood  development programs  such as the  "Kenai Wild"                                                               
branding program.   He also asked  if this bill would  reduce the                                                               
size or influence of Alaska Seafood Marketing Institute (ASMI).                                                                 
                                                                                                                                
REPRESENTATIVE OGG  replied that this  bill is separate  from any                                                               
ASMI bill that will be coming  through the legislature.  He added                                                               
that whatever happens to ASMI really  has no impact on this bill,                                                               
and  the bill  has no  impact on  ASMI, except  that it  enhances                                                               
Alaskan seafood.                                                                                                                
                                                                                                                                
Number 0669                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEPOVICH   asked  which  organizations   are  in                                                               
support of the bill.                                                                                                            
                                                                                                                                
REPRESENTATIVE OGG  explained that during the  initial Task Force                                                               
hearings    there   had    been   questions    from   fishermen's                                                               
organizations;  those  whom  the  Task Force  has  contacted  are                                                               
supportive of this bill.  It  is a voluntary operation, he added,                                                               
and fishermen's organizations that really  want this bill want it                                                               
so they can get on with their business.                                                                                         
                                                                                                                                
REPRESENTATIVE  WOLF  asked  if   fishery  taxes  would  be  made                                                               
available to the regional programs with passage of the bill.                                                                    
                                                                                                                                
REPRESENTATIVE  OGG replied  no.   He said  this bill  sets up  a                                                               
separate  category  of taxes  for  this  particular purpose;  for                                                               
participating  fishing  groups,  this  will be  a  new  tax  that                                                               
they'll voluntary adopt.   He said this doesn't  affect any other                                                               
fishery taxes that the state presently has.                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF asked if this is  going to be a tax above the                                                               
existing "raw fish tax" that the state has.                                                                                     
                                                                                                                                
REPRESENTATIVE OGG said yes.                                                                                                    
                                                                                                                                
Number 0829                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  directed  attention to  page  10  and                                                               
asked whether an association on  an Interior river that wanted to                                                               
form  a development  association  would be  qualified under  this                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  OGG  related  his  understanding  that  it  would                                                               
qualify; it  was one  of the  questions that  came up  during the                                                               
process.  He explained that  people from the Alaska Peninsula and                                                               
the Yukon-Kuskokwim  area had said  it would be unwieldy  to have                                                               
one  organization represent  900 miles  of Yukon-Kuskokwim  river                                                               
system,  and had  requested that  it  be broken  down into  three                                                               
separate,  distinct regions,  which  was  accomplished early  on.                                                               
They were pleased with that, he  said, and it covers every region                                                               
of the state where there are fishery resources.                                                                                 
                                                                                                                                
Number 0946                                                                                                                     
                                                                                                                                
GERALD  McCUNE, Lobbyist  for United  Fishermen of  Alaska (UFA),                                                               
informed the  committee that UFA  had voted to support  this bill                                                               
wholeheartedly.   He  added that  the sponsor  had explained  the                                                               
bill pretty well.                                                                                                               
                                                                                                                                
Number 0990                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HEINZE  moved to  report  CSHB  419 [Version  23-                                                               
LS1418\U,  Utermohle, 3/3/04]  out of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  419(RES)  was  reported   from  the  House                                                               
Resources Standing Committee.                                                                                                   
                                                                                                                                

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