Legislature(2005 - 2006)SENATE FINANCE 532

05/06/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= HB 381 TOBACCO REV. FOR CAPITAL PROJECTS TELECONFERENCED
Moved SCS CSHB 381(FIN) Out of Committee
+ HB 266 VEHICLE WEIGHTS AND INSURANCE TELECONFERENCED
Moved CSHB 266(FIN) Out of Committee
+ HB 403 NEIGHBORHOOD ELECTRIC VEHICLES TELECONFERENCED
Moved SCS CSHB 403(TRA) Out of Committee
+ HB 304 COMMERCIAL FISHING LOAN PROGRAM TELECONFERENCED
Moved CSHB 304(FIN) am Out of Committee
+ HB 409 NO WORKERS' COMP. FOR REAL EST. LICENSEE TELECONFERENCED
Moved CSHB 409(L&C) Out of Committee
+ HB 240 BREWERY& BREWPUB LICENSEE/SALES BY WINERY TELECONFERENCED
Moved SCS CSHB 240(FIN) Out of Committee
+ HB 150 LICENSING RADIOLOGIC TECHNICIANS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     CS FOR HOUSE BILL NO. 304(FIN) am                                                                                          
     "An Act relating to the commercial fishing loan program;                                                                   
     and providing for an effective date."                                                                                      
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHN COGHILL,  the  bill's  sponsor, stated  this                                                               
bill  would revise  the Commercial  Fishing  Revolving Loan  Fund                                                               
(CFRLF) program  administered by  the Division of  Investments in                                                               
the Department  of Commerce, Community and  Economic Development.                                                               
His  "philosophical" belief  that government  should not  compete                                                               
with  private  enterprise  has  influenced  his  actions  in  the                                                               
Legislature  and  thus,  prompted   his  interest  in  the  CFRLF                                                               
program.                                                                                                                        
                                                                                                                                
9:55:03 AM                                                                                                                    
                                                                                                                                
Representative  Coghill  shared that  he  began  his "journey  of                                                               
understanding"  the  Division's  loan-lending activity  with  the                                                               
commercial fishing  industry, as  allowed by Alaska  Statute (AS)                                                               
16.10.300-370 enacted  in 1972,  several years ago.  Overtime, he                                                               
became  convinced the  program  was  beneficial; particularly  as                                                               
some of the State's commercial  fishing permits are designed in a                                                               
manner  which  has  served  to reduce  the  entities  lending  on                                                               
permits  to only  the Commercial  Fishing  and Agricultural  Bank                                                               
(CFAB) and the  CFRLF program. Thus, "it is probably  not wise to                                                               
take it off the books".                                                                                                         
                                                                                                                                
Representative Coghill  specified that his  goal was to  make the                                                               
CFRLF program "the  lender of last resort as much  as possible so                                                               
that  those  who  are  fishing  in  the  fishing  fleet  who  are                                                               
servicing  their loan  through commercial  lenders don't  have to                                                               
compete with people  who are getting probably a  much better deal                                                               
from the State".  To that point, this  legislation "would tighten                                                               
up  some of  the provisions"  and would  codify law  so that,  in                                                               
order  to qualify  for  the  program, a  person  must have  first                                                               
attempted "to apply  for a loan with  another federally chartered                                                               
institution or  CFAB". He reiterated  that the Division  and CFAB                                                               
are "the only  two" entities providing loans  for fishing permits                                                               
in the State. Provisions pertaining  to other loan programs, such                                                               
as the Community Quota Shares  program, are also addressed in the                                                               
bill.                                                                                                                           
                                                                                                                                
9:57:08 AM                                                                                                                    
                                                                                                                                
Representative  Coghill informed  the  Committee that  commercial                                                               
fishermen also  utilize CFRLF to refinance  their commercial bank                                                               
loans. The  Sponsor Statement addressed  this and  other proposed                                                               
provisions as follows.                                                                                                          
                                                                                                                                
     HB 304  reduces the amount  of loans for refinancing  a debt                                                               
     to  $200,000 per  person, down  from $300,000.  It increases                                                               
     the loan  limit for  past due  federal tax  obligations from                                                               
     $30,000  to  $35,000. And  it  limits  all loans,  including                                                               
     purchase  of  entry  permits  and  gear,  vessel  purchases,                                                               
     repair of  existing vessels,  and federal  tax debt  for one                                                               
     person  to $400,000.  That limit  now  totals $930,000.  The                                                               
     bill  reduces security  of a  loan from  90% to  80% of  the                                                               
     appraised  value  of  the collateral.  HB  304  changes  the                                                               
     interest rate to  prime rate plus two  percentage points and                                                               
     keeps the cap at 10 1/2%.                                                                                                  
                                                                                                                                
Representative Coghill  pointed out  that this  legislation would                                                               
also repeal a State Statute,  which required the Division "to set                                                               
aside ten  percent of the  funds" to  support loans of  less than                                                               
$35,000.  This directive  was deemed  unnecessary;  this has  not                                                               
been an issue since the Division has sufficient cash available.                                                                 
                                                                                                                                
Representative Coghill  specified one of the  major components of                                                               
the  bill  as  the  lowering  of "the  aggregate  loan"  limit  a                                                               
commercial fisherman  could obtain  for their boat,  license, and                                                               
equipment  from  $930,000  to $400,000.  The  exception  to  that                                                               
provision would be  the Community Quota Shares  program, which is                                                               
a community loan issue.                                                                                                         
                                                                                                                                
9:58:41 AM                                                                                                                    
                                                                                                                                
Representative Coghill pointed out  that another key component of                                                               
the  bill would  establish the  interest rate  at prime  plus two                                                               
percent  with a  limit of  10.5 percent.  The 10.5  percent is  a                                                               
"compromised"  rate,  resulting  from a  "reasonable  attempt  to                                                               
tighten  up the  Division  of Investments".  He  worked with  the                                                               
Division as  well as former  State Senator Alan  Austerman, whose                                                               
current  capacity  is Fisheries  Policy  Advisor,  Office of  the                                                               
Governor. Greg Winegar, Director  of the Division of Investments,                                                               
has agreed to the changes proposed in the bill.                                                                                 
                                                                                                                                
Representative Coghill  informed the Committee that,  even though                                                               
he had  preferred establishing  a limit  other than  the proposed                                                               
10.5 percent, he was "content" to see how it would function.                                                                    
                                                                                                                                
Representative Coghill  characterized the legislation as  "a work                                                               
in  progress". This  was  the  fifth year  he  had addressed  the                                                               
issue.  It was  "a  reasonable effort"  and  would benefit  those                                                               
fishermen who must compete "in the  same waters for the same fish                                                               
and have to go to a  variety of different banks". The CFRLF would                                                               
continue to provide "flexibilities  that are still very generous"                                                               
even with the 10.5 percent limit.                                                                                               
                                                                                                                                
10:00:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  asked for further information  about the $930,000                                                               
limit.                                                                                                                          
                                                                                                                                
Representative Coghill  identified $930,000 as being  the current                                                               
aggregate limit.                                                                                                                
                                                                                                                                
Co-Chair  Green surmised  that,  rather  than being  specifically                                                               
identified in  the bill,  $930,000 was  the sum  of a  variety of                                                               
different things.                                                                                                               
                                                                                                                                
Representative Coghill affirmed.                                                                                                
                                                                                                                                
Senator  Dyson  understood that  the  provision  that required  a                                                               
fisherman applying  for a  CFRLF loan to  have participated  in a                                                               
commercial fishery had  been omitted from the  bill. The language                                                               
deleted  is depicted  in Section  1(a)(1)(D)(i), page  3 lines  5                                                               
through 10.                                                                                                                     
                                                                                                                                
Representative  Coghill  pointed  out that  language  in  Section                                                               
1(a)(1)(A) on page 1 lines 7  through 13 specifies to whom a loan                                                               
could be made. Among the  requirements is that the loan recipient                                                               
must hold a  commercial fishing license and be a  resident of the                                                               
State.                                                                                                                          
                                                                                                                                
10:02:29 AM                                                                                                                   
                                                                                                                                
Senator  Dyson ascertained  therefore that  Section 1(a)(1)(D)(i)                                                               
was eliminated because it was redundant language.                                                                               
                                                                                                                                
Senator Bunde concurred.                                                                                                        
                                                                                                                                
Co-Chair Green affirmed  that the language had  simply been moved                                                               
to a different location in the bill.                                                                                            
                                                                                                                                
10:02:50 AM                                                                                                                   
                                                                                                                                
Representative   Coghill  stated   that   other  qualifiers   and                                                               
disqualifiers are included in Section  1(a)(1)(B) on page 2 lines                                                               
2 through 29.                                                                                                                   
                                                                                                                                
GREG WINEGAR,  Director, Division  of Investments,  Department of                                                               
Commerce,  Community and  Economic  Development communicated  the                                                               
bill would revise the qualifiers  for tax obligation loans, which                                                               
are a type of loan offered  to commercial fishermen by CFRLF. The                                                               
bill would retain the lack  of training or economic dependence on                                                               
fishing for  livelihood qualifiers.  In addition, the  bill would                                                               
limit  federal tax  obligation loans  to  people meeting  Section                                                               
1(a)(1)(B)  eligibility   specifications  rather   than  allowing                                                               
people  meeting  either  Section  (a)(1)(A) or  (B)  criteria  to                                                               
qualify. Section  1(a)(1)(B) qualifiers would include  people who                                                               
did not qualify for loans  elsewhere; those who were economically                                                               
dependent on  fishing; and those  residing in rural areas  of the                                                               
State.                                                                                                                          
                                                                                                                                
10:04:41 AM                                                                                                                   
                                                                                                                                
Senator  Dyson asked  for further  information about  federal tax                                                               
obligation  loans.  He  understood that  a  qualifying  fisherman                                                               
could his utilize such a loan to pay off their federal taxes.                                                                   
                                                                                                                                
Mr. Winegar affirmed. This program  was created several years ago                                                               
when there was  "an awful lot of  non-compliance problems, mainly                                                               
out in rural  Alaska". The program has not been  utilized much in                                                               
recent years.  Only three  such loans have  been provided  in the                                                               
last  four years.  The  State worked  with  the federal  Internal                                                               
Revenue Service (IRS)  to develop a program  through which people                                                               
could  become  compliant  without   losing  their  limited  entry                                                               
permits through IRS seizures action.                                                                                            
                                                                                                                                
10:05:48 AM                                                                                                                   
                                                                                                                                
Senator Dyson  ascertained that the  term "compliant"  meant they                                                               
were paying their tax in a timely manner.                                                                                       
                                                                                                                                
Mr. Winegar replied "yes".                                                                                                      
                                                                                                                                
10:06:01 AM                                                                                                                   
                                                                                                                                
Senator  Olson  asked the  number  of  individuals who  would  be                                                               
affected by the proposed changes.                                                                                               
                                                                                                                                
10:06:11 AM                                                                                                                   
                                                                                                                                
Mr.  Winegar  stated  that,  as  specified in  the  May  1,  2006                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
fiscal note #3,  the bill might lower the number  of loans by two                                                               
per  year.  Currently, only  one  borrower  exceeds the  proposed                                                               
$400,000 loan  limit. That borrower  would be  grandfathered into                                                               
the $930,000 aggregate limit.                                                                                                   
                                                                                                                                
Senator Olson  shared the concern  that out-of-state  people were                                                               
acquiring limited  entry fishing permits. They  are attractive as                                                               
the price  being offered for  fish is making the  permits "fairly                                                               
valuable".  Noting  that  the bill  would  require  borrowers  to                                                               
reside in the State for two  years, he asked how residency status                                                               
would be verified.                                                                                                              
                                                                                                                                
Mr. Winegar expressed that the  two-year residency requirement is                                                               
carefully  evaluated. Such  things as  an applicant's  tax return                                                               
filing, the location of their  car registration, where their bank                                                               
account is located or whether  they had received a Permanent Fund                                                               
Dividend are analyzed.                                                                                                          
                                                                                                                                
Representative Coghill  remarked that,  while he  had "pressured"                                                               
the Division  of Investments "to  not hang onto  these licenses",                                                               
the "direction"  sent by the  Legislature was that  limited entry                                                               
permits should  be kept in  the State.  His position is  that the                                                               
Division  has  held onto  permits  "a  little longer"  than  they                                                               
should have.                                                                                                                    
                                                                                                                                
No further testifiers or Committee concerns were presented.                                                                     
                                                                                                                                
10:08:05 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken moved  to report  the bill  from Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being no  objection, CS  HB 304(FIN)am  was REPORTED  from                                                               
Committee with  previous zero  fiscal note #3  dated May  1, 2006                                                               
from  the   Department  of   Commerce,  Community   and  Economic                                                               
Development.                                                                                                                    
                                                                                                                                
10:08:54 AM                                                                                                                   
                                                                                                                                

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