Legislature(2003 - 2004)

04/29/2004 08:44 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 29, 2004                                                                                           
                         8:44 A.M.                                                                                              
                                                                                                                                
TAPE HFC 04 - 101, Side A                                                                                                       
TAPE HFC 04 - 101, Side B                                                                                                       
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House Finance Committee meeting                                                                    
to order at 8:44 A.M.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Harris, Co-Chair                                                                                            
Representative Bill Williams, Co-Chair                                                                                          
Representative Kevin Meyer, Vice-Chair                                                                                          
Representative Mike Chenault                                                                                                    
Representative Eric Croft                                                                                                       
Representative Hugh Fate                                                                                                        
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Carl Moses                                                                                                       
Representative Bill Stoltze                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Gary  Stevens; Terry Harvey, Staff  to Representative                                                                   
Weyhrauch; Tim  Arnold, Vice  President and General  Manager,                                                                   
Coeur Alaska;  Mr. Donald  Bremner, Tlingit  & Haida  Central                                                                   
Council                                                                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Jim McMillan, Alaska Industrial Development & Export                                                                            
Authority (AIDEA), Anchorage                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 556                                                                                                                          
                                                                                                                                
     An Act  relating to a  port development project  at Lynn                                                                   
     Canal,  providing legislative  approval  for the  Alaska                                                                   
     Industrial  Development and  Export  Authority to  issue                                                                   
     bonds or  otherwise provide  financing for the  project;                                                                   
     and providing for an effective date.                                                                                       
                                                                                                                                
     CSHB 556(FIN)  was REPORTED out of Committee  with a "do                                                                   
     pass" recommendation  and with one previously  published                                                                   
     fiscal impact note.                                                                                                        
                                                                                                                                
HCS FOR CS FOR SB 273(FSH)                                                                                                      
                                                                                                                                
     An Act amending the size,  membership, and powers of the                                                                   
     board  of  directors  of the  Alaska  Seafood  Marketing                                                                   
     Institute  and  making  a corresponding  change  in  the                                                                   
     quorum  requirement;  authorizing the  establishment  of                                                                   
     the  seafood  marketing  assessment  at a  rate  of  0.5                                                                   
     percent or 0.6 percent of  the value of seafood products                                                                   
     produced;   providing  for   an   election  to   retain,                                                                   
     terminate,    or   increase   the   seafood    marketing                                                                   
     assessment;  providing  for  the repeal  of  the  salmon                                                                   
     marketing  tax  and  provisions related  to  the  salmon                                                                   
    marketing tax; and providing for an effective date.                                                                         
                                                                                                                                
     SB  273 was  heard  and HELD  in  Committee for  further                                                                   
     consideration.                                                                                                             
                                                                                                                                
CCSSB 286(FIN)                                                                                                                  
                                                                                                                                
     An   Act   relating  to   direct   marketing   fisheries                                                                   
     businesses,  to  the  fisheries  business  tax,  and  to                                                                   
     liability  for payment of  taxes and assessments  on the                                                                   
     sale  or transfer  of fishery  resources; and  providing                                                                   
     for an effective date."                                                                                                    
                                                                                                                                
     SB 286 was POSTPONED.                                                                                                      
                                                                                                                                
SB 315                                                                                                                          
                                                                                                                                
     An  Act relating  to  the administration  of  commercial                                                                   
     fishing entry permit buy-back programs.                                                                                    
                                                                                                                                
     SB 315 was POSTPONED.                                                                                                      
                                                                                                                                
SB 322                                                                                                                          
                                                                                                                                
     An Act  relating to the  rate of the salmon  enhancement                                                                   
     tax.                                                                                                                       
                                                                                                                                
     SB 322 was POSTPONED.                                                                                                      
                                                                                                                                
HOUSE BILL NO. 556                                                                                                            
                                                                                                                                
     An Act  relating to a  port development project  at Lynn                                                                   
     Canal,  providing legislative  approval  for the  Alaska                                                                   
     Industrial  Development and  Export  Authority to  issue                                                                   
     bonds or  otherwise provide  financing for the  project;                                                                   
     and providing for an effective date.                                                                                       
                                                                                                                                
TERRY HARVEY,  STAFF TO  REPRESENTATIVE WEYHRAUCH,  explained                                                                   
that HB  556 is a revenue  bond bill for the  Kensington Mine                                                                   
project  located  about  50 miles  northwest  of  Juneau.  He                                                                   
stated that the Kensington Mine  is nearing completion of its                                                                   
permitting process  and construction  could begin  next year.                                                                   
The Alaska Industrial Development  & Export Authority (AIDEA)                                                                   
has helped to draft  the bill. The revenue bonds  are for the                                                                   
port infrastructure at Cascade  Point and Lower Slate Cove to                                                                   
help transport mine supplies and workers.                                                                                       
                                                                                                                                
Co-Chair  Harris   asked  the  amount  that   AIDEA  has  the                                                                   
authority to  bond without  legislative approval.  Mr. Harvey                                                                   
said about  $10 million,  and clarified  that the bill  gives                                                                   
AIDEA authorization.                                                                                                            
                                                                                                                                
JIM  MCMILLAN,   DEPUTY  DIRECTOR  OF  CREDIT   AND  BUSINESS                                                                   
DEVELOPMENT,   ALASKA   INDUSTRIAL   DEVELOPMENT   &   EXPORT                                                                   
AUTHORITY,  VIA  TELECONFERENCE,  ANCHORAGE,  expressed  that                                                                   
AIDEA supports the  bill. He noted that AS  44.88 gives AIDEA                                                                   
the  authority to  issue bonds,  and  the bonds  would be  in                                                                   
excess of $10  million.  The current project  status includes                                                                   
conceptual costs and designs.                                                                                                   
                                                                                                                                
Mr. McMillan  stressed two points.  The preliminary  costs of                                                                   
$7  million are  "very  soft," and  AIDEA  is concerned  that                                                                   
costs could exceed $10 million.  The IRS code with tax exempt                                                                   
financing of a dock facility allows  for financing of related                                                                   
upland improvements, which will  be part of the due diligence                                                                   
process. He  said that  it is  uncertain whether any  uplands                                                                   
development will  be included, but the financing  could reach                                                                   
well above $10 million.                                                                                                         
                                                                                                                                
Mr.   McMillan   explained  that   HB   556   is  simply   an                                                                   
authorization  allowing the  project  to proceed  to the  due                                                                   
diligence process.  The financing  approval by AIDEA's  board                                                                   
of  directors  depends  on  several   statutory  requirements                                                                   
including  a feasibility  analysis, a  financial plan,  and a                                                                   
finding of  the economic,  social and environmental  effects.                                                                   
He  noted that  this  is the  beginning  of  a long  process.                                                                   
Authorization  is required  only when  the project  is to  be                                                                   
financed under AIDEA's development  finance program, known as                                                                   
"the own and operate." AIDEA would  own the docks because the                                                                   
IRS code  requires government  ownership to qualify  for tax-                                                                   
exempt  financing. Tax  exempt  financing  also requires  the                                                                   
likelihood of  public use of  the dock facilities.  The AIDEA                                                                   
would  seek  a  determination  from  the  IRS  that  the  two                                                                   
facilities qualify for public use.                                                                                              
                                                                                                                                
Mr. McMillan  said that AIDEA estimates  250-300 construction                                                                   
jobs, and  110-250 permanent  jobs at  Kensington Mine.   The                                                                   
tax-exempt  financing  would   assist  the  developer,  Coeur                                                                   
Alaska, through  the issuance  of tax-exempt bonds  and lower                                                                   
cost financing,  which could save  up to 2% on  the financing                                                                   
cost. The AIDEA proposes to issue  conduit tax-exempt revenue                                                                   
bonds,  which means  its credit  and assets  would not  be at                                                                   
risk.   The  bondholders who  supply  the money  in an  AIDEA                                                                   
pass-through will only look at  the project revenues from the                                                                   
Kensington  project, and  any  credit enhancements  that  the                                                                   
underwriters  may require  in order  to sell  the bonds.   He                                                                   
emphasized   the  due   diligence  process   and  that   this                                                                   
authorization and  neither a commitment on the  part of AIDEA                                                                   
to provide the financing nor a  commitment by Coeur Alaska to                                                                   
accept it.                                                                                                                      
                                                                                                                                
Representative Hawker  questioned the $7  million preliminary                                                                   
figure  while  the  bill  reflects   a  $20  million  bonding                                                                   
authority.   He asked  if there  would be  other projects  on                                                                   
Lynn  Canal that  would qualify.  Mr.  McMillan replied  that                                                                   
AIDEA is not considering any other projects at this time.                                                                       
                                                                                                                                
Representative  Hawker  asked  if  AIDEA might  end  up  with                                                                   
excess  bonding  capacity  if  this  bill  were  passed.  Mr.                                                                   
McMillan  said that  it  is possible  to  finance other  port                                                                   
development projects  in Lynn Canal with the  excess bonding.                                                                   
However,  AIDEA  would  meet   with  the  Legislature  before                                                                   
considering any other projects.                                                                                                 
                                                                                                                                
Representative  Hawker   asked  if  AIDEA  would   object  to                                                                   
tightening  up  the definition  to  make  it clear  that  the                                                                   
bonding authorization  applies only  to the specific  project                                                                   
involving  the Kensington  Mine.  Mr. McMillan  replied  that                                                                   
AIDEA would not object.                                                                                                         
                                                                                                                                
Representative  Chenault questioned  if it  is intended  that                                                                   
the money go to other [upland]  projects.  He asked who would                                                                   
pay  for maintenance  and  repair  of  the facility,  and  if                                                                   
public access would happen during  the mine's operation or in                                                                   
later years.                                                                                                                    
                                                                                                                                
Mr.  McMillan replied  that there  has not  been any  related                                                                   
upland  improvement  identified,   but  AIDEA  would  make  a                                                                   
determination  in the near  future.   An upland fuel  storage                                                                   
facility would  qualify, but it  is uncertain if it  would be                                                                   
required.   Coeur   has   requested    additional   financial                                                                   
assistance  for  a  tailings   disposal  facility  but  AIDEA                                                                   
wouldn't  own  it.  The  AIDEA  can  issue  extra  tax-exempt                                                                   
conduit revenue bonds for solid waste disposal.                                                                                 
                                                                                                                                
Regarding  maintenance,  Mr. McMillan  explained  that  AIDEA                                                                   
could  enter into  a  use agreement  with  Coeur Alaska,  who                                                                   
would  be  totally  responsible   for  dock  maintenance  and                                                                   
operation. Public access is a  requirement under IRS code and                                                                   
it cannot  be precluded, although  the Kensington  Mine would                                                                   
have preferential  use. If both dock facilities  are financed                                                                   
and owned by AIDEA, these would  be available for public use.                                                                   
                                                                                                                                
Representative  Fate remarked  that if the  life of  the mine                                                                   
does not  extend the life  of the port,  the amount  of usage                                                                   
would  stop shortly  after the  mine closes  and he asked  if                                                                   
there would  be problems  meeting operations and  maintenance                                                                   
costs. Mr. McMillan  replied that the projected  mine life is                                                                   
10 or 12 years, a relatively short  term to finance a project                                                                   
of this nature.  Coeur Alaska expects other  minerals [silver                                                                   
and copper]  and that the mine  will be there longer  than 10                                                                   
years. At  the end  of the mine  life agreement,  AIDEA would                                                                   
either lease  or sell  the dock facility  to Coeur  Alaska at                                                                   
fair  market value.  The southern  port  facility at  Cascade                                                                   
Point would be on land owned by  Goldbelt, with the potential                                                                   
to transfer  the facility  to the  Corporation. He  said that                                                                   
these  issues would  be addressed  during  the due  diligence                                                                   
process.                                                                                                                        
                                                                                                                                
Representative  Joule  asked if  there  are  other models  in                                                                   
place similar  to this financing.  Mr. McMillan  described it                                                                   
as "hybrid" financing, a combination  of two programs.  These                                                                   
are  a  development   finance  program  of   own-and-operate,                                                                   
wherein AIDEA  owns the  asset, and  the issuance of  not-at-                                                                   
risk conduit bonds.  He likened it to the  Snettisham Project                                                                   
that AIDEA  sold to AEL&P  through conduit financing  so that                                                                   
AIDEA is not at risk.                                                                                                           
                                                                                                                                
TIM  ARNOLD,  VICE  PRESIDENT   AND  GENERAL  MANAGER,  COEUR                                                                   
ALASKA,  stated that  the Kensington  Mine  project has  been                                                                   
planned  for some  time, and  Coeur  Alaska will  be able  to                                                                   
proceed  with  development  by  mid-summer.  He  referred  to                                                                   
"Project Summary  and Overview of Partnership  Opportunities,                                                                   
April 2004,"(copy  on file) and  explained that  Coeur Alaska                                                                   
could  do the financing  itself  and it has  two options.  It                                                                   
could build the  facility and under the  current supplemental                                                                   
environmental impact statement  (SEIS), could own and operate                                                                   
it, leaving a  "small footprint" by removing the  dock at the                                                                   
end of project. The other option  would involve AIDEA getting                                                                   
Coeur  Alaska  tax-exempt  financing   during  the  repayment                                                                   
period, with State ownership after the mine closes.                                                                             
                                                                                                                                
Vice-Chair  Meyer  expressed  support  for  the  project.  In                                                                   
response to a  question by Vice-Chair Meyer,  Mr. Arnold said                                                                   
that  Coeur  Alaska  is  full   owner  of  the  project.  The                                                                   
operation  would  involve  250  jobs,  with  additional  jobs                                                                   
during the construction phase.                                                                                                  
                                                                                                                                
Vice-Chair Meyer  asked if the permitting process  is working                                                                   
well.  Mr.  Arnold  answered  that  the  project  is  halfway                                                                   
through  the  NEPA process  (the  supplemental  environmental                                                                   
impact statement) because of design changes.                                                                                    
                                                                                                                                
In  response  to  a question  by  Representative  Joule,  Mr.                                                                   
Arnold reiterated  that there  would be  about 250  jobs when                                                                   
the  mine  is  in  operation,  with up  to  300  jobs  during                                                                   
construction. He said their goal  would be as much local hire                                                                   
as possible, and  secondarily Alaska hires, and  then Outside                                                                   
hires.   The  company  would provide  a  good local  training                                                                   
program for operation of the mine.                                                                                              
                                                                                                                                
Mr.   Arnold    discussed   the   rotation    schedule   with                                                                   
Representative  Joule,  and  described  the Kensington  as  a                                                                   
community  mine  involving  a  beautiful  commute,  with  the                                                                   
possibility   of  a   different  schedule   to  work   around                                                                   
employees' needs.                                                                                                               
                                                                                                                                
Representative  Joule asked the  annual payroll.   Mr. Arnold                                                                   
thought  it would  be about $19  million, and  said he  would                                                                   
provide  the   figure.  Representative  Joule   asked  if  he                                                                   
anticipated problems  related to the marine  life and fishing                                                                   
in Lynn  Canal. Mr. Arnold  replied that  he did not,  and it                                                                   
was addressed in the supplemental EIS.                                                                                          
                                                                                                                                
Representative Hawker asked if  the tunnel connecting the two                                                                   
mine sites  would  be a vehicle  or rail  tunnel. Mr.  Arnold                                                                   
explained that  it would  be a vehicle  tunnel for  running a                                                                   
40-ton  truck  from  Kensington   Mine  to  Jualin  Mine.  In                                                                   
response to a  question by Representative Hawker,  Mr. Arnold                                                                   
said that he hoped to lower the  $5 million cost estimate for                                                                   
1-1/2 miles.                                                                                                                    
                                                                                                                                
Representative  Croft asked the  steady price of  gold needed                                                                   
for the  mine to be  economical. Mr.  Arnold said  the break-                                                                   
even cost  would be $200  per ounce.  He noted that  gold has                                                                   
been  hovering between  $400  and $425,  and  has now  dipped                                                                   
below $400.                                                                                                                     
                                                                                                                                
In response  to a  question by  Vice-Chair Meyer, Mr.  Arnold                                                                   
said that  he expected  the mine to  produce some  silver and                                                                   
copper, but the payable metal  would be gold. It is primarily                                                                   
a gold mine.                                                                                                                    
                                                                                                                                
Representative Hawker  MOVED to ADOPT Amendment  #1. Co-Chair                                                                   
Williams OBJECTED for purposes of discussion.                                                                                   
                                                                                                                                
Amendment #1 reads:                                                                                                             
                                                                                                                                
Page 1, line 9                                                                                                                  
Insert:  "at Slate Creek Cove and Cascade Point"                                                                                
                                                                                                                                
To read:                                                                                                                        
(a) The  Alaska Industrial  Development and Export  Authority                                                                   
may  issue bonds  to  finance the  acquisition,  development,                                                                   
improvement, and construction  of port and related facilities                                                                   
located at Slate  Creek Cove and Cascade Point  on Lynn Canal                                                                 
in Southeast Alaska.                                                                                                            
                                                                                                                                
Representative Hawker  explained that Amendment  #1 addresses                                                                   
the issue  of over-authorization  of bonding  and makes  it a                                                                   
site-specific project.                                                                                                          
                                                                                                                                
Co-Chair Williams  removed his  objection.  Amendment  #1 was                                                                   
adopted.                                                                                                                        
                                                                                                                                
Representative  Foster MOVED to  report CSHB 556(FIN)  out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note. There  being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
Co-Chair Williams pointed out  a conflict of interest because                                                                   
he  is  a  shareholder  in  Cape  Fox  Corporation  which  is                                                                   
negotiating a land trade in the area.                                                                                           
                                                                                                                                
CSHB 556(FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation  and  with  one  previously  published  fiscal                                                                   
impact note.                                                                                                                    
                                                                                                                                
HOUSE CS FOR CS FOR SENATE BILL NO. 273(FSH)                                                                                  
                                                                                                                                
     An Act amending the size,  membership, and powers of the                                                                   
     board  of  directors  of the  Alaska  Seafood  Marketing                                                                   
     Institute  and  making  a corresponding  change  in  the                                                                   
     quorum  requirement;  authorizing the  establishment  of                                                                   
     the  seafood  marketing  assessment  at a  rate  of  0.5                                                                   
     percent or 0.6 percent of  the value of seafood products                                                                   
     produced;   providing  for   an   election  to   retain,                                                                   
     terminate,    or   increase   the   seafood    marketing                                                                   
     assessment;  providing  for  the repeal  of  the  salmon                                                                   
     marketing  tax  and  provisions related  to  the  salmon                                                                   
    marketing tax; and providing for an effective date.                                                                         
                                                                                                                                
Co-Chair  Harris MOVED  to ADOPT  Work Draft  Version G,  23-                                                                   
LS1366\G,  Utermohle, dated  4-26-04, as  the version  before                                                                   
the Committee.  There being NO  OBJECTION, it was so ordered.                                                                   
                                                                                                                                
SENATOR GARY  STEVENS, SPONSOR,  explained that SB  332 would                                                                   
expedite a  process to  begin in January  2005. On  August 1,                                                                   
2004 the director of the Division  of Elections would approve                                                                   
the  ballot  [for  the Board  of  Directors,  Alaska  Seafood                                                                   
Marketing Institute (ASMI)]. On  September 1, ASMI would hold                                                                   
a  meeting with  the  processors  and fishermen.  The  ballot                                                                   
would be mailed,  postmarked and returned to  the Division of                                                                   
Elections to  be certified by  November 1. If  the processors                                                                   
made the proposed  choice, the tax on salmon  fishermen would                                                                   
end on December 31 and the increased  tax on processors would                                                                   
begin on  January 1. The  bill ensures that processors  would                                                                   
be  taxed  during the  full  year  and  if there  were  fewer                                                                   
fishermen on the board, they would not pay the 1% tax.                                                                          
                                                                                                                                
Co-Chair  Harris  thought  that   Section  2  and  Section  3                                                                   
appeared nearly  identical. Senator  Stevens referred  to the                                                                   
chart showing the  current tax structure (copy on  file.)  He                                                                   
pointed  out that  ASMI does  the generic  marketing for  all                                                                   
seafood  products.   He  mentioned  the  1%   tax  on  salmon                                                                   
fishermen,  the 2%  processors' assessment,  and the  current                                                                   
25-member ASMI  Board.  The bill  addresses both the  size of                                                                   
the Board and stable funding for  ASMI, and it presents three                                                                   
options to the processors.                                                                                                      
                                                                                                                                
Senator  Stevens asserted  that  the current  25-member  ASMI                                                                   
board is unworkable.  He pointed out in the  far right column                                                                   
on  the chart  the  option for  the processors  to  eliminate                                                                   
their assessment  and to end ASMI,  with only the  salmon tax                                                                   
continuing.  The  ballot  would  ask  if any  tax  should  be                                                                   
continued for  ASMI.   The second column  of the  chart would                                                                   
reduce  the ASMI Board  to 7  members, eliminate  the tax  on                                                                   
fishermen and raise the processors  tax to .5% or $5 million.                                                                   
He asserted that this option would  be the most effective way                                                                   
for ASMI to continue.  The third  column would raise the ASMI                                                                   
Board  to  9  members  by  adding  two  more  fishermen,  and                                                                   
continue  the taxes on  salmon fishermen  and on  processors.                                                                   
Senator  Stevens  acknowledged  that the  bill  is  confusing                                                                   
because  it provides  options. The  law requires  51% of  the                                                                   
processors based on  the volume of product, or  the largest 7                                                                   
or 8 processors, to make a change.                                                                                              
                                                                                                                                
In response to a comment by Co-Chair  Harris, Senator Stevens                                                                   
remarked  that a  smaller board  with  more processors  would                                                                   
mean that  the processors would  pay more into  the industry.                                                                   
He said  the processors are  willing to  pay the .5%  and let                                                                   
the fishermen "off the hook."                                                                                                   
                                                                                                                                
In  response  to  a  question  by  Co-Chair  Harris,  Senator                                                                   
Stevens answered that the federal funding appears stable.                                                                       
Co-Chair Harris  asked if fishermen  would prefer  the second                                                                   
option  of not  paying a  tax. Senator  Stevens affirmed  and                                                                   
noted that the  structure of the board should  change in that                                                                   
case.                                                                                                                           
                                                                                                                                
Representative Joule  commented on small  Alaska-owned shops.                                                                   
He thought that the ASMI Board  would be controlled by out of                                                                   
state  processors  and  questioned giving  the  marketing  of                                                                   
seafood  to non-Alaskans.  Senator Stevens  pointed out  that                                                                   
seafood  is  an   international  industry,  with   a  lot  of                                                                   
marketing  outside  of  Alaska.  He  commented  that  he  was                                                                   
involved in  ASMI in the  1970s when  he was a  processor. He                                                                   
thought  that  the board  was  more  effective at  that  time                                                                   
because the  decisions were made  at the board level,  and he                                                                   
expressed that CEOs, presidents  and owners of processors are                                                                   
needed on the ASMI Board.                                                                                                       
                                                                                                                                
TAPE HFC 04 - 101, Side B                                                                                                     
                                                                                                                              
Senator  Stevens  continued,   noting  that  all  the  larger                                                                   
companies   and  corporations   deal  in   farmed  fish.   He                                                                   
reiterated   that   leadership   from  industry   should   be                                                                   
represented on the board.                                                                                                       
                                                                                                                                
Representative  Croft  asked  the current  structure  of  the                                                                   
board.  Senator  Stevens  replied that  the  25-member  board                                                                   
includes  one  person  from  outside   of  the  industry,  12                                                                   
fishermen and  12 processors.  Representative  Croft asked if                                                                   
the bill would change the composition  to five processors and                                                                   
two fishermen.  Senator Stevens affirmed.                                                                                       
                                                                                                                                
Representative Croft pointed out  that under either scenario,                                                                   
a  smaller   board  would   be  substantially  or   partially                                                                   
dominated   by   processors.    Senator   Stevens   affirmed.                                                                   
Representative Croft wondered  why permission is necessary to                                                                   
assess a processor  tax.  Senator Stevens replied  that under                                                                   
current law, processors  could make the choice  of increasing                                                                   
the percentage, with the option not to fund ASMI.                                                                               
                                                                                                                                
Representative  Croft asked  the rationale  of changing  to a                                                                   
board dominated by processors  interested in the expansion of                                                                   
farmed fish and  not motivated by Alaskan  interests. Senator                                                                   
Stevens replied that  ASMI would become less  effective if it                                                                   
continued  with   the  1%  fishermen's'   tax  and   the  .2%                                                                   
processors' tax. Alaska is no  longer the primary supplier of                                                                   
salmon with most of the industry involved in farmed salmon.                                                                     
                                                                                                                                
Representative Croft  supported restructuring the  board to a                                                                   
smaller  number but  wanted to  see control  over a  resource                                                                   
Alaska  owns.   He  didn't  think  ASMI  could   achieve  the                                                                   
marketing of  wild salmon by  giving the marketing  decisions                                                                   
to  people with  an inherent  conflict of  interest. He  said                                                                   
that assessing  the tax is  one thing, but giving  processors                                                                   
the power to choose how to market is another.                                                                                   
                                                                                                                                
Co-Chair  Williams  commented  that the  processors  and  the                                                                   
federal government  pay into the  marketing endeavor,  and if                                                                   
the state  were paying, restrictions  could be placed  on how                                                                   
the money  is spent. Representative  Croft argued that  it is                                                                   
all  state   money.  Co-Chair   Williams  replied   that  the                                                                   
processors could object.  Representative  Croft noted that it                                                                   
is  a voluntary  tax on  processors.  Co-Chair Williams  said                                                                   
that it  is "money  out of the  back pockets of  processors."                                                                   
The fishermen have assessed themselves  and have asked not to                                                                   
pay a tax.                                                                                                                      
                                                                                                                                
Senator Stevens  pointed out  that if 7  of the 8  processors                                                                   
could  not be  on the  board because  they  have farmed  fish                                                                   
product,  the processors  would  not move  to tax  themselves                                                                   
higher.  In current law  the processors  can decide  taxation                                                                   
and  this bill  gives  the  option to  go  to .5%  with  more                                                                   
control of  the board by the  processors. He felt that  it is                                                                   
reasonable  as long  as ASMI  gets the  marketing dollars  to                                                                   
make the  industry succeed.   The  tax level  is not  in this                                                                   
bill.                                                                                                                           
                                                                                                                                
Vice-Chair Meyer  asked if the  processors would pass  on the                                                                   
tax to  the fishermen  if the  fishermen don't  pay any  tax.                                                                   
Senator Stevens  said that  any tax  on the industry  impacts                                                                   
the  ex-vessel price  to  fishermen. Vice-Chair  Meyer  noted                                                                   
that fishermen pay the price either indirectly or directly.                                                                     
                                                                                                                                
Vice-Chair Meyer  asked if any  of the Dutch Harbor  floating                                                                   
processors  are Alaskan  companies.  Senator Stevens  replied                                                                   
that Alaska couldn't tax the processors  outside state waters                                                                   
unless they deliver a product inside state waters.                                                                              
                                                                                                                                
Representative Joule  asked if the  5 processors on  the ASMI                                                                   
Board, as  proposed in  the bill,  would be Alaskan.  Senator                                                                   
Stevens replied at least one would  be Alaskan, but currently                                                                   
most of  the larger  processors have  offices in Seattle  and                                                                   
elsewhere.                                                                                                                      
                                                                                                                                
Representative  Croft asked if  the bill allows  fishermen to                                                                   
lower  their  own  tax  and to  raise  the  processors'  tax.                                                                   
Senator  Stevens  replied  that   it  is  similar  to  twelve                                                                   
regional marketing  organizations with fishermen  choosing to                                                                   
tax  themselves and  collect monies  for regional  marketing.                                                                   
Regional  marketing  is  based  on grants  and  lacks  stable                                                                   
funding. He said  that many fishermen would  rather see money                                                                   
put into their own local organizations than into ASMI.                                                                          
                                                                                                                                
Representative  Croft  asked if  fishermen  want  any of  the                                                                   
options in the bill. Senator Stevens  replied that the United                                                                   
Fishermen of Alaska (UFA) supports  eliminating the 1% salmon                                                                   
harvester tax as part of the ASMI funding formula.                                                                              
                                                                                                                                
In response  to a question  by Representative  Croft, Senator                                                                   
Stevens affirmed that  the bill would involve a  shift to big                                                                   
processors, stating that the board needs industry leaders.                                                                      
                                                                                                                                
Representative Croft  questioned shifting the tax  and giving                                                                   
up control  of the market  when it all  will work out  in the                                                                   
value of the fish.  Senator Stevens stated that it  is a very                                                                   
indirect process.                                                                                                               
                                                                                                                                
Representative  Croft asked how  the composition of  the ASMI                                                                   
Board  could represent  the  diversity  of Alaskan  fishermen                                                                   
with just  2 seats  for fishermen.   Senator Stevens  replied                                                                   
that  it would  be  unworkable for  ASMI  to represent  every                                                                   
regional  fishery and  every species,  and  the Board  should                                                                   
have members that  represent and make marketing  decisions to                                                                   
benefit the  entire industry. He  thought that a  small group                                                                   
of 7 to 9 members would be more  effective than a much larger                                                                   
group of 25 members.                                                                                                            
                                                                                                                                
Representative  Fate asked  if  the board  would market  wild                                                                   
Alaskan salmon at  the expense of farmed salmon,  which might                                                                   
represent  the  biggest  margin of  profit.  Senator  Stevens                                                                   
replied  that Alaska  now must  deal  with the  international                                                                   
marketing structure  that includes farmed fish.  He said that                                                                   
Alaska  must   provide  the  highest  quality   product.  The                                                                   
industry looks  at what is  most profitable, and  farmed fish                                                                   
can  compete fairly  in the  market.  All product,  including                                                                   
farmed salmon, is marketed through ASMI.                                                                                        
                                                                                                                                
MR.  DONALD BREMNER,  TLINGIT  & HAIDA  CENTRAL COUNCIL,  and                                                                   
STAFF  to  SOUTHEAST  ALASKA   INTERTRIBAL  FISH  &  WILDLIFE                                                                   
COMMISSION,  commented that  the proposed  size reduction  of                                                                   
the ASMI  Board to 7  or 9 might  make economic sense  but it                                                                   
would  be  at the  expense  of  rural representation  by  the                                                                   
smaller communities  and smaller  processors. He  voiced that                                                                   
the Department of Fish & Game  and ASMI have done a good job.                                                                   
The Central  Council also  opposes having representatives  on                                                                   
the board who sell farmed salmon.  He recommended a reduction                                                                   
to a 15-member board.                                                                                                           
                                                                                                                                
In  response  to  a question  by  Representative  Joule,  Mr.                                                                   
Bremner explained  that the number of  7 or 9 was  derived in                                                                   
looking at the issue of representation.                                                                                         
                                                                                                                                
Representative Joule  asked if there were a  number between 9                                                                   
and 15  that would  accommodate both  of his concerns  [rural                                                                   
representation  and economics]. Mr.  Bremner felt  that there                                                                   
was basis for  saying that rural Alaska's voice  has not been                                                                   
heard when major  decisions have been made. He  felt that the                                                                   
quality and  quantity of ASMI staff  is also a key  issue. He                                                                   
maintained    that   rural   Alaska    would   not    receive                                                                   
representation  with the size  of the  board proposed  in the                                                                   
Committee Substitute.                                                                                                           
                                                                                                                                
SB  273  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:08 A.M.                                                                                         
                                                                                                                                
                                                                                                                                

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