Legislature(1993 - 1994)
02/17/1993 09:00 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 17, 1993
9:00 a.m.
MEMBERS PRESENT
Representative Carl E. Moses, Chairman
Representative Harley Olberg, Vice Chairman
Representative Gail Phillips
Representative Irene Nicholia
Representative Cliff Davidson
MEMBERS ABSENT
None
COMMITTEE CALENDAR
*HB 133: "An Act amending the definition of `value' for
purposes of administration of fisheries taxes; and
providing for an effective date."
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
*HB 134: "An Act relating to temporary transfers of
commercial fisheries entry permits."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
(* first public hearing)
WITNESS REGISTER
Paul Dick, Juneau Operations
Income and Excise Audit Division
Department of Revenue
P.O. Box 110420
Juneau, AK 99811-0420
Phone: 465-2320
POSITION STATEMENT: Stated HB 133 clarified the value of
fisheries that was the basis for
calculating fish tax and salmon
enhancement tax.
Ray Gillespie
Lobbyist, City of Unalaska
Gillespie & Associates
9478 Riverbend Court
Juneau, AK 99801
Phone: 463-3375
POSITION STATEMENT: Supported HB 133
Richard F. Listowski, Commissioner
Commercial Fisheries Entry Commission
Alaska Department of Fish and Game
8800-109 Glacier Highway
Juneau, AK 99801
Phone: 789-6160
POSITION STATEMENT: Stated HB 134 allowed permit holders 65
years old or more to lease their
permits.
PREVIOUS ACTION
BILL: HB 133
SHORT TITLE: DEFINITION OF VALUE FOR FISHERIES TAX
BILL VERSION:
SPONSOR(S): SPECIAL COMMITTEE ON FISHERIES
TITLE: "An Act amending the definition of `value' for
purposes of administration of fisheries taxes; and providing
for an effective date."
JRN-DATE JRN-PG ACTION
02/05/93 236 (H) READ THE FIRST TIME/REFERRAL(S)
02/05/93 236 (H) FISHERIES, RESOURCES, FINANCE
02/17/93 (H) FSH AT 09:00 AM CAPITOL 17
02/17/93 360 (H) FSH RPT 4DP
02/17/93 360 (H) DP: MOSES, PHILLIPS, NICHOLIA,
OLBERG
02/17/93 360 (H) -REVENUE FISCAL NOTE (REV)
2/17/93
BILL: HB 134
SHORT TITLE: TEMP TRANSFER OF ENTRY PERMITS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MOSES
TITLE: "An Act relating to temporary transfers of commercial
fisheries entry permits."
JRN-DATE JRN-PG ACTION
02/05/93 236 (H) READ THE FIRST TIME/REFERRAL(S)
02/05/93 236 (H) FISHERIES, RESOURCES, JUDICIARY,
FINANCE
02/17/93 (H) FSH AT 09:00 AM CAPITOL 17
ACTION NARRATIVE
TAPE 93-5, SIDE A
Number 000
HB 133: DEFINITION OF VALUE FOR FISHERIES TAX
CHAIRMAN CARL MOSES called the meeting to order at 9:34 a.m.
He noted all members in attendance and asked that discussion
start with HB 133 and then move on to HB 134.
PAUL DICK, JUNEAU OPERATIONS, INCOME AND EXCISE AUDIT
DIVISION, DEPARTMENT OF REVENUE, stated that HB 133
clarified the value of fisheries that was the basis for
calculating fish tax and salmon enhancement tax. This was a
carryover from 1992's HB 8.
RAY GILLESPIE, LOBBYIST, CITY OF UNALASKA, stated the four
regional aquaculture associations unanimously supported HB
133.
REPRESENTATIVE GAIL PHILLIPS advised that she sponsored the
bill last year (HB 8), which was basically an attempt to
close up loopholes in the taxing of the fish tax. The House
passed HB 8 and it made it to the Senate, but time
limitations made it die on the floor, she noted.
REPRESENTATIVE IRENE NICHOLIA MOTIONED to move HB 133 out of
committee, with the fiscal note.
REPRESENTATIVE HARLEY OLBERG SECONDED the motion.
HB 133 MOVED out of committee with a do pass recommendation.
HB 134: TEMP TRANSFER OF ENTRY PERMITS
RICHARD LISTOWSKI, COMMISSIONER, COMMERCIAL FISHERIES ENTRY
COMMISSION (CFEC), said HB 134 allowed people 65 years of
age and older to lease their limited entry permits through
an emergency transfer. The only transfer now available was
if, for example, a permit holder broke a leg two days before
a fishing period, he could then get an emergency transfer.
The CFEC was in a strong anti-lease position due to a bill
passed by the legislature in 1973, he noted, adding that the
CFEC wanted to see the owners of the permits doing the
fishing.
MR. LISTOWSKI saw a problem in that older owners would lease
their permits to highly successful commercial fishermen, to
get more income, instead of to local fishermen who
desperately needed the work. He would like to see the older
folks actually sell their permits if they were not using
them.
REPRESENTATIVE CLIFF DAVIDSON asked if passage of HB 134
classified the permits as real property.
MR. LISTOWSKI advised that although he was not an attorney,
HB 134 leaned toward supporting the Internal Revenue
Service's claim that the permits were property, and not
privileges. Further, he said that permit holders 65 years
or older might lease to highly successful, experienced,
commercial fishermen who could make more money instead of
leasing to younger, beginner fishermen in the village. He
then advised that the state had a loan program to help
young, uncollateralized fishermen purchase lease permits.
ADJOURNMENT
CHAIRMAN MOSES asked members and the public if there were
further comments. Hearing none, he adjourned the meeting at
9:55 a.m.
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