Legislature(2005 - 2006)

05/07/2005 06:12 PM House FIN


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 124(L&C)                                                                                               
                                                                                                                                
     An Act relating  to requirements to obtain  and maintain                                                                   
     a  fisheries  business  license;  relating  to  security                                                                   
     required  of fish  processors and  primary fish  buyers;                                                                   
     and providing for an effective date.                                                                                       
                                                                                                                                
Vice-Chair Stoltze  MOVED to  ADOPT work draft  #24-GS1013\L,                                                                   
Utermohle,  5/6/05, as  the version  of the  bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
JERRY BURNETT,  LEGISLATIVE LIAISON,  DEPARTMENT OF  REVENUE,                                                                   
stated that SB 124 requires, as  a condition of obtaining and                                                                   
maintaining a fisheries business  license under AS 43.75.020,                                                                   
an acknowledgment of the obligation  to pay the taxes levied,                                                                   
Alaska Seafood  Marketing Institute (ASMI)  assessments under                                                                   
AS 16.51,  employment security  contributions under  AS 23.20                                                                   
and Alaska  Occupational, Safety,  and Health  Administration                                                                   
(OSHA) fines under  AS 18.60.  The bill proposes  to deny the                                                                   
applicant a fisheries  business license until  they have paid                                                                   
in full,  all  those taxes,  assessments, contributions,  and                                                                   
fines that are outstanding.                                                                                                     
                                                                                                                                
Mr.  Burnett  pointed out  that  the  bill also  repeals  and                                                                   
reenacts AS 44.25.040, requiring  the filing of a performance                                                                   
bond by  fish processors and primary  fish buyers.   The bond                                                                   
would  be more  accessible for  collection of  claims by  the                                                                   
Department  of Labor  and  Workforce Development  (DLWD)  for                                                                   
unpaid employment security contributions.   That action would                                                                   
be  achieved by  providing a  process for  the Department  to                                                                   
file  directly  with the  Commissioner  of Revenue,  a  claim                                                                   
against the bond instead of obtaining a court judgment.                                                                         
                                                                                                                                
Additionally, the bill preserves  existing statutory priority                                                                   
for use  of the bond  to pay  fishermen and employees  first.                                                                   
In order to  achieve that, the Department would  be obligated                                                                   
to return money  collected from the bond if  the processor or                                                                   
buyer  did not  replenish it  and the  fisherman or  employee                                                                   
obtained a final judgment against the bond.                                                                                     
                                                                                                                                
In conclusion, SB 124 provides  that if a bond is depleted by                                                                   
the  Department's claim,  the  fish processor  or fish  buyer                                                                   
would be subjected to an increased bonding requirement.                                                                         
                                                                                                                                
7:40:07 PM                                                                                                                    
                                                                                                                                
AT EASE:       7:41:38 PM                                                                                                     
RECONVENE:7:43:43 PM                                                                                                          
                                                                                                                                
Representative  Moses  MOVED  to  ADOPT  Amendment  #1,  #24-                                                                   
GS1013\I.2, Utermohle, 5/7/05.  Co-Chair Meyer OBJECTED.                                                                        
                                                                                                                                
7:44:00 PM                                                                                                                    
                                                                                                                                
MARK HICKEY,  LOBBYIST, JUNEAU, explained that  he represents                                                                   
two rural  boroughs with  significant  fishing activity.   He                                                                   
noted that  both client's  support and  urge prompt  passage.                                                                   
The current bill  deals with applicable local  fishery taxes.                                                                   
In  effect,  if the  bill  passes,  in  order to  retain  the                                                                   
license, there  are criterion  the processor must  be current                                                                   
on and  that includes local fishery  taxes.  The  section the                                                                   
amendment attempts to change is on Page 2, Lines 22-24.                                                                         
                                                                                                                                
Mr.  Hickey  explained why  the  amendment  was needed.    It                                                                   
replaces current  language with  new wording that  triggers a                                                                   
decision relating to the processor  paying taxes at the local                                                                   
jurisdiction.  One of two things could occur:                                                                                   
                                                                                                                                
   ·    Final judgment through the court; or                                                                                    
   ·    An administrative determination made by the                                                                             
        municipality regarding the unpaid fishery taxes,                                                                        
        certifying due process.                                                                                                 
                                                                                                                                
Mr. Hickey  stated without  the provision,  a final  judgment                                                                   
becomes  a lengthy  process to  obtain.    Incorporating  the                                                                   
amendment provides a quicker "trigger".                                                                                         
                                                                                                                                
7:48:48 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked if  the proposed language  would                                                                   
provide  a   final  administrative  determination   challenge                                                                   
during the legal  process.  Mr. Hickey said  during a typical                                                                   
process, payment  would be held  in escrow and  the mechanism                                                                   
would not be triggered.   He had no idea what  the end result                                                                   
would be;  however, the intent  is to determine  a reasonable                                                                   
and useful structure.                                                                                                           
                                                                                                                                
Co  Chair Meyer  requested legal  assistance  in response  to                                                                   
Representative Hawker's query.                                                                                                  
                                                                                                                                
7:50:59 PM                                                                                                                    
                                                                                                                                
CHRIS POAG,  ASSISTANT ATTORNEY  GENERAL, DEPARTMENT  OF LAW,                                                                   
commented that an administrative  appeal to the Supreme Court                                                                   
would address if the administrative  action was challenged in                                                                   
the Superior Court  and could result in a  different finding.                                                                   
He  spoke to  the State,  not municipal  law.   If a  license                                                                   
action were taken,  a final administrative decision  could be                                                                   
implemented.                                                                                                                    
                                                                                                                                
Representative   Hawker   noted  that   if   there  were   an                                                                   
administrative  determination  made at  the  final level,  it                                                                   
could  provide a  strong base  not  taking that  action.   He                                                                   
indicated support for Amendment #1.                                                                                             
                                                                                                                                
7:53:14 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  agreed,   noting  it  could  help  the                                                                   
municipality and raise the trust level.                                                                                         
                                                                                                                                
7:53:50 PM                                                                                                                    
                                                                                                                                
Mr. Poag  explained that  the difference  with the  political                                                                   
subdivision  administrative process,  the provision  provides                                                                   
administratively  before the State taxes  are used to  deny a                                                                   
license.  There  are processes used before the  final penalty                                                                   
affects  the  license.    When   the  Department  of  Revenue                                                                   
receives the notice  from a political subdivision,  they have                                                                   
to refer  that to  the Department  of Law  to provide  a case                                                                   
analysis,  which   requires  that   the  Department   of  Law                                                                   
determine if the procedural safeguards  were provided.  It is                                                                   
important that  when an  administrative process takes  place,                                                                   
taxes owing cannot  be relied upon unless the  taxpayer knows                                                                   
that  their  license may  be  affected.   Such  action  could                                                                   
trigger a review necessary by the Department of Law.                                                                            
                                                                                                                                
Mr.  Poag advised  if  the  amendment were  implemented,  the                                                                   
Department  would  need  to deal  with  the  State's  hearing                                                                   
process regarding unmet concerns.                                                                                               
                                                                                                                                
7:56:52 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze asked  if the process  could be  simpler.                                                                   
Mr. Poag stated  that the way the amendment  was drafted, the                                                                   
political  subdivision presents  the  Department of  Revenue,                                                                   
the administrative finding.  If  there were a sufficient base                                                                   
to  deny that  license,  they  would  be afforded  a  hearing                                                                   
before  it  could be  denied.    The  burden falls  upon  the                                                                   
Department of Revenue and that causes concern.                                                                                  
                                                                                                                                
7:58:43 PM                                                                                                                    
                                                                                                                                
Representative  Hawker inquired if  there was any  reason not                                                                   
to resolve the conflict through  the regulatory process.  Mr.                                                                   
Poag  explained  that  the Department  of  Revenue  would  be                                                                   
denying the  person the license and  in order to do  that, it                                                                   
is important that  procedural safeguards are in  place.  Such                                                                   
action is  done on  a case-by-case base.   The Department  of                                                                   
Law is responsible for each one.                                                                                                
                                                                                                                                
8:00:16 PM                                                                                                                    
                                                                                                                                
Representative Hawker  recommended that the  amendment should                                                                   
move  forward with  the  understanding of  that  intent.   He                                                                   
encouraged work to be done with  the sponsor of the amendment                                                                   
in order to resolve departmental concerns.                                                                                      
                                                                                                                                
Representative  Kelly commented  on "good  faith" during  the                                                                   
process.                                                                                                                        
                                                                                                                                
8:01:50 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  OBJECTION  to  Amendment  #1.                                                                   
There being NO further OBJECTION, it was adopted.                                                                               
                                                                                                                                
8:02:03 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to REPORT  HCS CS SB 124  (FIN) out                                                                   
of Committee  with  individual recommendations  and with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CS SB 124 (FIN) was reported  out of Committee with a "no                                                                   
recommendation" and  with zero note  #2 by the  Department of                                                                   
Commerce, Community  & Economic Development, zero  note #3 by                                                                   
the Department  of Fish  & Game,  zero notes #4  & #5  by the                                                                   
Department of Labor & Workforce  Development and zero note #6                                                                   
by the Department of Revenue.                                                                                                   
                                                                                                                                
8:02:42 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects