Legislature(2007 - 2008)HOUSE FINANCE 519

02/06/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 273 EDUCATION FUNDING TELECONFERENCED
Moved CSHB 273(FIN) Out of Committee
+ HB 321 SALMON PRODUCT DEVELOPMENT TAX CREDIT TELECONFERENCED
Moved CSHB 321(FSH) Out of Committee
+ HJR 2 CONST.AM:NO GAMING WITHOUT VOTER APPROVAL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 321                                                                                                            
                                                                                                                                
     An Act  relating to the  salmon product development  tax                                                                   
     credit; providing  for an effective date  by amending an                                                                   
     effective date  in sec. 7, ch. 57, SLA  2003, as amended                                                                   
     by  sec.  4, ch.  3,  SLA  2006;  and providing  for  an                                                                   
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE  BILL THOMAS, SPONSOR,  noted that  the Salmon                                                                   
Product  Development Tax  Credit  encourages and  accelerates                                                                   
the  development   and  production  of  value   added  salmon                                                                   
products in Alaska by providing  an economic incentive to the                                                                   
investments in  new technology  and equipment.   He explained                                                                   
that HB  321 provides a  recommended sunset extension  for an                                                                   
additional  3  years.    The  original  expiration  date  was                                                                   
December 31, 2008.   The tax credit applies  to the fisheries                                                                   
business tax  paid by the  processors.  It allows  processers                                                                   
to  claim up  to  50% of  the  costs.   The  dollars must  be                                                                   
predominately used  for salmon and value-added  product.  The                                                                   
bill allows for innovative marketing of salmon products.                                                                        
                                                                                                                                
Representative  Thomas  pointed out  that  during the  Salmon                                                                   
Task  Force meeting,  the market  condition  and prices  were                                                                   
low,  competing with  farmed salmon.    As a  result of  some                                                                   
other  efforts and  the drafting  of the bill  that trend  is                                                                   
changing.   He  indicated  strong  support for  the  program,                                                                   
which  is of  value  for the  communities  and the  statewide                                                                   
economy.  He urged passage of the tax extension.                                                                                
                                                                                                                                
IAN FISK,  STAFF, REPRESENTATIVE  BILL THOMAS, clarified  the                                                                   
changes made in  the committee substitute and  put forward by                                                                   
the Fisheries Committee.  He referenced  Page 2, Lines 11-12,                                                                   
language relating to conveyers:                                                                                                 
                                                                                                                                
     "(iii) Conveyors used specifically in the act of                                                                         
     producing a value-added salmon product;"                                                                                 
                                                                                                                                
A conveyer  is equipment, which  often is integral  to value-                                                                   
added  salmon  processing.   The  language should  have  been                                                                   
included as  intent, passing from  the Task Force.   Language                                                                   
on Page  2, Lines 14-15, was  requested by the  Department of                                                                   
Revenue, to  prevent any  misunderstanding regarding  the use                                                                   
of the equipment:                                                                                                               
                                                                                                                                
     "(i)   vehicles,    forklifts,   conveyors    not   used                                                                 
     specifically in the act of producing a value-added                                                                       
     salmon product,"                                                                                                         
                                                                                                                                
Mr. Fish commented  that for small processors,  conveyors can                                                                   
be  important  equipment  and   should  be  included  in  the                                                                   
program.                                                                                                                        
                                                                                                                                
He referenced language  on Page 2, Section 3,  Line 24, taken                                                                   
from the original bill:                                                                                                         
                                                                                                                                
     "*Sec. 3. AS 43.75.035 is amended by adding a new                                                                          
     subsection to read:"                                                                                                       
                                                                                                                                
The   language   indicates  a   procedure   for   preliminary                                                                   
determination  for  eligibility,  suggesting  it would  be  a                                                                   
logical addition to the program.                                                                                                
                                                                                                                                
Representative Hawker asked if  the Representative Thomas was                                                                   
in agreement  with the amendments  made during  the committee                                                                   
process.  Representative Thomas replied yes.                                                                                    
                                                                                                                                
MARY  MCDOWELL, VICE  PRESIDENT,  PACIFIC SEAFOOD  PROCESSORS                                                                   
ASSOCIATION  (PSPA),  JUNEAU,  stated that  three  of  PSPA's                                                                   
member companies are salmon processors  - Peter Pan Seafoods,                                                                   
Alaska  General Seafoods  and  North Pacific  Seafoods.   All                                                                   
three  companies have  made good  use of  the salmon  product                                                                   
development  tax  credit,  working  with  the  program  goals                                                                   
including  development  & expansion  of  new and  value-added                                                                   
salmon   products  while   keeping   Alaska  fishery   market                                                                   
competitive in the world market.                                                                                                
                                                                                                                                
Ms. McDowell noted  letters of support in the  Committee file                                                                   
from the  processors,  outlining the benefit  of the  credit.                                                                   
She pointed out that the Legislature  had tightly constructed                                                                   
the program  so that  it could achieve  the goals  set forth.                                                                   
That has proven successful.                                                                                                     
                                                                                                                                
Ms.  McDowell added  there  is  more to  do  to continue  the                                                                   
momentum  of the  program to  insure that  the product  stays                                                                   
competitive.    Currently,  skyrocketing   energy  costs  are                                                                   
eating up profits.   Processors for the most  part operate in                                                                   
rural communities  where  energy costs  are the highest;  the                                                                   
profit  margins could  otherwise  be invested  in  equipment.                                                                   
The  tax credit  encourages processors  to move  ahead.   The                                                                   
value-added product  keeps Alaska's  fish competitive  in the                                                                   
world   market,  which   in  turn   benefits  fishermen   and                                                                   
communities.   Ms. McDowell  anticipated that the  investment                                                                   
will pay for itself.                                                                                                            
                                                                                                                                
Representative Gara  asked how the tax is calculated  and the                                                                   
anticipated  annual revenue  generated.   He  also asked  the                                                                   
amount  being   credited.    Co-Chair  Meyer   requested  the                                                                   
question be held until public testimony was closed.                                                                             
                                                                                                                                
TOM SUNDERLAND,  MARKETING DIRECTOR,  OCEAN BEAUTY  SEAFOODS,                                                                   
testified in  support of HB 321.   He pointed out  that Ocean                                                                   
Beauty  is an  Alaskan owned  corporation, 50%  owned by  the                                                                   
Bristol Bay Economic Development  Corporation (BBEDC) and 50%                                                                   
owned  by fishermen.    The corporation  operates  only as  a                                                                   
shore-based operation.                                                                                                          
                                                                                                                                
Mr.  Sunderland  continued,  Ocean   Beauty  provides  direct                                                                   
incentive  for  value-added  fish  and  how  to  improve  the                                                                   
quality  of that  product.   He  provided  background on  the                                                                   
original  bill.   Companies only  have a  certain ability  to                                                                   
expand their plans.  Ocean Beauty  has taken advantage of the                                                                   
tax credit.   Ultimately, the  plan is to improve  the value-                                                                   
added equipment.  He acknowledged  that many improvements are                                                                   
necessary requiring  the use of  tax credits.   He emphasized                                                                   
that  long-term  economics for  passage  of the  bill  remain                                                                   
strong, while outlined specific  costs.  He believed that the                                                                   
credits have the  benefit of rising the value  of the fishery                                                                   
and that raising  taxes at the same time could  create better                                                                   
& higher paying jobs for the State of Alaska.                                                                                   
                                                                                                                                
Representative   Gara  questioned   if  Ocean  Beauty   makes                                                                   
investments because they know  they can receive a tax credit.                                                                   
Mr. Sunderland said they have.   Representative Gara asked to                                                                   
receive  an estimate  of projects  that would  not have  been                                                                   
done if  the company had  not received  the tax credit.   Mr.                                                                   
Sunderland  expected it  would  have been  half  of what  was                                                                   
accomplished.                                                                                                                   
                                                                                                                                
Vice-Chair  Stoltze  stated  that   previously,  he  had  not                                                                   
supported the bill.  He asked  if a short season would impact                                                                   
the tax credit.  Mr. Sunderland  asserted that a short season                                                                   
impacts everything;  it is difficult  to amortize  costs when                                                                   
the season is short.                                                                                                            
                                                                                                                                
Representative  Gara  reiterated   his  request  to  get  the                                                                   
numbers of estimated projects  pending receipt of the credit.                                                                   
Mr. Sunderland  said he  did not know  but imagined  that the                                                                   
rate of growth was 50% higher.                                                                                                  
                                                                                                                                
3:06:07 PM                                                                                                                    
                                                                                                                                
Representative  Kelly   referenced  the  flow   chart  credit                                                                   
indicator  and asked about  those numbers.   [Attachment  not                                                                   
Available].    Mr. Sunderland  pointed  out  that  processors                                                                   
using credit, don't  always get their projects  approved.  He                                                                   
understood that there  have been disputes over  syntax of the                                                                   
language,   which   has   resulted  in   the   inclusion   of                                                                   
modifications for a binding predetermination.                                                                                   
                                                                                                                                
PUBLIC TESTIMONY CLOSED.                                                                                                        
                                                                                                                                
Representative Gara  requested a review by the  Department of                                                                   
Revenue for  how the  credit system works  and the  amount it                                                                   
generates for the State.                                                                                                        
                                                                                                                                
TIM COTTONGIM,  FISH GROUP MANAGER, TAX  DIVISION, DEPARTMENT                                                                   
OF  REVENUE,  provided  members   a  chart,  "Salmon  Product                                                                   
Development  Tax  Credits, Calendar years 2003-2006".   (Copy                                                                   
on  File).   The  handout  indicates  the amount  of  credits                                                                   
allowed.   The tax is imposed  on anyone that processes   raw                                                                   
resources  in  the  State  for   purposes  of  resale.    The                                                                   
mentioned tax credit is specifically  for salmon processed in                                                                   
the State and can  only be claimed for 50% of  the tax on the                                                                   
salmon processed  in Alaska.  The spreadsheet  indicates that                                                                   
approximately  $2.8  million  dollars in  credits  have  been                                                                   
claimed each year.                                                                                                              
                                                                                                                                
Representative  Gara asked  if  the $2.8  million dollars  in                                                                   
FY06,  was a  reduction  in the  tax  or dollars  that  would                                                                   
qualify for  the 50%  tax credit.   Mr. Cottongim  replied it                                                                   
had been generated and would qualify.                                                                                           
                                                                                                                                
Representative  Gara  referenced  the  $1.4  million  dollars                                                                   
taken off  the total tax, leaving  the number for  the Salmon                                                                   
Processing Tax.                                                                                                                 
                                                                                                                                
3:13:00 PM                                                                                                                    
                                                                                                                                
DAN  STICKEL,  ECONOMIST, DEPARTMENT  OF  REVENUE,  explained                                                                   
that  the total  investment expenditures  that qualified  for                                                                   
the  tax in  FY06  was $5.8  million  dollars.   That  amount                                                                   
resulted in $9  million dollars in credits claimed.   A final                                                                   
audit has not  occurred; however, it is anticipated  that the                                                                   
total credits allowed will be around $2 million dollars.                                                                        
                                                                                                                                
Representative  Gara  asked  the approximate  amount  of  the                                                                   
Salmon Processing  Tax.  Mr.  Stickel replied that  for FY06,                                                                   
there was approximately  $12.7 million dollars  fisheries tax                                                                   
received.                                                                                                                       
                                                                                                                                
3:14:31 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  inquired   if  the  credit  was  still                                                                   
needed.                                                                                                                         
                                                                                                                                
Representative  Thomas understood that  in order  to continue                                                                   
forward with  product development,  the legislation  needs to                                                                   
pass.   He advised, when  equipment is purchased,  it becomes                                                                   
taxed by local borough assemblies.    The processors continue                                                                   
to pay property tax on the equipment.                                                                                           
                                                                                                                                
Co-Chair Meyer noted the new fiscal note.                                                                                       
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  321 (FSH)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
3:17:10 PM                                                                                                                    
                                                                                                                                
CS  HB 321(FSH)  was reported  out  of Committee  with a  "do                                                                   
pass"  recommendation  and with  a  new  fiscal note  by  the                                                                   
Department of Revenue.                                                                                                          
                                                                                                                                
3:17:52 PM                                                                                                                    

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