Legislature(2005 - 2006)SENATE FINANCE 532

04/04/2005 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT TELECONFERENCED
Scheduled But Not Heard
+= SB 93 FISHING PERMIT AND VESSEL LICENSE FEES TELECONFERENCED
Moved CSSB 93(FIN) Out of Committee
*+ SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM TELECONFERENCED
Heard & Held
+ SB 112 TAX ON REAA RESIDENTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     SENATE BILL NO. 93                                                                                                         
     "An Act relating to commercial fishing permit and vessel                                                                   
     license fees; and providing for an effective date."                                                                        
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair   Green  noted   a  proposed   committee   substitute   was                                                            
distributed.                                                                                                                    
                                                                                                                                
Co-Chair Wilken  moved for adoption  of CS SB 93, 24-LS0504\F,  as a                                                            
working document.                                                                                                               
                                                                                                                                
Co-Chair Green objected for an explanation.                                                                                     
                                                                                                                                
SENATOR  BEN STEVENS,  sponsor  of the  bill, outlined  two  changes                                                            
proposed in the  committee substitute: the first would  impose a cap                                                            
on the amount of the permit  fee and the second change would provide                                                            
for a 20 percent license  fee increase to vessel class. The original                                                            
language  of this  legislation  contains  no  limitation  and a  fee                                                            
structure  that imposes  a proportionately  higher  fee for  smaller                                                            
vessels.                                                                                                                        
                                                                                                                                
9:12:41 AM                                                                                                                    
                                                                                                                                
Senator B.  Stevens referenced a table  titled, "DRAFT, CFEC  Vessel                                                            
Fees,  Current  and Proposed"  [copy  on  file] which  contains  the                                                            
following data.                                                                                                                 
                                                                                                                                
     Vessel Length: 0-25'                                                                                                       
          Number: 3,484                                                                                                         
          Current Fee: $20                                                                                                      
          Current Revenue: $69,680                                                                                              
          Proposed 20% Fee: $24                                                                                                 
          Proposed 20% Revenue: $83,616                                                                                         
     Vessel Length: 25-50'                                                                                                      
          Number: 5,600                                                                                                         
          Current Fee: $50                                                                                                      
          Current Revenue: $280,000                                                                                             
          Proposed 20% Fee: $60                                                                                                 
          Proposed 20% Revenue: $336,000                                                                                        
     Vessel Length: 50-75'                                                                                                      
          Number: 764                                                                                                           
          Current Fee: $76,400                                                                                                  
          Proposed 20% Fee: $120                                                                                                
          Proposed 20% Revenue: $91,680                                                                                         
     Vessel Length: 75-150'                                                                                                     
          Number: 447                                                                                                           
          Current Fee: $250                                                                                                     
          Current Revenue: $111,750                                                                                             
          Proposed 20% Fee: $300                                                                                                
          Proposed 20% Revenue: $134,100                                                                                        
     Vessel Length: 150-250'                                                                                                    
          Number: 92                                                                                                            
          Current Fee: $500                                                                                                     
          Current Revenue: $46,000                                                                                              
          Proposed 20% Fee: $600                                                                                                
          Proposed 20% Revenue: $55,200                                                                                         
     Vessel Length: 250'                                                                                                        
          Number: 26                                                                                                            
          Current Fee: $750                                                                                                     
          Current Revenue: $19,500                                                                                              
          Proposed 20% Fee: $900                                                                                                
          Proposed 20% Revenue: $23,400                                                                                         
     Total                                                                                                                      
          Number of Vessels: 10,413                                                                                             
          Current Revenue: $603,330                                                                                             
          Proposed 20% Revenue: $723,996                                                                                        
     Note:  A  20%  across  the  board  vessel  fee  increase  would                                                            
     generate  $120,666  in fees over  the current  vessel fees.  In                                                            
     comparison   the  vessel  fee  proposal  currently   in  SB  93                                                            
     generates  approximately $291,000. The current  fiscal note for                                                            
      SB 93 would be reduced by $170,334 under this proposal.                                                                   
     Source: CFEC 3/23/2005                                                                                                     
                                                                                                                                
9:13:42 AM                                                                                                                    
                                                                                                                                
Senator  B.  Stevens  next referenced   a chart  titled,  "State  of                                                            
Alaska, Commercial Fisheries  Entry Commission, Comparison of Permit                                                            
Renewal Fees for 2005 Licensing  Year Under Current Fee Schedule and                                                            
Under CFEC's  Proposed Methodology  for Implementing  SB 93,  Permit                                                            
Counts and Estimated  Revenue by Base Fee with $3000  Cap, March 23,                                                            
2005,  Draft"  [copy  on file.]  This  demonstrates  the  impact  to                                                            
individual  permit holders  of the  proposed fee  increases with  no                                                            
change to the  current formula for deriving those  fees. He detailed                                                            
the  calculation  of  how  the fees  would  be  assessed  under  the                                                            
provisions  of the committee substitute.  The majority of  the large                                                            
vessels impacted are the offshore deep sea fishing fleet.                                                                       
                                                                                                                                
FRANK HOMAN,  Commercial Fisheries  Entry Commission, testified  the                                                            
increased fees  would be assessed  at four tenths of one  percent of                                                            
the permit value.                                                                                                               
                                                                                                                                
9:17:14 AM                                                                                                                    
                                                                                                                                
Co-Chair Green understood  that the intent is to expand the existing                                                            
fee structure.                                                                                                                  
                                                                                                                                
Senator  B. Stevens  affirmed  the fee  amounts have  been  limited,                                                            
although  the original language  of this  bill would eliminate  this                                                            
maximum  cap. The proposed  committee substitute  instead  increases                                                            
the cap. The  cap is justified because  the fisheries at  the higher                                                            
end are multi-million  dollar industries and fluctuate  according to                                                            
worldwide factors.                                                                                                              
                                                                                                                                
9:18:16 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  noted fees have not  exceeded $300 in the  past and                                                            
asked the number of residents  and nonresidents who would be subject                                                            
to the higher amounts.                                                                                                          
                                                                                                                                
Senator B.  Stevens indicated  he could calculate  this and  provide                                                            
information at a later date.                                                                                                    
                                                                                                                                
Senator Hoffman  surmised the majority of the new  revenue generated                                                            
by  this legislation  would  be  derived  from fees  collected  from                                                            
nonresidents.                                                                                                                   
                                                                                                                                
Mr.  Homan  had not  differentiated  the  residency  source  of  the                                                            
increased revenues.  The value of a permit is not  correlated to the                                                            
residency of the permit  holder, with the exception of a nonresident                                                            
differential assessed to each nonresident-owned vessel.                                                                         
                                                                                                                                
9:19:42 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green   asked  the  position   of  user  groups   on  this                                                            
legislation.                                                                                                                    
                                                                                                                                
Senator B.  Stevens replied that the  fee limit was reintroduced  to                                                            
be less  onerous  on smaller  vessel owners.  The  limit would  also                                                            
assure  those larger  vessel owners  participating  in the  offshore                                                            
fleet  that  the fees  would  not  increase as  the  fishery  values                                                            
increased.  The majority  of the  fishing industry  does not  oppose                                                            
this  legislation. He  noted  a letter  of support  from the  United                                                            
Fishermen  of  Alaska organization  dated  March  7, 2005  [copy  on                                                            
file.]                                                                                                                          
                                                                                                                                
9:21:17 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green  requested  an  explanation  of  how  the  money  is                                                            
expended and the function of the Commission.                                                                                    
                                                                                                                                
9:21:33 AM                                                                                                                    
                                                                                                                                
Senator B. Stevens deferred to Mr. Homan.                                                                                       
                                                                                                                                
9:21:38 AM                                                                                                                    
                                                                                                                                
Mr. Homan replied  that authorization to spend money  collected from                                                            
the fees is legislative.  The Commercial Fisheries  Entry Commission                                                            
is a receipt-supported  entity without general fund support. In many                                                            
years and as  recently as 1998, the  Commission had a surplus  of $2                                                            
million that was  transferred to the State general  fund. A practice                                                            
was  started  in the  year  2000 to  appropriate  a portion  of  the                                                            
surplus  to  the  Division  of  Commercial  Fisheries  for  industry                                                            
related programs.                                                                                                               
                                                                                                                                
9:23:21 AM                                                                                                                    
                                                                                                                                
Senator Stedman clarified  that only the permit renewal fee would be                                                            
changed under the provisions of the committee substitute. Be                                                                    
                                                                                                                                
Senator B.  Stevens stated  the fee increase  is unchanged  from the                                                            
original  version  of the  bill with  the  exception  that a  $3,000                                                            
maximum  fee would  be established;  the original  language did  not                                                            
include a cap.                                                                                                                  
                                                                                                                                
9:24:20 AM                                                                                                                    
                                                                                                                                
Senator  B. Stevens  noted a companion  bill was  introduced  in the                                                            
House of Representatives.                                                                                                       
                                                                                                                                
JERRY MCCUNE,  United Fishermen of  Alaska, testified in  support of                                                            
the committee  substitute. Members  had complained about  the higher                                                            
end fees proposed in the  original version of the bill. He indicated                                                            
that the organization  had received  a letter from the commissioner                                                             
of the  Department of Fish  and Game, assuring  that these  concerns                                                            
would  be  considered.  The  organization  was  satisfied  that  the                                                            
regulation and  public hearing process would be adequate  to address                                                            
the matter.                                                                                                                     
                                                                                                                                
9:25:51 AM                                                                                                                    
                                                                                                                                
Co-Chair Green noted letters  from other industry organizations were                                                            
received as well.                                                                                                               
                                                                                                                                
9:26:04 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green  removed  her  objection  to  the  adoption  of  the                                                            
committee substitute  and the committee substitute,  Version "F" was                                                            
ADOPTED.                                                                                                                        
                                                                                                                                
Co-Chair  Wilken offered a  motion to report  CS SB 93, 24-LS0504\F                                                             
from Committee with individual  recommendations and new fiscal note.                                                            
                                                                                                                                
There was no objection  and CS SB 93 (FIN) MOVED from Committee with                                                            
a zero  fiscal note  dated 4/1/05  from the Department  of Fish  and                                                            
Game.                                                                                                                           
                                                                                                                                

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