Legislature(1997 - 1998)

04/09/1997 05:00 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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              SB  52 FISHERIES BUSINESS TAX CREDITS                            
                                                                               
CHAIRMAN HALFORD called the Senate Resources Committee meeting to              
order at 5:00 p.m. and announced SB 52 to be up for consideration.             
                                                                               
SENATOR MACKIE, sponsor, said he introduced SB 52 to bring some                
economic stability and growth to Alaska's commercial fisheries                 
industry through developing incentives that increase operational               
efficiencies, improve product quality, or bring new products to                
market.  Business tax credits of up to 50% of a company's tax                  
liability for any capital investments for shore based facilities               
can achieve these goals.                                                       
                                                                               
He said his bill is modeled after a similar program that was in                
effect from 1986 to 1991 and was largely responsible for large                 
investments in processing quality control in facilities throughout             
the State.  It is also credited with stimulating Alaskan                       
participation and expansion into the harvesting, processing, and               
marketing of new bottom fisheries.                                             
                                                                               
The Alaskan fisheries industry needs a boost to improve the                    
marketability of its traditional fishery products and to introduce             
new, value added products that appeal to consumers worldwide.  This            
will require large investments in new and better equipment.  He                
felt that the tax incentive program is the way to accomplish these             
improvements in the most direct and efficient manner.  The benefits            
will accrue to both resident commercial fishermen as well as the               
processing labor force through increased fishing opportunities and             
increased processing jobs.                                                     
                                                                               
SENATOR MACKIE said in recent years they had done incentives for               
the mining industry and oil industry and now is an opportune time              
for the legislature to step up to the plate and do something for               
the commercial fishing industry which is the State's largest                   
employer.                                                                      
                                                                               
He said he thought the salmon industry is the one that needs the               
most help to try to diversify, but it costs money.                             
                                                                               
Number 151                                                                     
                                                                               
SENATOR TAYLOR said he had a proposed CS to SB 52 to discuss.  He              
explained that the only change is that they propose the inclusion              
of the emerging fisheries and the removal of 1% tax on the emerging            
fisheries.  This would last only so long as they are classed as                
such and when the Commissioner of ADF&G made the determination that            
they were no longer an emerging commercial fishery, they would fall            
within the 3% tax.  He said the loss of revenue would be about                 
$50,000 per year.                                                              
                                                                               
SENATOR MACKIE said he didn't object to what Senator Taylor is                 
trying to achieve as their districts are currently receiving the               
benefits of the sea urchin fishery which would be classified as an             
emerging fishery.  He said this fishery alone has produced about               
400 jobs, although seasonal, which helps the 500 lost in timber.               
                                                                               
SENATOR TAYLOR added that there is also a geoduck and squid                    
fishery.  There was even experimental work done on octopus.                    
                                                                               
SENATOR TAYLOR moved to adopt the CS to SB 52.  CHAIRMAN HALFORD               
said he objected beause they just got it.  He wanted to leave it on            
the table for discussion.                                                      
                                                                               
Number 151                                                                     
                                                                               
MR. JEFF BUSH, Deputy Commissioner, Department of Commerce, said               
they support SB 52, but would prefer that the tax credit be more               
limited because they see the problem in the salmon sector of the               
industry.  He said they totally concur that the first go-round on              
this type of tax credit several years ago was quite successful                 
creating a great ground fish industry in western Alaska.  However,             
that industry is arguably overcapitalized already.  Recognizing the            
fiscal difficulties of a bill like this, they recommend it be more             
limited.                                                                       
                                                                               
Number 189                                                                     
                                                                               
MR. BUSH said the Department of Law has indicated that there's a               
legal issue with this bill.  He said he thought that if any tax                
credit granted to the fisheries business tax to be constitutional,             
it also has to be granted to the landing tax.  Without granting it             
to the landing tax raises constitutional questions related to                  
interstate commerce.                                                           
                                                                               
SENATOR MACKIE said he didn't necessarily recommend limiting the               
scope because he knows the salmon industry needs help right now,               
but there are other species out there that are developing in the               
bottom fish industry as well, like the arrow tooth flounder.  He               
understands that there is new technology that's needed to make that            
particular fishery real viable.                                                
                                                                               
SENATOR MACKIE said they were made aware earlier about the problem             
the Department of Law has and he has chosen not to deal with it                
right now because it deals with off shore processors.  His bill                
deals with shore based as he is trying to encourage incentives and             
find opportunities for our shore based facilities that generate                
local tax revenues in many different forms and employment in our               
local communities.  He thought they could get away from the landing            
tax by doing it with a business tax credit.                                    
                                                                               
SENATOR TAYLOR said that he was informed yesterday by the American             
Factory Trawlers Association that they are in the process of                   
dismissing the suit the bill was based upon.                                   
                                                                               
SENATOR LINCOLN asked what the Department of Law opinion was based             
upon.                                                                          
                                                                               
MR. BOB BARTHOLOMEW, Division of Income and Excise Audit, responded            
to the legal question saying when the landing tax was passed in                
1994, the basis of that tax was to be a complimentary tax to the               
fishery business.  The off shore fleet was receiving the benefits              
of the State of Alaska and it was determined by the legislature                
that they should be paying tax to Alaska also.  Last year the                  
legislature passed a bill that helped in the litigation which was              
to mirror the two programs.  The Department of Law is merely saying            
that if you are going to change the program for the fishery                    
business tax, you need to be consistent.  They are basically a                 
complimentary tax trying to tax the same business activity.                    
                                                                               
CHAIRMAN HALFORD asked if he meant regardless of whether we are in             
court at any given time, we are vulnerable to attack if we create              
a credit for the people we like unless we give the credit to the               
people we don't like as much.  MR. BARTHOLOMEW responded that they             
have to treat everybody equally.                                               
                                                                               
SENATOR MACKIE responded that they pass things all the time that               
people are telling them they are going to get sued over.  This is              
a business tax credit for our shore based facilities that are                  
providing jobs and economics to the communities.  He voted for the             
landing tax so the factory trawlers would have to pay for some of              
their impacts, but for us to have to pay them back money so they               
can fix up their factory trawlers and hire more out of State people            
and take off and run with the money is not something he wants.  He             
wants to find a way they can do this and not figure out how we have            
to cave in to them.                                                            
                                                                               
MR. BARTHOLOMEW said from a fiscal stand point currently the tax               
generates about $38 million per year and is projected to drop to               
close to $30 million in the next two years because of the impact on            
salmon, primarily.  Fifty percent of the tax is shared.  This                  
legislation would not affect the sharing provisions and would just             
focus on the State's revenue.                                                  
                                                                               
He said the fiscal note shows a projected potential revenue loss of            
$7 - $14 millon.  He explained that with tax credits you are                   
generally trying to change behavior and the more specific you can              
be with your objectives or what you are offering credits for, the              
more likely you are to have a successful program.  He thought they             
should consider narrowing the application to species of salmon as              
in the Governor's bill.  It also narrows the type of expenditures              
that qualified to specific activities to value added processing.               
SENATOR TAYLOR asked if he objected to deletion of the 1%                      
developing fisheries species tax during the period of time it was              
a developing fishery.  MR. BARTHOLOMEW replied that the fiscal                 
impact is small, around $50,000 - $80,000.  He added that when the             
legislature passed the developing fisheries species, they                      
originally recognized the need for an incentive.  That is why the              
current rate is set at 1% instead of the on shore rate of 3% or the            
off shore rate of five percent.  So there is an incentive now and              
that's why the revenue is small.  There are other individuals                  
looking at revenues from the developing species to fund management             
to expand them.  This might affect those by not producing any                  
revenue.                                                                       
                                                                               
SENATOR MACKIE said this is not as wide open as it might sound.  An            
agreement has to be negotiated about what is going to be                       
accomplished and details have to be in effect in advance of any                
action.  In terms of the potential impact, if there's going to be              
$30 million in tax receipts, then the potential maximum would be               
$15 million; but that was if every single dollar that was eligible             
took advantage of it.  Traditionally there's been half or less of              
what was potentially available that were actually utilized.  So he             
thought they were getting down to $5 or $6 million.                            
                                                                               
He also thought the overall impact to the State was totally                    
dependent on fish prices.                                                      
                                                                               
Number 375                                                                     
                                                                               
CHAIRMAN HALFORD asked what the department's estimate of the range             
of cost was over the period of the bill.  Is it $36 million - $72              
million?  MR. BARTHOLOMEW answered that is correct.  He said that              
Senator Mackie's analysis is accurate also assuming this year it's             
$30 million and last year it was $40 million in taxes.                         
                                                                               
Number 411                                                                     
                                                                               
MR. RICH LAUBER, Pacific Seafood Processors Association, said he               
had underestimated the benefit to the State of the last fisheries              
tax credit they passed.  It probably contributed substantially to              
the ground fish industry we have today.                                        
                                                                               
MR. LAUBER said the argument against a tax credit is that you are              
giving a tax credit to someone who would build something anyway.               
This may be true in some cases, but today he thought that argument             
fails completely because his assessment of the industry is that                
there's virtually no money available for the development of new                
plants, new facilities, or value added product forms, etc.  Both               
processors and fishermen are in serious financial difficulties.                
                                                                               
This bill has the benefit of allowing the industry the flexibility             
of placing the tax credit in the area in which they think it would             
be most beneficial which would result, hopefully, in higher prices             
to fishermen, higher taxes to the State of Alaska and to                       
municipalities.  He thought there is little likelihood that it                 
would be spent on things that would be done anyhow.                            
                                                                               
MR. LAUBER said he didn't object to the CS.  He thought there was              
only a very few harvestable species that are left that would                   
benefit from the tax credit and the reason they are still out there            
is because they are costly to harvest, process, and market, and                
probably deserve every opportunity they have to get going.                     
                                                                               
On the legal issue he said, the landing tax does not mirror the                
fisheries business tax.  On shore floaters are subject to the                  
fisheries business tax of 5%, factory trawlers are taxed on a                  
landing tax for the amount of product that they land (they don't               
land even half of the product that they catch), and canned salmon              
is taxed at the fisheries business tax at 4 1/2%.  So there's not              
an equal tax now, and if taxes have to mirror, the current                     
fisheries business tax is unconstitutional because it doesn't                  
mirror the landing tax of the factory trawlers.                                
                                                                               
MR. LAUBER said if they have to legally give the factory trawlers              
a credit to pass this bill, he thought they should do the same                 
thing the landing tax did before and it said something like we will            
give you, Mr. In shore floater, a tax credit, but you must spend               
that tax credit on shore.                                                      
                                                                               
Number 512                                                                     
                                                                               
MR. DAVE WOODRUFF, Alaska Fresh Seafood, said he was representing              
all the locally owned processors in Kodiak.  He said he helped work            
on the original fisheries tax credit which was so successful.  He              
said a lot of their equipment is not specific to one species and               
was bought with tax dollars gained from the first bill.  He                    
supported SB 52.  He said right now the whole industry, not just               
salmon, is in dire straights and could use some help.                          
                                                                               
SENATOR MACKIE asked how many people he employees in his plant and             
what types of investment did he foresee if he had the opportunity              
to have the State match his dollars.  MR. WOODRUFF replied that he             
is the smallest producer in town and he employs about 45 people and            
uses about 15 or 16 boats in all the different fisheries.  He'll               
look at items like scan graders (multiple species) and added                   
freezing capacity.  He said there's new innovative fin bone removal            
machines that he would like to use for value added salmon fillets.             
                                                                               
Number 570                                                                     
                                                                               
CHAIRMAN HALFORD stated that they will keep this bill on the table             
along with the CS and adjourned the meeting at 5:45 p.m.                       

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