Legislature(2005 - 2006)

04/06/2005 02:03 PM House RES


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02:03:43 PM Start
02:09:15 PM HB230
02:25:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 6, 2005                                                                                          
                           2:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Co-Chair                                                                                             
Representative Ralph Samuels, Co-Chair                                                                                          
Representative Jim Elkins                                                                                                       
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Kurt Olson                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Harry Crawford                                                                                                   
Representative Mary Kapsner                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
HOUSE BILL NO. 230                                                                                                              
"An Act authorizing the making of loans for upgrade of                                                                          
commercial fishing tender vessels and gear."                                                                                    
                                                                                                                                
     - MOVED HB 230 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 230                                                                                                                  
SHORT TITLE: LOANS FOR COMMERCIAL FISHING TENDERS                                                                               
SPONSOR(S): REPRESENTATIVE(S) THOMAS                                                                                            
                                                                                                                                
03/22/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/05       (H)       FSH, RES                                                                                               
03/30/05       (H)       FSH AT 8:30 AM CAPITOL 124                                                                             
03/30/05       (H)       Moved Out of Committee                                                                                 
03/30/05       (H)       MINUTE(FSH)                                                                                            
04/01/05       (H)       FSH RPT 4DP 1NR                                                                                        
04/01/05       (H)       DP: WILSON, ELKINS, LEDOUX, THOMAS;                                                                    
04/01/05       (H)       NR: SALMON                                                                                             
04/06/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
IAN FISK, Staff                                                                                                                 
to Representative Bill Thomas                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HB  230 on behalf of Representative                                                               
Thomas, sponsor.                                                                                                                
                                                                                                                                
JERRY MCCUNE                                                                                                                    
Cordova District Fishermen United                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 230.                                                                             
                                                                                                                                
JASON KOONTZ, Tender Owner                                                                                                      
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified  in   support  of  HB   230  and                                                               
recommended additions.                                                                                                          
                                                                                                                                
GREG WINEGAR, Director                                                                                                          
Division of Investments                                                                                                         
Department of Commerce, Community, & Economic Development                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on HB 230.                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  RALPH  SAMUELS  called  the  House  Resources  Standing                                                             
Committee  meeting  to  order at  2:03:43  PM.    Representatives                                                             
Samuels, Elkins, Olson, Crawford, and  LeDoux were present at the                                                               
call  to  order.   Representatives  Kapsner,  Ramras,  and  Gatto                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 230-LOANS FOR COMMERCIAL FISHING TENDERS                                                                                   
                                                                                                                                
CO-CHAIR SAMUELS announced that the  only order of business would                                                               
be HOUSE  BILL NO. 230   "An Act authorizing the  making of loans                                                               
for upgrade of commercial fishing tender vessels and gear."                                                                     
                                                                                                                                
IAN  FISK,  Staff to  Representative  Bill  Thomas, Alaska  State                                                               
Legislature,  said   commercial  fishermen   have  access   to  a                                                               
revolving loan fund.  The fund  is in the Department of Commerce,                                                               
and it  enables fishermen  to borrow  money to  purchase permits,                                                               
boats,  and  for  product  quality   improvement.    The  program                                                               
encourages  Alaska  ownership of  the  industry  by limiting  the                                                               
loans to  residents.   Fish tender owners  do not  currently have                                                               
access  to the  loan, but  HB 230  will change  that for  product                                                               
quality upgrades.  Companies can apply  for the loans, but all of                                                               
the owners must be qualified Alaska residents.                                                                                  
                                                                                                                                
CO-CHAIR SAMUELS asked  if all the shareholders  of a corporation                                                               
have to qualify as residents.                                                                                                   
                                                                                                                                
MR. FISK said that was the way he understood it.                                                                                
                                                                                                                                
REPRESENTATIVE CRAWFORD asked where the loan money came from.                                                                   
                                                                                                                                
MR. FISK  said it was  initially capitalized with state  funds in                                                               
the 1970s,  and it has not  gotten any general funds  since 1985.                                                               
It is  a self-sustaining revolving  fund, he said, and  it covers                                                               
the cost  of the operations as  well.  He added  that the program                                                               
has helped a  lot of fishermen over the years.   He predicts four                                                               
or five loans to tender operators per year.                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO asked about the program's success rate.                                                                    
                                                                                                                                
MR. FISK deferred to the fund managers.                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX  speculated  that tendering  may  be  less                                                               
risky financially than fishing.                                                                                                 
                                                                                                                                
MR. FISK  said perhaps it  is less risky because  tenders usually                                                               
get a fixed daily rate; however, some operate on a percentage.                                                                  
                                                                                                                                
2:09:15 PM                                                                                                                    
                                                                                                                                
JASON KOONTZ, Homer, said he is  a new owner of a fishing tender,                                                               
and HB 230 looks good, but he  would like it to include loans for                                                               
refinancing  or  purchasing vessels.    The  borrowers could  use                                                               
refinance money  to upgrade their vessels,  he said, but it  is a                                                               
great bill  and a good  step forward.   He said the  money should                                                               
stay  in the  fund and  not go  to the  general fund,  especially                                                               
since the salmon fisheries are rebounding.                                                                                      
                                                                                                                                
2:10:53 PM                                                                                                                    
                                                                                                                                
JERRY  MCCUNE, Cordova  District Fishermen  United, Juneau,  said                                                               
fishermen all  over the state  depend on tenders--they are  a big                                                               
part of  the operation.  There  are some tender operators  who do                                                               
not  have fishing  permits, so  HB 230  makes the  whole industry                                                               
eligible to access the loan fund.                                                                                               
                                                                                                                                
2:12:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO said he has  only known one tender owner and                                                               
he was outrageously wealthy.                                                                                                    
                                                                                                                                
MR. MCCUNE said  some big king crabbers tender in  the summer and                                                               
don't need loans, but there are small independent operators.                                                                    
                                                                                                                                
REPRESENTATIVE GATTO asked if it was the same risk as fishing.                                                                  
                                                                                                                                
2:13:25 PM                                                                                                                    
                                                                                                                                
MR.  MCCUNE said  tenders  have  the same  risk  if  there is  no                                                               
season,  but tenders  sign contracts,  which is  less risky  than                                                               
agreeing  to a  percentage.   The daily  rate may  be used  for a                                                               
small sockeye fishery, he said.   He stated that tender operators                                                               
with fishing permits already have access to the loan program.                                                                   
                                                                                                                                
REPRESENTATIVE KAPSNER said  there were once tender  boats on the                                                               
Kuskokwim River, and they did not make a lot of money.                                                                          
                                                                                                                                
2:15:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said Representative Seaton owns tenders.                                                                  
                                                                                                                                
REPRESENTATIVE   SEATON   said   he   was  not   the   guy   that                                                               
Representative  Gatto  was  thinking  of.   There  are  different                                                               
tender  operations in  each area  of the  state, he  said.   Some                                                               
tenders haul big volumes of low-value  fish.  There is a category                                                               
of  tender owners  who are  the poorest  of the  poor, he  noted.                                                               
They don't have the money to buy  a fishing permit so they get an                                                               
old boat, a cannery may provide  the fuel, and they become small-                                                               
scale  tenders.    The  cheaper   boats  often  don't  have  good                                                               
refrigeration  systems,  and  the   bill  will  help  with  those                                                               
upgrades.  Representative Seaton  declared a conflict of interest                                                               
because he has four tenders.                                                                                                    
                                                                                                                                
CO-CHAIR  SAMUELS acknowledged  Representative Seaton's  conflict                                                               
of interest but required him to vote.                                                                                           
                                                                                                                                
2:17:47 PM                                                                                                                    
                                                                                                                                
GREG WINEGAR,  Director, Division  of Investments,  Department of                                                               
Commerce, Community, & Economic  Development, said the total that                                                               
has  gone  into the  loan  fund  is  $60  million, and  the  last                                                               
appropriation from  the state  was in  1985.   He noted  that $84                                                               
million  have  been transferred  back  out  of  the fund  to  the                                                               
general fund  or to other programs.   The program has  made about                                                               
$373 million  in loans, and there  are about $100 million  on the                                                               
books.   It is completely revolving,  and as a loan  is repaid it                                                               
goes back into the fund and also covers all operating expenses.                                                                 
                                                                                                                                
2:20:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD asked if the loan fund is protected.                                                                    
                                                                                                                                
MR. WINEGAR said the fund is completely protected and separate.                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  noted Mr. McCune's testimony  that tenders                                                               
who fish can get loans.                                                                                                         
                                                                                                                                
MR. WINEGAR  said there are  some fishermen that also  tender but                                                               
when they  come in  for loans,  the loans  are for  their fishing                                                               
vessels, not  for their tenders.   This  bill will make  it clear                                                               
that money can be borrowed for a tender, he added.                                                                              
                                                                                                                                
2:21:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he   wanted  to  keep  that  clear.                                                               
Tendering and fishing are different operations.                                                                                 
                                                                                                                                
REPRESENTATIVE GATTO asked what the  default rate is and if boats                                                               
are used for collateral.                                                                                                        
                                                                                                                                
MR. WINEGAR  said the program  has foreclosed and  taken vessels,                                                               
but it is a last resort.   The fund's default rate is 9.8 percent                                                               
for  the total  program, but  only  7.0 percent  for the  product                                                               
quality upgrade  loans.  It is  probably higher than a  home loan                                                               
program because  of the  higher risks,  and many  borrowers don't                                                               
qualify for conventional bank loans.                                                                                            
                                                                                                                                
2:22:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS  moved  to  report  HB  230,  version  24-                                                               
LS0801\G, out  of committee  with individual  recommendations and                                                               
the accompanying fiscal notes.   There being no objection, HB 230                                                               
was passed from the House Resources Standing Committee.                                                                         
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:25 PM.                                                                

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