HOUSE BILL NO. 218                                                                                                            
                                                                                                                                
     "An Act relating to cost recovery fisheries for private                                                                    
     nonprofit hatchery facilities."                                                                                            
                                                                                                                                
STEVEN   DAUGHERTY,  ASSISTANT   ATTORNEY  GENERAL,   NATURAL                                                                   
RESOURCE  SECTION, DEPARTMENT  OF  LAW, (via  teleconference)                                                                   
noted problems with  subsection(d) of Section 1  in the bill.                                                                   
There are potential taxing authority  issues.  The Department                                                                   
of Law  has been working to  try to develop  clearer criteria                                                                   
so that it is  the legislature that is imposing  the tax, not                                                                   
the hatchery  operator.  He noted  concerns with some  of the                                                                   
potential amendments.                                                                                                           
                                                                                                                                
9:09:54 AM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  took up Conceptual Amendment  1, which was                                                                   
moved and objected  to during the meeting on  April 27, 2005.                                                                   
[Amendment  1 deleted Section  1 of  the Version X  Committee                                                                   
Substitute  to HB  218.]   Co-Chair Chenault  asked if  there                                                                   
were  any  objections  to  the  motion  to  adopt  Conceptual                                                                   
Amendment 1.  There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
Representative Hawker  MOVED to ADOPT the new CS  for HB 218,                                                                   
labeled  24-LS0544\P,  Utermohle, 4/27/05.    There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
IAN  FISK, STAFF,  REPRESENTATIVE  BILL  THOMAS, explained  a                                                                   
change in the new CS.  In Version  P, on page 1, language was                                                                   
eliminated  about  the  commissioner  consulting  with  other                                                                   
interested  parties.    Language  about  affected  commercial                                                                   
fishermen   and   "organizations   of   affected   commercial                                                                   
fishermen" was added.  Other suggestions  of Mr. Esquiro from                                                                   
an earlier meeting were not incorporated.                                                                                       
                                                                                                                                
9:13:22 AM                                                                                                                    
                                                                                                                                
Mr. Daugherty  commented  on the  changes in  the new CS  and                                                                   
said  there  are  no  problems   with  the  new  language  in                                                                   
subsection  (d).   He explained  that  the legislature  would                                                                   
apply  a  formula  that would  be  defensible  regarding  the                                                                   
amounts that have to be collected each year.                                                                                    
                                                                                                                                
9:14:24 AM                                                                                                                    
                                                                                                                                
Representative  Hawker clarified  that  the legislature  sets                                                                   
taxes and fees in the context of this bill only.                                                                                
                                                                                                                                
Representative Kelly  said he assumes that subsection  (d) is                                                                   
corrected.  Mr.  Fisk replied that it was discussed  with the                                                                   
Attorney General's office.                                                                                                      
                                                                                                                                
9:15:43 AM                                                                                                                    
                                                                                                                                
Representative  Foster  MOVED  to  report  CSHB  218  out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  218 (FIN)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation" recommendation  and with the following fiscal                                                                   
impact notes:  zero note  #1 by  the Department of  Commerce,                                                                   
Community  and  Economic Development,  zero  note  #2 by  the                                                                   
Department of Fish  and Game, zero note #3  by the Department                                                                   
of  Public Safety,  and  with indeterminate  note  #4 by  the                                                                   
Department of Revenue.