Alaska 32nd Legislature (2021-2022) Status: Enacted Bipartisan · 4 D · 2 R cosponsors

HB 41 — An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; relating to application fees for salmon hatchery permits and shellfish enhancement project permits; and providing for an effective date.

Last action — (H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2021. Enacted.

Prognosis

Likely to advance 82% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 2 R) — cross-party backing.

  • Mixed recorded votes

    4 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

354 added · 417 removed

Plain-language change summary

The updated version of Bill HB 41 has removed a clause that allowed the Alaska Seafood Marketing Institute to market aquatic farm products. Instead, the focus has shifted solely to the management of shellfish enhancement projects and the application fees related to salmon hatchery permits. This change simplifies the bill and emphasizes regulatory measures for shellfish over marketing efforts, which could impact how shellfish are promoted and sold in the state.

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Latest
32-LS0291\B HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
41 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECOND SESSION BY REPRESENTATIVES ORTIZ, Fields, Snyder, Josephson, Story, Hannan, Wool, Vance, Tuck, Stutes Introduced:
SCS CSHB 41(FIN) am S _______ AN ACT Relating to management of enhanced stocks of shellfish;
2/18/21 Referred:
House Special Committee on Fisheries, Finance A BILL FOR AN ACT ENTITLED "An Act relating to management of enhanced stocks of shellfish;
allowing the Alaska Seafood Marketing Institute to market aquatic farm products;
and providing for an effective date.
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1.
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 41 AN ACT Relating to management of enhanced stocks of shellfish;
authorizing certain nonprofit organizations to engage in shellfish enhancement projects;
relating to application fees for salmon hatchery permits and shellfish enhancement project permits;
and providing for an effective date.
_______________ * Section 1.
HB0041a -1- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B (2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.12.080;
(2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for -1- Enrolled HB 41 the purposes allowed under AS 16.12.080;
(a) Subject to HB 41 -2- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project to (1) augment the yield and harvest of shellfish indigenous to state water above naturally occurring levels by natural, artificial, or semiartificial production systems;
(a) Subject to the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project Enrolled HB 41 -2- to (1) augment the yield and harvest of shellfish indigenous to state water above naturally occurring levels by natural, artificial, or semiartificial production systems;
HB0041a -3- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B Sec.
Sec.
(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public hearing in a central location in the vicinity of the proposed release of shellfish.
(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public -3- Enrolled HB 41 hearing in a central location in the vicinity of the proposed release of shellfish.
HB 41 -4- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B (8) make surplus shellfish available for sale first to the department and then, after inspection and approval by the department, to other permit holders operating under this chapter;
(8) make surplus shellfish available for sale first to the department and then, after inspection and approval by the department, to other permit holders Enrolled HB 41 -4- operating under this chapter;
The Board of Fisheries may not adopt a regulation or take an action regarding the issuance or denif a permit required in HB0041a -5- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B this chapter.
The Board of Fisheries may not adopt a regulation or take an action regarding the issuance or denial of a permit required in this chapter.
Department assistance and cooperation.
Department assistance and cooperation.(a) Before and after -5- Enrolled HB 41 permit issuance under AS 16.12.010, the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010, including the planning, construction, and operation of facilities.
(a) Before and after permit issuance under AS 16.12.010, the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010, including the planning, construction, and operation of facilities.
(b) A permit holder may, by a majority vote of the membership of the permit holder's board of directors, elect to harvest shellfish in a special harvest area HB 41 -6- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B established for a project under AS 16.12.010 through the common property fishery.
(b) A permit holder may, by a majority vote of the membership of the permit holder's board of directors, elect to harvest shellfish in a special harvest area established for a project under AS 16.12.010 through the common property fishery.
A permit holder seeking to harvest shellfish in a special harvest area through a common Enrolled HB 41 -6- property fishery shall notify the Department of Revenue by July 1 of the year preceding the year for which the harvest is sought.
The buyer of the shellfish must be licensed under AS 43.75, and the buyer shall collect the assessment on shellfish taken in a special harvest area at the time of purchase and remit the assessment to the Department of Revenue in accordance with regulations adopted by the Department of HB0041a -7- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B Revenue.
The buyer of the shellfish must be licensed under AS 43.75, and the buyer shall collect the assessment on shellfish taken in a special harvest area at the time of purchase and remit the assessment to the -7- Enrolled HB 41 Department of Revenue in accordance with regulations adopted by the Department of Revenue.
(d) The Department of Revenue may, by regulation, annually by March 1, set the assessment levied on shellfish taken in a special harvest area in consultation with the Department of Commerce, Community, and Economic Development, the permit holder, and representatives of affected commercial fishermen.
(d) The Department of Revenue may, by regulation, set the assessment levied on shellfish taken in a special harvest area on an annual basis in consultation with the Department of Commerce, Community, and Economic Development, the permit holder, and representatives of affected commercial fishermen.
The Department of Revenue shall set an annual assessment under this section not later than January 1 of that year.
(g) In this section, (1) "special harvest area" means an area designated by the HB 41 -8- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B commissioner or the Board of Fisheries where shellfish may be harvested by permit holders under this chapter and by the common property fishery;
Enrolled HB 41 -8- (g) In this section, (1) "special harvest area" means an area designated by the commissioner or the Board of Fisheries where shellfish may be harvested by permit holders under this chapter and by the common property fishery;
* Sec.
-9- Enrolled HB 41 * Sec.
(a) In addition to entry permits, interim-use permits, and educational permits, HB0041a -9- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B the commission may issue special harvest area entry permits to (1) holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400 - 16.10.475 for salmon;
(a) In addition to entry permits, interim-use permits, and educational permits, the commission may issue special harvest area entry permits to (1) holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400 - 16.10.475 for salmon;
AS 16.51.090 is amended to read:
Sec.
16.51.090.
Powers of board.
In carrying out the powers of the institute, the board may (1) adopt, alter, and use a corporate seal;
(2) prescribe, adopt, amend, and repeal bylaws;
(3) sue and be sued in the name of the institute;
(4) enter into any agreements necessary to the exercise of its powers and functions;
(5) cooperate with a public or private board, organization, or agency engaged in work or activities similar to the work or activities of the institute, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood and aquatic farm products;
(6) conduct, or contract for, scientific research to develop and discover health, dietetic, or other uses of seafood and aquatic farm products harvested and processed in the state;
(7) receive contributions of money from persons;
(8) establish offices in the state and otherwise incur expenses incidental to the performance of its duties;
(9) appear on behalf of the institute before boards, commissions, departments, or other agencies of municipal, state, or federal government;
Show all 79 changed rows (39 more)
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HB 41 -10- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B (10) acquire, hold, lease, sell, or otherwise dispose of property, but such property is limited to that which is necessary to the administrative functioning of the office of the institute;
(11) establish and maintain one or more bank accounts for the transaction of the institute's business;
(12) prepare market research and product development plans for the promotion of any species of seafood and aquatic farm product and their by-products that may be harvested in the state and processed for sale;
(13) establish committees related to the marketing of salmon and salmon products;
the board shall, to the extent practicable, appoint equal numbers of seafood processors and persons engaged in commercial fishing to the committees.
* Sec.
8.
AS 16.51.110 is amended to read:
Sec.
16.51.110.
Prohibited promotions.
The board may not promote or make a contract that promotes seafood or aquatic farm products by (1) geographic origin other than from the state generally;
(2) geographic region of the state;
or (3) specific brand name.
* Sec.
9.
AS 16.51.180(7) is amended to read:
(7) "seafood" means finfish, shellfish, and fish by-products, including [BUT NOT LIMITED TO] salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and pollock, but does not include aquatic farm products [AS DEFINED IN AS 16.40.199].
* Sec.
10.
AS 16.51.180 is amended by adding a new paragraph to read:
(8) "aquatic farm product" has the meaning given in AS 16.40.199.
* Sec.
11.
HB0041a -11- HB 41 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B * Sec.
* Sec.
12.
8.
13.
9.
[OR] (4) for a tax year beginning after June 30, 2007, apply to the income received by a regional association qualified under AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery fishery under AS 16.10.455;
[OR] Enrolled HB 41 -10- (4) for a tax year beginning after June 30, 2007, apply to the income received by a regional association qualified under AS 16.10.380 or nonprofit corporation holding a hatchery permit under AS 16.10.400 from the sale of salmon or salmon eggs under AS 16.10.450 or from a cost recovery fishery under AS 16.10.455;
14.
10.
or (4) the income received by a nonprofit corporation holding a permit under AS 16.12.010 from the sale of shellfish under AS 16.12.080 or from HB 41 -12- HB0041a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0291\B a cost recovery fishery under AS 16.12.090.
or (4) the income received by a nonprofit corporation holding a permit under AS 16.12.010 from the sale of shellfish under AS 16.12.080 or from a cost recovery fishery under AS 16.12.090.
15.
11.
16.
12.
17.
13.
The Department of Fish and Game may adopt regulations necessary to implement this Act.
The Department of Fish and Game may adopt -11- Enrolled HB 41 regulations necessary to implement this Act.
18.
14.
Section 17 of this Act takes effect immediately under AS 01.10.070(c).
Section 13 of this Act takes effect immediately under AS 01.10.070(c).
19.
15.
Section 14 of this Act takes effect on the effective date of sec.
Section 10 of this Act takes effect on the effective date of sec.
HB0041a -13- HB 41 New Text Underlined [DELETED TEXT BRACKETED]
Enrolled HB 41 -12-
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Action History

  1. (H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

  2. (H) Signed into law 7/8 CHAPTER 32 SLA 22

  3. (H) 2:40 P.M. 7/1/22 Transmitted to Governor

  4. (H) COSPONSOR(S): STUTES

  5. (H) TITLE CHANGE: SCR 8

  6. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  7. (H) CONCUR AM OF (S) Y36 N2 E2

  8. (H) CONCUR TAKEN UP UC

  9. (H) CONCUR READ AND HELD

  10. (S) VERSION: SCS CSHB 41(FIN) AM S

  11. (S) TRANSMITTED TO (H) AS AMENDED

  12. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  13. (S) PASSED Y17 N- E1 A2

  14. (S) AUTOMATICALLY IN THIRD READING

  15. (S) AM NO 1 ADOPTED UC

  16. (S) RETURN TO SECOND FOR AM 1 UC

  17. (S) READ THE THIRD TIME SCS CSHB 41(FIN)

  18. (S) ADVANCED TO THIRD READING 4/25 CAL

  19. (S) CROSS SPONSOR(S): KIEHL, REVAK, STEVENS, STEDMAN, BISHOP, HOLLAND, MICCICHE

  20. (S) FIN SCS ADOPTED UC

  21. (S) READ THE SECOND TIME

  22. (S) RULES TO CALENDAR 4/20/2022

  23. (S) FN9: INDETERMINATE(REV)

  24. (S) FN8: INDETERMINATE(GOV/SP APPROP)

  25. (S) FN7: INDETERMINATE(DFG)

  26. (S) FN6: ZERO(DFG)

  27. (S) NR: WILSON, WIELECHOWSKI, OLSON

  28. (S) DP: STEDMAN, BISHOP

  29. (S) TITLE CHANGE: SCR 8

  30. (S) FIN RPT SCS(FIN) 2DP 3NR NEW TITLE

  31. (S) Minutes (SFIN)

  32. (S) Moved SCS CSHB 41(FIN) Out of Committee

  33. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  34. (S) Minutes (SFIN)

  35. (S) Heard & Held

  36. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  37. (S) Minutes (SFIN)

  38. (S) Heard & Held

  39. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  40. (S) Minutes (SFIN)

  41. (S) Scheduled but Not Heard -- Delayed to 2 PM --

  42. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  43. (S) FIN REFERRAL ADDED AFTER RES

  44. (S) FN5: INDETERMINATE(REV)

  45. (S) FN4: INDETERMINATE(GOV/SP APPROP)

  46. (S) FN3: INDETERMINATE(DFG)

  47. (S) FN2: ZERO(DFG)

  48. (S) FN1: ZERO(CED)

  49. (S) DP: REVAK, KIEHL, MICCICHE, STEVENS, KAWASAKI

  50. (S) RES RPT 5DP

  51. (S) Minutes (SRES)

  52. (S) Moved CSHB 41(FIN) Out of Committee

  53. (S) RESOURCES at 03:30 PM BUTROVICH 205

  54. (S) RES

  55. (S) READ THE FIRST TIME - REFERRALS

  56. (H) VERSION: CSHB 41(FIN)

  57. (H) TRANSMITTED TO (S)

  58. (H) COSPONSOR(S): HANNAN, WOOL, VANCE, TUCK

  59. (H) EFFECTIVE DATE(S) ADOPTED Y36 N3 E1

  60. (H) MOTION TO DIVIDE EFD FAILED Y13 N26 E1

  61. (H) MOTION TO ADOPT EFFECTIVE DATE(S)

  62. (H) PASSED Y37 N2 E1

  63. (H) READ THE THIRD TIME CSHB 41(FIN)

  64. (H) COSPONSOR(S): JOSEPHSON, STORY

  65. (H) ADVANCED TO THIRD READING 4/30 CALENDAR

  66. (H) AM NO 1 OFFERED AND WITHDRAWN

  67. (H) FIN CS ADOPTED UC

  68. (H) READ THE SECOND TIME

  69. (H) RULES TO CALENDAR 4/28/2021

  70. (H) FN5: INDETERMINATE(REV)

  71. (H) FN4: INDETERMINATE(GOV/SP APPROP)

  72. (H) FN3: INDETERMINATE(DFG)

  73. (H) FN2: ZERO(DFG)

  74. (H) FN1: ZERO(CED)

  75. (H) NR: JOHNSON, RASMUSSEN

  76. (H) DP: ORTIZ, EDGMON, LEBON, CARPENTER, JOSEPHSON, WOOL, THOMPSON, MERRICK, FOSTER

  77. (H) FIN RPT CS(FIN) NEW TITLE 9DP 2NR

  78. (H) Minutes (HFIN)

  79. (H) Moved CSHB 41(FIN) Out of Committee

  80. (H) FINANCE at 01:30 PM ADAMS 519

  81. (H) Minutes (HFIN)

  82. (H) Heard & Held

  83. (H) FINANCE at 01:30 PM ADAMS 519

  84. (H) COSPONSOR(S): SNYDER

  85. (H) FN5: INDETERMINATE(REV)

  86. (H) FN4: INDETERMINATE(GOV/SP APPROP)

  87. (H) FN3: INDETERMINATE(DFG)

  88. (H) FN2: ZERO(DFG)

  89. (H) FN1: ZERO(CED)

  90. (H) NR: MCCABE, KREISS-TOMKINS

  91. (H) DP: STORY, ORTIZ, TARR

  92. (H) FSH RPT 3DP 2NR

  93. (H) Minutes (HFSH)

  94. (H) Moved HB 41 Out of Committee

  95. (H) FISHERIES at 10:00 AM GRUENBERG 120

  96. (H) -- Invited & Public Testimony -- -- MEETING CANCELED --

  97. (H) FISHERIES at 10:30 AM GRUENBERG 120

  98. (H) FSH, FIN

  99. (H) READ THE FIRST TIME - REFERRALS

  100. (H) Prefile released 1/8/21

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 55 not signed on

Sponsors (1)

  • ORTIZ

Co-sponsors (9)

Not signed on (55)

55 members have not signed on to this bill.

Show all 55 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

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Frequently asked questions

Who sponsors HB 41?
HB 41 is sponsored by ORTIZ, Zack Fields (D), Snyder, Andy Josephson (D), Andi Story (D), Sara Hannan (D), Wool, Sarah Vance (R), Tuck, and Louise Stutes (R).
What is the current status of HB 41?
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
Where can I track HB 41?
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