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2 | 2 | | SB0156A -1- SB 156 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0857\A |
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11 | 11 | | SENATE BILL NO. 156 |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY THE SENATE RULES COMMITTEE BY R EQUEST OF THE JOINT LEGISLATI VE TASK FORCE |
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18 | 18 | | EVALUATING ALASKA'S SEAFOOD INDUSTRY |
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19 | 19 | | |
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20 | 20 | | Introduced: 4/2/25 |
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21 | 21 | | Referred: Labor and Commerce, Finance |
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23 | 23 | | |
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24 | 24 | | A BILL |
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25 | 25 | | |
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26 | 26 | | FOR AN ACT ENTITLED |
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27 | 27 | | |
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28 | 28 | | "An Act relating to the Department of Commerce, Community, and Economic 1 |
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29 | 29 | | Development; relating to the Alaska Commercial Fishing and Agriculture Bank; 2 |
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30 | 30 | | relating to certain loans made by the Alaska Commercial Fishing and Agriculture Bank; 3 |
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31 | 31 | | and providing for an effective date." 4 |
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32 | 32 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 |
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33 | 33 | | * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 6 |
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34 | 34 | | to read: 7 |
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35 | 35 | | ALASKA COMMERCIAL FISHING AND AGRICULTURE BANK; LOANS. (a) 8 |
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36 | 36 | | Subject to legislative appropriation, the Department of Commerce, Community, and 9 |
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37 | 37 | | Economic Development shall purchase nonvoting, preferred shares issued by the Alaska 10 |
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38 | 38 | | Commercial Fishing and Agriculture Bank established under AS 44.81.010 for the purpose of 11 |
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39 | 39 | | enabling the bank to make loans to persons involved in the state's commercial fishing industry 12 |
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40 | 40 | | under AS 44.81.215. Except as provided in (d) of this section, the bank shall repurchase 13 |
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41 | 41 | | shares the department purchased under this section 20 years after the purchase. If the bank 14 34-LS0857\A |
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42 | 42 | | SB 156 -2- SB0156A |
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43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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45 | 45 | | fails to repurchase the shares 20 years after the purchase by the department, the commissioner 1 |
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46 | 46 | | of commerce, community, and economic development may appoint a receiver to direct, 2 |
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47 | 47 | | manage, and operate the bank until the shares have been repurchased. Upon voluntary or 3 |
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48 | 48 | | involuntary liquidation of the bank, and upon repayment of all legal debts and obligations of 4 |
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49 | 49 | | the bank, all nonvoting, preferred shares owned by the department have priority for 5 |
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50 | 50 | | redemption over all other forms and amounts of ownership of the bank. 6 |
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51 | 51 | | (b) A loan made by the Alaska Commercial Fishing and Agriculture Bank using funds 7 |
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52 | 52 | | provided by the Department of Commerce, Community, and Economic Development's 8 |
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53 | 53 | | purchase of shares under this section 9 |
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54 | 54 | | (1) shall have a fixed term of 15 years; 10 |
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55 | 55 | | (2) may not bear interest 11 |
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56 | 56 | | (A) exceeding the prime rate, as defined in AS 44.88.599, plus 12 |
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57 | 57 | | two percentage points; or 13 |
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58 | 58 | | (B) at a rate of more than 5.25 percent a year. 14 |
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59 | 59 | | (c) On the effective date of sec. 4, ch. 25, SLA 2024, the Alaska Commercial Fishing 15 |
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60 | 60 | | and Agriculture Bank shall provide the division within the Department of Commerce, 16 |
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61 | 61 | | Community, and Economic Development that is responsible for banking and securities, a list 17 |
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62 | 62 | | of each loan originated or refinanced under (b) of this section, with confidential borrower 18 |
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63 | 63 | | information redacted. The list must include, for each loan, a comparison of 19 |
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64 | 64 | | (1) the loan's baseline interest earnings, which is calculated as the loan's 20 |
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65 | 65 | | refinanced or originated principal multiplied by the interest rate and term for the loan before it 21 |
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66 | 66 | | was refinanced, or the interest rate and term that the loan would have had if the loan had not 22 |
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67 | 67 | | been made by the Alaska Commercial Fishing and Agriculture Bank under (b) of this section, 23 |
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68 | 68 | | projected over the term of the loan; and 24 |
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69 | 69 | | (2) the loan's actual interest earnings, which is calculated as the loan's 25 |
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70 | 70 | | refinanced or originated principal times the loan's actual interest rate as originated or 26 |
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71 | 71 | | refinanced under (b) of this section, projected over the term of the loan. 27 |
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72 | 72 | | (d) Within 120 days after the Alaska Commercial Fishing and Agriculture Bank 28 |
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73 | 73 | | provides the Department of Commerce, Community, and Economic Development the list 29 |
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74 | 74 | | required under (c) of this section, the department shall audit and review the listed information. 30 |
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75 | 75 | | If the department determines that the difference in projected i |
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76 | 76 | | nterest earnings for all loans 31 34-LS0857\A |
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77 | 77 | | SB0156A -3- SB 156 |
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78 | 78 | | New Text Underlined [DELETED TEXT BRACKETED] |
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80 | 80 | | originated or refinanced under (b) of this section for the Alaska Commercial Fishing and 1 |
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81 | 81 | | Agriculture Bank, as calculated under (c) of this section, is less than the par value of the 2 |
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82 | 82 | | shares purchased by the department under (a) of this section, the department shall request that 3 |
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83 | 83 | | the bank repay the difference to the department. 4 |
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84 | 84 | | (e) If the Department of Commerce, Community, and Economic Development 5 |
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85 | 85 | | requests that the Alaska Commercial Fishing and Agriculture Bank repay a sum of money 6 |
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86 | 86 | | under (d) of this section, the bank shall make the payment within 30 days. 7 |
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87 | 87 | | (f) Subject to appropriation, the department shall purchase shares issued by the 8 |
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88 | 88 | | Alaska Commercial Fishing and Agriculture Bank under (a) of this section using an amount 9 |
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89 | 89 | | equal to the amount that was in the former Alaska capstone avionics revolving loan fund 10 |
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90 | 90 | | (former AS 44.33.650 - 44.33.690) and was unobligated on July 1, 2020. 11 |
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91 | 91 | | * Sec. 2. Section 1 of this Act is repealed July 1, 2027. 12 |
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92 | 92 | | * Sec. 3. This Act takes effect immediately under AS 01.10.070(c). 13 |
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