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- Alaska Statutes.
- Title 44. State Government
- Chapter 25. Department of Revenue
- Section 40. Security For Certain Obligations.
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Section 30. - 44.25.038l Loans For Native Corporations. [Repealed, Sec. 72 Ch 113 SLA 1982].
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Section 41. Exemptions From Bonding Requirement.
AS 44.25.040. Security For Certain Obligations.
- (a) A person applying for a license as a fish processor or primary fish buyer shall file with the commissioner
of revenue a performance bond, conditioned upon the promise to pay the following:
- (1) wages owing to all persons employed by the fish processor or primary fish buyer, including contractual employee
benefits;
- (2) independent registered commercial fishermen for the price of the raw fishery resource purchased from them;
- (3) fees owing for the service of transporting raw fish;
- (4) contributions imposed under AS 23.20 (Alaska Employment Security Act).
- (b) A fish processor or primary fish buyer that processes more than 30,000 pounds of fish a year or purchases
more than $30,000 of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The
amount of the bond is $10,000 unless, during the five years preceding the application, one of the following has occurred:
- (1) a final judgment in excess of $10,000 was awarded against the bond required under this section; if the final
judgment against the bond was in excess of $10,000 but less than $50,000, the amount of the bond is increased to a total of $50,000; if
the final judgment against the bond was $50,000 or more, the amount of the bond is increased to a total of $100,000;
- (2) the commissioner has determined that the fish processor has engaged in the business of fish processor in the
state or the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this section
and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor furnished to,
raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer; if the
fish processor has engaged in the business of a fish processor or the primary fish buyer has engaged in the business of primary fish
buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw
fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of
the bond is increased to a total of $100,000; or
- (3) the commissioner has determined under (j) of this section that a claim against the bond filed by the
Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of
the claim was in excess of $10,000 but was less than $50,000, the amount of the bond is increased to a total of $50,000; if the amount
of the claim was $50,000 or more, the amount of the bond is increased to a total of $100,000; an increase in bond amount under this
paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department
of Labor and Workforce Development met the requirements in (i) of this section.
- (c) A fish processor or primary fish buyer that processes 30,000 pounds or less of fish a year and purchases
$30,000 or less of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The
amount of the bond is $2,000 unless, during the preceding five years, one of the following has occurred:
- (1) a final judgment in excess of $2,000 was awarded against the bond required under this section; if the final
judgment against the bond was in excess of $2,000 but less than $10,000, the amount of the bond is increased to a total of $10,000; if
the final judgment against the bond was $10,000 or more, the amount of the bond is increased to a total of $20,000;
- (2) the commissioner has determined that the fish processor has engaged in the business of fish processor in the
state or that the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this
section and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor
furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish
buyer; if the fish processor has engaged in the business of fish processor or primary fish buyer has engaged in the business of primary
fish buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw
fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of
the bond is increased to a total of $20,000; or
- (3) the commissioner has determined under (j) of this section that a claim against the bond filed by the
Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of
the claim was in excess of $2,000 but was less than $10,000, the amount of the bond is increased to a total of $10,000; if the amount of
the claim was $10,000 or more, the amount of the bond is increased to a total of $20,000; an increase in bond amount under this
paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department
of Labor and Workforce Development met the requirements in (i) of this section.
- (d) If a fish processor who has filed a performance bond under (c) of this section processes more than 30,000
pounds of fish in a year or purchases more than $30,000 of fish in a year, the fish processor shall, within seven days after the day on
which the 30,000 pound threshold or the $30,000 threshold is exceeded, notify the commissioner and comply with (b) of this section. If a
fish processor who has filed a performance bond under (c) of this section processes more than 30,000 pounds of fish in a year or
purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on which
the 30,000 pound threshold or the $30,000 threshold is exceeded, the fish processor shall suspend processing fish until a bond has been
filed under (b) of this section.
- (e) If a primary fish buyer who has filed a performance bond under (c) of this section purchases more than
$30,000 of fish in a year, the primary fish buyer shall, within seven days after the day on which the $30,000 threshold is exceeded,
notify the commissioner and comply with (b) of this section. If a primary fish buyer who has filed a performance bond under (c) of this
section purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on
which the $30,000 threshold is exceeded, the primary fish buyer shall suspend purchases of fish until a bond has been filed under (b) of
this section.
- (f) A fish processor or primary fish buyer may use only a surety bond, cash deposit, or other negotiable security
as a performance bond under this section. The surety must be satisfactory in the determination of the commissioner. The use of other
negotiable security as a performance bond must be in a form acceptable to the commissioner. The commissioner shall waive the filing of a
performance bond under this section if
- (1) the fish processor or primary fish buyer has more than $10,000 in lienable real property located in the
state and provides proof of the property in a form satisfactory to the commissioner;
- (2) the fish processor or primary fish buyer is not required under (b) or (c) of this section to post a bond
in excess of $10,000; and
- (3) within the five years preceding the application under AS 43.75.020, an employee, fisherman, or contracted
raw fish transporter has not obtained a final judgment against the fish processor's or primary fish buyer's bond under this section.
- (g) If an applicant for a license as a fish processor or primary fish buyer has complied with this section, the
Department of Revenue may issue that applicant a license to engage in the business of fish processor or primary fish buyer.
- (h) A claim against a fish processor or primary fish buyer for failing to pay an employee for wages or
contractual benefits owed, for failing to pay an independent registered fisherman for the price of raw fishery resource purchased from
the fisherman, or for failing to pay an independent contractor for the transportation of raw fish may be brought upon the bond filed
under this section in the superior court of the judicial district in which the work was done or in any judicial district in the state in
which jurisdiction may be obtained. If an action is brought upon the bond, a copy of the complaint shall be served by registered or
certified mail upon the commissioner at the time the suit is filed. The commissioner shall transmit a copy of the complaint and any
judgment to the surety or holder of the negotiable security. If a judgment is entered against cash deposited with the commissioner, the
commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit. The
commissioner shall maintain a record, available for public inspection, of all suits commenced under this subsection.
- (i) A claim against a fish processor or primary fish buyer for failing to pay contributions imposed under AS 23.20 may be brought by the Department of Labor and Workforce Development against the
bond filed under this section by filing a claim against the bond with the commissioner, along with proof, satisfactory to the
commissioner, that the fish processor or primary fish buyer
- (1) received a notice of assessment under AS 23.20.205 ;
- (2) did not pay the amount specified in the notice of assessment within 30 days after receiving the notice of
assessment or, if the assessment was contested under AS 23.20.220 , within 30 days after receiving the department's final decision
under AS 23.20.220 (c); and
- (3) did not file an appeal of the assessment under AS 23.20.220 or filed an appeal but did not initiate a proceeding for
judicial review under AS 23.20.445 within 30 days after the department's final decision under AS 23.20.220 (c).
- (j) If the commissioner determines that the Department of Labor and Workforce Development has met the claim
requirements in (i) of this section, the commissioner shall forward the claim and supporting documents to the surety or holder of the
negotiable security. If the fish processor or primary fish buyer has deposited cash with the commissioner, the commissioner shall pay
the claim of the Department of Labor and Workforce Development from the amount of the deposit. If the commissioner determines that the
Department of Labor and Workforce Development has not met the claim requirements in (i) of this section, the commissioner shall provide
the Department of Labor and Workforce Development with written notice of the deficiency of its claim.
- (k) If a performance bond is insufficient to satisfy all claims filed against it under this section, claims
brought against the bond under (h) of this section have priority over a claim filed against the bond under (i) of this section. The
Department of Labor and Workforce Development shall return to the commissioner money received from a claim filed against a fish
processor's or primary fish buyer's performance bond under (i) of this section if an employee, fisherman, or contracted raw fish
transporter obtains a final judgment under (h) of this section against that fish processor's or primary fish buyer's bond and the
- (1) fish processor or primary fish buyer has not replenished the bond after it was used to cover the claim
filed under (i) of this section; or
- (2) final judgment obtained by the employee, fisherman, or contracted raw fish transporter is more than the
amount of the bond available under (b) or (c) of this section.
- (l) The term of a performance bond expires two years after the fish processor or primary fish buyer is no longer
licensed in this state, except that if, during that two-year period, a claim has been asserted against the bond, the term of the bond is
five years. If the surety on the bond wishes to cancel the bond, the surety may do so by giving the commissioner written notice of
intention to cancel. The cancellation is effective 30 days after the notice is delivered to the commissioner.
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