CSSB 376(FIN) AM: "An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date."
00CS FOR SENATE BILL NO. 376(FIN) am 01 "An Act relating to fees charged by state agencies for certain services and to 02 reimbursement for expenses incurred by the state in providing certain services; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.06.100(b) is amended to read: 06 (b) The subjects covered by regulations adopted under (a) of this section may 07 include [, BUT ARE NOT LIMITED TO,] the following matters: 08 (1) employment, conduct, and duties of the director and of regular and 09 contractual employees of the board; 10 (2) procedures for the issuance, denial, renewal, transfer, revocation, 11 and suspension of licenses and permits; 12 (3) terms and conditions of licenses and permits issued; 13 (4) fees for licenses and permits issued for which no fees are prescribed 14 by statute;
01 (5) conduct of regular and special meetings of the board; 02 (6) delegation to the director of routine administrative functions and 03 powers; 04 (7) the temporary granting or denial of issuance, transfer, and renewal 05 of licenses; 06 (8) manner of giving any notice required by law or regulation when not 07 provided for by statute; 08 (9) requirements relating to the qualifications of licensees, the 09 conditions upon which a license may be issued, the accommodations of licensed 10 premises, and board inspection of those premises; 11 (10) making of reports by wholesalers; 12 (11) purchase of fidelity bonds by the state for the director and the 13 employees of the board; 14 (12) prohibition of possession of alcoholic beverages by drunken 15 persons and by minors; 16 (13) required reports from corporations licensed under this title, 17 including reports of stock ownership and transfers and changes of officers and 18 directors; 19 (14) creation of classifications of licenses or permits not provided for 20 in this title; 21 (15) establishment and collection of fees to be paid on application for 22 a license, a [OR] permit, or an approval of an alcohol server education course; 23 (16) required reports from partnerships and limited partnerships licensed 24 under this title, including reports of transferred interests of 10 percent or more. 25 * Sec. 2. AS 18.70.080(b) is amended to read: 26 (b) The commissioner of public safety may establish by regulation and the 27 department may charge reasonable fees for 28 (1) fire and life safety plan checks made to determine compliance with 29 regulations adopted under (a)(2) of this section; and 30 (2) permits issued under regulations adopted under this chapter. 31 * Sec. 3. AS 18.72.010(b) is amended to read:
01 (b) A person desiring to use dangerous fireworks for industrial, agricultural, 02 wildlife control, or public display purposes shall first comply with the permit 03 requirements of the fire safety code. The department may charge fees established 04 in regulations for a permit issued under this subsection. 05 * Sec. 4. AS 18.72.020(a) is amended to read: 06 (a) A person holding a permit required by the fire safety code may sell or offer 07 for sale salable fireworks [,] if 08 (1) the person has submitted to the state fire marshal a policy, or a 09 certified true copy of a policy, of public liability and products liability insurance, 10 including both accident and occurrence coverage, provided by the wholesale company 11 selling fireworks to the person, in the amount of at least $200,000 for bodily injury or 12 death and at least $50,000 property damage and the person is named as an insured 13 party upon the policy and the policy is continuously in force while the person is 14 engaged in the retail sale of fireworks; and 15 (2) an endorsement fee in an amount established in regulations 16 adopted by the department [OF $10] is paid to the state fire marshal for an 17 endorsement that is valid for two years or portions of two years during which the 18 permit holder is engaged in the retail sale of fireworks. 19 * Sec. 5. AS 18.72.030(a) is amended to read: 20 (a) A person who desires to sell fireworks at wholesale in the state shall first 21 make verified application for a license to the state fire marshal on forms provided by 22 the state fire marshal. The application shall be accompanied by an annual license fee 23 established in regulations adopted by the department [OF $50]. 24 * Sec. 6. AS 28.17.031(b) is amended to read: 25 (b) Every application for an original or renewed school license must be 26 accompanied by a fee of $100 [$25], and each application for an original or renewed 27 instructor license must be accompanied by a fee of $25 [$5]. No fee specified in this 28 section may be refunded if a license is refused, suspended, or revoked. 29 * Sec. 7. AS 33.30.011 is amended by adding a new subsection to read: 30 (b) The commissioner is authorized to seek payment for medical, 31 psychological, psychiatric, or other services provided under (a) of this section from any
01 source, including the prisoner, the prisoner's health insurance carrier, or any other 02 third-party insurer or payor to cover the services provided by the commissioner on 03 behalf of the prisoner. The duty established under (a) of this section does not relieve 04 the prisoner or any other person from a duty established by law, contract, or other 05 agreement to pay for or provide the services. The department shall adopt regulations 06 to interpret and implement this subsection. 07 * Sec. 8. AS 44.46.025(a) is amended to read: 08 (a) The Department of Environmental Conservation may adopt regulations that 09 prescribe reasonable fees, and establish procedures for the collection of the fees, to 10 cover the applicable direct costs, not including travel, of inspections, permit 11 preparation and administration, plan review and approval, and other services provided 12 by the department relating to 13 (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 14 under AS 17.20; and public accommodations and facilities under AS 18.35; 15 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 16 46.14.510; 17 (3) sewerage system and treatment works and wastewater disposal 18 systems, and drinking water systems, under AS 46.03.720; 19 (4) [OIL DISCHARGE FINANCIAL RESPONSIBILITY UNDER 20 AS 46.04.040; 21 (5) OIL DISCHARGE CONTINGENCY PLANS UNDER 22 AS 46.04.030; 23 (6)] water and wastewater operator training under AS 46.30; 24 (5) [(7)] control of solid waste facilities under AS 46.03.020(10) and 25 46.03.100; 26 (6) [(8)] certification of laboratories conducting environmental analyses 27 of public drinking water systems or of oil or hazardous substances, or conducting other 28 analyses required by the department; 29 (7) [(9)] certification of federal permits or authorizations under 33 30 U.S.C. 1341, sec. 401 (Clean Water Act); 31 (8) regulating pesticides and broadcast chemicals under
01 AS 46.03.320; 02 (9) analysis of public water system samples authorized for 03 submission to the department for analysis if no commercial laboratory in the state 04 is certified or is reasonably expected to become certified for the analysis and 05 holding times are too short to send the samples to an out-of-state laboratory; 06 (10) regulating motor vehicle fuels to control emissions under 07 AS 46.14.510 to comply with mandated programs under the Clean Air Act and 08 federal regulations. 09 * Sec. 9. TRANSITION. Notwithstanding sec. 11 of this Act, an agency of the state that 10 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 11 proceed to adopt regulations necessary to implement that agency's respective provisions in this 12 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 13 before July 1, 1994. 14 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 1994.