txt

CSSB 216(FIN): "An Act relating to fees, assessments, and costs for certain functions of state or municipal government including hearing costs related to the real estate surety fund, fees for authorization to operate a postsecondary educational institution or for an agent's permit to perform services for a postsecondary educational institution, fees of the state Commission on Human Rights, administrative fees for self-insurers in workers' compensation, fees relating to applications for exploration incentive credits, charges to prisoners, marine and harbor facility use fees, business license fees, fees for training relating to management of hazardous substances and emergency management response, fees for regulation of pesticides and broadcast chemicals; and subdivision plans for sewage waste disposal or treatment; relating to a tax exemption; and providing for an effective date."

00CS FOR SENATE BILL NO. 216(FIN) 01 "An Act relating to fees, assessments, and costs for certain functions of state 02 or municipal government including hearing costs related to the real estate surety 03 fund, fees for authorization to operate a postsecondary educational institution or 04 for an agent's permit to perform services for a postsecondary educational 05 institution, fees of the state Commission on Human Rights, administrative fees 06 for self-insurers in workers' compensation, fees relating to applications for 07 exploration incentive credits, charges to prisoners, marine and harbor facility use 08 fees, business license fees, fees for training relating to management of hazardous 09 substances and emergency management response, fees for regulation of pesticides 10 and broadcast chemicals; and subdivision plans for sewage waste disposal or 11 treatment; relating to a tax exemption; and providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 13 * Section 1. AS 08.88.472(a) is amended to read: 14  (a) The [WHEN AN AWARD IS MADE FROM THE REAL ESTATE

01 SURETY FUND UNDER AS 08.88.470, THE] commission may charge to the real 02 estate surety fund the costs of a hearing on a claim for reimbursement held under 03 AS 08.88.465. The commission shall deposit into the real estate surety fund 04 amounts [AS 08.88.071 OR 08.88.465. AMOUNTS SUBSEQUENTLY] recovered 05 [BY THE COMMISSION] for these costs from the licensee under AS 08.88.071(b) or 06 from other parties under AS 08.88.490 [SHALL BE DEPOSITED TO THE REAL 07 ESTATE SURETY FUND]. 08 * Sec. 2. AS 14.48.090 is repealed and reenacted to read: 09  Sec. 14.48.090. FEES. The commission shall adopt regulations that establish 10 the amount and manner of payment of application fees, authorization or permit fees, 11 renewal fees, investigation fees, and all other fees as appropriate for the authorization 12 to operate under AS 14.48.070 and the agent's permit for services under AS 14.48.080. 13 * Sec. 3. AS 18.80.060(b) is amended to read: 14  (b) In addition to other powers and duties prescribed by this chapter, the 15 commission may 16  (1) delegate to the executive director all powers and duties given it by 17 this chapter except the duties and powers given it by AS 18.80.120 and 18.80.130; 18  (2) call upon the departments and agencies of the state, with the 19 approval of the governor, for cooperation and assistance in carrying out this chapter; 20  (3) hold hearings under AS 18.80.120; 21  (4) establish the amount and manner of payment of fees for 22 services, information, and materials that the commission provides to public and 23 private organizations and other persons. 24 * Sec. 4. AS 23.30.090 is amended by adding new subsections to read: 25  (b) An employer authorized as a self-insurer, except the state, a municipality, 26 a municipal school district, or a regional educational attendance area shall pay to the 27 department, for administrative services provided by the department, a fee of four 28 percent of the total amount reported in the report filed by the employer under 29 AS 23.30.155(m) for the preceding calendar year. The board shall adopt regulations 30 establishing the procedures for payment of the fee under this subsection. The 31 department shall transfer the fees collected under this subsection to the Department of

01 Revenue for deposit in the state treasury. 02  (c) In (b) of this section, "total amount reported" means the total of all 03 temporary total disability payments, temporary partial disability payments, permanent 04 partial disability payments, permanent partial impairment payments, permanent total 05 disability payments, medical benefits, reemployment benefits, death benefits, attorney 06 fees, litigation costs, penalties, interest, and other payments paid by the employer and 07 reported in the employer's annual report filed under AS 23.30.155(m). 08 * Sec. 5. AS 27.30 is amended by adding a new section to read: 09  Sec. 27.30.095. FEES. The commissioner may charge a fee for direct costs 10 incurred by the department in evaluating or auditing an application to certify the credit 11 authorized under AS 27.30.010, including the cost of contractors selected by the 12 commissioner to assist in the evaluation or audit. The fee may not exceed $500 for 13 each application covering one or more years if the amount claimed in the application 14 is $1,000,000 or less. The fee may not exceed $1,000 for each application covering 15 one or more years if the amount claimed in more than $1,000,000. 16 * Sec. 6. AS 29.35 is amended by adding a new section to read: 17  Sec. 29.35.085. COSTS OF PRISONERS. A municipality may charge a 18 prisoner in a municipal facility for room, board, and personal expenses of the prisoner, 19 subject to the ability of the prisoner to pay the charge. A charge imposed under this 20 section may not exceed $70 per day. 21 * Sec. 7. AS 35.10 is amended by adding a new section to article 2 to read: 22  Sec. 35.10.121. MARINE AND HARBOR FACILITY FEES. (a) The 23 department may establish fees, by regulation, for the use of state marine or harbor 24 facilities that provide for the reasonable costs of management, operation, maintenance, 25 and replacement of those facilities. 26  (b) A municipality that leases a state marine or harbor facility under 27 AS 35.10.120 may, by ordinance and in accordance with the lease, establish and 28 collect reasonable fees for the use of those facilities. The municipality shall establish, 29 by ordinance, a separate account into which those fees shall be deposited. The 30 municipality shall disburse money from the account in accordance with the lease and 31 applicable law.

01 * Sec. 8. AS 43.40.015(d) is amended to read: 02  (d) A certificate of use is not required 03  (1) for fuel exempted under AS 43.40.100(2)(C) [, (F),] or (K); and 04  (2) for fuel exempted under AS 43.40.100(2)(J) other than fuel sold or 05 transferred under this exemption to a person who is engaged in construction or mining 06 activity. 07 * Sec. 9. AS 43.70.030(a) is amended to read: 08  (a) The license fee for each business is $75 for a two-year period [$25 PER 09 YEAR]. 10 * Sec. 10. AS 44.35.040 is amended to read: 11  Sec. 44.35.040. FEES FOR CERTAIN TRAINING. The Department of Military 12 and Veterans' Affairs may adopt regulations establishing reasonable fees for training 13 provided by the department to persons relating to emergency management response. 14 Regulations adopted under this section must establish [THE TRANSPORTATION, 15 STORAGE, OR OTHER MANAGEMENT OF HAZARDOUS SUBSTANCES, AND 16 ESTABLISHING] procedures for the collection of the fees. 17 * Sec. 11. AS 44.46.025(a) is amended to read: 18  (a) The Department of Environmental Conservation may adopt regulations that 19 prescribe reasonable fees, and establish procedures for the collection of the fees, to 20 cover the applicable direct costs, not including travel, of inspections, permit 21 preparation and administration, plan review and approval, and other services provided 22 by the department relating to 23  (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 24 under AS 17.20; and public accommodations and facilities under AS 18.35; 25  (2) certificates of inspection for motor vehicles under AS 46.14.400 or 26 46.14.510; 27  (3) sewerage system and treatment works and wastewater disposal 28 systems, and drinking water systems, under AS 46.03.720; 29  (4) [REPEALED 30  (5) REPEALED 31  (6)] water and wastewater operator training under AS 46.30;

01  (5) [(7)] control of solid waste facilities under AS 46.03.020(10) and 02 46.03.100; 03  (6) [(8)] certification of laboratories conducting environmental analyses 04 of public drinking water systems or of oil or hazardous substances, or conducting other 05 analyses required by the department; 06  (7) [(9)] certification of federal permits or authorizations under 33 07 U.S.C. 1341, sec. 401 (Clean Water Act); 08  (8) regulation of pesticides and broadcast chemicals under 09 AS 46.03.320 and 46.03.330; 10  (9) subdivision plans outside of an organized borough or 11 municipality for sewage waste disposal or treatment submitted under 12 AS 46.03.090; the fees authorized by this subsection may not be levied for review 13 of subdivisions being divided into four lots or less where each lot is at least one 14 acre in size. 15 * Sec. 12. AS 43.40.100(2)(F) is repealed. 16 * Sec. 13. TRANSITIONAL PROVISION: ADOPTION OF REGULATIONS. The state 17 agencies affected by this Act may proceed to adopt regulations necessary to implement the 18 changes made by secs. 2 - 5, 7, and 9 - 11 of this Act, respectively. The regulations take 19 effect under AS 44.62 (Administrative Procedure Act), but not before the respective effective 20 dates of secs. 2 - 5, 7, and 9 - 11 of this Act. 21 * Sec. 14. TRANSITIONAL PROVISION: TEMPORARY FEE SCHEDULE FOR 22 CERTAIN ACTIVITIES RELATED TO POSTSECONDARY EDUCATIONAL 23 INSTITUTIONS AND AGENTS. Until a new fee schedule is adopted by regulation to 24 implement the changes made by sec. 2 of this Act, the Alaska Commission on Postsecondary 25 Education, or its successor state agency, may charge the fees set out in the following schedule 26 for an authorization to operate an institution in this state and for an agent's permit related to 27 activities for postsecondary educational institutions: 28 (1) authorization to operate $100; 29 (2) renewal of authorization to 30 operate $100; 31 (3) an agent's permit $ 50;

01 (4) renewal of an agent's permit $ 50. 02 * Sec. 15. Section 13 of this Act takes effect immediately under AS 01.10.070(c). 03 * Sec. 16. Sections 1 - 3, 5 - 7, 10, 11, and 14 of this Act take effect July 1, 1996. 04 * Sec. 17. Sections 4 and 9 of this Act take effect January 1, 1997.