CSHB 123(RLS): "An Act relating to occupational licensing fees, fines, and penalties and to regulatory board fines; extending the termination dates of the Boards of Barbers and Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to psychologist licensing by credentials; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 123(RLS) 01 "An Act relating to occupational licensing fees, fines, and penalties and to regulatory 02 board fines; extending the termination dates of the Boards of Barbers and Hairdressers, 03 Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and 04 Psychological Associate Examiners, and Veterinary Examiners; relating to psychologist 05 licensing by credentials; relating to an exemption that allows one bill to continue more 06 than one board, commission, or agency program; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.01.065(c) is amended to read: 09 (c) Except as provided in (f) - (i) of this section, the department shall establish 10 fee levels under (a) of this section so that the total amount of fees, together with the 11 fines and penalties collected for an occupation, approximately equals the actual 12 regulatory costs for the occupation. The department shall annually review each fee 13 level to determine whether the regulatory costs of each occupation are approximately
01 equal to fee, fine, and penalty collections related to that occupation. If the review 02 indicates that an occupation's fee, fine, and penalty collections and an occupation's 03 regulatory costs are not approximately equal, the department shall calculate fee 04 adjustments and adopt regulations under (a) of this section to implement the 05 adjustments. In January of each year, the department shall report on all fee levels and 06 revisions for the previous year under this subsection to the office of management and 07 budget. If a board regulates an occupation covered by this chapter, the department 08 shall consider the board's recommendations concerning the occupation's fee levels and 09 regulatory costs before revising fee schedules to comply with this subsection. In this 10 subsection, "regulatory costs" means costs of the department that are attributable to 11 regulation of an occupation plus 12 (1) all expenses of the board that regulates the occupation if the board 13 regulates only one occupation; 14 (2) the expenses of a board that are attributable to the occupation if the 15 board regulates more than one occupation. 16 * Sec. 2. AS 08.01.065(f) is amended to read: 17 (f) Notwithstanding (c) of this section, the department shall establish fee levels 18 under (a) of this section so that the total amount of fees, fines, and penalties collected 19 by the State Board of Registration for Architects, Engineers, and Land Surveyors 20 approximately equals the total regulatory costs of the department and the board for all 21 occupations regulated by the board. The department shall set the fee levels for the 22 issuance and renewal of a certificate of registration issued under AS 08.48.211 so that 23 the fee levels are the same for all occupations regulated by the board. 24 * Sec. 3. AS 08.01.065(g) is amended to read: 25 (g) Notwithstanding (c) of this section, the department shall establish fee 26 levels under (a) of this section so that the total amount of fees, fines, and penalties 27 collected by the department for all occupations regulated under AS 08.11 28 approximately equals the total regulatory costs of the department for all occupations 29 regulated by the department under AS 08.11. The department shall set the fee levels 30 for the issuance and renewal of licenses issued under AS 08.11 so that the fee levels 31 are the same for all occupations regulated by the department under AS 08.11.
01 * Sec. 4. AS 08.01.065(h) is amended to read: 02 (h) Notwithstanding (c) of this section, the department shall establish fee 03 levels under (a) of this section so that the total amount of fees, fines, and penalties 04 collected by the Board of Barbers and Hairdressers approximately equals the total 05 regulatory costs of the department, the board, and the Department of Environmental 06 Conservation for all occupations regulated by the board. For purposes of this 07 subsection, the regulatory costs of the Department of Environmental Conservation for 08 the occupations regulated by the board include the cost of preparing for and 09 conducting disciplinary hearings under AS 08.01.075, the cost of inspections under 10 AS 08.13.210(b), the cost of developing and adopting regulations under AS 44.46.020 11 for barbershop, hairdressing, manicuring, esthetics, body piercing, ear piercing, and 12 tattooing and permanent cosmetic coloring establishments, and the cost to the 13 Department of Environmental Conservation of enforcing those regulations except for 14 the enforcement costs relating to ear piercing establishments. The department shall set 15 the fee levels for the issuance and renewal of a practitioner's license issued under 16 AS 08.13.100 so that the license and license renewal fees are the same for all 17 occupations regulated by the Board of Barbers and Hairdressers. 18 * Sec. 5. AS 08.01.065(i) is amended to read: 19 (i) Notwithstanding (c) of this section, the department shall establish fee levels 20 under (a) of this section so that the total amount of fees, fines, and penalties collected 21 by the Department of Commerce, Community, and Economic Development for 22 specialty contractors, home inspectors, and associate home inspectors approximately 23 equals the total regulatory costs of the department for those three registration 24 categories. The department shall set the fee levels for the issuance and renewal of a 25 certificate of registration issued under AS 08.18 so that the fee levels are the same for 26 all three of these registration categories and so that the fee level for a home inspector 27 with a joint registration is not different from the fee level for a home inspector who 28 does not have a joint registration. In this subsection, "joint registration" has the 29 meaning given in AS 08.18.171. 30 * Sec. 6. AS 08.01.075 is amended by adding a new subsection to read: 31 (g) A fine imposed and collected by a board under (a) of this section shall be
01 accounted for separately and may be appropriated by the legislature for the benefit and 02 use of the board in carrying out the board's duties. 03 * Sec. 7. AS 08.03.010(c)(4) is amended to read: 04 (4) Board of Barbers and Hairdressers (AS 08.13.010) - June 30, 2011 05 [2005]; 06 * Sec. 8. AS 08.03.010(c)(6) is amended to read: 07 (6) Board of Social Work Examiners (AS 08.95.010) - June 30, 2010 08 [2005]; 09 * Sec. 9. AS 08.03.010(c)(15) is amended to read: 10 (15) Board of Pharmacy (AS 08.80.010) - June 30, 2010 [2005]; 11 * Sec. 10. AS 08.03.010(c)(17) is amended to read: 12 (17) Board of Professional Counselors (AS 08.29.010) - June 30, 2010 13 [2005]; 14 * Sec. 11. AS 08.03.010(c)(18) is amended to read: 15 (18) Board of Psychologist and Psychological Associate Examiners 16 (AS 08.86.010) - June 30, 2010 [2005]; 17 * Sec. 12. AS 08.03.010(c)(21) is amended to read: 18 (21) Board of Veterinary Examiners (AS 08.98.010) - June 30, 2009 19 [2005]. 20 * Sec. 13. AS 08.86.150 is amended to read: 21 Sec. 08.86.150. License by credentials. A person who is licensed or certified 22 as a psychologist by a licensing authority other than the state is entitled to be licensed 23 in the state without examination if the person applies on the proper application form, 24 submits proof of continued competence as required by regulation of the board, pays 25 the credential review fee, and the person 26 (1) holds a doctoral degree with primary emphasis on psychology that 27 satisfies the requirements of AS 08.86.130 and the examination and qualification 28 requirements for the person's out-of-state license or certificate were essentially similar 29 to or higher than the examination and qualification requirements for licensure under 30 this chapter; [OR] 31 (2) is a diplomate in good standing of the American Board of
01 Professional Psychology; or 02 (3) is certified or registered with a credentialing organization in 03 psychology approved by the board in regulation and with requirements 04 essentially similar to or higher than the requirements for licensure under this 05 chapter. 06 * Sec. 14. AS 37.05.146(c)(24) is amended to read: 07 (24) receipts of the Department of Commerce, Community, and 08 Economic Development under AS 08.01.065 and from fines and penalties collected 09 in licensing and disciplinary actions for occupations under AS 08.01.010 10 [AS 08.01.065(a), (c), AND (f)]; 11 * Sec. 15. AS 08.95.920 is repealed. 12 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 EXEMPTION FROM AS 44.66.050(e). Sections 7 - 12 of this Act are exempt from 15 the provision of AS 44.66.050(e) that prohibits a bill from continuing the existence of more 16 than one board, commission, or agency program. 17 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).