Enrolled HB 111: Decreasing the fee for a business license; relating to a civil fine for not having a current business license, to business license penalties under certain laws relating to financial institutions, occupational licensing, employment agencies, and taxation, and to the duration of certain business licenses; and providing for an effective date.
00Enrolled HB 111 01 Decreasing the fee for a business license; relating to a civil fine for not having a current 02 business license, to business license penalties under certain laws relating to financial 03 institutions, occupational licensing, employment agencies, and taxation, and to the duration of 04 certain business licenses; and providing for an effective date. 05 _______________ 06 * Section 1. AS 06.01.035 is amended by adding a new subsection to read: 07 (j) Notwithstanding the other provisions of this section, the failure to have a 08 business license issued under AS 43.70.020 as required by AS 06.50.020(a) is not a 09 violation for the purposes of (a) and (e) - (g) of this section. 10 * Sec. 2. AS 08.01.102 is amended to read: 11 Sec. 08.01.102. Citation for unlicensed practice or activity. The department 12 may issue a citation for a violation of a license requirement under this chapter, except 13 a requirement to have a license under [OR] AS 43.70, if there is probable cause to 14 believe a person has practiced a profession or engaged in business for which a license
01 is required without holding the license. Each day a violation continues after a citation 02 for the violation has been issued constitutes a separate violation. 03 * Sec. 3. AS 16.40.290(a) is amended to read: 04 (a) Except as provided in (b) and (c) of this section, a person who knowingly 05 violates AS 16.40.260 - 16.40.299 or a regulation adopted under AS 16.40.260 - 06 16.40.299 is guilty of a class A misdemeanor. However, this subsection does not 07 apply to the failure to hold a current business license under AS 16.40.260(a)(1) as 08 required under AS 43.70. 09 * Sec. 4. AS 23.15.510 is amended to read: 10 Sec. 23.15.510. Violations. A person who wilfully violates any provision of 11 AS 23.15.330 - 23.15.520 is guilty of a misdemeanor, and upon conviction is 12 punishable by a fine of not more than $1,000, or by imprisonment for not more than 13 six months, or by both. However, this section does not apply to the violation of the 14 requirement under AS 23.15.390 to comply with AS 43.70. 15 * Sec. 5. AS 43.05.290(h) is amended to read: 16 (h) A person engaging in or attempting to engage in a business, trade, 17 profession, or occupation for which a license is required under this title, who wilfully 18 fails to obtain the license, is guilty of a misdemeanor [,] and, upon conviction, is 19 punishable by a fine of not more than $2,000, or by imprisonment for not more than 20 six months, or by both. This subsection does not apply to a violation of 21 AS 43.70.020. 22 * Sec. 6. AS 43.70.020(d) is amended to read: 23 (d) A person engaging in a business subject to licensing provisions of a 24 regulatory nature (for example, the requirement of posting a bond before beginning 25 business as a collection agency) must, in addition to filing the regular application 26 required by this section, comply with those regulatory provisions before being entitled 27 to a license under this chapter. The department may establish that a license that is 28 issued under this section expires at the same time as a license, certificate, permit, 29 registration, or similar document issued under AS 08. 30 * Sec. 7. AS 43.70.020 is amended by adding a new subsection to read: 31 (e) If a person knowingly engages in a business in the state without having a
01 current license issued under (a) of this section, the department may impose a civil fine 02 of up to $300. In this subsection, "knowingly" has the meaning given in AS 11.81.900. 03 * Sec. 8. AS 43.70.030(a) is amended to read: 04 (a) The fee for each business license is $50 a [$100 PER] year, except that the 05 fee is $25 [$50] if 06 (1) the business is a sole proprietorship; and 07 (2) the sole proprietor is 65 years of age or older when the sole 08 proprietor applies for the license or will reach 65 years of age at any time during the 09 year for which the license is issued. 10 * Sec. 9. This Act takes effect October 1, 2009.