CSSB 39(L&C): "An Act relating to business licenses, to the amount of the state's business license fee, to the penalty for not obtaining a business license, and to business license penalties under certain financial institution, occupational licensing, employment agency, and taxation laws; and providing for an effective date."
00 CS FOR SENATE BILL NO. 39(L&C) 01 "An Act relating to business licenses, to the amount of the state's business license fee, to 02 the penalty for not obtaining a business license, and to business license penalties under 03 certain financial institution, occupational licensing, employment agency, and taxation 04 laws; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 is amended by adding a new subsection to read: 23 (e) A person who knowingly violates this section is subject to a civil fine of 24 not more than $300. 25 * Sec. 7. AS 43.70.030(a) is amended to read: 26 (a) The fee for each business license is $25 a [$100 PER] year [, EXCEPT 27 THAT THE FEE IS $50 IF 28 (1) THE BUSINESS IS A SOLE PROPRIETORSHIP; AND 29 (2) THE SOLE PROPRIETOR IS 65 YEARS OF AGE OR OLDER 30 WHEN THE SOLE PROPRIETOR APPLIES FOR THE LICENSE OR WILL 31 REACH 65 YEARS OF AGE AT ANY TIME DURING THE YEAR FOR WHICH
01 THE LICENSE IS ISSUED]. 02 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: FEE. If a license issued under AS 43.70.020(a) is scheduled to expire 05 on January 1, 2008, and if the person to whom the license was issued wants to obtain a license 06 under AS 43.70.020(a) that lasts for the two years of 2008 and 2009, a person who is required 07 under AS 43.70.030, as that section exists before October 1, 2008, to pay 08 (1) $100 a year for the license may pay $125 for a two-year license instead of 09 $200; 10 (2) $50 a year for the license may pay $75 for a two-year license instead of 11 $100. 12 * Sec. 9. Section 7 of this Act takes effect October 1, 2008.