00 CS FOR HOUSE BILL NO. 65(L&C)
01 "An Act relating to licenses, certificates, and permits administered and fees
02 charged by the Alcoholic Beverage Control Board, the office of public advocacy,
03 the Alaska Commission on Postsecondary Education, the Department of Labor, the
04 Alaska Police Standards Council, the Department of Natural Resources, and the
05 Department of Environmental Conservation; relating to the administration of the
06 state insurance catastrophe reserve account; authorizing the Department of Natural
07 Resources to accept certain donations for parks and recreation; relating to fiscal
08 reporting and accounting by the Department of Administration; and amending
09 Alaska Rule of Probate Procedure 16(d); and providing for an effective date."
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
11 * Section 1. AS 04.11.090(b) is amended to read:
12 (b) The biennial [ANNUAL] beverage dispensary license fee is $2,500
13 [$1,250].
14 * Sec. 2. AS 04.11.100(d) is amended to read:
01 (d) The biennial [ANNUAL] fee for a restaurant or eating place license is
02 $600 [$300].
03 * Sec. 3. AS 04.11.100(e) is amended to read:
04 (e) A license may be renewed under this section only if the licensee provides
05 evidence to the board's satisfaction that gross receipts from the sale of food upon the
06 licensed premises constitute no less than 50 percent of the gross receipts of the
07 licensed premises for each of the two preceding calendar years [LICENSE YEAR].
08 * Sec. 4. AS 04.11.110(c) is amended to read:
09 (c) The biennial [ANNUAL] club license fee is $1,200 [$600].
10 * Sec. 5. AS 04.11.120(c) is amended to read:
11 (c) The biennial [ANNUAL] bottling works license fee is $500 [$250].
12 * Sec. 6. AS 04.11.130(d) is amended to read:
13 (d) The biennial [ANNUAL] brewery license fee is $1,000 [$500].
14 * Sec. 7. AS 04.11.135(c) is amended to read:
15 (c) The biennial [ANNUAL] brewpub license fee is $500 [$250].
16 * Sec. 8. AS 04.11.140(d) is amended to read:
17 (d) The biennial [ANNUAL] winery license fee is $500 [$250].
18 * Sec. 9. AS 04.11.150(b) is amended to read:
19 (b) The biennial [ANNUAL] package store license fee is $1,500 [$750].
20 * Sec. 10. AS 04.11.160(a) is amended to read:
21 (a) A general wholesale license authorizes the holder to sell alcoholic
22 beverages in the original package, and wine in bulk, in quantities of not less than five
23 gallons. A holder of a general wholesale license may not sell to a person not licensed
24 under this title, except as provided in AS 04.21.040. A holder of a general wholesale
25 license may not sell alcoholic beverages unless any stamps required to be affixed to
26 the package by state or federal law are intact on the package. A wholesaler must
27 obtain a general wholesale license for each distributing point. The biennial
28 [ANNUAL] general wholesale license fee is $2,000 [$1,000 FOR THE FIRST
29 $100,000 OF BUSINESS TRANSACTED], payable at the time of making an original
30 application or an application for renewal. In addition, the following annual fees shall
31 be paid by a holder of a general wholesale license:
01 Total Business Transacted During Calendar Year Annual Fee
02 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . . .$ 500
03 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . .$ 1,000
04 over $200,000 and not over $250,000. . . . . . . . . . . . . . . . . .$ 1,500
05 over $250,000 and not over $300,000. . . . . . . . . . . . . . . . . .$ 2,000
06 over $300,000 and not over $350,000. . . . . . . . . . . . . . . . . .$ 2,500
07 over $350,000 and not over $400,000. . . . . . . . . . . . . . . . . .$ 3,000
08 over $400,000 and not over $500,000. . . . . . . . . . . . . . . . . .$ 4,000
09 over $500,000 and not over $600,000. . . . . . . . . . . . . . . . . .$ 5,000
10 over $600,000 and not over $700,000. . . . . . . . . . . . . . . . . .$ 6,000
11 over $700,000 and not over $800,000. . . . . . . . . . . . . . . . . .$ 7,000
12 over $800,000 and not over $1,000,000. . . . . . . . . . . . . . . . .$ 9,000
13 over $1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000.
14 * Sec. 11. AS 04.11.160(b) is amended to read:
15 (b) A wholesale malt beverage and wine license authorizes the holder to sell
16 malt beverages and wine in the original packages in quantities of not less than five
17 gallons. The holder of a wholesale malt beverage and wine license may not sell to a
18 person not licensed under this title except as provided in AS 04.21.040. The biennial
19 [ANNUAL] wholesale malt beverage and wine license fee is $400 [$200 FOR THE
20 FIRST $20,000 OF BUSINESS TRANSACTED DURING A YEAR], payable at the
21 time of making an original application or application for renewal. In addition, the
22 following annual fees shall be paid by a holder of a wholesale malt beverage and wine
23 license:
24 Total Business Transacted During Calendar Year Annual Fee
25 over $20,000 and not over $50,000. . . . . . . . . . . . . . . . . . . .$ 300
26 over $50,000 and not over $100,000 . . . . . . . . . . . . . . . . . .$ 1,000
27 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . .$ 1,500
28 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . .$ 2,000
29 over $200,000 and not over $400,000. . . . . . . . . . . . . . . . . .$ 4,000
30 over $400,000 and not over $600,000. . . . . . . . . . . . . . . . . .$ 6,000
31 over $600,000 and not over $800,000. . . . . . . . . . . . . . . . . .$ 8,000
01 over $800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000.
02 * Sec. 12. AS 04.11.160(c) is amended to read:
03 (c) No later than February 28 of each year [FOLLOWING THE YEAR FOR
04 WHICH A LICENSE HAS BEEN ISSUED UNDER THIS SECTION], the licensee
05 shall file with the board an affidavit showing the total business transacted during the
06 preceding calendar year under the license and the location of the licensed premises
07 at which the business was transacted. At the time of filing the affidavit, the licensee
08 shall pay the additional annual [LICENSE] fees accrued under (a) and (b) of this
09 section during the preceding calendar year.
10 * Sec. 13. AS 04.11.170(c) is amended to read:
11 (c) The biennial [ANNUAL] distillery license fee is $1,000 [$500].
12 * Sec. 14. AS 04.11.180(b) is amended to read:
13 (b) The biennial [ANNUAL] fee for a common carrier dispensary license is
14 $700 [$350] for each vehicle, boat, aircraft, or railroad buffet car in which alcoholic
15 beverages are served.
16 * Sec. 15. AS 04.11.210(b) is amended to read:
17 (b) The biennial [ANNUAL] fee for a recreational site license is $800 [$400].
18 * Sec. 16. AS 04.11.220(d) is amended to read:
19 (d) The biennial [ANNUAL] fee for a pub license is $800 [$400].
20 * Sec. 17. AS 04.11.250(a) is amended to read:
21 (a) A conditional contractor's permit authorizes the holder to sell beer or wine
22 for consumption only on designated premises for two years [ONE YEAR] from the
23 date of issuance of the permit at construction sites that are located outside a city and
24 inside the boundaries of a military or naval reservation.
25 * Sec. 18. AS 04.11.250(b) is amended to read:
26 (b) An applicant for a conditional contractor's permit must obtain and file with
27 the board written permission from the commanding officer of the military or naval
28 reservation and the prime contractor of the remotely situated project for the conduct
29 of the activities authorized by the permit. A conditional contractor's permit may be
30 renewed biennially [ANNUALLY] upon reapplication for a permit and may be
31 revoked or suspended at the discretion of the commanding officer or the prime
01 contractor.
02 * Sec. 19. AS 04.11.250(d) is amended to read:
03 (d) The biennial [ANNUAL] conditional contractor's permit fee is $1,200
04 [$600].
05 * Sec. 20. AS 04.11.270(a) is amended to read:
06 (a) An application for renewal of a license or renewal of a conditional
07 contractor's permit must include [:]
08 (1) the information required for a new license or permit under
09 AS 04.11.260 except that proof of notice under AS 04.11.310 is not required; and
10 (2) a list of all convictions of the applicant of violations of this title,
11 a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, that
12 occurred in the preceding two calendar years [YEAR].
13 * Sec. 21. AS 04.11.270(b) is repealed and reenacted to read:
14 (b) A license shall be renewed as follows:
15 (1) on or before November 1 of each year, the director shall mail a
16 renewal application to each licensee whose license, unless renewed, will expire on
17 December 31 of that year; the application shall be mailed to the licensee at the
18 licensed premises or at a mailing address furnished by the licensee;
19 (2) the licensee shall submit the completed renewal application and the
20 biennial license fee to the director on or before December 31;
21 (3) a renewal application filed after December 31 is delinquent and
22 must be accompanied by a $200 penalty fee;
23 (4) if December 31 falls on a weekend or a state holiday, the deadline
24 is extended to the first business day following December 31.
25 * Sec. 22. AS 04.11.330(a) is amended to read:
26 (a) An application requesting renewal of a license shall be denied if
27 (1) the board finds, after review of all relevant information, that
28 renewal of the license would not be in the best interests of the public;
29 (2) the license has been revoked for any cause;
30 (3) the applicant has not operated the licensed premises for at least 30
31 eight-hour days during each of the two preceding calendar years [THE
01 IMMEDIATELY PRECEDING CALENDAR YEAR], unless the board determines that
02 the licensed premises are under construction or cannot be operated through no fault of
03 the applicant;
04 (4) the board finds that issuance of an existing license under
05 AS 04.11.400(g) has not encouraged tourist trade;
06 (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning,
07 ownership of the license, and financing of the licensee have not been met;
08 (6) renewal of the license would violate the restrictions pertaining to
09 the particular license under this title;
10 (7) renewal of the license is prohibited under this title as a result of an
11 election conducted in accordance with AS 04.11.502;
12 (8) the application has not been completed in accordance with
13 AS 04.11.270;
14 (9) the license was issued under AS 04.11.400(j), and the board finds
15 that the public convenience does not require renewal.
16 * Sec. 23. AS 04.11.330(d) is amended to read:
17 (d) Notwithstanding (a) (3) of this section, a recreational site license issued
18 under AS 04.11.210 may be renewed if the license was exercised at least once during
19 each of the two [THE IMMEDIATELY] preceding calendar years [YEAR].
20 * Sec. 24. AS 04.11.490(b) is amended to read:
21 (b) If a majority of the voters vote "yes" on the question set out in (a) of this
22 section, the board shall be notified immediately after certification of the results of the
23 election and thereafter the board may not issue, renew, or transfer between holders or
24 locations a license for licensed premises located within the boundaries of the [A]
25 municipality and in unincorporated areas within five miles of the boundaries of the
26 municipality or within the perimeter of the [AN] established village. Licenses that
27 may not be renewed because of a local option election held under this section are void
28 90 days after the results of the election are certified. A license that will expire during
29 the 90 days after the results of a local option election under this section are certified
30 may be extended, until it is void under this subsection, by payment of a prorated
31 portion of the biennial [ANNUAL] license fee.
01 * Sec. 25. AS 04.11.492(b) is amended to read:
02 (b) If a majority of the voters vote "yes" on the question set out in (a) of this
03 section, the board shall be notified immediately after certification of the results of the
04 election and thereafter may not issue, renew, or transfer between holders or locations
05 a license for licensed premises located within the boundaries of the [A] municipality
06 and in unincorporated areas within five miles of the boundaries of the municipality,
07 with the exception of a beverage dispensary or package store operated under a
08 community liquor license held by the municipality. Licenses in effect are void 90 days
09 after the results of the election are certified. A license that will expire during the 90
10 days after the results of a local option election under this section are certified may be
11 extended, until it is void under this subsection, by payment of a prorated portion of the
12 biennial [ANNUAL] license fee.
13 * Sec. 26. AS 04.11.496(b) is amended to read:
14 (b) If a majority of the voters vote "yes" on the question set out in (a) of this
15 section, a person, beginning on the first day of the month following certification of the
16 results of the election, may not knowingly send, transport, or bring an alcoholic
17 beverage into the municipality or established village, unless the alcoholic beverage is
18 sacramental wine to be used for bona fide religious purposes based on tenets or
19 teachings of a church or religious body, is limited in quantity to the amount necessary
20 for religious purposes, and is dispensed only for religious purposes by a person
21 authorized by the church or religious body to dispense the sacramental wine. The board
22 shall be notified immediately after certification of the results of the election and
23 thereafter may not issue, renew, or transfer between holders or locations a license for
24 licensed premises located within the boundaries of the municipality and within
25 unincorporated areas within five miles of the boundaries of the municipality or within
26 the perimeter of the established village. Licenses that may not be renewed because of
27 a local option election held under this section are void 90 days after the results of the
28 election are certified. A license that will expire during the 90 days after the results of
29 a local option election under this section are certified may be extended, until it is void
30 under this subsection, by payment of a prorated portion of the biennial [ANNUAL]
31 license fee.
01 * Sec. 27. AS 04.11.498(c) is amended to read:
02 (c) If a majority of the voters of an established village vote "yes" on the
03 question set out in (a) of this section and the sale of alcoholic beverages, or the sale
04 and importation of alcoholic beverages, has not been previously prohibited in the
05 established village in accordance with AS 04.11.490 or 04.11.496, a person, beginning
06 90 days after certification of the results of the election, may not knowingly possess an
07 alcoholic beverage in the established village, unless the person is licensed by the board
08 or the alcoholic beverage is wine to be used for bona fide religious purposes based on
09 tenets or teachings of a church or religious body, is limited in quantity to the amount
10 necessary for religious purposes, and is dispensed only for religious purposes by a
11 person recognized by the church or religious body as authorized to dispense the wine.
12 The board shall be notified immediately after certification of the results of the election
13 and thereafter may not issue, renew, or transfer between holders or locations a license
14 for licensed premises located within the perimeter of the established village as defined
15 in AS 04.21.080(b). Licenses that may not be renewed because of a local option
16 election held under this section are void 90 days after the results of the election are
17 certified. A license that will expire during the 90 days after the results of a local
18 option election under this section are certified may be extended until it is void under
19 this subsection [SECTION], by payment of a prorated portion of the biennial
20 [ANNUAL] license fee.
21 * Sec. 28. AS 04.11.498(e) is amended to read:
22 (e) If a majority of the voters of a municipality vote "yes" on the question set
23 out in (a) of this section and the sale of alcoholic beverages, or the sale and
24 importation of alcoholic beverages, has not been previously prohibited in the
25 municipality in accordance with AS 04.11.490 or 04.11.496, an ordinance is adopted
26 that becomes effective beginning 90 days after certification of the results of the
27 election, and a person may not knowingly possess an alcoholic beverage in the
28 municipality, unless the alcoholic beverage is wine to be used for bona fide religious
29 purposes based on tenets or teachings of a church or religious body, is limited in
30 quantity to the amount necessary for religious purposes, and is dispensed only for
31 religious purposes by a person recognized by the church or religious body as
01 authorized to dispense the wine. The board shall be notified immediately after the
02 adoption of the ordinance and thereafter may not issue, renew, or transfer between
03 holders or locations a license for licensed premises located within the boundaries of
04 the municipality and within unincorporated areas within five miles of the boundaries
05 of the municipality. Licenses that may not be renewed because of a local option
06 election held under this section are void 90 days after the results of the election are
07 certified. A license that will expire during the 90 days after the results of a local
08 option election under this section are certified may be extended, until it is void under
09 this subsection [SECTION], by payment of a prorated portion of the biennial
10 [ANNUAL] fee.
11 * Sec. 29. AS 04.11.500(b) is amended to read:
12 (b) If a majority of the voters vote "yes" on the question set out in (a) of this
13 section, the board shall be notified immediately after certification of the results of the
14 election and thereafter may not issue, renew, or transfer between holders or locations
15 a license for licensed premises located within the boundaries of the municipality and
16 in unincorporated areas within five miles of the boundaries of the municipality or
17 within the perimeter of the established village, except those types of licenses listed on
18 the ballot. Licenses in effect within the boundaries of the municipality or perimeter
19 of the established village, and in an unincorporated area outside of but within five
20 miles of the boundaries of the municipality, except those types of licenses listed on the
21 ballot, are void 90 days after the results of the election are certified. A license that
22 will expire during the 90 days after the results of a local option election under this
23 section are certified may be extended, until it is void under this subsection, by payment
24 of a prorated portion of the biennial [ANNUAL] license fee.
25 * Sec. 30. AS 04.11.500(c) is amended to read:
26 (c) If the majority of the voters vote "no" on the question set out in (a) of this
27 section or vote "yes" on the questions set out in AS 04.11.490, 04.11.492, 04.11.496,
28 or this section if different types of licenses are listed on the ballot in an election
29 conducted in accordance with AS 04.11.502 after an election in which the voters voted
30 "yes" on the question set out in (a) of this section, the board shall be notified
31 immediately after certification of the results of the election. Licenses in effect in the
01 municipality, in the unincorporated area outside of but within five miles of the
02 boundaries of the municipality or established village that were excepted from the
03 prohibition on sale in accordance with the results of the earlier election are void 90
04 days after the results of the election are certified. Thereafter the board may not issue,
05 renew, or transfer between holders or locations a license for licensed premises located
06 within the boundaries of the municipality or within the perimeter of an established
07 village, or in an unincorporated area within five miles of the boundaries of the
08 municipality, except a license that may be issued to a municipality or to one of the
09 types of licenses listed on the ballot as a result of a majority of the voters voting "yes"
10 on the question set out in AS 04.11.492 or this section, respectively. A license that
11 will expire during the 90 days after the results of a local option election under this
12 section are certified may be extended, until it is void under this subsection, by payment
13 of a prorated portion of the biennial [ANNUAL] license fee.
14 * Sec. 31. AS 04.11.610(a) is amended to read:
15 (a) Biennial [ANNUAL] license fees, excluding annual wholesale fees and
16 biennial wholesale license fees, collected within a municipality shall be refunded
17 semi-annually to the municipality.
18 * Sec. 32. AS 04.11.680(a) is amended to read:
19 (a) Upon application and payment of one-quarter [ONE-HALF] of the
20 biennial [ANNUAL] fee, the board may issue a license under this title that will be
21 effective for a continuous six-month period. Otherwise, all licenses issued under this
22 title other than a retail stock sale license are effective for the two calendar years
23 [YEAR] ending December 31, unless a shorter period is prescribed by the board or by
24 law.
25 * Sec. 33. AS 13.26.410(a) is repealed and reenacted to read:
26 (a) The commissioner of administration may establish by regulation a schedule
27 of reasonable fees for the costs of the public guardian's services. The fee schedule
28 established may be based upon the ability of the ward or protected person to pay for
29 guardian services but may not exceed the actual cost of providing public guardian
30 services. The Office of Public Advocacy shall charge and collect the fees established
31 under this subsection, but may waive collection of a fee upon a finding that collection
01 is not economically feasible or in the public interest.
02 * Sec. 34. AS 13.26.410(c) is amended to read:
03 (c) The public guardian may [SHALL] investigate the financial status of
04 (1) a person who requests the appointment of the public guardian as the
05 person's guardian or conservator; and
06 (2) a ward for whom a court has appointed the public guardian.
07 * Sec. 35. AS 13.26.410 is amended by adding a new subsection to read:
08 (f) The annual estimated balance in the account maintained under
09 AS 37.05.142 may be used by the legislature to make appropriations to the Department
10 of Administration to carry out the purposes of AS 44.21.400 - 44.21.410 (office of
11 public advocacy).
12 * Sec. 36. AS 14.43.120(a) is amended to read:
13 (a) Proceeds from a scholarship loan to a full-time student may only be used
14 for books, tuition and required fees, loan guarantee fees, and [FOR] room and board.
15 Proceeds from a scholarship loan to a half-time student may only be used for books,
16 [AND] tuition and required fees, and loan guarantee fees.
17 * Sec. 37. AS 14.43.120(h) is amended to read:
18 (h) Security may not be required for a loan; however, a loan guarantee fee,
19 as specified in (u) of this section, shall be charged at the time that the loan is
20 awarded. Additionally, provision shall be made for payment of all fees and costs
21 incurred in collection of the amount owed on the loan if it becomes delinquent or in
22 default.
23 * Sec. 38. AS 14.43.120 is amended by adding a new subsection to read:
24 (u) A loan guarantee fee of one percent of the total scholarship loan amount
25 shall be assessed upon a scholarship loan that is funded from the student loan fund of
26 the Alaska Student Loan Corporation. The loan guarantee fee shall be added as a
27 finance charge to the total loan amount awarded, notwithstanding the loan limits set
28 out at AS 14.43.110 and 14.43.115. The loan guarantee fees shall be deposited into
29 a guarantee fee account within the student loan fund of the Alaska Student Loan
30 Corporation, and, subject to appropriation, subsequently transferred by the commission
31 to loan accounts within the student loan fund to offset losses incurred due to student
01 loan debt cancellation as a result of death, disability, or bankruptcy of the student.
02 * Sec. 39. AS 14.43.300(a) is amended to read:
03 (a) A scholarship loan to a recipient under AS 14.43.250(b)(1) - (4) or (6) may
04 not exceed $2,500 a school year for an undergraduate student or $5,000 a school year
05 for a graduate student, exclusive of loan guarantee fees under (g) of this section, and
06 may not be made to a student for more than six years. A scholarship loan to a
07 recipient under AS 14.43.250(b)(5) may not exceed the cost of tuition and required
08 fees, loan guarantee fees under (g) of this section, books and educational supplies,
09 room and board, and transportation for two round trips between the recipient's home
10 and school each year. A loan under AS 14.43.250(b)(5) may not be made for more
11 than five years of undergraduate study, five years of graduate study, or a combined
12 maximum of eight years of study.
13 * Sec. 40. AS 14.43.300 is amended by adding a new subsection to read:
14 (g) A loan guarantee fee of one percent of the total memorial scholarship loan
15 amount shall be assessed upon a memorial scholarship loan. The loan guarantee fee
16 shall be added as a finance charge to the total loan amount awarded. The loan
17 guarantee fee shall be deposited into a guarantee fee account within the memorial
18 scholarship revolving loan fund, and, subject to appropriation, subsequently transferred
19 by the commission to the appropriate memorial scholarship accounts within the
20 memorial scholarship revolving loan fund to offset losses incurred due to loan debt
21 cancellation as a result of death, disability, or bankruptcy of the student.
22 * Sec. 41. AS 14.43.640(c) is amended to read:
23 (c) A loan may not exceed $7,500 in a school year, exclusive of loan
24 guarantee fees.
25 * Sec. 42. AS 14.43.640(d) is amended to read:
26 (d) Proceeds from a teacher scholarship loan may be used only for
27 undergraduate expenses of books, tuition, required fees, loan guarantee fees, room and
28 board, and the transportation expense for two round trips between the loan recipient's
29 home and school.
30 * Sec. 43. AS 14.43.740(a) is amended to read:
31 (a) The provisions of AS 14.43.100, 14.43.110, 14.43.115, 14.43.120(a) - (d),
01 (i), (m), and (r) - (u) [(r) - (t)], and 14.43.135 apply to a loan made under
02 AS 14.43.710 - 14.43.790.
03 * Sec. 44. AS 18.60.220 is amended to read:
04 Sec. 18.60.220. DUTIES OF THE DEPARTMENT OF LABOR. The
05 Department of Labor shall
06 (1) have all violators of AS 18.60.180 - 18.60.390 prosecuted;
07 (2) issue, suspend, or revoke for cause, inspection certificates provided
08 for in AS 18.60.390;
09 (3) take action necessary for the enforcement of the laws and
10 regulations governing the use of boilers and unfired pressure vessels;
11 (4) keep a complete record of the type, dimensions, maximum
12 allowable working pressure, age, condition, location, and date of the last recorded
13 internal inspection of boilers and unfired pressure vessels to which AS 18.60.180 -
14 18.60.390 apply;
15 (5) adopt regulations establishing reasonable fees for administering
16 special inspector examinations and for processing applications for special
17 inspector commissions; and
18 (6) do acts necessary to carry out the purposes of AS 18.60.180 -
19 18.60.390.
20 * Sec. 45. AS 18.62.020 is amended to read:
21 Sec. 18.62.020. APPLICATION FOR AND ISSUANCE OF CERTIFICATE.
22 The department shall issue certificates of fitness, including renewal [VALID FOR
23 ONE YEAR AND] certificates, for a time period determined by the department by
24 regulation [OF FITNESS VALID FOR THREE YEARS]. The certificate shall be
25 issued only to an individual. An applicant for a certificate shall apply in writing,
26 under oath, on a form prescribed by the department containing
27 (1) the name and address of the applicant;
28 (2) the applicant's age;
29 (3) the applicant's citizenship; and
30 (4) [WHETHER THE APPLICANT IS APPLYING FOR A
31 ONE-YEAR OR A THREE-YEAR CERTIFICATE; AND
01 (5)] other information relevant to licensing that the department requires.
02 * Sec. 46. AS 18.62.030 is repealed and reenacted to read:
03 Sec. 18.62.030. FEES. (a) The Department of Labor shall adopt regulations
04 establishing reasonable fees for applications, examinations, certificates, renewal
05 certificates, and duplicate certificates.
06 (b) When submitting an application for a certificate of fitness, an applicant
07 shall pay a nonrefundable application and examination fee. After passing the
08 application review and examination, an applicant shall pay a fee for the certificate of
09 fitness and, at the time of renewal, for renewal of that certificate.
10 * Sec. 47. AS 18.65.220 is amended by adding a new paragraph to read:
11 (7) charge and collect reasonable fees, established by the council by
12 regulation, for processing applications for basic certification of police, probation,
13 parole, and correctional officers under 13 AAC 85.040 and 13 AAC 85.230.
14 * Sec. 48. AS 23.15.390 is amended to read:
15 Sec. 23.15.390. FEES. The fee for filing an application for a permit is $100
16 [$10]. All fees shall be deposited in the general fund. In addition to paying this fee,
17 all persons conducting employment agencies must comply with the provisions of
18 AS 43.70 (Alaska Business License Act).
19 * Sec. 49. AS 37.05.146(4) is amended by adding a new subparagraph to read:
20 (R) receipts of the group insurance programs established under
21 AS 39.30.090.
22 * Sec. 50. AS 37.05.289(a) is amended to read:
23 (a) There is established in the general fund a state insurance catastrophe
24 reserve account consisting of assets appropriated to it by the legislature, [AND] assets
25 allocated to the account by the Department of Administration as provided in [(b) OF]
26 this section, and amounts deposited into the account as provided in this section.
27 Assets of the account may be used to obtain insurance, to establish reserves for the
28 self-insurance program, and to satisfy claims or judgments arising under the program.
29 Interest earned on money in the account shall be remitted to the Department of
30 Revenue in accordance with AS 37.10.050.
31 * Sec. 51. AS 37.05.289 is amended by adding new subsections to read:
01 (c) The $5,000,000 cap, set in (b) of this section, on money that may be
02 retained in the state insurance catastrophe reserve account applies only to unobligated
03 money in the account at the end of a fiscal year.
04 (d) Amounts received in settlement of insurance claims or as recovery for
05 losses shall be deposited into the state insurance catastrophe reserve account.
06 * Sec. 52. AS 41.21.020(a) is amended by adding a new paragraph to read:
07 (14) accept cash and other donations from public or private sources to
08 assist and support the department in carrying out the purposes of this chapter.
09 * Sec. 53. AS 41.21.026(a) is amended to read:
10 (a) Notwithstanding (b) of this section, the [THE] department may charge
11 or collect a fee in a park unit for
12 (1) rental of public use cabins or other overnight lodgings;
13 (2) [OVERNIGHT] use of a developed campsite;
14 (3) special park use permits;
15 (4) competitive and exclusive commercial use permits;
16 (5) noncompetitive and nonexclusive commercial use permits;
17 (6) use of a sewage holding tank dump station;
18 (7) admission to or guided tours of visitor centers and historic sites;
19 [AND]
20 (8) use of an improved boat ramp in a park facility developed
21 principally for boat launching;
22 (9) sale of firewood;
23 (10) sale of merchandise related to public use, enjoyment, and
24 understanding of parks, including maps, plans, and other graphic materials;
25 (11) use of a developed trailhead, access site, or picnic site that has
26 developed parking and rest rooms, and use of parking associated with a developed
27 trailhead, access site, or picnic site with developed parking; and
28 (12) presentation or attendance at programs related to natural or
29 cultural history, outdoor skills or education, or other topics concerned with public
30 use, enjoyment, or understanding of parks.
31 * Sec. 54. AS 44.46.025(a) is amended to read:
01 (a) The Department of Environmental Conservation may adopt regulations that
02 prescribe reasonable fees, and establish procedures for the collection of the fees, to
03 cover the applicable direct costs of inspections, permit preparation and
04 administration, plan review and approval, and other [THE FOLLOWING] services
05 provided by the department relating to [:]
06 (1) agriculture and animals [INSPECTIONS, PERMIT
07 ADMINISTRATION, PLAN REVIEW AND APPROVAL, AND OTHER RELATED
08 SERVICES PROVIDED] under AS 03.05; food, drugs, and cosmetics under [,]
09 AS 17.20; [,] and public accommodations and facilities under AS 18.35;
10 (2) [AIR QUALITY PERMITS UNDER AS 46.03.140 AND 46.03.160;
11 (3)] hazardous waste management [PERMITS] under AS 46.03.299
12 and 46.03.302;
13 (3) [(4) PLAN APPROVALS AND PERMITS FOR] sewerage system
14 and treatment works and wastewater disposal systems, and [PLAN APPROVALS
15 FOR] drinking water systems, under AS 46.03.720;
16 (4) [(5)] oil discharge financial responsibility [APPROVALS] under
17 AS 46.04.040;
18 (5) [(6)] oil discharge contingency plans [PLAN APPROVALS] under
19 AS 46.04.030;
20 (6) [(7)] water and wastewater operator training under AS 46.30;
21 (7) hazardous waste management facility sites under AS 46.03.313;
22 (8) control of solid waste facilities under AS 46.03.020(10) and
23 46.03.100;
24 (9) sewage and industrial waste disposal or treatment plans under
25 AS 46.03.090;
26 (10) controlling the application of pesticides and broadcast
27 chemicals under AS 46.03.320;
28 (11) maintaining health and safety at facilities subject to regulation
29 under AS 18.35.220 or AS 44.46.020;
30 (12) certification of laboratories conducting environmental analyses
31 of public drinking water systems or of oil or hazardous substances, or conducting
01 other analyses required by the department;
02 (13) certificates of inspection for motor vehicles under
03 AS 46.03.190;
04 (14) certification of federal permits or authorizations under
05 33 U.S.C. 1341, sec. 401 (Clean Water Act);
06 (15) filing information with the Alaska State Emergency Response
07 Commission established under AS 46.13.010, and with any local emergency
08 planning committees approved by the commission, as required by 42 U.S.C. 11022
09 and 11023; fees under this paragraph must be established in consultation with the
10 Alaska State Emergency Response Commission.
11 * Sec. 55. AS 44.46.025 is amended by adding a new subsection to read:
12 (c) The department may adopt regulations that prescribe reasonable fees to
13 cover the direct and indirect costs of air quality permit programs under AS 46.03.140
14 and 46.03.160, and may establish procedures for the collection of those fees.
15 * Sec. 56. AS 13.26.410(b) and AS 37.05.210(1) are repealed.
16 * Sec. 57. TEMPORARY FEES IN STATE PARKS. (a) The following fees apply for
17 the following activities in units of the state park system until the Department of Natural
18 Resources adopts a regulation under AS 41.21.026, as amended by sec. 53 of this Act, that
19 establishes a fee for that activity:
20 (1) sale of firewood: $4 per bundle;
21 (2) use of a developed trailhead, access site, or picnic site that has developed
22 parking and rest rooms, or use of parking associated with a developed trailhead, access site,
23 or picnic site with developed parking: $2 per vehicle, or $25 for an annual pass;
24 (3) admission to visitor centers or historic sites: $1 for each person over 10
25 years of age;
26 (4) presentation or attendance at programs related to natural or cultural history,
27 outdoor skills or education, or other topics concerned with public use, enjoyment, or
28 understanding of parks: $2 for each person over 10 years of age.
29 (b) The commissioner of natural resources shall notify the revisor of statutes when a
30 regulation is effective that establishes a fee for an activity described in (a) of this section.
31 * Sec. 58. IMPLEMENTATION OF BIENNIAL LICENSURE BY ALCOHOLIC
01 BEVERAGE CONTROL BOARD. (a) Approximately one-half of the applicants for renewal,
02 for 1994, of a license issued by the Alcoholic Beverage Control Board, as determined by the
03 director of the Alcoholic Beverage Control Board, shall be eligible for a one-year license.
04 These licenses expire, unless renewed, on December 31, 1994, and may be renewed biennially
05 in even-numbered years after that. The 1994 renewal fee for these licenses is one-half of the
06 biennial license fee.
07 (b) The remaining approximately one-half of the 1994 renewal applicants, as
08 determined by the director, shall be eligible for a two-year license. These licenses expire,
09 unless renewed, on December 31, 1995, and may be renewed biennially in odd-numbered
10 years after that.
11 (c) The director shall notify each licensee in writing as to whether the licensee shall
12 apply for renewal under (a) or (b) of this section, and of the actual amount of the renewal fee.
13 The notice must be given not later than December 1, 1993. However, the failure of the
14 director to provide the notice required in this subsection does not prevent a license from
15 expiring on February 28, 1994, in accordance with AS 04.11.540, if the renewal application
16 is not filed on or before that date.
17 * Sec. 59. TRANSITION. Notwithstanding secs. 62 - 64 of this Act, an agency of the
18 state that has regulation adoption authority or that is authorized by this Act to adopt
19 regulations, may proceed to adopt regulations necessary to implement that agency's respective
20 provisions in this Act. The regulations take effect under AS 44.62 (Administrative Procedure
21 Act), but not before the respective effective date of the relevant section or sections of this Act.
22 * Sec. 60. The amendments to AS 13.26.410(a) made by sec. 33 of this Act have the effect
23 of amending Alaska Rule of Probate Procedure 16(d) by providing for compensation for
24 guardian's services without an order of the court.
25 * Sec. 61. Sections 57 - 59 of this Act take effect immediately under AS 01.10.070(c).
26 * Sec. 62. Sections 33 - 35, 44 - 56, and 60 of this Act take effect July 1, 1993.
27 * Sec. 63. Sections 1 - 32 of this Act take effect December 31, 1993.
28 * Sec. 64. Sections 36 - 43 of this Act take effect July 1, 1994.