00                      CS FOR HOUSE BILL NO. 162(RLS) am                                                                  
01 "An Act relating to fees adopted by the Department of Natural Resources under                                           
02 AS 44.37.025 or 44.37.027 and to business license fees; and providing for an effective                                  
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 37.10.050(a) is amended to read:                                                                  
06            (a)  A state agency may not charge a fee for the provision of state services                                 
07       unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation                          
08       is necessary, is set by or provided for in a regulation that meets the standards of                               
09       AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency                               
10       authorized to collect or receive fees, licenses, taxes, or other money belonging to the                           
11       state shall account for and remit the receipts, less fees to which the collector is entitled                      
12       by statute or regulation, to the Department of Revenue at least once each month.  The                             
13       commissioner of administration shall separately account under AS 37.05.142 for                                    
14       receipts deposited under this subsection.  A fee or other charge that is set by regulation                        
01       may not exceed the estimated actual costs of the state agency in administering the                                
02       activity or providing the service unless otherwise provided by the statute under which                          
03       the regulation is adopted; however, this limitation does not apply to sale or lease of                            
04       property by a state agency, [OR] fees charged by a resource agency for a designated                           
05       regulatory service as defined in AS 37.10.058, or fees adopted by the Department of                           
06       Natural Resources under AS 44.37.025 or 44.37.027.                                                            
07    * Sec. 2.  AS 43.70.030(a) is amended to read:                                                                     
08            (a)  The [LICENSE] fee for each business license is $100 [$25] per year,                         
09       except that the fee is $50 if                                                                                 
10                  (1)  the business is a sole proprietorship; and                                                    
11                  (2) the sole proprietor is 65 years of age or older when the sole                                  
12       proprietor applies for the license or will reach 65 years of age at any time during                           
13       the year for which the license is issued.                                                                     
14    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
15 read:                                                                                                                   
16       TRANSITION:  REGULATIONS.  The Department of Natural Resources may                                                
17 proceed to adopt regulations to implement the changes made by sec. 1 of this Act.  Those                                
18 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                               
19 effective date of sec. 1 of this Act.                                                                                   
20    * Sec. 4.  Section 3 of this Act takes effect immediately under AS 01.10.070(c).                                   
21    * Sec. 5.  Except as provided in sec. 4 of this Act, this Act takes effect July 1, 2003.