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HB 65: "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date."

00HOUSE BILL NO. 65 01 "An Act relating to the improvement of state finances through reduction of 02 operating costs of certain state agencies and establishment of certain fees; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.090(b) is amended to read: 06 (b) The biennial [ANNUAL] beverage dispensary license fee is $2,500 07 [$1,250]. 08 * Sec. 2. AS 04.11.100(d) is amended to read: 09 (d) The biennial [ANNUAL] fee for a restaurant or eating place license is 10 $600 [$300]. 11 * Sec. 3. AS 04.11.100(e) is amended to read: 12 (e) A license may be renewed under this section only if the licensee provides 13 evidence to the board's satisfaction that gross receipts from the sale of food upon the 14 licensed premises constitute no less than 50 percent of the gross receipts of the

01 licensed premises for each of the two preceding calendar years [LICENSE YEAR]. 02 * Sec. 4. AS 04.11.110(c) is amended to read: 03 (c) The biennial [ANNUAL] club license fee is $1,200 [$600]. 04 * Sec. 5. AS 04.11.120(c) is amended to read: 05 (c) The biennial [ANNUAL] bottling works license fee is $500 [$250]. 06 * Sec. 6. AS 04.11.130(d) is amended to read: 07 (d) The biennial [ANNUAL] brewery license fee is $1,000 [$500]. 08 * Sec. 7. AS 04.11.135(c) is amended to read: 09 (c) The biennial [ANNUAL] brewpub license fee is $500 [$250]. 10 * Sec. 8. AS 04.11.140(d) is amended to read: 11 (d) The biennial [ANNUAL] winery license fee is $500 [$250]. 12 * Sec. 9. AS 04.11.150(b) is amended to read: 13 (b) The biennial [ANNUAL] package store license fee is $1,500 [$750]. 14 * Sec. 10. AS 04.11.160(a) is amended to read: 15 (a) A general wholesale license authorizes the holder to sell alcoholic 16 beverages in the original package, and wine in bulk, in quantities of not less than five 17 gallons. A holder of a general wholesale license may not sell to a person not licensed 18 under this title, except as provided in AS 04.21.040. A holder of a general wholesale 19 license may not sell alcoholic beverages unless any stamps required to be affixed to 20 the package by state or federal law are intact on the package. A wholesaler must 21 obtain a general wholesale license for each distributing point. The biennial 22 [ANNUAL] general wholesale license fee is $2,000 [$1,000 FOR THE FIRST 23 $100,000 OF BUSINESS TRANSACTED], payable at the time of making an original 24 application or an application for renewal. In addition, the following annual fees shall 25 be paid by a holder of a general wholesale license: 26 Total Business Transacted During Calendar Year Annual Fee 27 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . . . $ 500 28 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . . $ 1,000 29 over $200,000 and not over $250,000. . . . . . . . . . . . . . . . . . $ 1,500 30 over $250,000 and not over $300,000. . . . . . . . . . . . . . . . . . $ 2,000 31 over $300,000 and not over $350,000. . . . . . . . . . . . . . . . . . $ 2,500

01 over $350,000 and not over $400,000. . . . . . . . . . . . . . . . . . $ 3,000 02 over $400,000 and not over $500,000. . . . . . . . . . . . . . . . . . $ 4,000 03 over $500,000 and not over $600,000. . . . . . . . . . . . . . . . . . $ 5,000 04 over $600,000 and not over $700,000. . . . . . . . . . . . . . . . . . $ 6,000 05 over $700,000 and not over $800,000. . . . . . . . . . . . . . . . . . $ 7,000 06 over $800,000 and not over $1,000,000. . . . . . . . . . . . . . . . . $ 9,000 07 over $1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000 08 * Sec. 11. AS 04.11.160(b) is amended to read: 09 (b) A wholesale malt beverage and wine license authorizes the holder to sell 10 malt beverages and wine in the original packages in quantities of not less than five 11 gallons. The holder of a wholesale malt beverage and wine license may not sell to a 12 person not licensed under this title except as provided in AS 04.21.040. The biennial 13 [ANNUAL] wholesale malt beverage and wine license fee is $400 [$200 FOR THE 14 FIRST $20,000 OF BUSINESS TRANSACTED DURING A YEAR], payable at the 15 time of making an original application or application for renewal. In addition, the 16 following annual fees shall be paid by a holder of a wholesale malt beverage and wine 17 license: 18 Total Business Transacted During Calendar Year Annual Fee 19 over $20,000 and not over $50,000. . . . . . . . . . . . . . . . . . . $ 300 20 over $50,000 and not over $100,000 . . . . . . . . . . . . . . . . . . $ 1,000 21 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . . $ 1,500 22 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . . $ 2,000 23 over $200,000 and not over $400,000. . . . . . . . . . . . . . . . . . $ 4,000 24 over $400,000 and not over $600,000. . . . . . . . . . . . . . . . . . $ 6,000 25 over $600,000 and not over $800,000. . . . . . . . . . . . . . . . . . $ 8,000 26 over $800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 27 * Sec. 12. AS 04.11.160(c) is amended to read: 28 (c) No later than February 28 of each year [FOLLOWING THE YEAR FOR 29 WHICH A LICENSE HAS BEEN ISSUED UNDER THIS SECTION], the licensee 30 shall file with the board an affidavit showing the total business transacted during the 31 preceding calendar year under the license and the location of the licensed premises

01 at which the business was transacted. At the time of filing the affidavit, the licensee 02 shall pay the additional annual [LICENSE] fees accrued under (a) and (b) of this 03 section during the preceding calendar year. 04 * Sec. 13. AS 04.11.170(c) is amended to read: 05 (c) The biennial [ANNUAL] distillery license fee is $1,000 [$500]. 06 * Sec. 14. AS 04.11.180(b) is amended to read: 07 (b) The biennial [ANNUAL] fee for a common carrier dispensary license is 08 $700 [$350] for each vehicle, boat, aircraft, or railroad buffet car in which alcoholic 09 beverages are served. 10 * Sec. 15. AS 04.11.210(b) is amended to read: 11 (b) The biennial [ANNUAL] fee for a recreational site license is $800 [$400]. 12 * Sec. 16. AS 04.11.220(d) is amended to read: 13 (d) The biennial [ANNUAL] fee for a pub license is $800 [$400]. 14 * Sec. 17. AS 04.11.250(a) is amended to read: 15 (a) A conditional contractor's permit authorizes the holder to sell beer or wine 16 for consumption only on designated premises for two years [ONE YEAR] from the 17 date of issuance of the permit at construction sites that are located outside a city and 18 inside the boundaries of a military or naval reservation. 19 * Sec. 18. AS 04.11.250(b) is amended to read: 20 (b) An applicant for a conditional contractor's permit must obtain and file with 21 the board written permission from the commanding officer of the military or naval 22 reservation and the prime contractor of the remotely situated project for the conduct 23 of the activities authorized by the permit. A conditional contractor's permit may be 24 renewed biennially [ANNUALLY] upon reapplication for a permit and may be 25 revoked or suspended at the discretion of the commanding officer or the prime 26 contractor. 27 * Sec. 19. AS 04.11.250(d) is amended to read: 28 (d) The biennial [ANNUAL] conditional contractor's permit fee is $1,200 29 [$600]. 30 * Sec. 20. AS 04.11.270(a) is amended to read: 31 (a) An application for renewal of a license or renewal of a conditional

01 contractor's permit must include[:] 02 (1) the information required for a new license or permit under 03 AS 04.11.260 except that proof of notice under AS 04.11.310 is not required; and 04 (2) a list of all convictions of the applicant of violations of this title, 05 a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, that 06 occurred in the preceding two calendar years [YEAR]. 07 * Sec. 21. AS 04.11.270(b) is repealed and reenacted to read: 08 (b) A license must be renewed as follows: 09 (1) on or before November 1 of each year, the director shall mail a 10 renewal application to each licensee whose license, unless renewed, will expire on 11 December 31 of that year; the application shall be mailed to the licensee at the 12 licensed premises or at a mailing address furnished by the licensee; 13 (2) the licensee shall submit the completed renewal application and the 14 biennial license fee to the director on or before December 31; 15 (3) a renewal application filed after December 31 is delinquent and 16 must be accompanied by a $200 penalty fee; 17 (4) if December 31 falls on a weekend or a state holiday, the deadline 18 is extended to the first business day following December 31. 19 * Sec. 22. AS 04.11.330(a) is amended to read: 20 (a) An application requesting renewal of a license shall be denied if 21 (1) the board finds, after review of all relevant information, that 22 renewal of the license would not be in the best interests of the public; 23 (2) the license has been revoked for any cause; 24 (3) the applicant has not operated the licensed premises for at least 30 25 eight-hour days during each of the two preceding calendar years [THE 26 IMMEDIATELY PRECEDING CALENDAR YEAR], unless the board determines that 27 the licensed premises are under construction or cannot be operated through no fault of 28 the applicant; 29 (4) the board finds that issuance of an existing license under 30 AS 04.11.400(g) has not encouraged tourist trade; 31 (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning,

01 ownership of the license, and financing of the licensee have not been met; 02 (6) renewal of the license would violate the restrictions pertaining to 03 the particular license under this title; 04 (7) renewal of the license is prohibited under this title as a result of an 05 election conducted in accordance with AS 04.11.502; 06 (8) the application has not been completed in accordance with 07 AS 04.11.270; 08 (9) the license was issued under AS 04.11.400(j), and the board finds 09 that the public convenience does not require renewal. 10 * Sec. 23. AS 04.11.330(d) is amended to read: 11 (d) Notwithstanding (a) (3) of this section, a recreational site license issued 12 under AS 04.11.210 may be renewed if the license was exercised at least once during 13 each of the two [THE IMMEDIATELY] preceding calendar years [YEAR]. 14 * Sec. 24. AS 04.11.490(b) is amended to read: 15 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 16 section, the board shall be notified immediately after certification of the results of the 17 election and thereafter the board may not issue, renew, or transfer between holders or 18 locations a license for licensed premises located within the boundaries of the [A] 19 municipality and in unincorporated areas within five miles of the boundaries of the 20 municipality or within the perimeter of the [AN] established village. Licenses that 21 may not be renewed because of a local option election held under this section are void 22 90 days after the results of the election are certified. A license that will expire during 23 the 90 days after the results of a local option election under this section are certified 24 may be extended, until it is void under this subsection, by payment of a prorated 25 portion of the biennial [ANNUAL] license fee. 26 * Sec. 25. AS 04.11.492(b) is amended to read: 27 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 28 section, the board shall be notified immediately after certification of the results of the 29 election and thereafter may not issue, renew, or transfer between holders or locations 30 a license for licensed premises located within the boundaries of the [A] municipality 31 and in unincorporated areas within five miles of the boundaries of the municipality,

01 with the exception of a beverage dispensary or package store operated under a 02 community liquor license held by the municipality. Licenses in effect are void 90 days 03 after the results of the election are certified. A license that will expire during the 90 04 days after the results of a local option election under this section are certified may be 05 extended, until it is void under this subsection, by payment of a prorated portion of the 06 biennial [ANNUAL] license fee. 07 * Sec. 26. AS 04.11.496(b) is amended to read: 08 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 09 section, a person, beginning on the first day of the month following certification of the 10 results of the election, may not knowingly send, transport, or bring an alcoholic 11 beverage into the municipality or established village, unless the alcoholic beverage is 12 sacramental wine to be used for bona fide religious purposes based on tenets or 13 teachings of a church or religious body, is limited in quantity to the amount necessary 14 for religious purposes, and is dispensed only for religious purposes by a person 15 authorized by the church or religious body to dispense the sacramental wine. The 16 board shall be notified immediately after certification of the results of the election and 17 thereafter may not issue, renew, or transfer between holders or locations a license for 18 licensed premises located within the boundaries of the municipality and within 19 unincorporated areas within five miles of the boundaries of the municipality or within 20 the perimeter of the established village. Licenses that may not be renewed because of 21 a local option election held under this section are void 90 days after the results of the 22 election are certified. A license that will expire during the 90 days after the results of 23 a local option election under this section are certified may be extended, until it is void 24 under this subsection, by payment of a prorated portion of the biennial [ANNUAL] 25 license fee. 26 * Sec. 27. AS 04.11.498(c) is amended to read: 27 (c) If a majority of the voters of an established village vote "yes" on the 28 question set out in (a) of this section and the sale of alcoholic beverages, or the sale 29 and importation of alcoholic beverages, has not been previously prohibited in the 30 established village in accordance with AS 04.11.490 or 04.11.496, a person, beginning 31 90 days after certification of the results of the election, may not knowingly possess an

01 alcoholic beverage in the established village, unless the person is licensed by the board 02 or the alcoholic beverage is wine to be used for bona fide religious purposes based on 03 tenets or teachings of a church or religious body, is limited in quantity to the amount 04 necessary for religious purposes, and is dispensed only for religious purposes by a 05 person recognized by the church or religious body as authorized to dispense the wine. 06 The board shall be notified immediately after certification of the results of the election 07 and thereafter may not issue, renew, or transfer between holders or locations a license 08 for licensed premises located within the perimeter of the established village as defined 09 in AS 04.21.080(b). Licenses that may not be renewed because of a local option 10 election held under this section are void 90 days after the results of the election are 11 certified. A license that will expire during the 90 days after the results of a local 12 option election under this section are certified may be extended until it is void under 13 this subsection [THE SECTION], by payment of a prorated portion of the biennial 14 [ANNUAL] license fee. 15 * Sec. 28. AS 04.11.498(e) is amended to read: 16 (e) If a majority of the voters of a municipality vote "yes" on the question set 17 out in (a) of this section and the sale of alcoholic beverages, or the sale and 18 importation of alcoholic beverages, has not been previously prohibited in the 19 municipality in accordance with AS 04.11.490 or 04.11.496, an ordinance is adopted 20 that becomes effective beginning 90 days after certification of the results of the 21 election, and a person may not knowingly possess an alcoholic beverage in the 22 municipality, unless the alcoholic beverage is wine to be used for bona fide religious 23 purposes based on tenets or teachings of a church or religious body, is limited in 24 quantity to the amount necessary for religious purposes, and is dispensed only for 25 religious purposes by a person recognized by the church or religious body as 26 authorized to dispense the wine. The board shall be notified immediately after the 27 adoption of the ordinance and thereafter may not issue, renew, or transfer between 28 holders or locations a license for licensed premises located within the boundaries of 29 the municipality and within unincorporated areas within five miles of the boundaries 30 of the municipality. Licenses that may not be renewed because of a local option 31 election held under this section are void 90 days after the results of the election are

01 certified. A license that will expire during the 90 days after the results of a local 02 option election under this section are certified may be extended, until it is void under 03 this subsection [SECTION], by payment of a prorated portion of the biennial 04 [ANNUAL] fee. 05 * Sec. 29. AS 04.11.500(b) is amended to read: 06 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 07 section, the board shall be notified immediately after certification of the results of the 08 election and thereafter may not issue, renew, or transfer between holders or locations 09 a license for licensed premises located within the boundaries of the municipality and 10 in unincorporated areas within five miles of the boundaries of the municipality or 11 within the perimeter of the established village, except those types of licenses listed on 12 the ballot. Licenses in effect within the boundaries of the municipality or perimeter of 13 the established village, and in an unincorporated area outside of but within five miles 14 of the boundaries of the municipality, except those types of licenses listed on the 15 ballot, are void 90 days after the results of the election are certified. A license that 16 will expire during the 90 days after the results of a local option election under this 17 section are certified may be extended, until it is void under this subsection, by payment 18 of a prorated portion of the biennial [ANNUAL] license fee. 19 * Sec. 30. AS 04.11.500(c) is amended to read: 20 (c) If the majority of the voters vote "no" on the question set out in (a) of this 21 section or vote "yes" on the questions set out in AS 04.11.490, 04.11.492, 04.11.496, 22 or this section if different types of licenses are listed on the ballot in an election 23 conducted in accordance with AS 04.11.502 after an election in which the voters voted 24 "yes" on the question set out in (a) of this section, the board shall be notified 25 immediately after certification of the results of the election. Licenses in effect in the 26 municipality, in the unincorporated area outside of but within five miles of the 27 boundaries of the municipality or established village that were excepted from the 28 prohibition on sale in accordance with the results of the earlier election are void 90 29 days after the results of the election are certified. Thereafter the board may not issue, 30 renew, or transfer between holders or locations a license for licensed premises located 31 within the boundaries of the municipality or within the perimeter of an established

01 village, or in an unincorporated area within five miles of the boundaries of the 02 municipality, except a license that may be issued to a municipality or to one of the 03 types of licenses listed on the ballot as a result of a majority of the voters voting "yes" 04 on the question set out in AS 04.11.492 or this section, respectively. A license that 05 will expire during the 90 days after the results of a local option election under this 06 section are certified may be extended, until it is void under this subsection, by payment 07 of a prorated portion of the biennial [ANNUAL] license fee. 08 * Sec. 31. AS 04.11.610(a) is amended to read: 09 (a) Biennial [ANNUAL] license fees, excluding annual wholesale fees and 10 biennial wholesale license fees, collected within a municipality shall be refunded 11 semi-annually to the municipality. 12 * Sec. 32. AS 04.11.680(a) is amended to read: 13 (a) Upon application and payment of one-half of the biennial [ANNUAL] fee, 14 the board may issue a license under this title that will be effective for two separate 15 [A CONTINUOUS] six-month periods of continuous duration [PERIOD]. 16 Otherwise, all licenses issued under this title other than a retail stock sale license are 17 effective for the two calendar years [YEAR] ending December 31, unless a shorter 18 period is prescribed by the board or by law. 19 * Sec. 33. AS 13.26.410(a) is repealed and reenacted to read: 20 (a) The commissioner of administration may establish by regulation a schedule 21 of reasonable fees for the costs of the public guardian's services. The fee schedule 22 established may be based upon the ability of the ward or protected person to pay for 23 guardian services but may not exceed the actual cost of providing public guardian 24 services. The Office of Public Advocacy shall charge and collect the fees established 25 under this subsection, but may waive collection of a fee upon a finding that collection 26 is not economically feasible or in the public interest. 27 * Sec. 34. AS 13.26.410(c) is amended to read: 28 (c) The public guardian may [SHALL] investigate the financial status of (1) 29 a person who requests the appointment of the public guardian as the person's guardian 30 or conservator; and (2) a ward for whom a court has appointed the public guardian. 31 * Sec. 35. AS 13.26.410 is amended by adding a new subsection to read:

01 (f) The commissioner of administration shall separately account for any fees 02 collected under this section and deposited in the general fund. The annual estimated 03 balance in the fund may be used by the legislature to make appropriations to the 04 Department of Administration to carry out the purposes of AS 44.21.400 - 44.21.410. 05 * Sec. 36. AS 14.43.120(a) is amended to read: 06 (a) Proceeds from a scholarship loan to a full-time student may only be used 07 for books, tuition and required fees, loan guarantee fees, and [FOR] room and board. 08 Proceeds from a scholarship loan to a half-time student may only be used for books, 09 [AND] tuition and required fees, and loan guarantee fees. 10 * Sec. 37. AS 14.43.120(h) is amended to read: 11 (h) Security may not be required for a loan; however, a loan guarantee fee, 12 as specified in (u) of this section, shall be charged at the time that the loan is 13 awarded. Additionally, provision shall be made for payment of all fees and costs 14 incurred in collection of the amount owed on the loan if it becomes delinquent or in 15 default. 16 * Sec. 38. AS 14.43.120 is amended by adding a new subsection to read: 17 (u) A loan guarantee fee of one percent of the total scholarship loan amount 18 shall be assessed upon a scholarship loan that is funded from the student loan fund of 19 the Alaska Student Loan Corporation (AS 14.42.210). The loan guarantee fee shall 20 be added as a finance charge to the total loan amount awarded, notwithstanding the 21 loan limits set out at AS 14.43.110 and 14.43.115. The loan guarantee fees shall be 22 deposited into a guarantee fee account within the student loan fund of the Alaska 23 Student Loan Corporation (AS 14.42.210), and subsequently transferred by the 24 commission to loan accounts within the student loan fund to offset losses incurred due 25 to student loan debt cancellation as a result of death, disability, or bankruptcy of the 26 student. 27 * Sec. 39. AS 14.43.300(a) is amended to read: 28 (a) A scholarship loan to a recipient under AS 14.43.250(b)(1) - (4) or (6) may 29 not exceed $2,500 a school year for an undergraduate student or $5,000 a school year 30 for a graduate student, exclusive of loan guarantee fees under (g) of this section, and 31 may not be made to a student for more than six years. A scholarship loan to a

01 recipient under AS 14.43.250(b)(5) may not exceed the cost of tuition and required 02 fees, loan guarantee fees under (g) of this section, books and educational supplies, 03 room and board, and transportation for two round trips between the recipient's home 04 and school each year. A loan under AS 14.43.250(b)(5) may not be made for more 05 than five years of undergraduate study, five years of graduate study, or a combined 06 maximum of eight years of study. 07 * Sec. 40. AS 14.43.300 is amended by adding a new subsection to read: 08 (g) A loan guarantee fee of one percent of the total memorial scholarship loan 09 amount shall be assessed upon a memorial scholarship loan. The loan guarantee fee 10 shall be added as a finance charge to the total loan amount awarded. The loan 11 guarantee fee shall be deposited into a guarantee fee account within the memorial 12 scholarship revolving loan fund, and subsequently transferred by the commission to the 13 appropriate memorial scholarship accounts within the memorial scholarship revolving 14 loan fund to offset losses incurred due to loan debt cancellation as a result of death, 15 disability, or bankruptcy of the student. 16 * Sec. 41. AS 14.43.640(c) is amended to read: 17 (c) A loan may not exceed $7,500 in a school year, exclusive of loan 18 guarantee fees. 19 * Sec. 42. AS 14.43.640(d) is amended to read: 20 (d) Proceeds from a teacher scholarship loan may be used only for 21 undergraduate expenses of books, tuition, required fees, loan guarantee fees, room and 22 board, and the transportation expense for two round trips between the loan recipient's 23 home and school. 24 * Sec. 43. AS 14.43.740(a) is amended to read: 25 (a) The provisions of AS 14.43.100, 14.43.110, 14.43.115, 14.43.120(a) - (d), 26 (i), (m), [AND] (r) - (u) [T], and 14.43.135 apply to a loan made under 27 AS 14.43.710 - 14.43.790. 28 * Sec. 44. AS 18.60.220 is amended to read: 29 Sec. 18.60.220. DUTIES OF THE DEPARTMENT OF LABOR. The 30 Department of Labor shall 31 (1) have all violators of AS 18.60.180 - 18.60.390 prosecuted;

01 (2) issue, suspend, or revoke for cause, inspection certificates provided 02 for in AS 18.60.390; 03 (3) take action necessary for the enforcement of the laws and 04 regulations governing the use of boilers and unfired pressure vessels; 05 (4) keep a complete record of the type, dimensions, maximum 06 allowable working pressure, age, condition, location, and date of the last recorded 07 internal inspection of boilers and unfired pressure vessels to which AS 18.60.180 - 08 18.60.390 apply; 09 (5) adopt regulations establishing reasonable fees for administering 10 special inspector examinations and for processing applications for special 11 inspector commissions; and 12 (6) do acts necessary to carry out the purposes of AS 18.60.180 - 13 18.60.390. 14 * Sec. 45. AS 18.62.020 is amended to read: 15 Sec 18.62.020. APPLICATION FOR AND ISSUANCE OF CERTIFICATE. 16 The department shall issue certificates of fitness, including renewal certificates, for 17 a time period determined by the department by regulation [VALID FOR ONE 18 YEAR AND CERTIFICATES OF FITNESS VALID FOR THREE YEARS]. The 19 certificate shall be issued only to an individual. An applicant for a certificate shall 20 apply in writing, under oath, on a form prescribed by the department containing 21 (1) the name and address of the applicant; 22 (2) the applicant's age; 23 (3) the applicant's citizenship; and 24 (4) [WHETHER THE APPLICANT IS APPLYING FOR A ONE-YEAR OR A THREE-YEAR CERTIFICATE; 25 AND] 26 (5) other information relevant to licensing that the department requires. 27 * Sec. 46. AS 18.62.030 is repealed and reenacted to read: 28 Sec. 18.62.030. FEES. (a) The department shall adopt regulations establishing 29 reasonable fees for applications, examinations, certificates, renewal certificates, and 30 duplicate certificates. 31 (b) When submitting an application for a certificate of fitness, an applicant

01 shall pay a nonrefundable application and examination fee. After passing the 02 application review and examination, an applicant shall pay a fee for the certificate of 03 fitness and, at the time of renewal, for renewal of that certificate. 04 * Sec. 47. AS 18.65.220 is amended by adding a new paragraph to read: 05 (7) charge and collect reasonable fees, established by the council by 06 regulation, for processing applications for certification of police, probation, parole, and 07 correctional officers, except that no fees may be charged for an application from a 08 person employed by the state in a position that requires certification issued by the 09 council. 10 * Sec. 48. AS 23.15.390 is amended to read: 11 Sec. 23.15.390. FEES. The fee for filing an application for a permit is $100 12 [$10]. All fees shall be deposited in the general fund. In addition to paying this fee, 13 all persons conducting employment agencies must comply with the provisions of 14 AS 43.70 (Alaska Business License Act). 15 * Sec. 49. AS 25.24.310 is amended to read: 16 Sec. 25.24.310. REPRESENTATION OF MINOR. (a) In an action involving 17 a question of the custody, support, or visitation of a child, the court may, upon the 18 motion of a party to the action or upon its own motion, appoint an attorney [OR THE 19 OFFICE OF PUBLIC ADVOCACY] to represent a minor with respect to the custody, 20 support, and visitation of the minor or in any other legal proceeding involving the 21 minor's welfare or to represent an unmarried 18-year-old child with respect to post-majority support while the child 22 is actively pursuing a high school diploma or an 23 equivalent level of technical or vocational training and living as a dependent with a 24 parent or guardian or a designee of the parent or guardian. When custody, support, 25 or visitation is at issue in a divorce, it is the responsibility of the parties or their 26 counsel to notify the court that such a matter is at issue. Upon notification, the court 27 shall determine whether the minor or other child should have legal representation or 28 other services and shall make a finding on the record before trial. [IF THE PARTIES 29 ARE INDIGENT OR TEMPORARILY WITHOUT FUNDS, THE COURT SHALL 30 APPOINT THE OFFICE OF PUBLIC ADVOCACY. THE COURT SHALL NOTIFY 31 THE OFFICE OF PUBLIC ADVOCACY IF THE OFFICE IS REQUIRED TO

01 PROVIDE LEGAL REPRESENTATION OR OTHER SERVICES.] The court shall 02 enter an order for costs, fees, and disbursements in favor of the state and may further 03 order that other services be provided for the protection of the minor or other child. 04 (b) If custody, support, or visitation is at issue, the order for costs, fees, and 05 disbursements shall be made against either or both parents, except that, if one of the 06 parties responsible for the costs is indigent, the costs, fees, and disbursements for that 07 party shall be borne by the state. [IF THE PARENTS ARE ONLY TEMPORARILY 08 WITHOUT FUNDS, THE OFFICE OF PUBLIC ADVOCACY SHALL PROVIDE 09 LEGAL REPRESENTATION OR OTHER SERVICES REQUIRED BY THE 10 COURT.] The attorney general is responsible for enforcing collections owed the state. 11 Repayment shall be made to the Department of Revenue under AS 37.10.050 for 12 deposit in the general fund. The court shall, if possible, avoid assigning costs to only 13 one party by ordering that costs of the minor's legal representation or other services 14 be paid from proceeds derived from a sale of property belonging jointly or individually 15 to both parties, before a division of property is made. 16 (c) Instead of, or in addition to, appointment of an attorney under (a) of this 17 section, the court may, upon the motion of either party or upon its own motion, 18 appoint an attorney or other person [OR THE OFFICE OF PUBLIC ADVOCACY] to 19 provide guardian ad litem services to a child in any legal proceedings involving the 20 child's welfare. The court shall require a guardian ad litem when, in the opinion of 21 the court, representation of the child's best interests, to be distinguished from 22 preferences, would serve the welfare of the child. The court in its order appointing a 23 guardian ad litem shall limit the duration of the appointment of the guardian ad litem 24 to the pendency of the legal proceedings affecting the child's interests, and shall 25 outline the guardian ad litem's responsibilities and limit the authority to those matters 26 related to the guardian's effective representation of the child's best interests in the 27 pending legal proceeding. The court shall make every reasonable effort to appoint a 28 guardian ad litem from among persons in the community where the child's parents or 29 the person having legal custody or guardianship of the child's person reside. When 30 custody, support, or visitation is at issue in a divorce, it is the responsibility of the 31 parties or their counsel to notify the court that such a matter is at issue. Upon

01 notification, the court shall determine if a child's best interests need representation or 02 if a minor or other child needs other services and shall make a finding on the record 03 before trial. [IF ONE OR BOTH OF THE PARTIES IS INDIGENT OR 04 TEMPORARILY WITHOUT FUNDS THE COURT SHALL APPOINT THE OFFICE 05 OF PUBLIC ADVOCACY. THE COURT SHALL NOTIFY THE OFFICE OF 06 PUBLIC ADVOCACY IF THE OFFICE IS REQUIRED TO PROVIDE GUARDIAN 07 AD LITEM SERVICES.] The court shall enter an order for costs, fees, and 08 disbursements in favor of the state and may further order that other services be 09 provided for the protection of a minor or other child. 10 * Sec. 50. AS 28.10.071(a) is amended to read: 11 Sec. 28.10.071. REGISTRATION RECORDS AND STATISTICS; STOLEN 12 VEHICLES. (a) The department shall review each application for registration 13 received and, when satisfied that it is correct, register the vehicle and keep a record 14 of the registration in suitable books, index cards, or electronic or photographic 15 recording and storage media, or in any combination of them. [THE RECORD IS 16 REFERRED TO AS THE "VEHICLE REGISTER" AND THE VEHICLES AS 17 "REGISTERED VEHICLES."] The department may compile a record of the number 18 and types of vehicles registered in this state and may make statistical data available 19 to the public for a fee as prescribed in regulations adopted by the commissioner. The 20 department may also provide vehicle registration lists to the public for a fee, but 21 only as an electronic service or product under AS 09.25.115. The commissioner 22 may prescribe, in regulation, fees relating to the provision of vehicle registration 23 lists. 24 * Sec. 51. AS 28.10.181(c) is amended to read: 25 (c) Special request plates. Upon application by the owner of a passenger 26 vehicle, motorcycle, noncommercial van or pick-up truck, or motor home, the 27 department shall design and issue registration plates containing a series of not more 28 than six letters or numbers or combination of letters and numbers as requested by the 29 owner. The department may, in its discretion, disapprove the issuance of registration 30 plates under this subsection when the requested symbols are a duplication of an 31 existing registration or when the symbols are considered unacceptable by the

01 department. The department may also design and issue special registration plates 02 depicting Alaska plant life, fish, wildlife, geography, history, or other depictions 03 of Alaska. 04 * Sec. 52. AS 28.10.181(d) is repealed and reenacted to read: 05 (d) Vehicles owned by disabled veterans, including persons disabled in the line 06 of duty while serving in the Alaska Territorial Guard, or other persons with disabilities. 07 Upon the request of a person with a disability that limits or impairs the ability to walk, 08 as defined in 23 C.F.R. 1235.2, the department shall 09 (1) register one passenger vehicle in the name of the person without 10 charge; and 11 (2) issue a specially designed registration plate that displays 12 (A) recognition of the disabled veteran if the applicant's 13 disability originated from the applicant's service with the Alaska Territorial 14 Guard or the armed forces of the United States; or 15 (B) the standard symbol of disability (the wheelchair logo). 16 * Sec. 53. AS 28.10.181(j) is amended to read: 17 (j) Vehicles owned by dealers. A state-registered and bonded vehicle dealer 18 may apply for dealer registration plates. Plates [A PLATE] issued under this 19 subsection may be used only on dealer-owned vehicles during the routine and normal 20 course of the dealer's business, excluding service vehicles, or for transporting an 21 unregistered vehicle from a port of entry to the dealer's facilities or from one dealer 22 to another or, in the case of a house trailer, from the retail facility to a trailer space. 23 Vehicles permitted to have dealer plates must be affixed with two plates issued 24 under this subsection. If the dealer sells or transfers the vehicle, the dealer plates 25 may be used on the vehicle by the new owner or transferee for a period of not more 26 than five days after the sale or transfer. The department may seize the dealer plates 27 if it has reason to believe that the plates are being used to defeat the purposes of, or 28 are in violation of, this chapter. 29 * Sec. 54. AS 28.10.201(b) is amended to read: 30 (b) The owner of a vehicle described in AS 28.10.011 as being exempt from 31 registration and the owner of a snowmobile or off-highway vehicle may not apply for,

01 nor may the department issue, a certificate of title for such a vehicle. However, the 02 department may issue a certificate of title to the owner of a vehicle exempt from 03 registration under AS 28.10.011(3), (6), (7), or (11)[, OR (12)] only upon application 04 by that owner. 05 * Sec. 55. AS 28.10.411(f) is amended to read: 06 (f) A resident 65 years of age or older on January 1 of the year the vehicle is 07 registered is entitled to an exemption once each calendar year from the registration 08 fee required under this section for one motor vehicle subject to registration under 09 AS 28.10.421(b)(1), (2), (5), or (6). An exemption may not be granted except upon 10 written application for the exemption on a form prescribed by the department. 11 * Sec. 56. AS 28.10.421(a) is amended to read: 12 (a) Unless otherwise provided by law, 13 (1) the fees prescribed in this section shall be paid to the department 14 at the times provided under AS 28.10.108 and 28.10.111; and 15 (2) an additional fee of $10 shall be added to the registration fee 16 set out in this section for registration not conducted by mail; the department may 17 waive this additional fee for a good cause based on criteria established in 18 regulations adopted by the department. 19 * Sec. 57. AS 28.10.421(c) is amended to read: 20 (c) The annual registration fees under this subsection are imposed and are 21 based upon the actual unladen weight as established by the manufacturer's advertised 22 weight or upon the actual weight which the owner shall furnish, subject to the approval 23 of the commissioner or the commissioner's representative, for a vehicle, including a 24 motor vehicle pulling a trailer or semi-trailer, that is registered in the name of a 25 company or business, or is used or maintained for the transportation of passengers 26 for hire, excepting taxicabs and buses under (b) of this section, or for the transportation 27 of property for hire or for other commercial purposes [USE], including [A 28 COMMERCIAL VEHICLE SUCH AS] a trailer, semi-trailer, truck, wrecker, tow car, 29 hearse, ambulance, and tractor, as follows: 30 (1) up to and including 5,000 pounds. . . . . . . . . . . . . . . . . .$51; 31 (2) more than 5,000 pounds to and including 12,000 pounds . . . . . . .$86;

01 (3) more than 12,000 pounds to and including 18,000 pounds. . . . . . $156; 02 (4) more than 18,000 pounds . . . . . . . . . . . . . . . . . . . . . $221. 03 * Sec. 58. AS 28.40.100(a)(21) is amended to read: 04 (21) "vehicle" means a device in, upon, or by which a person or 05 property may be transported or drawn upon or immediately over a highway or 06 vehicular way or area; "vehicle" does not include 07 (A) [EXCEPT] devices used exclusively upon stationary rails or 08 tracks; 09 (B) mobile homes; 10 * Sec. 59. AS 37.05.146(4) is amended by adding a new subparagraph to read: 11 (R) receipts of the group insurance programs established under 12 AS 39.30.090. 13 * Sec. 60. AS 37.05.289(a) is amended to read: 14 (a) There is established in the general fund a state insurance catastrophe 15 reserve account consisting of assets appropriated to it by the legislature, [AND] assets 16 allocated to the account by the Department of Administration as provided in [(b) OF] 17 this section, and amounts deposited into the account as provided in this section. 18 Assets of the account may be used to obtain insurance, to establish reserves for the 19 self-insurance program, and to satisfy claims or judgments arising under the program. 20 Interest earned on money in the account shall be remitted to the Department of 21 Revenue in accordance with AS 37.10.050. 22 * Sec. 61. AS 37.05.289 is amended by adding new subsections to read: 23 (c) The $5,000,000 cap, set in (b) of this section, on money that may be 24 retained in the state insurance catastrophe reserve account applies only to unobligated 25 money in the account at the end of a fiscal year. 26 (d) Amounts received in settlement of insurance claims or as recovery for 27 losses shall be deposited into the state insurance catastrophe reserve account. 28 * Sec. 62. AS 41.21.020(a) is amended by adding a new paragraph to read: 29 (14) accept cash and other donations from public or private sources to 30 assist and support the department in carrying out the purposes of this chapter. 31 * Sec. 63. AS 41.21.026(a) is amended to read:

01 (a) Notwithstanding (b) of this section, the [THE] department may charge 02 or collect a fee in a park unit for 03 (1) rental of public use cabins or other overnight lodgings; 04 (2) [OVERNIGHT] use of a developed campsite; 05 (3) special park use permits; 06 (4) competitive and exclusive commercial use permits; 07 (5) noncompetitive and nonexclusive commercial use permits; 08 (6) use of a sewage holding tank dump station; 09 (7) admission to or guided tours of visitor centers and historic sites; 10 [AND] 11 (8) use of an improved boat ramp in a park facility developed 12 principally for boat launching; 13 (9) sale of firewood; 14 (10) sale of merchandise related to public use, enjoyment, and 15 understanding of parks, including maps, plans, and other graphic materials; 16 (11) use of a developed trailhead, access site, or picnic site that has 17 developed parking and rest rooms, and use of parking associated with a developed 18 trailhead, access site, or picnic site with developed parking; and 19 (12) presentation or attendance at programs related to natural or 20 cultural history, outdoor skills or education, or other topics concerned with public 21 use, enjoyment, or understanding of parks. 22 * Sec. 64. AS 44.21.410(a) is amended to read: 23 (a) The office of public advocacy shall 24 (1) perform the duties of the public guardian under AS 13.26.360 - 13.26.410; 25 (2) provide visitors and experts in guardianship proceedings under 26 AS 13.26.131; 27 (3) provide guardian ad litem services to children in child protection 28 actions under AS 47.17.030(e) and to wards and respondents in guardianship 29 proceedings who will suffer financial hardship or become dependent upon a 30 government agency or a private person or agency if the services are not provided at 31 state expense under AS 13.26.112;

01 (4) provide legal representation in guardianship proceedings to 02 respondents who are financially unable to employ attorneys under AS 13.26.106(b), 03 and to indigent parties in cases involving child custody in which the opposing party 04 is represented by counsel provided by a public agency other than the Department of 05 Law [, TO INDIGENT PARENTS OR GUARDIANS OF A MINOR RESPONDENT 06 IN A COMMITMENT PROCEEDING CONCERNING THE MINOR UNDER 07 AS 47.30.775]; 08 (5) provide legal representation and guardian ad litem services 09 [UNDER AS 25.24.310;] in cases arising under AS 47.15 (Uniform Interstate Compact 10 on Juveniles); in cases involving petitions [TO ADOPT A MINOR UNDER 11 AS 25.23.125(b) OR PETITIONS] for the termination of parental rights on grounds 12 set out in AS 25.23.180(c)(3); [IN CASES INVOLVING PETITIONS TO REMOVE 13 THE DISABILITIES OF A MINOR UNDER AS 09.55.590;] in children's proceedings 14 under AS 47.10.050(a); and in cases involving indigent persons who are entitled to 15 representation under AS 18.85.100 and who cannot be represented by the public 16 defender agency because of a conflict of interests; 17 (6) develop and coordinate a program to recruit, select, train, assign, 18 and supervise volunteer guardians ad litem from local communities to aid in delivering 19 services in cases in which the office of public advocacy is appointed as guardian ad 20 litem; 21 (7) provide guardian ad litem services in proceedings under 22 AS 12.45.046; 23 (8) establish a fee schedule and collect fees for services provided by the 24 office, except as provided in AS 18.85.120 or when imposition or collection of a fee 25 is not in the public interest as defined under regulations adopted by the commissioner 26 of administration; 27 (9) provide visitors and guardians ad litem in proceedings under 28 AS 47.30.839. 29 * Sec. 65. AS 44.46.025(a) is amended to read: 30 (a) The Department of Environmental Conservation may adopt regulations that 31 prescribe reasonable fees, and establish procedures for the collection of the fees, to

01 cover the applicable direct costs of inspections, permit preparation and 02 administration, plan review and approval, and other [THE FOLLOWING] services 03 provided by the department relating to [:] 04 (1) [INSPECTIONS, PERMIT ADMINISTRATION, PLAN REVIEW 05 AND APPROVAL, AND OTHER RELATED SERVICES PROVIDED] agriculture 06 and animals under AS 03.05; food, drugs, and cosmetics under [,] AS 17.20;[,] and 07 public accommodations and facilities under AS 18.35; 08 (2) [AIR QUALITY PERMITS UNDER AS 46.03.140 AND 09 46.03.160;] 10 (3) hazardous waste management [PERMITS] under AS 46.03.299 and 11 46.03.302; 12 (4) [PLAN APPROVALS AND PERMITS FOR] sewerage system and 13 treatment works and wastewater disposal systems, and [PLAN APPROVALS FOR] 14 drinking water systems, under AS 46.03.720; 15 (5) oil discharge financial responsibility [APPROVALS] under 16 AS 46.04.040; 17 (6) oil discharge contingency plans [PLAN APPROVALS] under 18 AS 46.04.030; 19 (7) water and wastewater operator training under AS 46.30; 20 (8) hazardous waste management facility sites under AS 46.03.313; 21 (9) control of solid waste facilities under AS 46.03.020(10) and 22 under AS 46.03.100; 23 (10) sewage and industrial waste disposal or treatment plans under 24 AS 46.03.090; 25 (11) controlling the application of pesticides and broadcast 26 chemicals under AS 46.03.320; 27 (12) maintaining health and safety at facilities subject to regulation 28 under AS 18.35.220 or AS 44.46.020; 29 (13) certification of laboratories conducting environmental analyses 30 of public drinking water systems or of oil or hazardous substances, or conducting 31 other analyses required by the department;

01 (14) certificates of inspection for motor vehicles under 02 AS 46.03.190; 03 (15) certification of federal permits or authorizations under 04 33 U.S.C. 1341, sec. 401 of the federal Clean Water Act; 05 (16) filing information with the Alaska State Emergency Response 06 Commission (AS 46.13.010), and with any local emergency planning committees 07 approved by the commission, as required by 42 U.S.C. 11022 and 11023; fees 08 under this paragraph must be established in consultation with the Alaska State 09 Emergency Response Commission. 10 * Sec. 66. AS 44.46.025 is amended by adding a new subsection to read: 11 (c) The department may adopt regulations that prescribe reasonable fees to 12 cover the direct and indirect costs of air quality permit programs under AS 46.03.140 13 and AS 46.03.160, and may establish procedures for the collection of those fees. 14 * Sec. 67. AS 47.07.020(b) is amended by adding a new paragraph to read: 15 (11) persons under age 21 not covered under (a) of this section who the 16 department has determined cannot be placed for adoption without medical assistance 17 because of a special need for medical or rehabilitative care and who the department 18 has determined are hard-to-place children eligible for subsidy under AS 25.23.190 - 19 25.23.220. 20 * Sec. 68. AS 47.07.035 is amended by adding a new paragraph to read: 21 (28) individuals under age 21 who the department has determined 22 cannot be placed for adoption without medical assistance because of a special need for 23 medical or rehabilitative care and who the department has determined are hard-to-place 24 children eligible for subsidy under AS 25.23.190 - 25.23.220. 25 * Sec. 69. AS 47.30.775 is amended to read: 26 Sec. 47.30.775. COMMITMENT OF MINORS. The provisions of 27 AS 47.30.700 - 47.30.815 apply to minors. However, all notices required to be served 28 on the respondent in AS 47.30.700 - 47.30.815 shall also be served on the parent or 29 guardian of a respondent who is a minor, and parents or guardians of a minor 30 respondent shall be notified that they may appear as parties in any commitment 31 proceeding concerning the minor and that as parties they are entitled to retain their

01 own attorney [OR HAVE THE OFFICE OF PUBLIC ADVOCACY APPOINTED 02 FOR THEM BY THE COURT]. A minor respondent has the same rights to waiver 03 and informed consent as an adult respondent under AS 47.30.660 - 47.30.915; 04 however, the minor shall be represented by counsel in waiver and consent proceedings. 05 * Sec. 70. AS 13.26.410(b); AS 28.10.011(12), 28.10.181(k); AS 28.22.011(a)(3); and 06 AS 37.05.210(1) are repealed. 07 * Sec. 71. TEMPORARY FEES IN STATE PARKS. (a) The following fees apply for 08 the following activities in units of the state park system until the Department of Natural 09 Resources adopts a regulation under AS 41.21.026, as amended by sec. 62 of this Act, that 10 establishes a fee for that activity: 11 (1) sale of firewood: $4 per bundle; 12 (2) use of a developed trailhead, access site, or picnic site that has developed 13 parking and rest rooms, or use of parking associated with a developed trailhead, access site, 14 or picnic site with developed parking: $2 per vehicle, or $25 for an annual pass; 15 (3) admission to visitor centers or historic sites: $1 for each person over 10 16 years of age; 17 (4) presentation or attendance at programs related to natural or cultural history, 18 outdoor skills or education, or other topics concerned with public use, enjoyment, or 19 understanding of parks: $2 for each person over 10 years of age. 20 (b) The commissioner of natural resources shall notify the revisor of statutes when a 21 regulation is effective that establishes a fee for an activity described in (a) of this section. 22 * Sec. 72. IMPLEMENTATION OF BIENNIAL LICENSURE BY ALCOHOLIC 23 BEVERAGE CONTROL BOARD. (a) Approximately one-half of the applicants for renewal, 24 for 1994, of a license issued by the Alcoholic Beverage Control Board, as determined by the 25 director of the Alcoholic Beverage Control Board, shall be eligible for a one-year license. 26 These licenses expire, unless renewed, on December 31, 1994, and may be renewed biennially 27 in even-numbered years after that. The 1994 renewal fee for these licenses is one-half of the 28 biennial license fee. 29 (b) The remaining approximately one-half of the 1994 renewal applicants, as 30 determined by the director, shall be eligible for a two-year license. These licenses expire, 31 unless renewed, on December 31, 1995, and may be renewed biennially in odd-numbered

01 years after that. 02 (c) The director shall notify each licensee in writing as to whether the licensee shall 03 apply for renewal under (a) or (b) of this section, and of the actual amount of the renewal fee. 04 The notice must be given not later than December 1, 1993. However, the failure of the 05 director to provide the notice required in this subsection does not prevent a license from 06 expiring on February 28, 1994, in accordance with AS 04.11.540, if the renewal application 07 is not filed on or before that date. 08 * Sec. 73. TRANSITION. Notwithstanding secs. 75 - 77 of this Act, an agency of the 09 state that has regulation adoption authority or that is authorized by this Act to adopt 10 regulations, may proceed to adopt regulations necessary to implement that agency's respective 11 provisions in this Act. The regulations take effect under the Administrative Procedure Act, 12 but not before the respective effective date of the relevant section or sections of this Act. 13 * Sec. 74. Sections 71, 72, and 73 of this Act take effect immediately under 14 AS 01.10.070(c). 15 * Sec. 75. Sections 33 - 35 and 44 - 70 of this Act take effect July 1, 1993. 16 * Sec. 76. Sections 1 - 32 of this Act take effect December 31, 1993. 17 * Sec. 77. Sections 36 - 43 of this Act take effect July 1, 1994.