CSHB 65(FIN): "An Act relating to licenses, certificates, and permits administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to the administration of the state insurance catastrophe reserve account; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; relating to fiscal reporting and accounting by the Department of Administration; extending the suspension of certain tax credit provisions; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date."
00CS FOR HOUSE BILL NO. 65(FIN) 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 Fish and 04 Game, the Department of Labor, the Alaska Police Standards Council, the 05 Department of Natural Resources, and the Department of Environmental 06 Conservation; relating to the administration of the state insurance catastrophe 07 reserve account; relating to the provision of group life or group health insurance 08 for state employees; authorizing the Department of Natural Resources to accept 09 certain donations for parks and recreation; relating to fiscal reporting and 10 accounting by the Department of Administration; extending the suspension of 11 certain tax credit provisions; and amending Alaska Rule of Probate 12 Procedure 16(d); and providing for an effective date." 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 14 * Section 1. AS 04.11.090(b) is amended to read:
01 (b) The biennial [ANNUAL] beverage dispensary license fee is $2,500 02 [$1,250]. 03 * Sec. 2. AS 04.11.100(d) is amended to read: 04 (d) The biennial [ANNUAL] fee for a restaurant or eating place license is 05 $600 [$300]. 06 * Sec. 3. AS 04.11.100(e) is amended to read: 07 (e) A license may be renewed under this section only if the licensee provides 08 evidence to the board's satisfaction that gross receipts from the sale of food upon the 09 licensed premises constitute no less than 50 percent of the gross receipts of the 10 licensed premises for each of the two preceding calendar years [LICENSE YEAR]. 11 * Sec. 4. AS 04.11.110(c) is amended to read: 12 (c) The biennial [ANNUAL] club license fee is $1,200 [$600]. 13 * Sec. 5. AS 04.11.120(c) is amended to read: 14 (c) The biennial [ANNUAL] bottling works license fee is $500 [$250]. 15 * Sec. 6. AS 04.11.130(d) is amended to read: 16 (d) The biennial [ANNUAL] brewery license fee is $1,000 [$500]. 17 * Sec. 7. AS 04.11.135(c) is amended to read: 18 (c) The biennial [ANNUAL] brewpub license fee is $500 [$250]. 19 * Sec. 8. AS 04.11.140(d) is amended to read: 20 (d) The biennial [ANNUAL] winery license fee is $500 [$250]. 21 * Sec. 9. AS 04.11.150(b) is amended to read: 22 (b) The biennial [ANNUAL] package store license fee is $1,500 [$750]. 23 * Sec. 10. AS 04.11.160(a) is amended to read: 24 (a) A general wholesale license authorizes the holder to sell alcoholic 25 beverages in the original package, and wine in bulk, in quantities of not less than five 26 gallons. A holder of a general wholesale license may not sell to a person not licensed 27 under this title, except as provided in AS 04.21.040. A holder of a general wholesale 28 license may not sell alcoholic beverages unless any stamps required to be affixed to 29 the package by state or federal law are intact on the package. A wholesaler must 30 obtain a general wholesale license for each distributing point. The biennial 31 [ANNUAL] general wholesale license fee is $2,000 [$1,000 FOR THE FIRST
01 $100,000 OF BUSINESS TRANSACTED], payable at the time of making an original 02 application or an application for renewal. In addition, the following annual fees shall 03 be paid by a holder of a general wholesale license: 04 Total Business Transacted During Calendar Year Annual Fee 05 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . . .$ 500 06 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . .$ 1,000 07 over $200,000 and not over $250,000. . . . . . . . . . . . . . . . . .$ 1,500 08 over $250,000 and not over $300,000. . . . . . . . . . . . . . . . . .$ 2,000 09 over $300,000 and not over $350,000. . . . . . . . . . . . . . . . . .$ 2,500 10 over $350,000 and not over $400,000. . . . . . . . . . . . . . . . . .$ 3,000 11 over $400,000 and not over $500,000. . . . . . . . . . . . . . . . . .$ 4,000 12 over $500,000 and not over $600,000. . . . . . . . . . . . . . . . . .$ 5,000 13 over $600,000 and not over $700,000. . . . . . . . . . . . . . . . . .$ 6,000 14 over $700,000 and not over $800,000. . . . . . . . . . . . . . . . . .$ 7,000 15 over $800,000 and not over $1,000,000. . . . . . . . . . . . . . . . .$ 9,000 16 over $1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000. 17 * Sec. 11. AS 04.11.160(b) is amended to read: 18 (b) A wholesale malt beverage and wine license authorizes the holder to sell 19 malt beverages and wine in the original packages in quantities of not less than five 20 gallons. The holder of a wholesale malt beverage and wine license may not sell to a 21 person not licensed under this title except as provided in AS 04.21.040. The biennial 22 [ANNUAL] wholesale malt beverage and wine license fee is $400 [$200 FOR THE 23 FIRST $20,000 OF BUSINESS TRANSACTED DURING A YEAR], payable at the 24 time of making an original application or application for renewal. In addition, the 25 following annual fees shall be paid by a holder of a wholesale malt beverage and wine 26 license: 27 Total Business Transacted During Calendar Year Annual Fee 28 over $20,000 and not over $50,000. . . . . . . . . . . . . . . . . . . .$ 300 29 over $50,000 and not over $100,000 . . . . . . . . . . . . . . . . . .$ 1,000 30 over $100,000 and not over $150,000. . . . . . . . . . . . . . . . . .$ 1,500 31 over $150,000 and not over $200,000. . . . . . . . . . . . . . . . . .$ 2,000
01 over $200,000 and not over $400,000. . . . . . . . . . . . . . . . . .$ 4,000 02 over $400,000 and not over $600,000. . . . . . . . . . . . . . . . . .$ 6,000 03 over $600,000 and not over $800,000. . . . . . . . . . . . . . . . . .$ 8,000 04 over $800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000. 05 * Sec. 12. AS 04.11.160(c) is amended to read: 06 (c) No later than February 28 of each year [FOLLOWING THE YEAR FOR 07 WHICH A LICENSE HAS BEEN ISSUED UNDER THIS SECTION], the licensee 08 shall file with the board an affidavit showing the total business transacted during the 09 preceding calendar year under the license and the location of the licensed premises 10 at which the business was transacted. At the time of filing the affidavit, the licensee 11 shall pay the additional annual [LICENSE] fees accrued under (a) and (b) of this 12 section during the preceding calendar year. 13 * Sec. 13. AS 04.11.170(c) is amended to read: 14 (c) The biennial [ANNUAL] distillery license fee is $1,000 [$500]. 15 * Sec. 14. AS 04.11.180(b) is amended to read: 16 (b) The biennial [ANNUAL] fee for a common carrier dispensary license is 17 $700 [$350] for each vehicle, boat, aircraft, or railroad buffet car in which alcoholic 18 beverages are served. 19 * Sec. 15. AS 04.11.210(b) is amended to read: 20 (b) The biennial [ANNUAL] fee for a recreational site license is $800 [$400]. 21 * Sec. 16. AS 04.11.220(d) is amended to read: 22 (d) The biennial [ANNUAL] fee for a pub license is $800 [$400]. 23 * Sec. 17. AS 04.11.250(a) is amended to read: 24 (a) A conditional contractor's permit authorizes the holder to sell beer or wine 25 for consumption only on designated premises for two years [ONE YEAR] from the 26 date of issuance of the permit at construction sites that are located outside a city and 27 inside the boundaries of a military or naval reservation. 28 * Sec. 18. AS 04.11.250(b) is amended to read: 29 (b) An applicant for a conditional contractor's permit must obtain and file with 30 the board written permission from the commanding officer of the military or naval 31 reservation and the prime contractor of the remotely situated project for the conduct
01 of the activities authorized by the permit. A conditional contractor's permit may be 02 renewed biennially [ANNUALLY] upon reapplication for a permit and may be 03 revoked or suspended at the discretion of the commanding officer or the prime 04 contractor. 05 * Sec. 19. AS 04.11.250(d) is amended to read: 06 (d) The biennial [ANNUAL] conditional contractor's permit fee is $1,200 07 [$600]. 08 * Sec. 20. AS 04.11.270(a) is amended to read: 09 (a) An application for renewal of a license or renewal of a conditional 10 contractor's permit must include [:] 11 (1) the information required for a new license or permit under 12 AS 04.11.260 except that proof of notice under AS 04.11.310 is not required; and 13 (2) a list of all convictions of the applicant of violations of this title, 14 a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, that 15 occurred in the preceding two calendar years [YEAR]. 16 * Sec. 21. AS 04.11.270(b) is repealed and reenacted to read: 17 (b) A license shall be renewed as follows: 18 (1) on or before November 1 of each year, the director shall mail a 19 renewal application to each licensee whose license, unless renewed, will expire on 20 December 31 of that year; the application shall be mailed to the licensee at the 21 licensed premises or at a mailing address furnished by the licensee; 22 (2) the licensee shall submit the completed renewal application and the 23 biennial license fee to the director on or before December 31; 24 (3) a renewal application filed after December 31 is delinquent and 25 must be accompanied by a $100 penalty fee; 26 (4) if December 31 falls on a weekend or a state holiday, the deadline 27 is extended to the first business day following December 31. 28 * Sec. 22. AS 04.11.330(a) is amended to read: 29 (a) An application requesting renewal of a license shall be denied if 30 (1) the board finds, after review of all relevant information, that 31 renewal of the license would not be in the best interests of the public;
01 (2) the license has been revoked for any cause; 02 (3) the applicant has not operated the licensed premises for at least 30 03 eight-hour days during each of the two preceding calendar years [THE 04 IMMEDIATELY PRECEDING CALENDAR YEAR], unless the board determines that 05 the licensed premises are under construction or cannot be operated through no fault of 06 the applicant; 07 (4) the board finds that issuance of an existing license under 08 AS 04.11.400(g) has not encouraged tourist trade; 09 (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, 10 ownership of the license, and financing of the licensee have not been met; 11 (6) renewal of the license would violate the restrictions pertaining to 12 the particular license under this title; 13 (7) renewal of the license is prohibited under this title as a result of an 14 election conducted in accordance with AS 04.11.502; 15 (8) the application has not been completed in accordance with 16 AS 04.11.270; 17 (9) the license was issued under AS 04.11.400(j), and the board finds 18 that the public convenience does not require renewal. 19 * Sec. 23. AS 04.11.330(d) is amended to read: 20 (d) Notwithstanding (a) (3) of this section, a recreational site license issued 21 under AS 04.11.210 may be renewed if the license was exercised at least once during 22 each of the two [THE IMMEDIATELY] preceding calendar years [YEAR]. 23 * Sec. 24. AS 04.11.490(b) is amended to read: 24 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 25 section, the board shall be notified immediately after certification of the results of the 26 election and thereafter the board may not issue, renew, or transfer between holders or 27 locations a license for licensed premises located within the boundaries of the [A] 28 municipality and in unincorporated areas within five miles of the boundaries of the 29 municipality or within the perimeter of the [AN] established village. Licenses that 30 may not be renewed because of a local option election held under this section are void 31 90 days after the results of the election are certified. A license that will expire during
01 the 90 days after the results of a local option election under this section are certified 02 may be extended, until it is void under this subsection, by payment of a prorated 03 portion of the biennial [ANNUAL] license fee. 04 * Sec. 25. AS 04.11.492(b) is amended to read: 05 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 06 section, the board shall be notified immediately after certification of the results of the 07 election and thereafter may not issue, renew, or transfer between holders or locations 08 a license for licensed premises located within the boundaries of the [A] municipality 09 and in unincorporated areas within five miles of the boundaries of the municipality, 10 with the exception of a beverage dispensary or package store operated under a 11 community liquor license held by the municipality. Licenses in effect are void 90 days 12 after the results of the election are certified. A license that will expire during the 90 13 days after the results of a local option election under this section are certified may be 14 extended, until it is void under this subsection, by payment of a prorated portion of the 15 biennial [ANNUAL] license fee. 16 * Sec. 26. AS 04.11.496(b) is amended to read: 17 (b) If a majority of the voters vote "yes" on the question set out in (a) of this 18 section, a person, beginning on the first day of the month following certification of the 19 results of the election, may not knowingly send, transport, or bring an alcoholic 20 beverage into the municipality or established village, unless the alcoholic beverage is 21 sacramental wine to be used for bona fide religious purposes based on tenets or 22 teachings of a church or religious body, is limited in quantity to the amount necessary 23 for religious purposes, and is dispensed only for religious purposes by a person 24 authorized by the church or religious body to dispense the sacramental wine. The board 25 shall be notified immediately after certification of the results of the election and 26 thereafter may not issue, renew, or transfer between holders or locations a license for 27 licensed premises located within the boundaries of the municipality and within 28 unincorporated areas within five miles of the boundaries of the municipality or within 29 the perimeter of the established village. Licenses that may not be renewed because of 30 a local option election held under this section are void 90 days after the results of the 31 election are certified. A license that will expire during the 90 days after the results of
01 a local option election under this section are certified may be extended, until it is void 02 under this subsection, by payment of a prorated portion of the biennial [ANNUAL] 03 license fee. 04 * Sec. 27. AS 04.11.498(c) is amended to read: 05 (c) If a majority of the voters of an established village vote "yes" on the 06 question set out in (a) of this section and the sale of alcoholic beverages, or the sale 07 and importation of alcoholic beverages, has not been previously prohibited in the 08 established village in accordance with AS 04.11.490 or 04.11.496, a person, beginning 09 90 days after certification of the results of the election, may not knowingly possess an 10 alcoholic beverage in the established village, unless the person is licensed by the board 11 or the alcoholic beverage is wine to be used for bona fide religious purposes based on 12 tenets or teachings of a church or religious body, is limited in quantity to the amount 13 necessary for religious purposes, and is dispensed only for religious purposes by a 14 person recognized by the church or religious body as authorized to dispense the wine. 15 The board shall be notified immediately after certification of the results of the election 16 and thereafter may not issue, renew, or transfer between holders or locations a license 17 for licensed premises located within the perimeter of the established village as defined 18 in AS 04.21.080(b). Licenses that may not be renewed because of a local option 19 election held under this section are void 90 days after the results of the election are 20 certified. A license that will expire during the 90 days after the results of a local 21 option election under this section are certified may be extended until it is void under 22 this subsection [SECTION], by payment of a prorated portion of the biennial 23 [ANNUAL] license fee. 24 * Sec. 28. AS 04.11.498(e) is amended to read: 25 (e) If a majority of the voters of a municipality vote "yes" on the question set 26 out in (a) of this section and the sale of alcoholic beverages, or the sale and 27 importation of alcoholic beverages, has not been previously prohibited in the 28 municipality in accordance with AS 04.11.490 or 04.11.496, an ordinance is adopted 29 that becomes effective beginning 90 days after certification of the results of the 30 election, and a person may not knowingly possess an alcoholic beverage in the 31 municipality, unless the alcoholic beverage is wine to be used for bona fide religious
01 purposes based on tenets or teachings of a church or religious body, is limited in 02 quantity to the amount necessary for religious purposes, and is dispensed only for 03 religious purposes by a person recognized by the church or religious body as 04 authorized to dispense the wine. The board shall be notified immediately after the 05 adoption of the ordinance and thereafter may not issue, renew, or transfer between 06 holders or locations a license for licensed premises located within the boundaries of 07 the municipality and within unincorporated areas within five miles of the boundaries 08 of the municipality. Licenses that may not be renewed because of a local option 09 election held under this section are void 90 days after the results of the election are 10 certified. A license that will expire during the 90 days after the results of a local 11 option election under this section are certified may be extended, until it is void under 12 this subsection [SECTION], by payment of a prorated portion of the biennial 13 [ANNUAL] fee. 14 * Sec. 29. AS 04.11.500(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 may not issue, renew, or transfer between holders or locations 18 a license for licensed premises located within the boundaries of the municipality and 19 in unincorporated areas within five miles of the boundaries of the municipality or 20 within the perimeter of the established village, except those types of licenses listed on 21 the ballot. Licenses in effect within the boundaries of the municipality or perimeter 22 of the established village, and in an unincorporated area outside of but within five 23 miles of the boundaries of the municipality, except those types of licenses listed on the 24 ballot, are void 90 days after the results of the election are certified. A license that 25 will expire during the 90 days after the results of a local option election under this 26 section are certified may be extended, until it is void under this subsection, by payment 27 of a prorated portion of the biennial [ANNUAL] license fee. 28 * Sec. 30. AS 04.11.500(c) is amended to read: 29 (c) If the majority of the voters vote "no" on the question set out in (a) of this 30 section or vote "yes" on the questions set out in AS 04.11.490, 04.11.492, 04.11.496, 31 or this section if different types of licenses are listed on the ballot in an election
01 conducted in accordance with AS 04.11.502 after an election in which the voters voted 02 "yes" on the question set out in (a) of this section, the board shall be notified 03 immediately after certification of the results of the election. Licenses in effect in the 04 municipality, in the unincorporated area outside of but within five miles of the 05 boundaries of the municipality or established village that were excepted from the 06 prohibition on sale in accordance with the results of the earlier election are void 90 07 days after the results of the election are certified. Thereafter the board may not issue, 08 renew, or transfer between holders or locations a license for licensed premises located 09 within the boundaries of the municipality or within the perimeter of an established 10 village, or in an unincorporated area within five miles of the boundaries of the 11 municipality, except a license that may be issued to a municipality or to one of the 12 types of licenses listed on the ballot as a result of a majority of the voters voting "yes" 13 on the question set out in AS 04.11.492 or this section, respectively. A license that 14 will expire during the 90 days after the results of a local option election under this 15 section are certified may be extended, until it is void under this subsection, by payment 16 of a prorated portion of the biennial [ANNUAL] license fee. 17 * Sec. 31. AS 04.11.610(a) is amended to read: 18 (a) Biennial [ANNUAL] license fees, excluding annual wholesale fees and 19 biennial wholesale license fees, collected within a municipality shall be refunded 20 semi-annually to the municipality. 21 * Sec. 32. AS 04.11.680(a) is amended to read: 22 (a) Upon application and payment of one-quarter [ONE-HALF] of the 23 biennial [ANNUAL] fee, the board may issue a license under this title that will be 24 effective for a continuous six-month period. Otherwise, all licenses issued under this 25 title other than a retail stock sale license are effective for the two calendar years 26 [YEAR] ending December 31, unless a shorter period is prescribed by the board or by 27 law. 28 * Sec. 33. AS 13.26.410(a) is repealed and reenacted to read: 29 (a) The commissioner of administration may establish by regulation a schedule 30 of reasonable fees for the costs of the public guardian's services. The fee schedule 31 established may be based upon the ability of the ward or protected person to pay for
01 guardian services but may not exceed the actual cost of providing public guardian 02 services. The office of public advocacy shall charge and collect the fees established 03 under this subsection, but may waive collection of a fee upon a finding that collection 04 is not economically feasible or in the public interest. 05 * Sec. 34. AS 13.26.410(c) is amended to read: 06 (c) The public guardian may [SHALL] investigate the financial status of 07 (1) a person who requests the appointment of the public guardian as the 08 person's guardian or conservator; and 09 (2) a ward for whom a court has appointed the public guardian. 10 * Sec. 35. AS 13.26.410 is amended by adding a new subsection to read: 11 (f) The annual estimated balance in the account maintained under 12 AS 37.05.142 may be used by the legislature to make appropriations to the Department 13 of Administration to carry out the purposes of AS 44.21.400 - 44.21.410 (office of 14 public advocacy). 15 * Sec. 36. AS 14.43.120(a) is amended to read: 16 (a) Proceeds from a scholarship loan to a full-time student may only be used 17 for books, tuition and required fees, loan guarantee fees, and [FOR] room and board. 18 Proceeds from a scholarship loan to a half-time student may only be used for books, 19 [AND] tuition and required fees, and loan guarantee fees. 20 * Sec. 37. AS 14.43.120(h) is amended to read: 21 (h) Security may not be required for a loan; however, a loan guarantee fee, 22 as specified in (u) of this section, shall be charged at the time that the loan is 23 awarded. Additionally, provision shall be made for payment of all fees and costs 24 incurred in collection of the amount owed on the loan if it becomes delinquent or in 25 default. 26 * Sec. 38. AS 14.43.120 is amended by adding a new subsection to read: 27 (u) A loan guarantee fee of one percent of the total scholarship loan amount 28 shall be assessed upon a scholarship loan that is funded from the student loan fund of 29 the Alaska Student Loan Corporation. The loan guarantee fee shall be added as a 30 finance charge to the total loan amount awarded, notwithstanding the loan limits set 31 out at AS 14.43.110 and 14.43.115. Subject to appropriation, the loan guarantee fees
01 shall be deposited into a guarantee fee account within the student loan fund of the 02 Alaska Student Loan Corporation, and subsequently transferred by the commission to 03 loan accounts within the student loan fund to offset losses incurred due to student loan 04 debt cancellation as a result of death, disability, or bankruptcy of the student. 05 * Sec. 39. AS 14.43.300(a) is amended to read: 06 (a) A scholarship loan to a recipient under AS 14.43.250(b)(1) - (4) or (6) may 07 not exceed $2,500 a school year for an undergraduate student or $5,000 a school year 08 for a graduate student, exclusive of loan guarantee fees under (g) of this section, and 09 may not be made to a student for more than six years. A scholarship loan to a 10 recipient under AS 14.43.250(b)(5) may not exceed the cost of tuition and required 11 fees, loan guarantee fees under (g) of this section, books and educational supplies, 12 room and board, and transportation for two round trips between the recipient's home 13 and school each year. A loan under AS 14.43.250(b)(5) may not be made for more 14 than five years of undergraduate study, five years of graduate study, or a combined 15 maximum of eight years of study. 16 * Sec. 40. AS 14.43.300 is amended by adding a new subsection to read: 17 (g) A loan guarantee fee of one percent of the total memorial scholarship loan 18 amount shall be assessed upon a memorial scholarship loan. The loan guarantee fee 19 shall be added as a finance charge to the total loan amount awarded. Subject to 20 appropriation, the loan guarantee fee shall be deposited into a guarantee fee account 21 within the memorial scholarship revolving loan fund, and subsequently transferred by 22 the commission to the appropriate memorial scholarship accounts within the memorial 23 scholarship revolving loan fund to offset losses incurred due to loan debt cancellation 24 as a result of death, disability, or bankruptcy of the student. 25 * Sec. 41. AS 14.43.640(c) is amended to read: 26 (c) A loan may not exceed $7,500 in a school year, exclusive of loan 27 guarantee fees. 28 * Sec. 42. AS 14.43.640(d) is amended to read: 29 (d) Proceeds from a teacher scholarship loan may be used only for 30 undergraduate expenses of books, tuition, required fees, loan guarantee fees, room and 31 board, and the transportation expense for two round trips between the loan recipient's
01 home and school. 02 * Sec. 43. AS 14.43.740(a) is amended to read: 03 (a) The provisions of AS 14.43.100, 14.43.110, 14.43.115, 14.43.120(a) - (d), 04 (i), (m), and (r) - (u) [(r) - (t)], and 14.43.135 apply to a loan made under 05 AS 14.43.710 - 14.43.790. 06 * Sec. 44. AS 16.05.390(d) is amended to read: 07 (d) Compensation provided by this section shall be paid from appropriations 08 made to the department [FROM THE GENERAL FUND]. 09 * Sec. 45. AS 18.60.220 is amended to read: 10 Sec. 18.60.220. DUTIES OF THE DEPARTMENT OF LABOR. The 11 Department of Labor shall 12 (1) have all violators of AS 18.60.180 - 18.60.390 prosecuted; 13 (2) issue, suspend, or revoke for cause, inspection certificates provided 14 for in AS 18.60.390; 15 (3) take action necessary for the enforcement of the laws and 16 regulations governing the use of boilers and unfired pressure vessels; 17 (4) keep a complete record of the type, dimensions, maximum 18 allowable working pressure, age, condition, location, and date of the last recorded 19 internal inspection of boilers and unfired pressure vessels to which AS 18.60.180 - 20 18.60.390 apply; 21 (5) adopt regulations establishing reasonable fees for administering 22 special inspector examinations and for processing applications for special 23 inspector commissions; and 24 (6) do acts necessary to carry out the purposes of AS 18.60.180 - 25 18.60.390. 26 * Sec. 46. AS 18.62.020 is amended to read: 27 Sec. 18.62.020. APPLICATION FOR AND ISSUANCE OF CERTIFICATE. 28 The department shall issue certificates of fitness and renewal [VALID FOR ONE 29 YEAR AND] certificates of fitness valid for two [THREE] years. The certificate may 30 [SHALL] be issued only to an individual. An applicant for a certificate shall apply 31 in writing, under oath, on a form prescribed by the department containing
01 (1) the name and address of the applicant; 02 (2) the applicant's age; 03 (3) the applicant's citizenship; and 04 (4) [WHETHER THE APPLICANT IS APPLYING FOR A 05 ONE-YEAR OR A THREE-YEAR CERTIFICATE; AND 06 (5)] other information relevant to licensing that the department requires. 07 * Sec. 47. AS 18.62.030 is repealed and reenacted to read: 08 Sec. 18.62.030. FEES. An applicant 09 (1) shall pay a nonrefundable application and examination fee of $50 10 when applying for a journeyman level certificate of fitness; 11 (2) for a trainee or journeyman level certificate of fitness shall pay a 12 biennial fee of $160, to be prorated if the certificate is issued for a shorter period, for 13 the issuance of a certificate or a renewal certificate; 14 (3) shall pay a fee of $25 for the issuance of a duplicate certificate of 15 fitness. 16 * Sec. 48. AS 18.65.220 is amended by adding a new paragraph to read: 17 (7) charge and collect reasonable fees, established by the council by 18 regulation, for processing applications for basic certification of police, probation, 19 parole, and correctional officers under regulations of the council. 20 * Sec. 49. AS 23.15.390 is amended to read: 21 Sec. 23.15.390. FEES. The fee for filing an application for a permit is $100 22 [$10]. All fees shall be deposited in the general fund. In addition to paying this fee, 23 all persons conducting employment agencies must comply with the provisions of 24 AS 43.70 (Alaska Business License Act). 25 * Sec. 50. AS 37.05.146(4) is amended by adding a new subparagraph to read: 26 (R) receipts of the group insurance programs established under 27 AS 39.30.090. 28 * Sec. 51. AS 37.05.289(a) is amended to read: 29 (a) There is established in the general fund a state insurance catastrophe 30 reserve account consisting of assets appropriated to it by the legislature, [AND] assets 31 allocated to the account by the Department of Administration as provided in [(b) OF]
01 this section, and amounts deposited into the account as provided in this section. 02 Assets of the account may be used to obtain insurance, to establish reserves for the 03 self-insurance program, and to satisfy claims or judgments arising under the program. 04 Interest earned on money in the account shall be remitted to the Department of 05 Revenue in accordance with AS 37.10.050. 06 * Sec. 52. AS 37.05.289 is amended by adding new subsections to read: 07 (c) The $5,000,000 cap, set in (b) of this section, on money that may be 08 retained in the state insurance catastrophe reserve account applies only to unobligated 09 money in the account at the end of a fiscal year. 10 (d) Amounts received in settlement of insurance claims or as recovery for 11 losses shall be deposited into the state insurance catastrophe reserve account. 12 * Sec. 53. AS 39.30.090(a)(4) is amended to read: 13 (4) In procuring a policy of group health or group life insurance 14 as provided under this section or excess loss insurance as provided in 15 AS 39.30.091, the [THE] Department of Administration shall comply with the dual 16 choice requirements of AS 21.86.310, and shall obtain the insurance policy from an 17 [ANY] insurer authorized to transact business in the state under AS 21.09, a hospital 18 or medical service corporation authorized to transact business in this state under 19 AS 21.87 [AND AS 21.90], or [FROM] a health maintenance organization authorized 20 to operate in this state under AS 21.86. An excess loss insurance policy may be 21 obtained from a life or disability insurer authorized to transact business in this 22 state under AS 21.09 or from a hospital or medical service corporation authorized 23 to transact business in this state under AS 21.87. 24 * Sec. 54. AS 39.30.090(a)(5) is amended to read: 25 (5) The Department of Administration shall make available bid 26 specifications for desired insurance benefits or for administration of benefit claims 27 and payments to (A) all insurance carriers authorized to transact business 28 [LICENSED] in this [THE] state under AS 21.09 and all hospital or medical service 29 corporations authorized to transact business under AS 21.87 who are [AND] 30 qualified to provide the desired benefits; and (B) to insurance carriers authorized 31 to transact business in this state under AS 21.09, hospital or medical service
01 corporations authorized to transact business under AS 21.87, and third-party 02 administrators licensed to transact business in this state and qualified to provide 03 administrative services. The specifications shall be made available [ON OR 04 BEFORE JULY 1, 1965, AND] at least once every [SUCCEEDING] five years. The 05 lowest responsible bid submitted by an insurance carrier, hospital or medical service 06 corporation, or third-party administrator with adequate servicing facilities shall 07 govern selection of a carrier, hospital or medical service corporation, or third-party 08 administrator under this section or the selection of an insurance carrier or a 09 hospital or medical service corporation to provide excess loss insurance as 10 provided in AS 39.30.091. 11 * Sec. 55. AS 39.30 is amended by adding a new section to read: 12 Sec. 39.30.091. AUTHORIZATION FOR SELF-INSURANCE AND EXCESS 13 LOSS INSURANCE. Notwithstanding AS 21.86.310 or AS 39.30.090, the Department 14 of Administration may provide, by means of self-insurance, one or more of the benefits 15 listed in AS 39.30.090(a)(1) for state employees eligible for the benefits by law or 16 under a collective bargaining agreement. The department shall procure any necessary 17 excess loss insurance under AS 39.30.090. 18 * Sec. 56. AS 39.30.095(a) is amended to read: 19 (a) The commissioner of administration shall establish the group health and 20 life benefits fund as a special account in the general fund to provide for group life and 21 health insurance under AS 39.30.090 and 39.30.160 or for self-insurance 22 arrangements under AS 39.30.091. The commissioner shall maintain accounts and 23 records for the fund. The fund consists of employer contributions, employee 24 contributions, appropriations from the legislature, and income earned on investment of 25 the fund as provided in (d) of this section. 26 * Sec. 57. AS 39.30.095(b) is amended to read: 27 (b) After obtaining the advice of an actuary, the commissioner of 28 administration shall determine the amount necessary to provide benefits under 29 AS 39.30.090, 39.30.091, and 39.30.160 and shall set the rate of employer contribution 30 and employee contribution, if any. With money in the fund, the [THE] commissioner 31 of administration shall pay premiums, [AND] claims, and administrative costs
01 required under [IN ACCORDANCE WITH] the insurance policies in effect under 02 AS 39.30.090 and 39.30.160, or required under self-insurance arrangements in 03 effect under AS 39.30.091 [WITH MONEY IN THE FUND]. 04 * Sec. 58. AS 39.30.095(c) is amended to read: 05 (c) The commissioner of administration or the designee of the commissioner 06 is administrator of the fund. The commissioner may contract with 07 (1) an insurer authorized to transact business in this state under 08 AS 21.09, or a hospital or medical service corporation authorized to transact 09 business in this state under AS 21.87 [INSURANCE CARRIER] to reimburse the 10 state for the cost of administering group insurance provided under AS 39.30.090 and 11 39.30.160; and 12 (2) a life or disability insurer authorized to transact business in the 13 state under AS 21.09, a hospital or medical service corporation authorized to 14 transact business in this state under AS 21.87, or a third-party administrator 15 licensed to transact business in this state for the administration of benefit claims 16 and payments under AS 39.30.091. 17 * Sec. 59. AS 39.30.095(d) is amended to read: 18 (d) If the commissioner of administration determines that there is more money 19 in the fund than the amount needed to pay premiums, [OR] benefits, and 20 administrative costs for the current fiscal year, the surplus, or so much of it as the 21 commissioner of administration considers advisable, may be invested by the 22 commissioner of revenue in the same manner as retirement funds are invested under 23 AS 14.25.180. 24 * Sec. 60. AS 41.21.020 is amended by adding a new subsection to read: 25 (c) The department may accept cash and other donations from public or private 26 sources to assist and support the department in carrying out the purposes of this 27 chapter. 28 * Sec. 61. AS 41.21.026(a) is amended to read: 29 (a) Notwithstanding (b) of this section, the [THE] department may charge 30 or collect a fee in a park unit for 31 (1) rental of public use cabins or other overnight lodgings;
01 (2) overnight use of a developed campsite; 02 (3) special park use permits; 03 (4) competitive and exclusive commercial use permits; 04 (5) noncompetitive and nonexclusive commercial use permits; 05 (6) use of a sewage holding tank dump station; 06 (7) admission to or guided tours of visitor centers and historic sites; 07 [AND] 08 (8) use of an improved boat ramp in a park facility developed 09 principally for boat launching; 10 (9) sale of firewood; 11 (10) sale of merchandise for informational or educational purposes 12 related to public use and understanding of parks, including maps, plans, and 13 other graphic materials; 14 (11) use of a developed facility that has developed parking and rest 15 rooms; and 16 (12) presentation or attendance at programs related to natural or 17 cultural history, outdoor skills or education, or other topics concerned with public 18 use, enjoyment, or understanding of parks. 19 * Sec. 62. AS 44.46.025(a) is amended to read: 20 (a) The Department of Environmental Conservation may adopt regulations that 21 prescribe reasonable fees, and establish procedures for the collection of the fees, to 22 cover the applicable direct costs, not including travel, of inspections, permit 23 preparation and administration, plan review and approval, and other [THE 24 FOLLOWING] services provided by the department relating to [:] 25 (1) agriculture and animals [INSPECTIONS, PERMIT 26 ADMINISTRATION, PLAN REVIEW AND APPROVAL, AND OTHER RELATED 27 SERVICES PROVIDED] under AS 03.05; food, drugs, and cosmetics under [,] 28 AS 17.20; [,] and public accommodations and facilities under AS 18.35; 29 (2) [AIR QUALITY PERMITS UNDER AS 46.03.140 AND 46.03.160; 30 (3) HAZARDOUS WASTE PERMITS UNDER AS 46.03.299 AND 31 46.03.302;
01 (4) PLAN APPROVALS AND PERMITS FOR] sewerage system and 02 treatment works and wastewater disposal systems, and [PLAN APPROVALS FOR] 03 drinking water systems, under AS 46.03.720; 04 (3) [(5)] oil discharge financial responsibility [APPROVALS] under 05 AS 46.04.040; 06 (4) [(6)] oil discharge contingency plans [PLAN APPROVALS] under 07 AS 46.04.030; 08 (5) [(7)] water and wastewater operator training under AS 46.30; 09 (6) control of solid waste facilities under AS 46.03.020(10) and 10 46.03.100; 11 (7) certification of laboratories conducting environmental analyses 12 of public drinking water systems or of oil or hazardous substances, or conducting 13 other analyses required by the department; 14 (8) certification of federal permits or authorizations under 15 33 U.S.C. 1341, sec. 401 (Clean Water Act). 16 * Sec. 63. AS 44.46.025 is amended by adding a new subsection to read: 17 (c) The department may adopt regulations that prescribe reasonable fees to 18 cover the direct costs of air quality permit programs under AS 46.03.140 and 19 46.03.160, and may establish procedures for the collection of those fees. 20 * Sec. 64. Section 1, ch. 27, SLA 1987 is amended to read: 21 Section 1. The operation of AS 43.05.085 and AS 43.20.013 is suspended until 22 January 1, 1995 [1993]. 23 * Sec. 65. AS 13.26.410(b) and AS 37.05.210(1) are repealed. 24 * Sec. 66. AS 44.46.025(c), enacted by sec. 63 of this Act, is repealed on the day after the 25 day the federal administrator approves the state program under 42 U.S.C. 7661a(d) (Clean Air 26 Act, sec. 502(d)). The commissioner of environmental conservation shall immediately notify 27 the lieutenant governor and the revisor of statutes of the day the federal administrator grants 28 the approval described under this section. 29 * Sec. 67. TEMPORARY FEES IN STATE PARKS. The following fees apply for the 30 following activities in units of the state park system until the earlier of July 1, 1995, or the 31 date that the Department of Natural Resources adopts a regulation under AS 41.21.026, as
01 amended by sec. 61 of this Act, that establishes a fee for that activity: 02 (1) sale of firewood: $4 per bundle; 03 (2) use of a developed facility that has developed parking and rest rooms: $2 04 per vehicle, or $25 for an annual pass; 05 (3) admission to visitor centers or historic sites: $1 for each person over 10 06 years of age; 07 (4) presentation or attendance at programs related to natural or cultural history, 08 outdoor skills or education, or other topics concerned with public use, enjoyment, or 09 understanding of parks: $2 for each person over 10 years of age. 10 * Sec. 68. IMPLEMENTATION OF BIENNIAL LICENSURE BY ALCOHOLIC 11 BEVERAGE CONTROL BOARD. (a) Approximately one-half of the applicants for renewal, 12 for 1994, of a license issued by the Alcoholic Beverage Control Board, as determined by the 13 director of the Alcoholic Beverage Control Board, shall be eligible for a one-year license. 14 These licenses expire, unless renewed, on December 31, 1994, and may be renewed biennially 15 in even-numbered years after that. The 1994 renewal fee for these licenses is one-half of the 16 biennial license fee. 17 (b) The remaining approximately one-half of the 1994 renewal applicants, as 18 determined by the director, shall be eligible for a two-year license. These licenses expire, 19 unless renewed, on December 31, 1995, and may be renewed biennially in odd-numbered 20 years after that. 21 (c) The director shall notify each licensee in writing as to whether the licensee shall 22 apply for renewal under (a) or (b) of this section, and of the actual amount of the renewal fee. 23 The notice must be given not later than December 1, 1993. However, the failure of the 24 director to provide the notice required in this subsection does not prevent a license from 25 expiring on February 28, 1994, in accordance with AS 04.11.540, if the renewal application 26 is not filed on or before that date. 27 * Sec. 69. IMPLEMENTATION OF BIENNIAL LICENSING BY THE DEPARTMENT 28 OF LABOR. Notwithstanding AS 18.62.020, as amended by sec. 46 of this Act, and to ensure 29 that approximately one-half of all certificates of fitness expire in any one fiscal year, 30 approximately one-half of the applicants for renewal certificates of fitness during the first three 31 fiscal years after the effective date of sec. 46 of this Act, as determined by the Department
01 of Labor, shall receive a one-year renewal certificate, which may be renewed biennially after 02 that. The renewal fee for a one-year certificate is $80. 03 * Sec. 70. TRANSITION. Notwithstanding secs. 74 - 76 of this Act, an agency of the 04 state that has regulation adoption authority or that is authorized by this Act to adopt 05 regulations, may proceed to adopt regulations necessary to implement that agency's respective 06 provisions in this Act. The regulations take effect under AS 44.62 (Administrative Procedure 07 Act), but not before the respective effective date of the relevant section or sections of this Act. 08 * Sec. 71. RETROACTIVITY OF SEC. 64. Section 64 of this Act is retroactive to 09 January 1, 1993. 10 * Sec. 72. The amendments to AS 13.26.410(a) made by sec. 33 of this Act have the effect 11 of amending Alaska Rule of Probate Procedure 16(d) by providing for compensation for 12 guardian's services without an order of the court. 13 * Sec. 73. Sections 67 - 71 of this Act take effect immediately under AS 01.10.070(c). 14 * Sec. 74. Sections 33 - 35, 44 - 66, and 72 of this Act take effect July 1, 1993. 15 * Sec. 75. Sections 1 - 32 of this Act take effect December 31, 1993. 16 * Sec. 76. Sections 36 - 43 of this Act take effect July 1, 1994.