CSHB 415(STA): "An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; relating to payments of insurance taxes and fees; relating to time limits on state warrants; amending calculations of terminal leave payments for a state officer or employee; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; relating to the time limitation on payment of state warrants; repealing certain filing statements and bonds for enforcement and collection of certain taxes and relating to service on nonresident taxpayers; and providing for an effective date."
00CS FOR HOUSE BILL NO. 415(STA) 01 "An Act streamlining the functions of state government, including authorizing the 02 commissioner of fish and game to award grants for certain resource activities; 03 allowing agents selling fish and game licenses and tags to retain certain 04 compensation; relating to payments of insurance taxes and fees; relating to time 05 limits on state warrants; amending calculations of terminal leave payments for 06 a state officer or employee; authorizing the Department of Health and Social 07 Services to award grants for certain services for developmentally delayed or 08 disabled children; relating to rabies control and administration of flour and 09 bread standards by the Department of Environmental Conservation; repealing the 10 Athletic Commission, the regulation of boxing and wrestling, the certification of 11 professional geologists, and the Water Resources Board; relating to the time 12 limitation on payment of state warrants; repealing certain filing statements and 13 bonds for enforcement and collection of certain taxes and relating to service on 14 nonresident taxpayers; and providing for an effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 16.05 is amended by adding a new section to read: 03 Sec. 16.05.085. GRANT AUTHORITY. The commissioner may award grants 04 for protecting, maintaining, improving, or extending fish, game, or aquatic plant 05 resources of the state, including making those resources available to the public. The 06 commissioner may adopt regulations to interpret or implement this section. In order 07 to recover all or part of the department's costs of administering the grants, the 08 commissioner may charge a fee to grant applicants and may retain up to 10 percent 09 of a grant award. 10 * Sec. 2. AS 16.05.390 (a) is amended to read: 11 (a) Except as provided in (e) of this section, an agent appointed by the 12 commissioner under AS 16.05.380 to sell licenses and tags is entitled to retain 13 (1) [RETAIN] five percent of the fee that is charged for a license or 14 tag or 25 cents for each license or tag sold, whichever is greater; and 15 (2) compensation of $50 per year or $1 for each license or tag sold 16 during the year, whichever is greater. 17 * Sec. 3. AS 16.05.390(b) is amended to read: 18 (b) Each agent appointed to sell licenses or tags under AS 16.05.380 shall, as 19 directed by the commissioner, transmit the proceeds from the sales of licenses and 20 tags, except the amount authorized to be retained under (a) [(a)(1)] of this section, 21 together with a report of the sales, to the commissioner for deposit in the fish and 22 game fund or the general fund. 23 * Sec. 4. AS 16.05.390(g) is amended to read: 24 (g) The commissioner may assess a penalty against an agent who does not 25 transmit proceeds within the time allowed under (f) of this section. The penalty is 26 equal to one and one-half percent of the amount of proceeds due. The penalty may 27 be assessed for each month or portion of a month that the proceeds are delinquent. 28 [A PENALTY UNDER THIS SUBSECTION SHALL BE WITHHELD FROM THE 29 AGENT'S COMPENSATION UNDER (a)(2) OF THIS SECTION.] 30 * Sec. 5. AS 21.09.210(b) is amended to read: 31 (b) Each insurer, and each formerly authorized insurer with respect to
01 premiums received while an authorized insurer in this state, shall pay a tax on the total 02 direct premium income received during the year ending on the preceding December 31 03 and paid for the insurance of property or risks resident or located in the state other 04 than wet marine and transportation insurance, after deducting from the total direct 05 premium income the applicable cancellations, returned premiums, the unabsorbed 06 portion of any deposit premium, all policy dividends, unabsorbed premiums refunded 07 to policyholders, refunds, savings, savings coupons, and other similar returns paid or 08 credited to policyholders with respect to their policies. No deductions may be made 09 of cash surrender value of policies. Considerations received on annuity contracts are 10 not included in the direct premium income and are not subject to tax. The tax shall 11 be paid to the director at least annually, but not more often than once each quarter, 12 on the dates specified by the director and by the electronic or other payment 13 method designated by the director. The tax [OR BEFORE MARCH 1, AND] is 14 computed at the rate of 15 (1) for domestic and foreign insurers, except hospital and medical 16 service corporations, 2.7 percent; 17 (2) for hospital and medical service corporations, six percent of their 18 gross premiums less claims paid. 19 * Sec. 6. AS 21.09.210(d) is amended to read: 20 (d) An authorized insurer shall, with respect to all wet marine and 21 transportation contracts written in this state during the preceding calendar year, on or 22 before March 1 of each year, pay to the director a tax of three-quarters of one percent 23 on its gross underwriting profit. The director shall specify the dates that payment 24 is due and the electronic or other method by which payment is to be made. The 25 gross underwriting profit is computed by deducting from the net premiums on wet 26 marine and transportation insurance contracts, the net losses paid during the calendar 27 year under the contracts. In the case of an insurer issuing participating contracts, the 28 gross underwriting profit may not include, for computation of the tax prescribed by 29 this section, the amounts refunded or paid as participation dividends by the insurers 30 to the holders of the contracts. In this subsection, 31 (1) "net losses" means gross losses less salvage and recoveries on
01 reinsurance ceded; 02 (2) "net premiums" means gross premiums less all return premiums and 03 premiums for reinsurance. 04 * Sec. 7. AS 21.34.180(b) is amended to read: 05 (b) The surplus lines tax [IS DUE ON THE SECOND DAY OF MARCH 06 FOLLOWING THE CALENDAR YEAR IN WHICH THE PREMIUM IS WRITTEN. 07 THE TAX] shall be paid by the electronic or other method and on the due dates 08 specified by the director. The tax shall be [TO AND] reported on forms prescribed 09 by the director, or upon the director's order paid to and reported on forms prescribed 10 by the surplus lines association. 11 * Sec. 8. AS 21.34.190(a) is amended to read: 12 (a) The fee for filing the statement under AS 21.34.180(b) is an amount equal 13 to one percent on gross premium charged less any return premiums as reported on the 14 statement [DURING THE PRECEDING CALENDAR YEAR]. The surplus lines 15 broker shall pay the fee at the time of filing of the statement. 16 * Sec. 9. AS 21.66.110(a) is amended to read: 17 (a) Each [ANNUALLY EACH] title insurance company shall pay [ON OR 18 BEFORE MARCH 1,] a tax of one percent of the amount of gross title insurance 19 premiums received by it including as premium income received from guaranteed 20 certificates of title and other guarantees of title [DURING THE PRECEDING 21 CALENDAR YEAR] covering property in this state, as shown by its electronic or 22 other [ANNUAL] statement to the director. The director shall specify the due dates 23 and the electronic or other method of payment. 24 * Sec. 10. AS 37.05.180 is repealed and reenacted to read: 25 Sec. 37.05.180. TIME LIMITATION ON PAYMENT OF WARRANTS. A 26 warrant upon the state treasury may not be paid unless presented to the Department of 27 Revenue within one year after the date of its issuance. Money that was not paid 28 because a warrant for its payment was not timely presented may not be transferred to 29 another fund except as otherwise specifically provided by law. 30 * Sec. 11. AS 39.20.250(a) is amended to read: 31 (a) Terminal leave for unused personal leave shall be allowed upon separation
01 from service. The payment equals the personal leave balance at the time of 02 separation multiplied by the officer's or employee's annualized hourly rate of pay 03 [COMPENSATION THAT THE OFFICER OR EMPLOYEE WOULD HAVE 04 RECEIVED IF THE OFFICER OR EMPLOYEE HAD REMAINED IN THE 05 SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF UNUSED PERSONAL 06 LEAVE]. A payment of terminal leave to an employee shall be made as a lump sum 07 payment [OR IN INSTALLMENTS OVER A PERIOD OF TIME, AS THE 08 EMPLOYEE ELECTS]. 09 * Sec. 12. AS 43.10.170(b) is amended to read: 10 (b) The service of process shall be made by leaving a copy with the 11 commissioner of commerce and economic development. If legal action is instituted 12 against the nonresident taxpayer, the commissioner of commerce and economic 13 development shall immediately notify the nonresident by sending a copy of the process 14 by registered letter to the [POST OFFICE ADDRESS STATED IN THE AFFIDAVIT 15 ON FILE WITH THE COMMISSIONER OF REVENUE, OR, IF NO ADDRESS IS 16 STATED IN THE AFFIDAVIT, TO THE] last known address of the taxpayer. 17 * Sec. 13. AS 47.20 is amended by adding a new section to read: 18 Sec. 47.20.075. GRANT AUTHORITY. The department may award grants 19 for covered services to children eligible under this chapter. 20 * Sec. 14. AS 47.20.110(a) is amended to read: 21 (a) The department shall adopt regulations necessary to implement this chapter, 22 including regulations 23 (1) for personnel development, including preservice and in-service 24 training programs for providers of early intervention services; 25 (2) to govern resolution of intraagency and interagency disputes about 26 the provision of services under this chapter and the financial responsibility of the 27 respective parties for those services; 28 (3) that ensure that services are provided to children and their families 29 in a timely manner pending the resolution of disputes among public agencies or service 30 providers; 31 (4) providing for due process with respect to the rights of children and
01 parents who are eligible for services under this chapter; the regulations must provide 02 that during the pendency of a complaint about a change in services, the child and 03 family shall continue to receive the prior services unless the state and the family 04 otherwise agree, or, if the complaint relates to an application for initial services, the 05 child and family shall receive the services that are not in dispute; and 06 (5) for the award of grants under this chapter. 07 * Sec. 15. AS 03.05.070; AS 17.07.010, 17.07.020, 17.07.030, 17.07.040, 17.07.050, 08 17.07.060, 17.07.070, 17.07.080, 17.07.090, 17.07.100, 17.07.200, and AS 39.20.250(b) are 09 repealed. 10 * Sec. 16. AS 05.05.010, 05.05.020, 05.05.030, 05.05.040; AS 05.10.010, 05.10.020, 11 05.10.030, 05.10.040, 05.10.050, 05.10.060, 05.10.070, 05.10.080, 05.10.090, 05.10.100, 12 05.10.110, 05.10.120, 05.10.130, 05.10.140, 05.10.150, 05.10.160, 05.10.170; AS 08.01.010(3), 13 08.01.010(32); AS 08.02.011; AS 46.15.190, 46.15.200, 46.15.210, 46.15.220, 46.15.230, and 14 46.15.240 are repealed. 15 * Sec. 17. AS 16.05.390(c), 16.05.390(d); AS 43.10.160, 43.10.180, 43.10.190, and 16 43.10.200 are repealed. 17 * Sec. 18. TRANSITION: PAYMENT AND REPORTING FOR TAXES ON 18 INSURANCE PREMIUMS FOR CALENDAR YEAR 1996. Notwithstanding the amendments 19 made by secs. 5 - 9 of this Act, payment of and reporting for fees and taxes for calendar year 20 1996 as required under AS 21.09.210(b), 21.09.210(d), AS 21.34.180(b), 21.34.190(a), and 21 AS 21.66.110(a) as those statutes read on the day before the effective date of secs. 5 - 9 of 22 this Act shall be made as required under those statutes, and regulations adopted under those 23 statutes, as they read on the day before the effective date of secs. 5 - 9 of this Act. 24 * Sec. 19. TRANSITION: REGULATIONS. Notwithstanding secs. 22 and 23 of this Act, 25 the state agencies affected by this Act may adopt, amend, or repeal regulations as necessary 26 to implement this Act. A regulation change takes effect under AS 44.62 (Administrative 27 Procedure Act), but not before the effective date of the appropriate section in this Act. 28 * Sec. 20. APPLICABILITY. The provisions of AS 37.05.180, as repealed and reenacted 29 by sec. 10 of this Act, apply to a state warrant issued on or after the effective date of sec. 10 30 of this Act. 31 * Sec. 21. Sections 11, 15, and 19 of this Act take effect immediately under
01 AS 01.10.070(c). 02 * Sec. 22. Sections 1, 10, 13, 14, 16, and 20 of this Act take effect July 1, 1996. 03 * Sec. 23. Sections 2 - 9, 12, 17, and 18 of this Act take effect January 1, 1997.