CSHB 162(FIN): "An Act relating to fees charged by certain state agencies; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 162(FIN) 01 "An Act relating to fees charged by certain state agencies; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.10.050(a) is amended to read: 05 (a) A state agency may not charge a fee for the provision of state services 06 unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation 07 is necessary, is set by or provided for in a regulation that meets the standards of 08 AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency 09 authorized to collect or receive fees, licenses, taxes, or other money belonging to the 10 state shall account for and remit the receipts, less fees to which the collector is entitled 11 by statute or regulation, to the Department of Revenue at least once each month. The 12 commissioner of administration shall separately account under AS 37.05.142 for 13 receipts deposited under this subsection. A fee or other charge that is set by regulation 14 may not exceed the estimated actual costs of the state agency in administering the
01 activity or providing the service unless otherwise provided by the statute under which 02 the regulation is adopted; however, this limitation does not apply to sale or lease of 03 property by a state agency, [OR] fees charged by a resource agency for a designated 04 regulatory service as defined in AS 37.10.058, or fees adopted by the Department of 05 Natural Resources under AS 44.37.025 or 44.37.027. 06 * Sec. 2. AS 43.70.030(a) is amended to read: 07 (a) The [LICENSE] fee for each business license [IS $25] per year is 08 (1) $100 if the business is a sole proprietorship, except that the fee 09 is $50 if the sole proprietor is 65 years of age or older when the sole proprietor 10 applies for the license or the sole proprietor will reach 65 years of age at any time 11 during the year for which the license is issued; 12 (2) $300 if the business is not a sole proprietorship; the businesses 13 covered by this paragraph include a corporation, limited liability company, 14 partnership, limited liability partnership, and limited partnership. 15 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Department of Natural Resources may 18 proceed to adopt regulations in implement the changes made by sec. 1 of this Act. Those 19 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 20 effective date of sec. 1 of this Act. 21 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect July 1, 2003.