Enrolled SB 52: Relating to certain functions of the division of banking, securities, and corporations and the division of occupational licensing in the Department of Commerce, Community, and Economic Development; relating to program receipts and record search fees of the Department of Commerce, Community, and Economic Development related to banking, securities, and corporations; and providing for an effective date.
00Enrolled SB 52 01 Relating to certain functions of the division of banking, securities, and corporations and the 02 division of occupational licensing in the Department of Commerce, Community, and 03 Economic Development; relating to program receipts and record search fees of the 04 Department of Commerce, Community, and Economic Development related to banking, 05 securities, and corporations; and providing for an effective date. 06 _______________ 07 * Section 1. AS 08.13.215(c) is amended to read: 08 (c) The owner of a shop for tattooing and permanent cosmetic coloring or for 09 body piercing shall prominently display 10 (1) a copy of the statement provided by the board under 11 AS 08.13.030(b) that advises the public of the health risks and possible consequences 12 of tattooing and permanent cosmetic coloring or body piercing, as applicable; 13 (2) the names, addresses, and telephone numbers of the [DIVISION
01 OF OCCUPATIONAL LICENSING,] Department of Commerce, Community, and 02 Economic Development [,] and the Department of Environmental Conservation and a 03 description of how a complaint about the shop or a practitioner in the shop may be 04 filed with either entity or with the board. 05 * Sec. 2. AS 08.24.260 is amended to read: 06 Sec. 08.24.260. Investigations. The department may, upon its own motion, 07 and shall, upon the sworn complaint in writing of a customer of a collection agency, 08 investigate the actions of a licensee claimed to have violated this chapter and, for that 09 purpose, shall have free access to the offices and place of business and, if the 10 complaint involves customer accounts, to all pertinent books, accounts, records, 11 papers, files, safes, and vaults of the licensee or certificate holder. If the complaint 12 involves the owing of money, or any other thing of value, by a licensee to the 13 complainant, when the licensee raises the issue of an offset or counterclaim, the 14 department [DIVISION] may require the complainant to submit all records and data 15 in the complainant's possession pertaining to the offset or counterclaim. 16 * Sec. 3. AS 08.26.180 is amended to read: 17 Sec. 08.26.180. Exemption. A financial institution regulated by the federal 18 government or a financial institution regulated under AS 06 by the [DIVISION IN 19 THE] department [THAT REGULATES BANKING, SECURITIES, AND 20 CORPORATIONS,] is not required to be licensed under this chapter in order to 21 engage in the business of providing services as a guardian or a conservator or be 22 appointed as a private professional guardian or a private professional conservator by a 23 court. In this subsection, "financial institution" does not include a person who is 24 exempt under AS 06.26.020 or who has received an exemption under AS 06.26.200. 25 * Sec. 4. AS 08.32.071 is amended to read: 26 Sec. 08.32.071. Renewal of registration. At least 60 days before expiration 27 of a licensee's registration certificate, the Department of Commerce, Community, 28 and Economic Development [DIVISION OF OCCUPATIONAL LICENSING] shall 29 mail a form for renewal of registration to each licensed dental hygienist. Each 30 licensee who wishes to renew a registration certificate shall complete the form and 31 return it with the appropriate fee and evidence of continued professional competence
01 as required by the board. The Department of Commerce, Community, and 02 Economic Development [DIVISION OF OCCUPATIONAL LICENSING] shall, as 03 soon as practicable, issue a registration certificate valid for a stated number of years. 04 Each licensee shall keep the registration certificate beside or attached to the licensee's 05 license. Failure to receive the registration form does not exempt a licensee from 06 renewing registration. 07 * Sec. 5. AS 08.36.190 is amended to read: 08 Sec. 08.36.190. Grading of examination. Upon the conclusion of the written 09 examination and as soon as practicable, the papers shall be rated by an examiner. The 10 examiner shall prepare a report in duplicate on each written examination and a report 11 in duplicate on each practical examination. The examiner shall forward one copy of 12 each report on each candidate to the secretary of the board and one copy to the 13 department [DIVISION OF OCCUPATIONAL LICENSING]. The secretary shall 14 prepare a composite report on each applicant and file one copy of that report with the 15 department [DIVISION OF OCCUPATIONAL LICENSING]. As soon as 16 practicable, the department [DIVISION OF OCCUPATIONAL LICENSING] shall 17 notify each candidate of the results of the examination. 18 * Sec. 6. AS 08.36.230 is amended to read: 19 Sec. 08.36.230. Practice outside the state. A dentist licensed to practice in 20 this state and residing and practicing dentistry outside this state may maintain 21 eligibility to practice in this state by registering the dentist's name and place of 22 residence with the department [DIVISION OF OCCUPATIONAL LICENSING] 23 every four years and submitting proof of continued professional competence as 24 required by the board. If the dentist fails to register, the board may reinstate the 25 dentist's license without examination upon payment of applicable fees established by 26 regulations adopted under AS 08.01.065, payment of a penalty established under 27 AS 08.01.100(b), presentation of proof of continued professional competence, and 28 presentation of proof of active practice certified by the dental board having 29 jurisdiction or, if there is no board with jurisdiction, by evidence satisfactory to the 30 board. 31 * Sec. 7. AS 08.36.250(a) is amended to read:
01 (a) At least 60 days before expiration of a licensee's registration certificate, the 02 department [DIVISION OF OCCUPATIONAL LICENSING] shall mail a form for 03 renewal of registration to each licensed dentist. A licensee who wishes to renew a 04 license shall complete the form and return it with the appropriate fee and evidence of 05 continued professional competence as required by the board. The department 06 [DIVISION OF OCCUPATIONAL LICENSING] shall, as soon as practicable, issue a 07 registration certificate valid for a stated number of years. A licensee shall keep the 08 registration certificate beside or attached to the licensee's license. Failure to receive 09 the registration form does not exempt a licensee from renewing registration. 10 * Sec. 8. AS 08.45.020 is amended to read: 11 Sec. 08.45.020. Application for license. A person desiring to practice 12 naturopathy shall apply in writing to the department [DIVISION OF 13 OCCUPATIONAL LICENSING OF THE DEPARTMENT OF COMMERCE, 14 COMMUNITY, AND ECONOMIC DEVELOPMENT]. 15 * Sec. 9. AS 08.45.030 is amended to read: 16 Sec. 08.45.030. Issuance of license. The department [DIVISION] shall 17 issue a license to practice naturopathy to an applicant who provides proof satisfactory 18 to the department [DIVISION] that the applicant has received a degree from an 19 accredited four-year college or university, and 20 (1) on or before December 31, 1987, has graduated from a school of 21 naturopathy that required four years of attendance at the school and after graduation 22 has received a license in another state after passing an examination for licensure in 23 that state and is licensed by a state at the time of application; or 24 (2) after December 31, 1987, has 25 (A) graduated from a school of naturopathy that required four 26 years of attendance at the school and at the time of graduation the school was 27 accredited or a candidate for accreditation by the Council on Naturopathic 28 Medical Education or a successor organization recognized by the United States 29 Department of Education; and 30 (B) passed the Naturopathic Physicians Licensing Examination. 31 * Sec. 10. AS 08.45.035(a) is amended to read:
01 (a) The department [DIVISION] shall issue a temporary license to practice 02 naturopathy to an applicant who has applied for and is qualified to take the next 03 Naturopathic Physicians Licensing Examination offered after the date of application 04 and provides proof satisfactory to the department [DIVISION] that the applicant 05 (1) meets the requirements of AS 08.45.030(2)(A); and 06 (2) has not previously failed the Naturopathic Physicians Licensing 07 Examination. 08 * Sec. 11. AS 08.45.060 is amended to read: 09 Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a 10 license. The department [DIVISION] may, after a hearing, impose a disciplinary 11 sanction on a person licensed under this chapter when the department [DIVISION] 12 finds that the licensee 13 (1) secured a license through deceit, fraud, or intentional 14 misrepresentation; 15 (2) engaged in deceit, fraud, or intentional misrepresentation in the 16 course of providing professional services or engaging in professional activities; 17 (3) advertised professional services in a false or misleading manner; 18 (4) has been convicted of a felony or other crime that affects the 19 licensee's ability to continue to practice competently and safely; 20 (5) failed to comply with this chapter, with a regulation adopted under 21 this chapter, or with an order of the department [DIVISION]; 22 (6) continued to practice after becoming unfit due to 23 (A) professional incompetence; 24 (B) addiction or severe dependency on alcohol or a drug that 25 impairs the licensee's ability to practice safely; 26 (C) physical or mental disability; 27 (7) engaged in lewd or immoral conduct in connection with the 28 delivery of professional service to patients. 29 * Sec. 12. AS 08.45.070 is amended to read: 30 Sec. 08.45.070. Disciplinary sanctions. (a) When it finds that a licensee 31 under this chapter has violated AS 08.45.040 - 08.45.050 or is guilty of an offense
01 under AS 08.45.060, the department [DIVISION] may impose the following 02 sanctions singly or in combination: 03 (1) permanently revoke the license to practice; 04 (2) suspend the license for a determinate period of time; 05 (3) censure the licensee; 06 (4) issue a letter of reprimand to the licensee; 07 (5) place the licensee on probationary status and require the licensee to 08 (A) report regularly to the department [DIVISION] upon 09 matters involving the basis of probation; 10 (B) limit practice to those areas prescribed; 11 (C) continue professional education until a satisfactory degree 12 of skill has been attained in areas determined by the department [DIVISION] 13 to need improvement; 14 (6) impose limitations or conditions on the practice of the licensee. 15 (b) The department [DIVISION] may withdraw probationary status of a 16 licensee if it finds that the deficiencies that required the sanction have been remedied. 17 (c) The department [DIVISION] may summarily suspend a license before 18 final hearing or during the appeals process if the department [DIVISION] finds that 19 the licensee poses a clear and immediate danger to the public health and safety if the 20 licensee continues to practice. A licensee whose license is suspended under this 21 section is entitled to a hearing by the department not [DIVISION NO] later than 22 seven days after the effective date of the order. The licensee may appeal the 23 suspension after a hearing to a court of competent jurisdiction. 24 * Sec. 13. AS 08.45.070(c), as amended by sec. 14, ch. 163, SLA 2004, is further amended 25 to read: 26 (c) The department [DIVISION] may summarily suspend a license before 27 final hearing or during the appeals process if the department [DIVISION] finds that 28 the licensee poses a clear and immediate danger to the public health and safety if the 29 licensee continues to practice. A licensee whose license is suspended under this 30 section is entitled to a hearing conducted by the office of administrative hearings 31 (AS 44.64.010) not later than seven days after the effective date of the order. The
01 licensee may appeal the suspension after a hearing to a court of competent jurisdiction. 02 * Sec. 14. AS 08.45.200 is amended by adding a new paragraph to read: 03 (4) "department" means the Department of Commerce, Community, 04 and Economic Development. 05 * Sec. 15. AS 08.64.050 is amended to read: 06 Sec. 08.64.050. Oath of office. Each member shall take an oath of office. 07 The oath shall be filed and preserved in the [DIVISION OF OCCUPATIONAL 08 LICENSING OF THE] department. 09 * Sec. 16. AS 10.13.810(b) is amended to read: 10 (b) The department may appoint as conservator one of the employees of the 11 [DIVISION OF BANKING, SECURITIES, AND CORPORATIONS OF THE] 12 department or another competent and disinterested person. The department 13 [DIVISION] shall be reimbursed out of the assets of the conservatorship for all money 14 expended by the department [DIVISION] in connection with the conservatorship. 15 Upon the approval of the department, the expenses of the conservatorship paid for by 16 the department [DIVISION] shall be paid out of the assets of the licensee. Payment 17 of the department [DIVISION] expenses shall take priority over other payments from 18 the assets and shall be fully paid before a final distribution is made. 19 * Sec. 17. AS 10.20.530 is amended to read: 20 Sec. 10.20.530. Service on commissioner. When a foreign corporation 21 authorized to transact business in the state, or not authorized to transact business in the 22 state but doing so, fails to appoint or maintain a registered agent in the state, or when a 23 registered agent cannot with reasonable diligence be found at the registered office, or 24 when the certificate of authority of a foreign corporation is suspended or revoked, the 25 commissioner is an agent upon whom process, notice, or demand may be served. 26 Service on the commissioner shall be made by delivering to and leaving with the 27 commissioner, or the commissioner's [A] designee [IN THE CORPORATION 28 DIVISION OF THE DEPARTMENT], duplicate copies of the process, notice, or 29 demand, accompanied by a fee established by the department by regulation. The 30 commissioner shall immediately have one copy forwarded by registered or certified 31 mail, addressed to the corporation at its principal office in the state or country under
01 whose laws it is incorporated. Service on the commissioner is returnable in not less 02 than 30 days. 03 * Sec. 18. AS 13.36.145(b) is amended to read: 04 (b) The separate fund of securities required by (a)(2) of this section shall be 05 marked as a separate fund for (a)(2) of this section. Withdrawals from or additions to 06 the separate fund may be made from time to time, as long as the required value is 07 maintained. The income of the securities in the separate fund belongs to the corporate 08 trustee. In the statements of its financial condition published or delivered to the 09 [DIVISION OF BANKING, SECURITIES, AND CORPORATIONS IN THE] 10 Department of Commerce, Community, and Economic Development, the corporate 11 trustee shall show as separate items the amount of trust funds that it has deposited with 12 itself and the amount of securities that it holds as security for the payment of the 13 deposits. 14 * Sec. 19. AS 18.18.100(n) is amended to read: 15 (n) A hospice program may not use a direct service provider whose name is 16 listed on an abuse registry maintained by the department [DEPARTMENT OF 17 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT, DIVISION 18 OF OCCUPATIONAL LICENSING]. A hospice program shall contact the 19 department [THE DIVISION] for a determination of whether a prospective direct 20 service provider's name is on an abuse registry maintained by the department [THE 21 DIVISION] and may not allow the person to provide hospice services until the 22 department [THE DIVISION] has responded to the inquiry. The department 23 [DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC 24 DEVELOPMENT] may adopt regulations to implement this subsection. In this 25 subsection, "department" means the Department of Commerce, Community, and 26 Economic Development. 27 * Sec. 20. AS 34.80.090(4) is amended to read: 28 (4) "financial institution" means a financial institution 29 (A) whose accounts are insured by an agency of the federal 30 government; 31 (B) that is located in this state and does not meet the
01 requirements of (A) of this paragraph, but is subject to regulation by the 02 [DIVISION OF BANKING, SECURITIES AND CORPORATIONS IN THE] 03 Department of Commerce, Community, and Economic Development; or 04 (C) that is located in another state and does not meet the 05 requirements of (A) of this paragraph, but is subject to regulation in the other 06 state by an agency comparable to the [DIVISION OF BANKING, 07 SECURITIES AND CORPORATIONS IN THE] Department of Commerce, 08 Community, and Economic Development; 09 * Sec. 21. AS 37.05.146(c)(34) is amended to read: 10 (34) receipts of the [DIVISION OF THE] Department of Commerce, 11 Community, and Economic Development from its functions relating to [THAT 12 REGULATES] banking, securities, and corporations; 13 * Sec. 22. AS 40.25.110(e) is amended to read: 14 (e) Notwithstanding other provisions of this section to the contrary, the Bureau 15 of Vital Statistics and the library archives in the Department of Education and Early 16 Development may continue to charge the same fees that they were charging on 17 September 25, 1990, for performing record searches, and may increase the fees as 18 necessary to recover agency expenses on the same basis that was used by the agency 19 immediately before September 25, 1990. Notwithstanding other provisions of this 20 section to the contrary, the [DIVISION OF BANKING, SECURITIES, AND 21 CORPORATIONS IN THE] Department of Commerce, Community, and Economic 22 Development may continue to charge the same fees that the former Department of 23 Commerce and Economic Development was charging on July 1, 1999, for performing 24 record searches for matters related to banking, securities, and corporations, and 25 may increase the fees as necessary to recover agency expenses on the same basis that 26 was used by the former Department of Commerce and Economic Development 27 immediately before July 1, 1999. 28 * Sec. 23. AS 46.03.375(a) is amended to read: 29 (a) The department shall adopt regulations governing the certification of 30 persons who install, test, close, repair, or significantly change the configuration of 31 underground petroleum storage tanks and tank systems. The certification program
01 shall be administered by the [DIVISION OF OCCUPATIONAL LICENSING,] 02 Department of Commerce, Community, and Economic Development. In consultation 03 with the Department of Environmental Conservation, the Department of Commerce, 04 Community, and Economic Development [DIVISION] shall make every reasonable 05 attempt to ensure that opportunities for obtaining certification under this section are 06 available throughout the state. The Department of Commerce, Community, and 07 Economic Development [DIVISION] shall organize presentation of national training 08 courses that are available in the state and assist residents of isolated communities who 09 request assistance in becoming certified. The Department of Commerce, 10 Community, and Economic Development [DIVISION] may contract with the 11 University of Alaska, a vocational technical school, or a regional nonprofit 12 organization to provide the education and testing necessary for certification. 13 * Sec. 24. AS 46.03.375(b) is amended to read: 14 (b) The Department of Commerce, Community, and Economic 15 Development [DIVISION] shall establish fees applicable to certification under this 16 section in an amount necessary to cover the costs of the certification program. The 17 fees shall be collected by the Department of Commerce, Community, and 18 Economic Development [DIVISION]. 19 * Sec. 25. AS 08.45.200(2) and AS 46.03.375(g)(2) are repealed. 20 * Sec. 26. Section 13 of this Act takes effect on the effective date of sec. 14, ch. 163, SLA 21 2004. 22 * Sec. 27. Except as provided in sec. 26 of this Act, this Act takes effect immediately under 23 AS 01.10.070(c).