CSHB 90(FIN): "An Act relating to occupational licensing fees; relating to an occupational investigation surcharge; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 90(FIN) 01 "An Act relating to occupational licensing fees; relating to an occupational investigation 02 surcharge; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.065(a) is amended to read: 05 (a) Except for business licenses, the department shall adopt regulations that 06 establish the amount and manner of payment of 07 (1) application fees, examination fees, license fees, registration fees, 08 permit fees, [INVESTIGATION FEES,] and all other fees as appropriate for the 09 occupations covered by this chapter; 10 (2) a pro rata investigation surcharge as appropriate for all 11 licensees regulated by this chapter; the regulations may provide for a reduction 12 in the amount of the surcharge imposed under this paragraph for a licensee who 13 is required by law to hold and maintain one license in order to qualify for and 14 maintain another license.
01 * Sec. 2. AS 08.01.065(c) is amended to read: 02 (c) Except as provided in (f) - (i) of this section, the department shall establish 03 fee levels under (a)(1) [(a)] of this section so that the total amount of fees collected for 04 an occupation approximately equals the actual licensing and administrative 05 [REGULATORY] costs for the occupation. The department shall annually review 06 each fee level to determine whether the licensing and administrative 07 [REGULATORY] costs of each occupation are approximately equal to fee collections 08 related to that occupation. If the review indicates that an occupation's fee collections 09 and licensing and administrative [REGULATORY] costs are not approximately 10 equal, the department shall calculate fee adjustments and adopt regulations under 11 (a)(1) [(a)] of this section to implement the adjustments. In January of each year, the 12 department shall report on all fee levels and revisions for the previous year under this 13 subsection to the office of management and budget. If a board regulates an occupation 14 covered by this chapter, the department shall consider the board's recommendations 15 concerning the occupation's fee levels and licensing and administrative 16 [REGULATORY] costs before revising fee schedules to comply with this subsection. 17 [IN THIS SUBSECTION, "REGULATORY COSTS" MEANS COSTS OF THE 18 DEPARTMENT THAT ARE ATTRIBUTABLE TO REGULATION OF AN 19 OCCUPATION PLUS 20 (1) ALL EXPENSES OF THE BOARD THAT REGULATES THE 21 OCCUPATION IF THE BOARD REGULATES ONLY ONE OCCUPATION; 22 (2) THE EXPENSES OF A BOARD THAT ARE ATTRIBUTABLE 23 TO THE OCCUPATION IF THE BOARD REGULATES MORE THAN ONE 24 OCCUPATION.] 25 * Sec. 3. AS 08.01.065(f) is amended to read: 26 (f) Notwithstanding (c) of this section, the department shall establish fee levels 27 under (a)(1) [(a)] of this section so that the total amount of fees collected by the State 28 Board of Registration for Architects, Engineers, and Land Surveyors approximately 29 equals the total licensing and administrative [REGULATORY] costs of the 30 department and the board for all occupations regulated by the board. The department 31 shall set the fee levels for the issuance and renewal of a certificate of registration
01 issued under AS 08.48.211 so that the fee levels are the same for all occupations 02 regulated by the board. 03 * Sec. 4. AS 08.01.065(g) is amended to read: 04 (g) Notwithstanding (c) of this section, the department shall establish fee 05 levels under (a)(1) [(a)] of this section so that the total amount of fees collected by the 06 department for all occupations regulated under AS 08.11 approximately equals the 07 total licensing and administrative [REGULATORY] costs of the department for all 08 occupations regulated by the department under AS 08.11. The department shall set the 09 fee levels for the issuance and renewal of licenses issued under AS 08.11 so that the 10 fee levels are the same for all occupations regulated by the department under 11 AS 08.11. 12 * Sec. 5. AS 08.01.065(h) is amended to read: 13 (h) Notwithstanding (c) of this section, the department shall establish fee 14 levels under (a)(1) [(a)] of this section so that the total amount of fees collected by the 15 Board of Barbers and Hairdressers approximately equals the total licensing and 16 administrative [REGULATORY] costs of the department, the board, and the 17 Department of Environmental Conservation for all occupations regulated by the board. 18 For purposes of this subsection, the licensing and administrative [REGULATORY] 19 costs of the Department of Environmental Conservation for the occupations regulated 20 by the board include the cost of inspections under AS 08.13.210(b), the cost of 21 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing, 22 manicuring, esthetics, body piercing, ear piercing, and tattooing and permanent 23 cosmetic coloring establishments, and the cost to the Department of Environmental 24 Conservation of enforcing those regulations except for the enforcement costs relating 25 to ear piercing establishments. The department shall set the fee levels for the issuance 26 and renewal of a practitioner's license issued under AS 08.13.100 so that the license 27 and license renewal fees are the same for all occupations regulated by the Board of 28 Barbers and Hairdressers. 29 * Sec. 6. AS 08.01.065(i) is amended to read: 30 (i) Notwithstanding (c) of this section, the department shall establish fee levels 31 under (a)(1) [(a)] of this section so that the total amount of fees collected by the
01 Department of Commerce, Community, and Economic Development for specialty 02 contractors, home inspectors, and associate home inspectors approximately equals the 03 total licensing and administrative [REGULATORY] costs of the department for 04 those three registration categories. The department shall set the fee levels for the 05 issuance and renewal of a certificate of registration issued under AS 08.18 so that the 06 fee levels are the same for all three of these registration categories and so that the fee 07 level for a home inspector with a joint registration is not different from the fee level 08 for a home inspector who does not have a joint registration. In this subsection, "joint 09 registration" has the meaning given in AS 08.18.171. 10 * Sec. 7. AS 08.01.065 is amended by adding new subsections to read: 11 (j) The department shall establish an investigation surcharge under (a)(2) of 12 this section so that the surcharge is the same for each licensee and the total amount of 13 surcharges collected for all licensees approximately equals the actual investigation 14 costs for all occupations licensed under this chapter. The department shall annually 15 review the surcharge to determine whether the investigation costs of all occupations 16 are approximately equal to surcharge collections for all licensees. If the review 17 indicates that the investigation surcharge and investigation costs are not approximately 18 equal, the department shall calculate surcharge adjustments and adopt regulations to 19 implement the adjustments. In January of each year, the department shall report on the 20 surcharge and revisions for the previous year to the office of management and budget. 21 (k) In this section, 22 (1) "investigation costs" means costs of the department that are 23 attributable to disciplinary investigations and actions involving a licensee, or a person 24 engaged in unlicensed practice, under this chapter, including legal and actual costs 25 associated with investigations, complaints, hearings, mediation, and other related 26 costs; 27 (2) "licensing and administrative costs" means costs of the department 28 that are attributable to the licensing and administration of an occupation, excluding 29 investigation costs, plus 30 (A) all expenses of the board that regulates the occupation if 31 the board regulates only one occupation;
01 (B) the expenses of a board that are attributable to the 02 occupation if the board regulates more than one occupation. 03 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to an application for initial licensure or licensure 06 renewal under AS 08 submitted on or after January 1, 2018. 07 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 10 Economic Development may immediately adopt regulations necessary to implement the 11 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 12 Procedure Act), but not before January 1, 2018. 13 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 14 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect January 1, 2018.