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HB 314: "An Act relating to occupational licensing fees; and providing for an effective date."

00 HOUSE BILL NO. 314 01 "An Act relating to occupational licensing fees; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.065(a) is amended to read: 04 (a) Except for business licenses, the department shall adopt regulations that 05 establish the amount and manner of payment of application fees, examination fees, 06 license fees, registration fees, permit fees, [INVESTIGATION FEES,] and all other 07 fees as appropriate for the occupations covered by this chapter. 08 * Sec. 2. AS 08.01.065(c) is amended to read: 09 (c) Except as provided in (f) - (k) of this section, the department shall establish 10 fee levels under (a) of this section so that the total amount of fees collected for an 11 occupation approximately equals the actual regulatory costs for the occupation. The 12 department shall annually review each fee level to determine whether the regulatory 13 costs of each occupation are approximately equal to fee collections related to that 14 occupation. If the review indicates that an occupation's fee collections and regulatory 15 costs are not approximately equal, the department shall calculate fee adjustments and

01 adopt regulations under (a) of this section to implement the adjustments. In January of 02 each year, the department shall report on all fee levels and revisions for the previous 03 year under this subsection to the office of management and budget. If a board 04 regulates an occupation covered by this chapter, the department shall consider the 05 board's recommendations concerning the occupation's fee levels and regulatory costs 06 before revising fee schedules to comply with this subsection. [IN THIS 07 SUBSECTION, "REGULATORY COSTS" MEANS COSTS OF THE 08 DEPARTMENT THAT ARE ATTRIBUTABLE TO REGULATION OF AN 09 OCCUPATION PLUS 10 (1) ALL EXPENSES OF THE BOARD THAT REGULATES THE 11 OCCUPATION IF THE BOARD REGULATES ONLY ONE OCCUPATION; 12 (2) THE EXPENSES OF A BOARD THAT ARE ATTRIBUTABLE 13 TO THE OCCUPATION IF THE BOARD REGULATES MORE THAN ONE 14 OCCUPATION.] 15 * Sec. 3. AS 08.01.065 is amended by adding a new subsection to read: 16 (l) In this section, "regulatory costs" means costs of the department that are 17 attributable to regulation of an occupation, including all expenses of a board that 18 regulates the occupation if the board regulates only one occupation or the expenses of 19 a board that are attributable to the occupation if the board regulates more than one 20 occupation. In this section, "regulatory costs" does not include costs attributable to 21 disciplinary investigations and actions involving a person engaged in an unlicensed 22 practice or legal and actual costs associated with complaints, hearings, mediation, and 23 settlement. 24 * Sec. 4. AS 08.13.185(b) is amended to read: 25 (b) The department shall set fees under AS 08.01.065 for examination [AND 26 INVESTIGATION]. 27 * Sec. 5. AS 08.61.090 is amended to read: 28 Sec. 08.61.090. Fees. The department shall set fees under AS 08.01.065 for 29 application, license issuance, and license renewal [, AND INVESTIGATION] under 30 this chapter. 31 * Sec. 6. AS 08.62.040(a) is amended to read:

01 (a) The board shall 02 (1) provide for the maintenance of efficient and competent pilotage 03 service on the inland and coastal water of and adjacent to the state to assure the 04 protection of shipping, the safety of human life and property, and the protection of the 05 marine environment; 06 (2) consistent with the law, adopt regulations, subject to AS 44.62 07 (Administrative Procedure Act), establishing the qualifications of and required 08 training for pilots and providing for the examination of pilots and the issuance of 09 original or renewal pilot licenses to qualified persons; 10 (3) keep a register of licensed pilots, licensed deputy pilots, and 11 agents; 12 (4) adopt regulations establishing 13 (A) pilotage regions in the state; 14 (B) the criteria for concurring in the amount of license, 15 application, training, [INVESTIGATION,] and audit fees proposed by the 16 department under AS 08.01.065; 17 (C) the criteria for recognizing pilot organizations under 18 AS 08.62.175; 19 (5) make available, upon request, copies of this chapter and the 20 regulations adopted under this chapter; 21 (6) review and approve the articles, bylaws, and rules of pilot 22 organizations; 23 (7) audit a pilot organization or an individual pilot as necessary to 24 implement and enforce this chapter; 25 (8) review and approve training programs conducted by pilot 26 organizations; the board shall cooperate with the Department of Environmental 27 Conservation in the review and approval of training programs for pilots of tank 28 vessels; 29 (9) establish and publish the dates of future license examinations; and 30 (10) approve or disapprove rates for pilotage services as provided 31 under AS 08.62.046.

01 * Sec. 7. AS 08.62.140(a) is amended to read: 02 (a) The department shall set fees under AS 08.01.065 for applications, 03 licenses, agent registrations, [INVESTIGATIONS,] audits, and training. 04 * Sec. 8. AS 08.70.150 is amended to read: 05 Sec. 08.70.150. Fees. The department shall set fees under AS 08.01.065 for 06 examination and evaluation [INVESTIGATION] of persons applying for a license, 07 initial license, and license renewal. 08 * Sec. 9. AS 08.80.160 is amended to read: 09 Sec. 08.80.160. Fees. The Department of Commerce, Community, and 10 Economic Development shall set fees under AS 08.01.065 for the following: 11 (1) examination; 12 (2) reexamination; 13 (3) evaluation [INVESTIGATION] for licensing by license transfer; 14 (4) pharmacist license; 15 (5) temporary license; 16 (6) pharmacy technician license; 17 (7) pharmacy intern license; 18 (8) emergency permit; 19 (9) license amendment or replacement; 20 (10) licensure of a facility classified under AS 08.80.157(b). 21 * Sec. 10. AS 08.98.190 is amended to read: 22 Sec. 08.98.190. Fees. The department shall set fees under AS 08.01.065 for the 23 following: 24 (1) application; 25 (2) examination; 26 (3) evaluation [INVESTIGATION] of credentials; 27 (4) license; 28 (5) license renewal; 29 (6) temporary license; 30 (7) temporary permit. 31 * Sec. 11. This Act takes effect July 1, 2024.