Section 37.10.050. Charges by state agencies; collection, accounting, and deposit of state money.

   (a) A state agency may not charge a fee for the provision of state services unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation is necessary, is set by or provided for in a regulation that meets the standards of AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency authorized to collect or receive fees, licenses, taxes, or other money belonging to the state shall account for and remit the receipts, less fees to which the collector is entitled by statute or regulation, to the Department of Revenue at least once each month. The commissioner of administration shall separately account under AS 37.05.142 for receipts deposited under this subsection. A fee or other charge that is set by regulation may not exceed the estimated actual costs of the state agency in administering the activity or providing the service unless otherwise provided by the statute under which the regulation is adopted; however, this limitation does not apply to sale or lease of property by a state agency, fees charged by a resource agency for a designated regulatory service as defined in AS 37.10.058, fees adopted by the Department of Natural Resources under AS 41.21.026(f), AS 44.37.025, and 44.37.027, or fees, rents, tolls, and other charges established or levied by the Department of Transportation and Public Facilities for the use of the Knik Arm bridge and appurtenant facilities.
   (b) Money collected for the state shall be deposited by the collector in the nearest bank to the account of the Department of Revenue when the Department of Revenue directs this to be done.
   (c) Except as provided in AS 37.10.052(a), each state agency shall annually review fees collected by the agency. By October 1, each state agency shall submit a report to the office of management and budget regarding existing fee levels set by the agency by regulation and adjustments made to fee levels by the agency during the previous fiscal year, and recommended adjustments in fees set by statute that the agency collects. Each year by December 15, the office of management and budget shall submit a report to the Legislative Budget and Audit Committee summarizing the reports and recommendations and the extent to which the fee adjustments have been incorporated in the governor's budget. Within five days after the convening of each regular session of the legislature, the committee shall prepare a report on the status of fee regulations and making recommendations for changes in regulations or statutes as appropriate. The committee shall notify the legislature that the report is available.

Authorities

2.15.090;16.05.050;16.43.511;17.30.200;18.50.272;19.65.070;23.15.630;23.15.835;25.24.310;37.05.142;37.05.289;37.10.052;37.10.058;44.46.025;46.14.240;46.15.020;47.05.080;47.05.200

Notes

Recent Bills that will modify this

SB 101 STATE PARKS FEES & SALES OF MERCHANDISE

Implemented As

11 AAC 05.010
18 AAC 50.400
18 AAC 50.403
18 AAC 50.499
18 AAC 90.850
18 AAC 90.860

References

AS 2.15.090 .090">Sec. 02.15.090. Operation and use privileges; fees and charges.
AS 16.05.050 Powers and duties of commissioner.
AS 16.43.511 Vessel permit fees.
AS 17.30.200 Controlled substance prescription database. [See delayed amendment notes]..
AS 18.50.272 Heirloom certificates of marriage suitable for display.
AS 19.65.070 Revenue accounting.
AS 23.15.630 Special employee unemployment credit and contributions for program.
AS 23.15.835 Special employee unemployment contributions for program.
AS 25.24.310 Representation of minor.
AS 37.05.142 Accounting for program receipts.
AS 37.05.289 State insurance catastrophe reserve account.
AS 37.10.052 Fees levied by resource agencies for designated regulatory services; negotiated service agreements.
AS 37.10.058 Definitions.
AS 44.46.025 Fees for services.
AS 46.14.240 Permit administration fees.
AS 46.15.020 Authority and duties of the commissioner.
AS 47.05.080 Recovery of overpayments.
AS 47.05.200 Annual audits.

History

(Sec. 2 ch 24 SLA 1953; am Sec. 8 art III ch 82 SLA 1955; am Sec. 5 ch 186 SLA 1957; am Sec. 1 ch 115 SLA 1968; am Sec. 1 ch 138 SLA 1986; am Sec. 2 ch 36 SLA 1990; am Sec. 10 ch 2 FSSLA 1992; am Sec. 35 ch 126 SLA 1994; am Sec. 60 ch 21 SLA 1995; am Sec. 1 ch 59 SLA 2000; am Sec. 1 ch 47 SLA 2003; am Sec. 13 ch 34 SLA 2007; am Sec. 11 ch 51 SLA 2014; am Sec. 2 ch 26 SLA 2016)