CSHB 292(JUD): "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; providing for the use of criminal justice information and records by the Alcoholic Beverage Control Board; making certain conforming amendments; and providing for an effective date."
00CS FOR HOUSE BILL NO. 292(JUD) 01 "An Act adopting the National Crime Prevention and Privacy Compact; making 02 criminal justice information available to interested persons and criminal history 03 record information available to the public; providing for the use of criminal 04 justice information and records by the Alcoholic Beverage Control Board; making 05 certain conforming amendments; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.06 is amended by adding a new section to read: 08 Sec. 04.06.095. Criminal justice information and records. (a) The board 09 shall require a person filing or executing an application for the issuance, renewal, or 10 transfer of a license under this title to be fingerprinted. The board shall submit the 11 fingerprints to the Department of Public Safety to obtain a report of criminal justice 12 information under AS 12.62 and a national criminal history record check. The 13 Department of Public Safety is authorized to submit the fingerprints to the Federal 14 Bureau of Investigation for a national criminal history record check. The board shall
01 use the information obtained under this subsection in its determination of the suitability 02 for licensure of the person filing or executing the application. 03 (b) In this section, "criminal justice information" has the meaning given in 04 AS 12.62.900. 05 * Sec. 2. AS 12.62.160(b) is amended to read: 06 (b) Subject to the requirements of this section, and except as otherwise limited 07 or prohibited by other provision of law or court rule, criminal justice information may 08 be released by a criminal justice agency as follows: 09 (1) an assessment or summary of criminal justice information may be 10 provided to a person when, and only to the extent, necessary to avoid imminent danger 11 to life or extensive damage to property; 12 (2) criminal justice information may be provided to a person to the 13 extent required by applicable court rules or under an order of a court of this state, 14 another state, or the United States; 15 (3) criminal justice information may be provided to a person if the 16 information is commonly or traditionally provided by criminal justice agencies in order 17 to identify, locate, or apprehend fugitives or wanted persons or to recover stolen 18 property, or for public reporting of recent arrests, charges, and other criminal justice 19 activity; 20 (4) criminal justice information may be provided to a criminal justice 21 agency for a criminal justice activity; 22 (5) criminal justice information may be provided to a government 23 agency to the extent necessary for enforcement of or for a purpose specifically 24 authorized by state or federal law; 25 (6) criminal justice information may be provided to a person 26 specifically authorized by a state or federal law to receive such information; 27 (7) criminal justice information in aggregate form may be released to 28 a qualified person, as determined by the agency, for criminal justice research, subject 29 to written conditions that assure the security of the information and the privacy of 30 individuals to whom the information relates; 31 (8) current offender information , past conviction information, and
01 criminal identification information except fingerprints, may be provided to a person 02 for any purpose, except that information may not be released if the release of the 03 information would unreasonably compromise the privacy of a minor or vulnerable 04 adult; 05 (9) criminal justice information [PAST CONVICTION 06 INFORMATION MAY BE PROVIDED TO A PERSON FOR ANY PURPOSE IF 07 LESS THAN 10 YEARS HAS ELAPSED FROM THE DATE OF UNCONDITIONAL 08 DISCHARGE TO THE DATE OF THE REQUEST; 09 (10) PAST CONVICTION INFORMATION RELATING TO A 10 SERIOUS OFFENSE] may be provided to an interested person if the information is 11 requested for the purpose of determining whether to grant a person supervisory or 12 disciplinary power over a minor or dependent adult; and 13 (10) [(11)] criminal justice information may be provided to the person 14 who is the subject of the information. 15 * Sec. 3. AS 12 is amended by adding a new chapter to read: 16 Chapter 64. National Crime Prevention and Privacy Compact. 17 Sec. 12.64.010. Compact enacted. The National Crime Prevention and 18 Privacy Compact as contained in this section is enacted into law and entered into on 19 behalf of the State of Alaska with any other states legally joining in it in a form 20 substantially as follows: 21 The contracting parties agree to the following: 22 OVERVIEW 23 (a) In general. This Compact organizes an electronic information sharing 24 system among the federal government and the states to exchange criminal history 25 records for noncriminal justice purposes authorized by federal or state law, such as 26 background checks for governmental licensing and employment. 27 (b) Obligations of parties. Under this Compact, the FBI and the party states 28 agree to maintain detailed databases of their respective criminal history records, 29 including arrests and dispositions, and to make them available to the federal 30 government and to party states for authorized purposes. The FBI shall also manage 31 the federal data facilities that provide a significant part of the infrastructure for the
01 system. 02 ARTICLE I. DEFINITIONS 03 In this Compact, unless the context clearly requires otherwise: 04 (1) "attorney general" means the attorney general of the United States; 05 (2) "Compact officer" means 06 (A) with respect to the federal government, an official so 07 designated by the director of the FBI; and 08 (B) with respect to a party state, the chief administrator of the 09 state's criminal history record repository or a designee of the chief 10 administrator who is a regular full-time employee of the repository; 11 (3) "council" means the Compact Council established under Article VI; 12 (4) "criminal history records" 13 (A) means information collected by criminal justice agencies on 14 individuals consisting of identifiable descriptions and notations of arrests, 15 detentions, indictments, or other formal criminal charges, and any disposition 16 arising therefrom, including acquittal, sentencing, correctional supervision, or 17 release; and 18 (B) does not include identification information such as 19 fingerprint records if such information does not indicate involvement of the 20 individual with the criminal justice system; 21 (5) "criminal history record repository" means the state agency 22 designated by the governor or other appropriate executive official or the legislature of 23 a state to perform centralized record keeping functions for criminal history records and 24 services in the state; 25 (6) "criminal justice" includes activities relating to the detection, 26 apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, 27 correctional supervision, or rehabilitation of accused persons or criminal offenders; the 28 administration of criminal justice includes criminal identification activities and the 29 collection, storage, and dissemination of criminal history records; 30 (7) "criminal justice agency" means 31 (A) courts;
01 (B) a governmental agency or any subunit thereof that 02 (i) performs the administration of criminal justice 03 pursuant to a statute or executive order; and 04 (ii) allocates a substantial part of its annual budget to the 05 administration of criminal justice; and 06 (C) federal and state inspectors general offices; 07 (8) "criminal justice services" means services provided by the FBI to 08 criminal justice agencies in response to a request for information about a particular 09 individual or as an update to information previously provided for criminal justice 10 purposes; 11 (9) "criterion offense" means any felony or misdemeanor offense not 12 included on the list of nonserious offenses published periodically by the FBI; 13 (10) "direct access" means access to the National Identification Index 14 by computer terminal or other automated means not requiring the assistance of or 15 intervention by any other party or agency; 16 (11) "executive order" means an order of the President of the United 17 States or the chief executive officer of a state that has the force of law and that is 18 promulgated in accordance with applicable law; 19 (12) "FBI" means the Federal Bureau of Investigation; 20 (13) "Interstate Identification Index System" or "III System" 21 (A) means the cooperative federal-state system for the exchange 22 of criminal history records; 23 (B) includes the National Identification Index, the National 24 Fingerprint File, and to the extent of their participation in such system, the 25 criminal history record repositories of the states and the FBI; 26 (14) "National Fingerprint File" means a database of fingerprints, or 27 other uniquely personal identifying information, relating to an arrested or charged 28 individual maintained by the FBI to provide positive identification of record subjects 29 indexed in the III System; 30 (15) "National Identification Index" means an index maintained by the 31 FBI consisting of names, identifying numbers, and other descriptive information
01 relating to record subjects about whom there are criminal history records in the III 02 System; 03 (16) "national indices" means the National Identification Index and the 04 National Fingerprint File; 05 (17) "nonparty state" means a state that has not ratified this Compact; 06 (18) "noncriminal justice purposes" means uses of criminal history 07 records for purposes authorized by federal or state law other than purposes relating to 08 criminal justice activities, including employment suitability, licensing determinations, 09 immigration and naturalization matters, and national security clearances; 10 (19) "party state" means a state that has ratified this Compact; 11 (20) "positive identification" means a determination, based upon a 12 comparison of fingerprints or other equally reliable biometric identification techniques, 13 that the subject of a record search is the same person as the subject of a criminal 14 history record or records indexed in the III System; identifications based solely upon 15 a comparison of subjects' names or other nonunique identification characteristics or 16 numbers, or combinations thereof, shall not constitute positive identification; 17 (21) "sealed record information" means 18 (A) with respect to adults, that portion of a record that is 19 (i) not available for criminal justice uses; 20 (ii) not supported by fingerprints or other accepted 21 means of positive identification; or 22 (iii) subject to restrictions on dissemination for 23 noncriminal justice purposes pursuant to a court order related to a 24 particular subject or pursuant to a federal or state statute that requires 25 action on a sealing petition filed by a particular record subject; and 26 (B) with respect to juveniles, whatever each state determines is 27 a sealed record under its own law and procedure; 28 (22) "state" means any state, territory, or possession of the United 29 States, the District of Columbia, and the Commonwealth of Puerto Rico. 30 ARTICLE II. PURPOSES 31 The purposes of this Compact are to
01 (1) provide a legal framework for the establishment of a cooperative 02 federal-state system for the interstate and federal-state exchange of criminal history 03 records for noncriminal justice uses; 04 (2) require the FBI to permit use of the National Identification Index 05 and the National Fingerprint File by each party state, and to provide, in a timely 06 fashion, federal and state criminal history records to requesting states, in accordance 07 with the terms of this Compact and with rules, procedures, and standards established 08 by the council under Article VI; 09 (3) require party states to provide information and records for the 10 National Identification Index and the National Fingerprint File and to provide criminal 11 history records, in a timely fashion, to criminal history record repositories of other 12 states and the federal government for noncriminal justice purposes, in accordance with 13 the terms of this Compact and with rules, procedures, and standards established by the 14 council under Article VI; 15 (4) provide for the establishment of a council to monitor the III System 16 operations and to prescribe system rules and procedures for the effective and proper 17 operation of the III System for noncriminal justice purposes; and 18 (5) require the FBI and each party state to adhere to III System 19 standards concerning record dissemination and use, response times, system security, 20 data quality, and other duly established standards, including those that enhance the 21 accuracy and privacy of such records. 22 ARTICLE III. RESPONSIBILITIES OF COMPACT PARTIES 23 (a) FBI responsibilities. The director of the FBI shall 24 (1) appoint an FBI Compact officer who shall 25 (A) administer this Compact within the Department of Justice 26 and among federal agencies and other agencies and organizations that submit 27 search requests to the FBI pursuant to Article V(c); 28 (B) ensure that Compact provisions and rules, procedures, and 29 standards prescribed by the council under Article VI are complied with by the 30 Department of Justice and the federal agencies and other agencies and 31 organizations referred to in Article III(1)(A); and
01 (C) regulate the use of records received by means of the III 02 System from party states when such records are supplied by the FBI directly 03 to other federal agencies; 04 (2) provide to federal agencies and to state criminal history record 05 repositories, criminal history records maintained in its database for the noncriminal 06 justice purposes described in Article IV, including 07 (A) information from nonparty states; and 08 (B) information from party states that is available from the FBI 09 through the III System, but is not available from the party state through the III 10 System; 11 (3) provide a telecommunications network and maintain centralized 12 facilities for the exchange of criminal history records for both criminal justice purposes 13 and the noncriminal justice purposes described in Article IV, and ensure that the 14 exchange of such records for criminal justice purposes has priority over exchange for 15 noncriminal justice purposes; and 16 (4) modify or enter into user agreements with nonparty state criminal 17 history record repositories to require them to establish record request procedures 18 conforming to those prescribed in Article V. 19 (b) State responsibilities. Each party state shall 20 (1) appoint a Compact officer who shall 21 (A) administer this Compact within that state; 22 (B) ensure that Compact provisions and rules, procedures, and 23 standards established by the council under Article VI are complied with in the 24 state; and 25 (C) regulate the in-state use of records received by means of the 26 III System from the FBI or from other party states; 27 (2) establish and maintain a criminal history record repository, which 28 shall provide 29 (A) information and records for the National Identification 30 Index and the National Fingerprint File; and 31 (B) the state's III System-indexed criminal history records for
01 noncriminal justice purposes described in Article IV; 02 (3) participate in the National Fingerprint File; and 03 (4) provide and maintain telecommunications links and related 04 equipment necessary to support the services set forth in this Compact. 05 (c) Compliance with III System standards. In carrying out their responsibilities 06 under this Compact, the FBI and each party state shall comply with III System rules, 07 procedures, and standards duly established by the council concerning record 08 dissemination and use, response times, data quality, system security, accuracy, privacy 09 protection, and other aspects of III System operation. 10 (d) Maintenance of record services. 11 (1) Use of the III System for noncriminal justice purposes authorized 12 in this Compact shall be managed so as not to diminish the level of services provided 13 in support of criminal justice purposes. 14 (2) Administration of Compact provisions shall not reduce the level of 15 service available to authorized noncriminal justice users on the effective date of this 16 Compact. 17 ARTICLE IV. AUTHORIZED RECORD DISCLOSURES 18 (a) State criminal history record repositories. To the extent authorized by 19 section 552a of title 5, United States Code (commonly known as the "Privacy Act of 20 1974"), the FBI shall provide on request criminal history records (excluding sealed 21 records) to state criminal history record repositories for noncriminal justice purposes 22 allowed by federal statute, federal executive order, or a state statute that has been 23 approved by the attorney general and that authorizes national indices checks. 24 (b) Criminal justice agencies and other governmental or nongovernmental 25 agencies. The FBI, to the extent authorized by section 552a of title 5, United States 26 Code (commonly known as the "Privacy Act of 1974"), and state criminal history 27 record repositories shall provide criminal history records (excluding sealed records) to 28 criminal justice agencies and other governmental or nongovernmental agencies for 29 noncriminal justice purposes allowed by federal statute, federal executive order, or a 30 state statute that has been approved by the attorney general, that authorizes national 31 indices checks.
01 (c) Procedures. Any record obtained under this Compact may be used only 02 for the official purposes for which the record was requested. Each Compact officer 03 shall establish procedures, consistent with this Compact, and with rules, procedures, 04 and standards established by the council under Article VI, which procedures shall 05 protect the accuracy and privacy of the records, and shall 06 (1) ensure that records obtained under this Compact are used only by 07 authorized officials for authorized purposes; 08 (2) require that subsequent record checks are requested to obtain current 09 information whenever a new need arises; and 10 (3) ensure that record entries that may not legally be used for a 11 particular noncriminal justice purpose are deleted from the response and, if no 12 information authorized for release remains, an appropriate "no record" response is 13 communicated to the requesting official. 14 ARTICLE V. RECORD REQUEST PROCEDURES 15 (a) Positive identification. Subject fingerprints or other approved forms of 16 positive identification shall be submitted with all requests for criminal history record 17 checks for noncriminal justice purposes. 18 (b) Submission of state requests. Each request for a criminal history record 19 check utilizing the national indices made under any approved state statute shall be 20 submitted through that state's criminal history record repository. A state criminal 21 history record repository shall process an interstate request for noncriminal justice 22 purposes through the national indices only if such request is transmitted through 23 another state criminal history record repository or the FBI. 24 (c) Submission of federal requests. Each request for criminal history record 25 checks utilizing the national indices made under federal authority shall be submitted 26 through the FBI or, if the state criminal history record repository consents to process 27 fingerprint submissions, through the criminal history record repository in the state in 28 which such request originated. Direct access to the National Identification Index by 29 entities other than the FBI and state criminal history records repositories shall not be 30 permitted for noncriminal justice purposes. 31 (d) Fees. A state criminal history record repository or the FBI
01 (1) may charge a fee, in accordance with applicable law, for handling 02 a request involving fingerprint processing for noncriminal justice purposes; and 03 (2) may not charge a fee for providing criminal history records in 04 response to an electronic request for a record that does not involve a request to process 05 fingerprints. 06 (e) Additional search. 07 (1) If a state criminal history record repository cannot positively 08 identify the subject of a record request made for noncriminal justice purposes, the 09 request, together with fingerprints or other approved identifying information, shall be 10 forwarded to the FBI for a search of the national indices. 11 (2) If, with respect to a request forwarded by a state criminal history 12 record repository under paragraph (1), the FBI positively identifies the subject as 13 having a III System-indexed record or records 14 (A) the FBI shall so advise the state criminal history record 15 repository; and 16 (B) the state criminal history record repository shall be entitled 17 to obtain the additional criminal history record information from the FBI or 18 other state criminal history record repositories. 19 ARTICLE VI. ESTABLISHMENT OF A COMPACT COUNCIL 20 (a) Establishment. 21 (1) In general. There is established a council to be known as the 22 "Compact Council," which shall have the authority to promulgate rules and procedures 23 governing the use of the III System for noncriminal justice purposes, not to conflict 24 with FBI administration of the III System for criminal justice purposes. 25 (2) Organization. The council shall 26 (A) continue in existence as long as this Compact remains in 27 effect; 28 (B) be located, for administrative purposes, within the FBI; and 29 (C) be organized and hold its first meeting as soon as 30 practicable after the effective date of this Compact. 31 (b) Membership. The council shall be composed of 15 members, each of
01 whom shall be appointed by the attorney general, as follows: 02 (1) nine members, each of whom shall serve a two-year term, who shall 03 be selected from among the Compact officers of party states based on the 04 recommendation of the Compact officers of all party states, except that, in the absence 05 of the requisite number of Compact officers available to serve, the chief administrators 06 of the criminal history record repositories of nonparty states shall be eligible to serve 07 on an interim basis; 08 (2) two at-large members, nominated by the director of the FBI, each 09 of whom shall serve a three-year term, of whom 10 (A) one shall be a representative of the criminal justice agencies 11 of the federal government and may not be an employee of the FBI; and 12 (B) one shall be a representative of the noncriminal justice 13 agencies of the federal government; 14 (3) two at-large members, nominated by the chair of the council, once 15 the chair is elected pursuant to Article VI(c), each of whom shall serve a three-year 16 term, of whom 17 (A) one shall be a representative of state or local criminal 18 justice agencies; and 19 (B) one shall be a representative of state or local noncriminal 20 justice agencies; 21 (4) one member, who shall serve a three-year term, and who shall 22 simultaneously be a member of the FBI's advisory policy board on criminal justice 23 information services, nominated by the membership of that policy board; 24 (5) one member, nominated by the director of the FBI, who shall serve 25 a three-year term, and who shall be an employee of the FBI. 26 (c) Chair and vice chair. 27 (1) In general. From its membership, the council shall elect a chair and 28 a vice chair of the council, respectively. Both the chair and vice chair of the council 29 (A) shall be a Compact officer, unless there is no Compact 30 officer on the council who is willing to serve, in which case the chair may be 31 an at-large member; and
01 (B) shall serve a two-year term and be reelected to only one 02 additional two-year term. 03 (2) Duties of the vice chair. The vice chair of the council shall serve 04 as the chair of the council in the absence of the chair. 05 (d) Meetings. 06 (1) In general. The council shall meet at least once a year at the call 07 of the chair. Each meeting of the council shall be open to the public. The council 08 shall provide prior public notice in the Federal Register of each meeting of the council, 09 including the matters to be addressed at such meeting. 10 (2) Quorum. A majority of the council or any committee of the council 11 shall constitute a quorum of the council or of such committee, respectively, for the 12 conduct of business. A lesser number may meet to hold hearings, take testimony, or 13 conduct any business not requiring a vote. 14 (e) Rules, procedures, and standards. The council shall make available for 15 public inspection and copying at the council office within the FBI, and shall publish 16 in the Federal Register, any rules, procedures, or standards established by the council. 17 (f) Assistance from FBI. The council may request from the FBI such reports, 18 studies, statistics, or other information or materials as the council determines to be 19 necessary to enable the council to perform its duties under this Compact. The FBI, to 20 the extent authorized by law, may provide such assistance or information upon such 21 a request. 22 (g) Committees. The chair may establish committees as necessary to carry out 23 this Compact and may prescribe their membership, responsibilities, and duration. 24 ARTICLE VII. RATIFICATION OF COMPACT 25 This Compact shall take effect upon being entered into by two or more states as 26 between those states and the federal government. Upon subsequent entering into this 27 Compact by additional states, it shall become effective among those states and the 28 federal government and each party state that has previously ratified it. When ratified, 29 this Compact shall have the full force and effect of law within the ratifying 30 jurisdictions. The form of ratification shall be in accordance with the laws of the 31 executing state.
01 ARTICLE VIII. MISCELLANEOUS PROVISIONS 02 (a) Relation of Compact to certain FBI activities. Administration of this 03 Compact shall not interfere with the management and control of the director of the FBI 04 over the FBI's collection and dissemination of criminal history records and the 05 advisory function of the FBI's advisory policy board chartered under the Federal 06 Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal 07 justice. 08 (b) No authority for nonappropriated expenditures. Nothing in this Compact 09 shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. 10 (c) Relating to Public Law 92-544. Nothing in this Compact shall diminish 11 or lessen the obligations, responsibilities, and authorities of any state, whether a party 12 state or a nonparty state, or of any criminal history record repository or other 13 subdivision or component thereof, under the Departments of State, Justice, and 14 Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 15 92-544) or regulations and guidelines promulgated thereunder, including the rules and 16 procedures promulgated by the council under Article VI(a), regarding the use and 17 dissemination of criminal history records and information. 18 ARTICLE IX. RENUNCIATION 19 (a) In general. This Compact shall bind each party state until renounced by 20 the party state. 21 (b) Effect. Any renunciation of this Compact by a party state shall 22 (1) be effected in the same manner by which the party state ratified this 23 Compact; and 24 (2) become effective 180 days after written notice of renunciation is 25 provided by the party state to each other party state and to the federal government. 26 ARTICLE X. SEVERABILITY 27 The provisions of this Compact shall be severable, and if any phrase, clause, sentence, 28 or provision of this Compact is declared to be contrary to the constitution of any 29 participating state, or to the Constitution of the United States, or the applicability 30 thereof to any government, agency, person, or circumstance is held invalid, the validity 31 of the remainder of this Compact and the applicability thereof to any government,
01 agency, person, or circumstance shall not be affected thereby. If a portion of this 02 Compact is held contrary to the constitution of any party state, all other portions of 03 this Compact shall remain in full force and effect as to the remaining party states and 04 in full force and effect as to the party state affected, as to all other provisions. 05 ARTICLE XI. ADJUDICATION OF DISPUTES 06 (a) In general. The council shall 07 (1) have initial authority to make determinations with respect to any 08 dispute regarding 09 (A) interpretation of this Compact; 10 (B) any rule or standard established by the council pursuant to 11 Article V; and 12 (C) any dispute or controversy between any parties to this 13 Compact; and 14 (2) hold a hearing concerning any dispute described in paragraph (1) 15 at a regularly scheduled meeting of the council and only render a decision based upon 16 a majority vote of the members of the council. Such decision shall be published 17 pursuant to the requirements of Article VI(e). 18 (b) Duties of the FBI. The FBI shall exercise immediate and necessary action 19 to preserve the integrity of the III System, maintain system policy and standards, 20 protect the accuracy and privacy of records, and to prevent abuses, until the council 21 holds a hearing on such matters. 22 (c) Right of appeal. The FBI or a party state may appeal any decision of the 23 council to the attorney general, and thereafter may file suit in the appropriate district 24 court of the United States, which shall have original jurisdiction of all cases or 25 controversies arising under this Compact. Any suit arising under this Compact and 26 initiated in a state court shall be removed to the appropriated district court of the 27 United States in the manner provided by section 1446 of title 28, United States Code, 28 or other statutory authority. 29 * Sec. 4. AS 14.37.140(b) is amended to read: 30 (b) A licensee shall notify the department within 24 hours after having 31 knowledge of a conviction or indictment, presentment, or charging by information or
01 complaint of an administrator, regular volunteer, staff person, or member of the 02 licensee's household for a violation of the following laws or the laws of another 03 jurisdiction with similar elements: 04 (1) offenses against the family and vulnerable adults under AS 11.51; 05 (2) perjury under AS 11.56.200; 06 (3) offenses included in the definition of "serious offense" under 07 AS 47.14.990 [AS 12.62.900]. 08 * Sec. 5. AS 14.37.180(a) is amended to read: 09 (a) In addition to the ground of violation of this chapter or a regulation 10 adopted under this chapter, the department may revoke or decline to renew a license 11 issued under this chapter on one or more of the following grounds: 12 (1) failure to submit a timely and complete renewal application; 13 (2) the indictment or charging by information or complaint, or a 14 criminal conviction within the last 10 years, of the licensee or administrator, member 15 of the licensee's household who is present in the facility at any time the facility is in 16 operation, regular volunteer, or staff person for 17 (A) a felony; 18 (B) a misdemeanor crime of assault, reckless endangerment, 19 contributing to the delinquency of a minor, or misconduct involving a 20 controlled substance; or 21 (C) the crime of perjury, as defined in AS 11 or the laws of 22 another jurisdiction; 23 (3) the conviction, indictment, presentment, or charging of the licensee 24 or an administrator, member of the licensee's household who is present in the facility 25 at any time the facility is in operation, regular volunteer, or staff person at any time 26 for a violation or attempted violation of an offense included in the definitions of 27 "serious offense" under AS 47.14.990 [AS 12.62.900]; 28 (4) obtaining or attempting to obtain or retain a license under this 29 chapter by fraudulent means, misrepresentation, or by submitting false information; 30 (5) failure to correct a violation noted in a report of investigation 31 provided under AS 14.37.150(c) or 14.37.160(b);
01 (6) failure to comply with a final administrative order issued by the 02 department under AS 14.37.170. 03 * Sec. 6. AS 14.37.299(11) is amended to read: 04 (11) "serious offense" has the meaning given in AS 47.14.990 05 [AS 12.62.900]. 06 * Sec. 7. AS 47.14.990(11) is amended to read: 07 (11) "serious offense" means a conviction for a violation or for an 08 attempt, solicitation, or conspiracy to commit a violation of any of the following 09 laws, or of the laws of another jurisdiction with substantially similar elements: 10 (A) a felony offense; 11 (B) a crime involving domestic violence; 12 (C) AS 11.41.410 - 11.41.470; 13 (D) AS 11.51.130; 14 (E) AS 11.61.110(a)(7) or 11.61.125; 15 (F) AS 11.66.100 - 11.66.130; 16 (G) former AS 11.15.120, former 11.15.134, or assault with 17 the intent to commit rape under former AS 11.15.160; or 18 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 19 11.40.420, if committed before January 1, 1980; [HAS THE MEANING 20 GIVEN IN AS 12.62.900.] 21 * Sec. 8. AS 47.17.033(a) is amended to read: 22 (a) In investigating child abuse and neglect reports under this chapter, the 23 department may make necessary inquiries about the criminal records of the parents or 24 of the alleged abusive or neglectful person, including inquiries about the existence of 25 a criminal history record involving a serious offense as defined in AS 47.14.990 26 [AS 12.62.900]. 27 * Sec. 9. AS 47.35.047(b) is amended to read: 28 (b) A licensee shall notify the department within 24 hours after having 29 knowledge of a conviction or indictment, presentment, or charging by information or 30 complaint of an administrator, foster parent, member of the licensee's household, 31 regular volunteer, or staff person for a violation of the following laws or the laws of
01 another jurisdiction with similar elements: 02 (1) offenses against the family and vulnerable adults under AS 11.51; 03 (2) perjury under AS 11.56.200; 04 (3) offenses included in the definition of "serious offense . " [UNDER 05 AS 12.62.900.] 06 * Sec. 10. AS 47.35.900(24) is amended to read: 07 (24) "serious offense" has the meaning given in AS 47.14.990; 08 [AS 12.62.900.] 09 * Sec. 11. AS 12.62.900(23) and 12.62.900(24) are repealed. 10 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 TRANSITION: PENDING APPLICATIONS UNDER AS 04. Notwithstanding 13 AS 04.06.095, enacted by sec. 1 of this Act, the Alcoholic Beverage Control Board may 14 process an application for a license under AS 04 without a national criminal history record 15 check from the Federal Bureau of Investigation if that application was pending with the board 16 on the effective date of sec. 1 of this Act. 17 * Sec. 13. Sections 1 and 12 of this Act take effect immediately under AS 01.10.070(c). 18 * Sec. 14. Except as provided in sec. 13, this Act takes effect September 1, 2000.