HB 120: "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."
00 HOUSE BILL NO. 120 01 "An Act adopting the National Crime Prevention and Privacy Compact; making 02 criminal justice information available to interested persons and criminal history record 03 information available to the public; providing for the use of criminal justice information 04 and records by the Alcoholic Beverage Control Board; making certain conforming 05 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
01 Bureau of Investigation for a national criminal history record check. The board shall 02 use the information obtained under this subsection in its determination of the 03 suitability for licensure of the person filing or executing the application. 04 (b) In this section, "criminal justice information" has the meaning given in 05 AS 12.62.900. 06 * Sec. 2. AS 12.62.160(b) is amended to read: 07 (b) Subject to the requirements of this section, and except as otherwise limited 08 or prohibited by other provision of law or court rule, criminal justice information may 09 be released by a criminal justice agency as follows: 10 (1) an assessment or summary of criminal justice information may be 11 provided to a person when, and only to the extent, necessary to avoid imminent danger 12 to life or extensive damage to property; 13 (2) criminal justice information may be provided to a person to the 14 extent required by applicable court rules or under an order of a court of this state, 15 another state, or the United States; 16 (3) criminal justice information may be provided to a person if the 17 information is commonly or traditionally provided by criminal justice agencies in 18 order to identify, locate, or apprehend fugitives or wanted persons or to recover stolen 19 property, or for public reporting of recent arrests, charges, and other criminal justice 20 activity; 21 (4) criminal justice information may be provided to a criminal justice 22 agency for a criminal justice activity; 23 (5) criminal justice information may be provided to a government 24 agency to the extent necessary for enforcement of or for a purpose specifically 25 authorized by state or federal law; 26 (6) criminal justice information may be provided to a person 27 specifically authorized by a state or federal law to receive such information; 28 (7) criminal justice information in aggregate form may be released to a 29 qualified person, as determined by the agency, for criminal justice research, subject to 30 written conditions that assure the security of the information and the privacy of 31 individuals to whom the information relates;
01 (8) current offender information, past conviction information, and 02 criminal identification information except fingerprints, may be provided to a 03 person for any purpose, except that information may not be released if the release of 04 the information would unreasonably compromise the privacy of a minor or vulnerable 05 adult; 06 (9) criminal justice information [PAST CONVICTION 07 INFORMATION MAY BE PROVIDED TO A PERSON FOR ANY PURPOSE IF 08 LESS THAN 10 YEARS HAS ELAPSED FROM THE DATE OF 09 UNCONDITIONAL DISCHARGE TO THE DATE OF THE REQUEST; 10 (10) PAST CONVICTION INFORMATION RELATING TO A 11 SERIOUS OFFENSE] may be provided to an interested person if the information is 12 requested for the purpose of determining whether to grant a person supervisory or 13 disciplinary power over a minor or dependent adult; and 14 (10) [(11)] criminal justice information may be provided to the person 15 who is the subject of the information. 16 * Sec. 3. AS 12 is amended by adding a new chapter to read: 17 Chapter 64. National Crime Prevention and Privacy Compact. 18 Sec. 12.64.010. Compact enacted. The National Crime Prevention and 19 Privacy Compact as contained in this section is enacted into law and entered into on 20 behalf of the State of Alaska with any other states legally joining in it in a form 21 substantially as follows: 22 The contracting parties agree to the following: 23 OVERVIEW 24 (a) In general. This Compact organizes an electronic information sharing 25 system among the federal government and the states to exchange criminal history 26 records for noncriminal justice purposes authorized by federal or state law, such as 27 background checks for governmental licensing and employment. 28 (b) Obligations of parties. Under this Compact, the FBI and the party states 29 agree to maintain detailed databases of their respective criminal history records, 30 including arrests and dispositions, and to make them available to the federal 31 government and to party states for authorized purposes. The FBI shall also manage
01 the federal data facilities that provide a significant part of the infrastructure for the 02 system. 03 ARTICLE I. DEFINITIONS 04 In this Compact, unless the context clearly requires otherwise: 05 (1) "attorney general" means the attorney general of the United States; 06 (2) "Compact officer" means 07 (A) with respect to the federal government, an official so 08 designated by the director of the FBI; and 09 (B) with respect to a party state, the chief administrator of the 10 state's criminal history record repository or a designee of the chief 11 administrator who is a regular full-time employee of the repository; 12 (3) "council" means the Compact Council established under Article 13 VI; 14 (4) "criminal history records" 15 (A) means information collected by criminal justice agencies 16 on individuals consisting of identifiable descriptions and notations of arrests, 17 detentions, indictments, or other formal criminal charges, and any disposition 18 arising therefrom, including acquittal, sentencing, correctional supervision, or 19 release; and 20 (B) does not include identification information such as 21 fingerprint records if such information does not indicate involvement of the 22 individual with the criminal justice system; 23 (5) "criminal history record repository" means the state agency 24 designated by the governor or other appropriate executive official or the legislature of 25 a state to perform centralized record keeping functions for criminal history records and 26 services in the state; 27 (6) "criminal justice" includes activities relating to the detection, 28 apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, 29 correctional supervision, or rehabilitation of accused persons or criminal offenders; the 30 administration of criminal justice includes criminal identification activities and the 31 collection, storage, and dissemination of criminal history records;
01 (7) "criminal justice agency" means 02 (A) courts; 03 (B) a governmental agency or any subunit thereof that 04 (i) performs the administration of criminal justice 05 pursuant to a statute or executive order; and 06 (ii) allocates a substantial part of its annual budget to 07 the administration of criminal justice; and 08 (C) federal and state inspectors general offices; 09 (8) "criminal justice services" means services provided by the FBI to 10 criminal justice agencies in response to a request for information about a particular 11 individual or as an update to information previously provided for criminal justice 12 purposes; 13 (9) "criterion offense" means any felony or misdemeanor offense not 14 included on the list of nonserious offenses published periodically by the FBI; 15 (10) "direct access" means access to the National Identification Index 16 by computer terminal or other automated means not requiring the assistance of or 17 intervention by any other party or agency; 18 (11) "executive order" means an order of the President of the United 19 States or the chief executive officer of a state that has the force of law and that is 20 promulgated in accordance with applicable law; 21 (12) "FBI" means the Federal Bureau of Investigation; 22 (13) "Interstate Identification Index System" or "III System" 23 (A) means the cooperative federal-state system for the 24 exchange of criminal history records; 25 (B) includes the National Identification Index, the National 26 Fingerprint File, and to the extent of their participation in such system, the 27 criminal history record repositories of the states and the FBI; 28 (14) "National Fingerprint File" means a database of fingerprints, or 29 other uniquely personal identifying information, relating to an arrested or charged 30 individual maintained by the FBI to provide positive identification of record subjects 31 indexed in the III System;
01 (15) "National Identification Index" means an index maintained by the 02 FBI consisting of names, identifying numbers, and other descriptive information 03 relating to record subjects about whom there are criminal history records in the III 04 System; 05 (16) "national indices" means the National Identification Index and the 06 National Fingerprint File; 07 (17) "nonparty state" means a state that has not ratified this Compact; 08 (18) "noncriminal justice purposes" means uses of criminal history 09 records for purposes authorized by federal or state law other than purposes relating to 10 criminal justice activities, including employment suitability, licensing determinations, 11 immigration and naturalization matters, and national security clearances; 12 (19) "party state" means a state that has ratified this Compact; 13 (20) "positive identification" means a determination, based upon a 14 comparison of fingerprints or other equally reliable biometric identification 15 techniques, that the subject of a record search is the same person as the subject of a 16 criminal history record or records indexed in the III System; identifications based 17 solely upon a comparison of subjects' names or other nonunique identification 18 characteristics or numbers, or combinations thereof, shall not constitute positive 19 identification; 20 (21) "sealed record information" means 21 (A) with respect to adults, that portion of a record that is 22 (i) not available for criminal justice uses; 23 (ii) not supported by fingerprints or other accepted 24 means of positive identification; or 25 (iii) subject to restrictions on dissemination for 26 noncriminal justice purposes pursuant to a court order related to a 27 particular subject or pursuant to a federal or state statute that requires 28 action on a sealing petition filed by a particular record subject; and 29 (B) with respect to juveniles, whatever each state determines is 30 a sealed record under its own law and procedure; 31 (22) "state" means any state, territory, or possession of the United
01 States, the District of Columbia, and the Commonwealth of Puerto Rico. 02 ARTICLE II. PURPOSES 03 The purposes of this Compact are to 04 (1) provide a legal framework for the establishment of a cooperative 05 federal-state system for the interstate and federal-state exchange of criminal history 06 records for noncriminal justice uses; 07 (2) require the FBI to permit use of the National Identification Index 08 and the National Fingerprint File by each party state, and to provide, in a timely 09 fashion, federal and state criminal history records to requesting states, in accordance 10 with the terms of this Compact and with rules, procedures, and standards established 11 by the council under Article VI; 12 (3) require party states to provide information and records for the 13 National Identification Index and the National Fingerprint File and to provide criminal 14 history records, in a timely fashion, to criminal history record repositories of other 15 states and the federal government for noncriminal justice purposes, in accordance with 16 the terms of this Compact and with rules, procedures, and standards established by the 17 council under Article VI; 18 (4) provide for the establishment of a council to monitor the III System 19 operations and to prescribe system rules and procedures for the effective and proper 20 operation of the III System for noncriminal justice purposes; and 21 (5) require the FBI and each party state to adhere to III System 22 standards concerning record dissemination and use, response times, system security, 23 data quality, and other duly established standards, including those that enhance the 24 accuracy and privacy of such records. 25 ARTICLE III. RESPONSIBILITIES OF COMPACT PARTIES 26 (a) FBI responsibilities. The director of the FBI shall 27 (1) appoint an FBI Compact officer who shall 28 (A) administer this Compact within the Department of Justice 29 and among federal agencies and other agencies and organizations that submit 30 search requests to the FBI pursuant to Article V(c); 31 (B) ensure that Compact provisions and rules, procedures, and
01 standards prescribed by the council under Article VI are complied with by the 02 Department of Justice and the federal agencies and other agencies and 03 organizations referred to in Article III(1)(A); and 04 (C) regulate the use of records received by means of the III 05 System from party states when such records are supplied by the FBI directly to 06 other federal agencies; 07 (2) provide to federal agencies and to state criminal history record 08 repositories, criminal history records maintained in its database for the noncriminal 09 justice purposes described in Article IV, including 10 (A) information from nonparty states; and 11 (B) information from party states that is available from the FBI 12 through the III System, but is not available from the party state through the III 13 System; 14 (3) provide a telecommunications network and maintain centralized 15 facilities for the exchange of criminal history records for both criminal justice 16 purposes and the noncriminal justice purposes described in Article IV, and ensure that 17 the exchange of such records for criminal justice purposes has priority over exchange 18 for noncriminal justice purposes; and 19 (4) modify or enter into user agreements with nonparty state criminal 20 history record repositories to require them to establish record request procedures 21 conforming to those prescribed in Article V. 22 (b) State responsibilities. Each party state shall 23 (1) appoint a Compact officer who shall 24 (A) administer this Compact within that state; 25 (B) ensure that Compact provisions and rules, procedures, and 26 standards established by the council under Article VI are complied with in the 27 state; and 28 (C) regulate the in-state use of records received by means of 29 the III System from the FBI or from other party states; 30 (2) establish and maintain a criminal history record repository, which 31 shall provide
01 (A) information and records for the National Identification 02 Index and the National Fingerprint File; and 03 (B) the state's III System-indexed criminal history records for 04 noncriminal justice purposes described in Article IV; 05 (3) participate in the National Fingerprint File; and 06 (4) provide and maintain telecommunications links and related 07 equipment necessary to support the services set forth in this Compact. 08 (c) Compliance with III System standards. In carrying out their 09 responsibilities under this Compact, the FBI and each party state shall comply with III 10 System rules, procedures, and standards duly established by the council concerning 11 record dissemination and use, response times, data quality, system security, accuracy, 12 privacy protection, and other aspects of III System operation. 13 (d) Maintenance of record services. 14 (1) Use of the III System for noncriminal justice purposes authorized 15 in this Compact shall be managed so as not to diminish the level of services provided 16 in support of criminal justice purposes. 17 (2) Administration of Compact provisions shall not reduce the level of 18 service available to authorized noncriminal justice users on the effective date of this 19 Compact. 20 ARTICLE IV. AUTHORIZED RECORD DISCLOSURES 21 (a) State criminal history record repositories. To the extent authorized by 22 section 552a of title 5, United States Code (commonly known as the "Privacy Act of 23 1974"), the FBI shall provide on request criminal history records (excluding sealed 24 records) to state criminal history record repositories for noncriminal justice purposes 25 allowed by federal statute, federal executive order, or a state statute that has been 26 approved by the attorney general and that authorizes national indices checks. 27 (b) Criminal justice agencies and other governmental or nongovernmental 28 agencies. The FBI, to the extent authorized by section 552a of title 5, United States 29 Code (commonly known as the "Privacy Act of 1974"), and state criminal history 30 record repositories shall provide criminal history records (excluding sealed records) to 31 criminal justice agencies and other governmental or nongovernmental agencies for
01 noncriminal justice purposes allowed by federal statute, federal executive order, or a 02 state statute that has been approved by the attorney general, that authorizes national 03 indices checks. 04 (c) Procedures. Any record obtained under this Compact may be used only for 05 the official purposes for which the record was requested. Each Compact officer shall 06 establish procedures, consistent with this Compact, and with rules, procedures, and 07 standards established by the council under Article VI, which procedures shall protect 08 the accuracy and privacy of the records, and shall 09 (1) ensure that records obtained under this Compact are used only by 10 authorized officials for authorized purposes; 11 (2) require that subsequent record checks are requested to obtain 12 current information whenever a new need arises; and 13 (3) ensure that record entries that may not legally be used for a 14 particular noncriminal justice purpose are deleted from the response and, if no 15 information authorized for release remains, an appropriate "no record" response is 16 communicated to the requesting official. 17 ARTICLE V. RECORD REQUEST PROCEDURES 18 (a) Positive identification. Subject fingerprints or other approved forms of 19 positive identification shall be submitted with all requests for criminal history record 20 checks for noncriminal justice purposes. 21 (b) Submission of state requests. Each request for a criminal history record 22 check utilizing the national indices made under any approved state statute shall be 23 submitted through that state's criminal history record repository. A state criminal 24 history record repository shall process an interstate request for noncriminal justice 25 purposes through the national indices only if such request is transmitted through 26 another state criminal history record repository or the FBI. 27 (c) Submission of federal requests. Each request for criminal history record 28 checks utilizing the national indices made under federal authority shall be submitted 29 through the FBI or, if the state criminal history record repository consents to process 30 fingerprint submissions, through the criminal history record repository in the state in 31 which such request originated. Direct access to the National Identification Index by
01 entities other than the FBI and state criminal history records repositories shall not be 02 permitted for noncriminal justice purposes. 03 (d) Fees. A state criminal history record repository or the FBI 04 (1) may charge a fee, in accordance with applicable law, for handling a 05 request involving fingerprint processing for noncriminal justice purposes; and 06 (2) may not charge a fee for providing criminal history records in 07 response to an electronic request for a record that does not involve a request to process 08 fingerprints. 09 (e) Additional search. 10 (1) If a state criminal history record repository cannot positively 11 identify the subject of a record request made for noncriminal justice purposes, the 12 request, together with fingerprints or other approved identifying information, shall be 13 forwarded to the FBI for a search of the national indices. 14 (2) If, with respect to a request forwarded by a state criminal history 15 record repository under paragraph (1), the FBI positively identifies the subject as 16 having a III System-indexed record or records 17 (A) the FBI shall so advise the state criminal history record 18 repository; and 19 (B) the state criminal history record repository shall be entitled 20 to obtain the additional criminal history record information from the FBI or 21 other state criminal history record repositories. 22 ARTICLE VI. ESTABLISHMENT OF A COMPACT COUNCIL 23 (a) Establishment. 24 (1) In general. There is established a council to be known as the 25 "Compact Council," which shall have the authority to promulgate rules and procedures 26 governing the use of the III System for noncriminal justice purposes, not to conflict 27 with FBI administration of the III System for criminal justice purposes. 28 (2) Organization. The council shall 29 (A) continue in existence as long as this Compact remains in 30 effect; 31 (B) be located, for administrative purposes, within the FBI; and
01 (C) be organized and hold its first meeting as soon as 02 practicable after the effective date of this Compact. 03 (b) Membership. The council shall be composed of 15 members, each of 04 whom shall be appointed by the attorney general, as follows: 05 (1) nine members, each of whom shall serve a two-year term, who 06 shall be selected from among the Compact officers of party states based on the 07 recommendation of the Compact officers of all party states, except that, in the absence 08 of the requisite number of Compact officers available to serve, the chief administrators 09 of the criminal history record repositories of nonparty states shall be eligible to serve 10 on an interim basis; 11 (2) two at-large members, nominated by the director of the FBI, each 12 of whom shall serve a three-year term, of whom 13 (A) one shall be a representative of the criminal justice 14 agencies of the federal government and may not be an employee of the FBI; 15 and 16 (B) one shall be a representative of the noncriminal justice 17 agencies of the federal government; 18 (3) two at-large members, nominated by the chair of the council, once 19 the chair is elected pursuant to Article VI(c), each of whom shall serve a three-year 20 term, of whom 21 (A) one shall be a representative of state or local criminal 22 justice agencies; and 23 (B) one shall be a representative of state or local noncriminal 24 justice agencies; 25 (4) one member, who shall serve a three-year term, and who shall 26 simultaneously be a member of the FBI's advisory policy board on criminal justice 27 information services, nominated by the membership of that policy board; 28 (5) one member, nominated by the director of the FBI, who shall serve 29 a three-year term, and who shall be an employee of the FBI. 30 (c) Chair and vice chair. 31 (1) In general. From its membership, the council shall elect a chair
01 and a vice chair of the council, respectively. Both the chair and vice chair of the 02 council 03 (A) shall be a Compact officer, unless there is no Compact 04 officer on the council who is willing to serve, in which case the chair may be 05 an at-large member; and 06 (B) shall serve a two-year term and be reelected to only one 07 additional two-year term. 08 (2) Duties of the vice chair. The vice chair of the council shall serve as 09 the chair of the council in the absence of the chair. 10 (d) Meetings. 11 (1) In general. The council shall meet at least once a year at the call of 12 the chair. Each meeting of the council shall be open to the public. The council shall 13 provide prior public notice in the Federal Register of each meeting of the council, 14 including the matters to be addressed at such meeting. 15 (2) Quorum. A majority of the council or any committee of the 16 council shall constitute a quorum of the council or of such committee, respectively, for 17 the conduct of business. A lesser number may meet to hold hearings, take testimony, 18 or conduct any business not requiring a vote. 19 (e) Rules, procedures, and standards. The council shall make available for 20 public inspection and copying at the council office within the FBI, and shall publish in 21 the Federal Register, any rules, procedures, or standards established by the council. 22 (f) Assistance from FBI. The council may request from the FBI such reports, 23 studies, statistics, or other information or materials as the council determines to be 24 necessary to enable the council to perform its duties under this Compact. The FBI, to 25 the extent authorized by law, may provide such assistance or information upon such a 26 request. 27 (g) Committees. The chair may establish committees as necessary to carry out 28 this Compact and may prescribe their membership, responsibilities, and duration. 29 ARTICLE VII. RATIFICATION OF COMPACT 30 This Compact shall take effect upon being entered into by two or more states as 31 between those states and the federal government. Upon subsequent entering into this
01 Compact by additional states, it shall become effective among those states and the 02 federal government and each party state that has previously ratified it. When ratified, 03 this Compact shall have the full force and effect of law within the ratifying 04 jurisdictions. The form of ratification shall be in accordance with the laws of the 05 executing state. 06 ARTICLE VIII. MISCELLANEOUS PROVISIONS 07 (a) Relation of Compact to certain FBI activities. Administration of this 08 Compact shall not interfere with the management and control of the director of the 09 FBI over the FBI's collection and dissemination of criminal history records and the 10 advisory function of the FBI's advisory policy board chartered under the Federal 11 Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal 12 justice. 13 (b) No authority for nonappropriated expenditures. Nothing in this Compact 14 shall require the FBI to obligate or expend funds beyond those appropriated to the 15 FBI. 16 (c) Relating to Public Law 92-544. Nothing in this Compact shall diminish or 17 lessen the obligations, responsibilities, and authorities of any state, whether a party 18 state or a nonparty state, or of any criminal history record repository or other 19 subdivision or component thereof, under the Departments of State, Justice, and 20 Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 21 92-544) or regulations and guidelines promulgated thereunder, including the rules and 22 procedures promulgated by the council under Article VI(a), regarding the use and 23 dissemination of criminal history records and information. 24 ARTICLE IX. RENUNCIATION 25 (a) In general. This Compact shall bind each party state until renounced by 26 the party state. 27 (b) Effect. Any renunciation of this Compact by a party state shall 28 (1) be effected in the same manner by which the party state ratified this 29 Compact; and 30 (2) become effective 180 days after written notice of renunciation is 31 provided by the party state to each other party state and to the federal government.
01 ARTICLE X. SEVERABILITY 02 The provisions of this Compact shall be severable, and if any phrase, clause, sentence, 03 or provision of this Compact is declared to be contrary to the constitution of any 04 participating state, or to the Constitution of the United States, or the applicability 05 thereof to any government, agency, person, or circumstance is held invalid, the 06 validity of the remainder of this Compact and the applicability thereof to any 07 government, agency, person, or circumstance shall not be affected thereby. If a 08 portion of this Compact is held contrary to the constitution of any party state, all other 09 portions of this Compact shall remain in full force and effect as to the remaining party 10 states and in full force and effect as to the party state affected, as to all other 11 provisions. 12 ARTICLE XI. ADJUDICATION OF DISPUTES 13 (a) In general. The council shall 14 (1) have initial authority to make determinations with respect to any 15 dispute regarding 16 (A) interpretation of this Compact; 17 (B) any rule or standard established by the council pursuant to 18 Article V; and 19 (C) any dispute or controversy between any parties to this 20 Compact; and 21 (2) hold a hearing concerning any dispute described in paragraph (1) at 22 a regularly scheduled meeting of the council and only render a decision based upon a 23 majority vote of the members of the council. Such decision shall be published 24 pursuant to the requirements of Article VI(e). 25 (b) Duties of the FBI. The FBI shall exercise immediate and necessary action 26 to preserve the integrity of the III System, maintain system policy and standards, 27 protect the accuracy and privacy of records, and to prevent abuses, until the council 28 holds a hearing on such matters. 29 (c) Right of appeal. The FBI or a party state may appeal any decision of the 30 council to the attorney general, and thereafter may file suit in the appropriate district 31 court of the United States, which shall have original jurisdiction of all cases or
01 controversies arising under this Compact. Any suit arising under this Compact and 02 initiated in a state court shall be removed to the appropriated district court of the 03 United States in the manner provided by section 1446 of title 28, United States Code, 04 or other statutory authority. 05 * Sec. 4. AS 14.37.140(b) is amended to read: 06 (b) A licensee shall notify the department within 24 hours after having 07 knowledge of a conviction or indictment, presentment, or charging by information or 08 complaint of an administrator, regular volunteer, staff person, or member of the 09 licensee's household for a violation of the following laws or the laws of another 10 jurisdiction with similar elements: 11 (1) offenses against the family and vulnerable adults under AS 11.51; 12 (2) perjury under AS 11.56.200; 13 (3) offenses included in the definition of "serious offense" under 14 AS 47.14.990 [AS 12.62.900]. 15 * Sec. 5. AS 14.37.180(a) is amended to read: 16 (a) In addition to the ground of violation of this chapter or a regulation 17 adopted under this chapter, the department may revoke or decline to renew a license 18 issued under this chapter on one or more of the following grounds: 19 (1) failure to submit a timely and complete renewal application; 20 (2) the indictment or charging by information or complaint, or a 21 criminal conviction within the last 10 years, of the licensee or administrator, member 22 of the licensee's household who is present in the facility at any time the facility is in 23 operation, regular volunteer, or staff person for 24 (A) a felony; 25 (B) a misdemeanor crime of assault, reckless endangerment, 26 contributing to the delinquency of a minor, or misconduct involving a 27 controlled substance; or 28 (C) the crime of perjury, as defined in AS 11 or the laws of 29 another jurisdiction; 30 (3) the conviction, indictment, presentment, or charging of the licensee 31 or an administrator, member of the licensee's household who is present in the facility
01 at any time the facility is in operation, regular volunteer, or staff person at any time for 02 a violation or attempted violation of an offense included in the definitions of "serious 03 offense" under AS 47.14.990 [AS 12.62.900]; 04 (4) obtaining or attempting to obtain or retain a license under this 05 chapter by fraudulent means, misrepresentation, or by submitting false information; 06 (5) failure to correct a violation noted in a report of investigation 07 provided under AS 14.37.150(c) or 14.37.160(b); 08 (6) failure to comply with a final administrative order issued by the 09 department under AS 14.37.170. 10 * Sec. 6. AS 14.37.299(11) is amended to read: 11 (11) "serious offense" has the meaning given in AS 47.14.990 12 [AS 12.62.900]. 13 * Sec. 7. AS 47.14.990(11) is amended to read: 14 (11) "serious offense" means a conviction for a violation or for an 15 attempt, solicitation, or conspiracy to commit a violation of any of the following 16 laws, or of the laws of another jurisdiction with substantially similar elements: 17 (A) a felony offense; 18 (B) a crime involving domestic violence; 19 (C) AS 11.41.410 - 11.41.470; 20 (D) AS 11.51.130; 21 (E) AS 11.61.110(a)(7) or 11.61.125; 22 (F) AS 11.66.100 - 11.66.130; 23 (G) former AS 11.15.120, former 11.15.134, or assault with 24 the intent to commit rape under former AS 11.15.160; or 25 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 26 11.40.200 - 11.40.420, if committed before January 1, 1980; [HAS THE 27 MEANING GIVEN IN AS 12.62.900.] 28 * Sec. 8. AS 47.17.033(a) is amended to read: 29 (a) In investigating child abuse and neglect reports under this chapter, the 30 department may make necessary inquiries about the criminal records of the parents or 31 of the alleged abusive or neglectful person, including inquiries about the existence of a
01 criminal history record involving a serious offense as defined in AS 47.14.990 02 [AS 12.62.900]. 03 * Sec. 9. AS 47.35.047(b) is amended to read: 04 (b) A licensee shall notify the department within 24 hours after having 05 knowledge of a conviction or indictment, presentment, or charging by information or 06 complaint of an administrator, foster parent, member of the licensee's household, 07 regular volunteer, or staff person for a violation of the following laws or the laws of 08 another jurisdiction with similar elements: 09 (1) offenses against the family and vulnerable adults under AS 11.51; 10 (2) perjury under AS 11.56.200; 11 (3) offenses included in the definition of "serious offense." [UNDER 12 AS 12.62.900.] 13 * Sec. 10. AS 47.35.900(24) is amended to read: 14 (24) "serious offense" has the meaning given in AS 47.14.990; 15 [AS 12.62.900.] 16 * Sec. 11. AS 12.62.900(23) and 12.62.900(24) are repealed. 17 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: PENDING APPLICATIONS UNDER AS 04. Notwithstanding 20 AS 04.06.095, enacted by sec. 1 of this Act, the Alcoholic Beverage Control Board may 21 process an application for a license under AS 04 without a national criminal history record 22 check from the Federal Bureau of Investigation if that application was pending with the board 23 on the effective date of sec. 1 of this Act. 24 * Sec. 13. Sections 1 and 12 of this Act take effect immediately under AS 01.10.070(c). 25 * Sec. 14. Except as provided in sec. 13, this Act takes effect September 1, 2001.