CSSB 179(FIN): "An Act relating to criminal history records and background checks; allowing persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development due to a delay in receiving criminal history records; allowing teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date."
00 CS FOR SENATE BILL NO. 179(FIN) 01 "An Act relating to criminal history records and background checks; allowing persons 02 to teach in the public schools for up to five months without a teaching certificate if the 03 person has applied for a certificate and the application has not been acted upon by the 04 Department of Education and Early Development due to a delay in receiving criminal 05 history records; allowing teacher certification for certain persons based on a criminal 06 history background check without fingerprints; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.11.295(a) is amended to read: 09 (a) An applicant for the issuance or transfer of a license or a conditional 10 contractor's permit under this title shall submit to the board, with the application, the 11 applicant's fingerprints and the fees required by the Department of Public Safety 12 under AS 12.62.160 for criminal justice information and a national criminal history 13 record check. The board may require an applicant for renewal of a license or a
01 conditional contractor's permit under this title to submit fingerprints and pay fees as 02 required by this subsection. The board shall submit the fingerprints to the Department 03 of Public Safety to obtain a report of criminal justice information under AS 12.62 and 04 a national criminal history record check under AS 12.62.400. The Department of 05 Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a 06 national criminal history record check. The board shall use the information obtained 07 under this section in its determination of an applicant's qualification for issuance, 08 transfer, or renewal of a license or a conditional contractor's permit. 09 * Sec. 2. AS 04.11.295(b)(1) is amended to read: 10 (1) "applicant" means all individuals whose names and addresses are 11 required to be provided with an application for a new license or permit under 12 AS 04.11.260; 13 * Sec. 3. AS 08.08.137 is amended to read: 14 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an 15 applicant for admission to be fingerprinted and provide the fees required by the 16 Department of Public Safety under AS 12.62.160 for criminal justice information 17 and a national criminal history record check. The fingerprints and fees shall be 18 forwarded to the Department of Public Safety to obtain a report of criminal 19 justice information under AS 12.62 and a national criminal history record check 20 under AS 12.62.400 [USED TO DETERMINE WHETHER THE APPLICANT HAS 21 A RECORD OF CRIMINAL CONVICTIONS IN THIS STATE OR ANOTHER 22 JURISDICTION]. The Board of Governors may use the information obtained from 23 the fingerprinting only in its official determination of the character and fitness of the 24 applicant for admission to the Alaska Bar Association. 25 * Sec. 4. AS 08.24.120 is amended to read: 26 Sec. 08.24.120. Application for operator's license. (a) An application for 27 an operator's license shall be made on forms furnished by the department and must 28 contain the information required in AS 08.24.110 and the following: 29 (1) a complete set of fingerprints and the fees required by the 30 Department of Public Safety under AS 12.62.160 for criminal justice information 31 and a national criminal history record check;
01 (2) a 2" x 3" photograph showing a front view of head and shoulders; 02 (3) if it is an original application, the application fee; 03 (4) the biennial license fee. 04 (b) The department may make a complete investigation of applicants, 05 including inquiry of police agencies as to the applicant's record of arrest or conviction 06 of crime. The department shall submit the fingerprints and fees received under 07 (a)(1) of this section to the Department of Public Safety for a report of criminal 08 justice information under AS 12.62 and a national criminal history record check 09 under AS 12.62.400. 10 * Sec. 5. AS 08.68.100(a) is amended by adding a new paragraph to read: 11 (10) require applicants under this chapter to submit fingerprints and the 12 fees required by the Department of Public Safety under AS 12.62.160 for criminal 13 justice information and a national criminal history record check; the department shall 14 submit the fingerprints and fees to the Department of Public Safety for a report of 15 criminal justice information under AS 12.62 and a national criminal history record 16 check under AS 12.62.400. 17 * Sec. 6. AS 12.62.160 is amended by adding a new subsection to read: 18 (e) When an interested person requests information under (b)(9) of this 19 section, the department may also obtain a national criminal history record check under 20 AS 12.62.400 if the person submits the fingerprints and fees required for that check 21 under (d) of this section. 22 * Sec. 7. AS 12.62 is amended by adding a new section to read: 23 Article 1A. National Criminal History Record Check. 24 Sec. 12.62.400. National criminal history record checks for employment, 25 licensing, and other noncriminal justice purposes. To obtain a national criminal 26 history record check for determining a person's qualifications for a license, permit, 27 registration, employment, or position, a person shall submit the person's fingerprints to 28 the department with the fee established by AS 12.62.160. The department may submit 29 the fingerprints to the Federal Bureau of Investigation to obtain a national criminal 30 history record check of the person for the purpose of evaluating a person's 31 qualifications for
01 (1) a license or conditional contractor's permit to manufacture, sell, 02 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 03 under AS 04.11; 04 (2) admission to the Alaska Bar Association under AS 08.08; 05 (3) licensure as a collection agency operator under AS 08.24; 06 (4) licensure to practice nursing or certification as a nurse aide under 07 AS 08.68; 08 (5) a position involving supervisory or disciplinary power over a minor 09 or dependent adult for which criminal justice information may be released under 10 AS 12.62.160(b)(9); 11 (6) a teacher certificate under AS 14.20; 12 (7) licensure as a security guard under AS 18.65.400 - 18.65.490; 13 (8) a concealed handgun permit under AS 18.65.700 - 18.65.790; 14 (9) licensure as an insurance producer, managing general agent, 15 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 16 broker, or independent adjuster under AS 21.27; 17 (10) serving and executing process issued by a court by a person 18 designated under AS 22.20.130; 19 (11) a school bus driver license under AS 28.15.046; 20 (12) licensure as an operator or an instructor for a commercial driver 21 training school under AS 28.17; 22 (13) registration as a broker-dealer, agent, investment adviser 23 representative, or state investment adviser under AS 45.55.030 - 45.55.060; 24 * Sec. 8. AS 14.20.010 is amended to read: 25 Sec. 14.20.010. Teacher certificate required. A person may not be 26 employed as a teacher in the public schools of the state unless that person possesses a 27 valid teacher certificate except that a person who has made application to the 28 department for a teacher certificate, including a preliminary teacher certificate under 29 AS 14.20.015, or renewal of a teacher certificate that has not been acted upon by the 30 department may be employed as a teacher in the public schools of the state until the 31 department has taken action on the application, but in no case may employment
01 without a certificate last longer than three months. A person who has made 02 application for a certificate under this section may teach for an additional 60 03 days beyond three months without a certificate if the department grants a written 04 extension. An extension may be granted under this section for not more than 60 05 days to the person solely due to delay in the department's receipt of criminal 06 justice information under AS 12.62 or a national criminal history record check 07 under AS 12.62.400. 08 * Sec. 9. AS 14.20.020(c) is amended to read: 09 (c) The board may establish by regulation additional requirements for the 10 issuance of certificates. The board shall require teachers to submit fingerprints 11 and the fees required by the Department of Public Safety under AS 12.62.160 for 12 criminal justice information and a national criminal history record check. The 13 board shall submit the fingerprints and fees to the Department of Public Safety 14 for a report of criminal justice information under AS 12.62 and a national 15 criminal history record check under AS 12.62.400. The department shall establish 16 by regulation the fees to be charged for each certificate [, INCLUDING FEES FOR 17 CRIMINAL HISTORY BACKGROUND CHECKS] and for other charges assessed 18 against teachers as part of certification. In establishing the fees to be charged, the 19 department shall establish the fee levels so that the total amount of the fees collected 20 relating to the certification of teachers approximately equals, when added to the other 21 fees collected from teachers, the actual regulatory costs for certifying and disciplining 22 teachers in the state. The department shall annually review each fee level to determine 23 whether the regulatory costs are approximately equal to fee collections. If the review 24 indicates that fee collections and regulatory costs are not approximately equal, the 25 department shall calculate fee adjustments to the fees for certification of teachers and 26 adopt regulations under this subsection to implement the adjustments. In January of 27 each year, the department shall report on all fee levels and revisions for the previous 28 year under this subsection to the office of management and budget. The department 29 shall consider the board's recommendations concerning the fee levels and regulatory 30 costs before revising fee schedules to comply with this subsection. In this subsection, 31 "regulatory costs" means costs of the department that are attributable to regulation of
01 the teaching profession, including the portion of the expenses of the board that are 02 attributable to the regulation of the teaching profession and the expenses of the 03 Professional Teaching Practices Commission. 04 * Sec. 10. AS 14.20.020 is amended by adding a new subsection to read: 05 (j) Whenever required by a provision of this chapter to submit fingerprints to 06 use for a criminal background check for the purpose of determining a person's 07 suitability for employment as a teacher, the department shall accept a name-based 08 criminal history background check on a person from the agency performing the 09 background check if the 10 (1) person cannot submit legible fingerprint cards due to a permanent 11 disability that precludes the person's ability to submit fingerprints; or 12 (2) agency informs the department that its examination of at least two 13 separate sets of fingerprint cards shows that the person's fingerprints are illegible due 14 to a permanent skin condition. 15 * Sec. 11. AS 14.20.022(b) is amended to read: 16 (b) To be eligible for a subject-matter expert limited teacher certificate, a 17 person shall 18 (1) hold at least a baccalaureate degree from an institution of higher 19 education accredited by a recognized regional or national accrediting association or 20 approved by the commissioner and 21 (A) have majored or minored in the subject that the person will 22 be teaching; or 23 (B) have at least five years experience in the subject matter that 24 the person will be teaching; 25 (2) have submitted fingerprints and the fees required by the 26 Department of Public Safety under AS 12.62.160 for criminal justice information 27 and a national criminal history record check to the department; the department 28 must have submitted the fingerprints and fees to the Department of Public Safety 29 for a report of criminal justice information under AS 12.62 and a national 30 criminal history record check under AS 12.62.400 and the person must [TO BE 31 USED FOR A CRIMINAL HISTORY BACKGROUND CHECK AND] have been
01 found by the department to be suitable for employment as a teacher under 02 AS 14.20.020(f); and 03 (3) be currently enrolled in an approved post-baccalaureate teacher 04 education program at a regionally accredited institution meeting the requirements of 05 AS 14.20.020(b) that provides for completion of the regular teacher certificate 06 education requirements within two years after receipt of a subject-matter expert 07 limited teacher certificate under this section [; AND 08 (4) PAY THE FEE REQUIRED BY THE DEPARTMENT UNDER 09 AS 14.20.020(c) TO DEFRAY THE COST OF THE CRIMINAL HISTORY 10 BACKGROUND CHECK; THE AMOUNT MAY NOT EXCEED THE FEE 11 REQUIRED FOR APPLICATION FOR AN INITIAL REGULAR TEACHER 12 CERTIFICATE]. 13 * Sec. 12. AS 18.20.302(b) is amended to read: 14 (b) Within 30 days after employing an individual in a paid position, a nursing 15 facility shall submit to the Department of Public Safety the fingerprints and fees 16 obtained under (a)(3) of this section. The Department of Public Safety shall submit 17 the fingerprints to the Federal Bureau of Investigation for a national criminal history 18 record check. When the results are received, the department shall advise the facility of 19 (1) the date on which the fingerprint background check was completed; 20 and 21 (2) whether the check shows that the individual has committed an 22 offense described in (c) of this section. 23 * Sec. 13. AS 18.65.410(a) is amended to read: 24 (a) Application for a license as a security guard must be made on forms 25 provided by the commissioner. The application must require the furnishing of 26 information reasonably required by the commissioner to carry out the provisions of 27 AS 18.65.400 - 18.65.490, including classifiable fingerprints and the fees required 28 under AS 12.62.160 for criminal justice information under AS 12.62 and a 29 national criminal history record check under AS 12.62.400 to determine if the 30 applicant has a [TO ENABLE THE SEARCH OF CRIMINAL INDICES FOR 31 EVIDENCE OF A PRIOR] criminal record. The application must be accompanied by
01 a nonrefundable application fee of $50 for a security guard and $200 for a security 02 guard agency. 03 * Sec. 14. AS 18.65.700(a) is amended to read: 04 (a) The department shall issue a permit to carry a concealed handgun to a 05 person who 06 (1) applies in person at an office of the Alaska State Troopers; 07 (2) qualifies under AS 18.65.705; 08 (3) submits a completed application on a form provided by the 09 department, that provides the information required under AS 18.65.705 and 18.65.710; 10 with each application form provided by the department, the department shall provide a 11 copy of the state laws and regulations relating to concealed handguns, which must 12 include a concise summary of where, when, and by whom a handgun can be carried 13 under state and federal law; 14 (4) submits two complete sets of fingerprints on Federal Bureau of 15 Investigation approved fingerprint cards that are of sufficient quality so that the 16 fingerprints may be processed; the fingerprints must be taken by a person, group, or 17 agency approved by the department; the department shall maintain a list of persons, 18 groups, or agencies approved to take fingerprints and shall provide the list to the 19 public upon request; the fingerprints shall be used to obtain a report of criminal 20 justice information under AS 12.62 and a national criminal history record check 21 under AS 12.62.400; 22 (5) submits evidence of successful completion of a handgun course as 23 provided in AS 18.65.715; 24 (6) provides one frontal view color photograph of the person taken 25 within the preceding 30 days that includes the head and shoulders of the person and is 26 of a size specified by the department; 27 (7) shows a valid Alaska driver's license or identification card at the 28 time of application; 29 (8) does not suffer a physical infirmity that prevents the safe handling 30 of a handgun; and 31 (9) pays the application fee required by AS 18.65.720.
01 * Sec. 15. AS 21.27.040(e) is amended to read: 02 (e) As part of the application required by (a) of this section, an applicant shall 03 furnish to the director a full set of fingerprints and the fees required by the 04 Department of Public Safety under AS 12.62.160 for criminal justice information 05 and a national criminal history record check so that the director may obtain 06 criminal justice information as provided under AS 12.62 about the applicant. The 07 director shall submit the completed fingerprint card and fees to the Department of 08 Public Safety for a report of criminal justice information under AS 12.62 and a 09 national criminal history record check under AS 12.62.400 [. THE 10 DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO SUBMIT THE 11 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR A 12 NATIONAL CRIMINAL HISTORY RECORD CHECK]. 13 * Sec. 16. AS 22.20.130(a) is amended to read: 14 (a) The commissioner shall be assisted in the execution of the authority and 15 duty vested by AS 22.20.100 - 22.20.140 by members of the division of state troopers 16 or Alaska state constabulary who the commissioner designates. The commissioner is 17 responsible on official bond for the acts of all persons designated under this 18 subsection. The persons designated under this subsection have the same authority and 19 duty granted to the commissioner and are subject to orders of the courts of the state in 20 the same manner as the commissioner. They are responsible to the commissioner and 21 to the courts, and shall be executive officers of the courts. In order to be designated 22 under this section, the commissioner may require the person to submit the 23 person's fingerprints and the fees required under AS 12.62.160 for criminal 24 justice information and a national criminal history record check. The 25 commissioner may obtain a report of criminal justice information under 26 AS 12.62 and a national criminal history record check under AS 12.62.400. 27 * Sec. 17. AS 28.15.046(b) is amended to read: 28 (b) The department may not issue a license under this section unless the 29 applicant 30 (1) is at least 21 years of age; 31 (2) has had a license to operate a motor vehicle at least three years
01 before the date of application; 02 (3) has successfully completed all required driving, written, and 03 physical examinations; 04 (4) has submitted the applicant's fingerprints, the fees required by 05 the Department of Public Safety under AS 12.62.160 for criminal justice 06 information and a national criminal history record check, and other information 07 sufficient to complete a background check consisting of a fingerprint check of national 08 criminal records and state criminal records of the state or states in which the applicant 09 has resided for the past two years; the department shall submit the fingerprints and 10 fees to the Department of Public Safety for a report of criminal justice 11 information under AS 12.62 and a national criminal history record check under 12 AS 12.62.400; 13 (5) has completed a state approved school bus driver training course 14 established under AS 14.07.020(a)(14) or has for the previous two years been licensed 15 by the state to operate a school bus. 16 * Sec. 18. AS 28.17.031 is amended by adding a new subsection to read: 17 (c) The department shall require an applicant for a license under this chapter 18 to submit the applicant's fingerprints and the fees required by the Department of 19 Public Safety under AS 12.62.160 for criminal justice information and a national 20 criminal history record check. The department shall submit the fingerprints and fees 21 to the Department of Public Safety for a report of criminal justice information under 22 AS 12.62 and a national criminal history record check under AS 12.62.400. 23 * Sec. 19. AS 45.55.040 is amended by adding a new section to read: 24 (k) The administrator shall require an applicant for registration under 25 AS 45.55.030 - 45.55.060 to submit the applicant's fingerprints and the fees required 26 by the Department of Public Safety under AS 12.62.160 for criminal justice 27 information and a national criminal history record check. The administrator shall 28 submit the fingerprints and fees to the Department of Public Safety for a report of 29 criminal justice information under AS 12.62 and a national criminal history record 30 check under AS 12.62.400. 31 * Sec. 20. This Act takes effect immediately under AS 01.10.070(c).