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