HB 338: "An Act relating to applications, qualifications, and criminal history and background checks for a certificate of fitness for explosives handlers; and providing for an effective date."
00 HOUSE BILL NO. 338 01 "An Act relating to applications, qualifications, and criminal history and background 02 checks for a certificate of fitness for explosives handlers; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.52.030 is amended to read: 06 Sec. 08.52.030. Application for and issuance of certificate. The department 07 shall issue certificates of fitness. A certificate may be issued only to an individual. An 08 applicant for a certificate shall apply in writing, under oath, on a form prescribed by 09 the department containing 10 (1) the name and address of the applicant; 11 (2) the applicant's age; 12 (3) the applicant's citizenship; [AND] 13 (4) the applicant's fingerprints and fees for a criminal background 14 check conducted under AS 08.52.035; and
01 (5) other information that the department requires. 02 * Sec. 2. AS 08.52 is amended by adding a new section to read: 03 Sec. 08.52.035. Criminal justice information and records. (a) An applicant 04 for the issuance or renewal of a certificate of fitness under this chapter shall submit to 05 the department, with the application, the applicant's fingerprints and the fees required 06 by the Department of Public Safety under AS 12.62.160 for criminal justice 07 information and a national criminal history record check. The department shall submit 08 the fingerprints to the Department of Public Safety to obtain a report of criminal 09 justice information under AS 12.62 and a national criminal history record check under 10 AS 12.62.400. The Department of Public Safety may submit the fingerprints to the 11 Federal Bureau of Investigation for a national criminal history record check. The 12 department shall use the information obtained under this section in its determination of 13 an applicant's qualification for issuance or renewal of a certificate of fitness. 14 (b) In this section, "criminal justice information" has the meaning given in 15 AS 12.62.900. 16 * Sec. 3. AS 08.52.040 is amended to read: 17 Sec. 08.52.040. Issuance and contents of certificate. If, upon investigation 18 and examination by the department, the applicant is found competent by reason of 19 training, experience, criminal history and background check, and physical fitness, 20 the department shall issue a certificate of fitness. The certificate must [SHALL] set 21 out the competency of the applicant and provide for positive identification of the 22 applicant, and shall be carried on the person engaged in handling explosives. 23 * Sec. 4. AS 08.52.040 is amended by adding a new subsection to read: 24 (b) The department may not find an applicant competent if the applicant's 25 criminal history and background check conducted under AS 08.52.035 indicates a 26 conviction of a felony in the past 10 years under the laws of the state or another 27 jurisdiction. In this subsection, "conviction" has the meaning given in 28 AS 12.55.045(n). 29 * Sec. 5. AS 12.62.400 is amended by adding a new paragraph to read: 30 (14) a certificate of fitness to handle explosives under AS 08.52. 31 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).