HB 293: "An Act relating to powers of the Alaska Police Standards Council; and relating to background checks for admission to police training programs and certification as a police officer."
00 HOUSE BILL NO. 293 01 "An Act relating to powers of the Alaska Police Standards Council; and relating to 02 background checks for admission to police training programs and certification as a 03 police officer." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.62.400(a) is amended to read: 06 (a) To obtain a national criminal history record check for determining a 07 person's qualifications for a license, permit, registration, employment, or position, a 08 person shall submit the person's fingerprints to the department with the fee established 09 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 10 of Investigation to obtain a national criminal history record check of the person for the 11 purpose of evaluating a person's qualifications for 12 (1) a license or conditional contractor's permit to manufacture, sell, 13 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 14 under AS 04.11;
01 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 02 loan originator under AS 06.60; 03 (3) admission to the Alaska Bar Association under AS 08.08; 04 (4) licensure as a collection agency operator under AS 08.24; 05 (5) a certificate of fitness to handle explosives under AS 08.52; 06 (6) licensure as a massage therapist under AS 08.61; 07 (7) licensure to practice nursing or certification as a nurse aide under 08 AS 08.68; 09 (8) certification as a real estate appraiser under as 08.87; 10 (9) a position involving supervisory or disciplinary power over a minor 11 or dependent adult for which criminal justice information may be released under 12 AS 12.62.160(b)(9); 13 (10) a teacher certificate under AS 14.20; 14 (11) a registration or license to operate a marijuana establishment 15 under AS 17.38; 16 (12) licensure as a security guard under AS 18.65.400 - 18.65.490; 17 (13) a concealed handgun permit under AS 18.65.700 - 18.65.790; 18 (14) licensure as an insurance producer, managing general agent, 19 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 20 broker, or independent adjuster under AS 21.27; 21 (15) serving and executing process issued by a court by a person 22 designated under AS 22.20.130; 23 (16) a school bus driver license under AS 28.15.046; 24 (17) licensure as an operator or an instructor for a commercial driver 25 training school under AS 28.17; 26 (18) registration as a broker-dealer, agent, investment adviser 27 representative, or state investment adviser under AS 45.55.030 - 45.55.060; 28 (19) admittance to a police training program under AS 18.65.230 29 or for certification as a police officer under AS 18.65.240 if that person's 30 prospective employer does not have access to a criminal justice information 31 system.
01 * Sec. 2. AS 18.65.220 is amended to read: 02 Sec. 18.65.220. Powers. The council has the power to 03 (1) adopt regulations for the administration of AS 18.65.130 - 04 18.65.290; 05 (2) establish minimum standards for employment as a police officer, 06 probation officer, parole officer, municipal correctional officer, and correctional 07 officer in a permanent or probationary position and certify persons to be qualified as 08 police officers, probation officers, parole officers, municipal correctional officers, and 09 correctional officers under AS 18.65.130 - 18.65.290; 10 (3) establish minimum criminal justice curriculum requirements for 11 basic, specialized, and in-service courses and programs for schools operated by or for 12 the state or a political subdivision of the state for the specific purpose of training 13 police recruits, police officers, probation officers, parole officers, municipal 14 correctional officers, and correctional officers; 15 (A) recognizing persons with disabilities; 16 (B) appropriate interactions with persons with disabilities; 17 (C) resources available to persons with disabilities and to those 18 interacting with persons with disabilities; and 19 (D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of 20 the Americans with Disabilities Act of 1990); 21 (4) consult and cooperate with municipalities, agencies of the state, 22 other governmental agencies, universities, colleges, and other institutions concerning 23 the development of police officer, probation officer, parole officer, municipal 24 correctional officer, and correctional officer training schools and programs of criminal 25 justice instruction; 26 (5) employ an administrator and other persons necessary to carry out 27 its duties under AS 18.65.130 - 18.65.290; 28 (6) investigate when there is reason to believe that a police officer, 29 probation officer, parole officer, municipal correctional officer, or correctional officer 30 does not meet the minimum standards for employment; in connection with the 31 investigation the council may subpoena persons, books, records, or documents related
01 to the investigation and require answers in writing under oath to questions asked by 02 the council or the administrator; 03 (7) charge and collect a fee of $50 for processing applications for 04 certification of police, probation, parole, municipal correctional, and correctional 05 officers; 06 (8) require a state and national criminal history record check for 07 an applicant to a training program established in AS 18.65.230 and for a person 08 to be certified as a police officer under AS 18.65.240 if that person's prospective 09 employer does not have access to a criminal justice information system. 10 * Sec. 3. AS 18.65.230 is amended by adding a new subsection to read: 11 (b) To determine a person's qualification for appointment as a police officer 12 under AS 18.65.240, each person who applies for admittance to a basic program of 13 police training established under this section shall submit to the council the person's 14 fingerprints along with the fee established in AS 12.62.160 unless the person's 15 fingerprints were previously submitted by the person's prospective employer. The 16 department shall conduct a state criminal history record check and may submit the 17 person's fingerprints to the Federal Bureau of Investigation to obtain a national 18 criminal history record check of the person under AS 12.62.400 for the purpose of 19 evaluating the person's qualifications for appointment as a police officer under 20 AS 18.65.240. 21 * Sec. 4. AS 18.65.240(b) is amended to read: 22 (b) Subject to (d) of this section, the [THE] council shall issue a certificate 23 evidencing satisfaction of the requirements of (a) of this section to an applicant who 24 satisfies those requirements or who satisfies the requirements of (a)(2) of this section 25 and satisfactorily completes a program or course of instruction in another jurisdiction 26 equivalent in content and quality to that required by the council for approved police 27 education and training programs in this state. 28 * Sec. 5. AS 18.65.240 is amended by adding a new subsection to read: 29 (d) The council may not issue a certificate under (b) of this section to an 30 applicant unless the council determines that the applicant will undergo a national 31 criminal history record check before employment as a police officer. If a prospective
01 employer of a person seeking certification under this section does not have access to a 02 criminal justice information system to obtain a report of criminal justice information 03 under AS 12.62 and a national criminal history record check, the prospective employer 04 shall submit to the council the applicant's fingerprints along with the fee established in 05 AS 12.62.160. The council or prospective employer shall submit the fingerprints to the 06 Department of Public Safety to request a national criminal history record check of the 07 person for the purpose of evaluating the person's qualifications for appointment as a 08 police officer. 09 * Sec. 6. AS 18.65.290 is amended to by adding a new paragraph to read: 10 (9) "criminal justice information system" has the meaning given in 11 AS 12.62.900. 12 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. This Act applies to a person who applies for admittance to a police 15 training program under AS 18.65.230 or who applies to be certified as a police officer under 16 AS 18.65.240 on or after the effective date of this Act. 17 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 REVISOR'S INSTRUCTIONS. The revisor of statutes is requested to change the 20 catchline of AS 18.65.230 from "Training programs" to "Training programs; fingerprints."