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SB 148: "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                             SENATE BILL NO. 148                                                                         
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."