00 HOUSE BILL NO. 169
01 "An Act relating to occupational licensing fees for low-income workers and military
02 families; relating to licensing of individuals with criminal records; relating to
03 apprenticeship programs; relating to the minimum wage; relating to lobbying; and
04 relating to municipal occupational licensing fees and requirements."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. AS 08.01.065(c) is amended to read:
07 (c) Except as provided in (f) - (m) [(f) - (j)] of this section, the department
08 shall establish fee levels under (a) of this section so that the total amount of fees
09 collected for an occupation approximately equals the actual regulatory costs for the
10 occupation. The department shall annually review each fee level to determine whether
11 the regulatory costs of each occupation are approximately equal to fee collections
12 related to that occupation. If the review indicates that an occupation's fee collections
13 and regulatory costs are not approximately equal, the department shall calculate fee
14 adjustments and adopt regulations under (a) of this section to implement the
01 adjustments. In January of each year, the department shall report on all fee levels and
02 revisions for the previous year under this subsection to the office of management and
03 budget. If a board regulates an occupation covered by this chapter, the department
04 shall consider the board's recommendations concerning the occupation's fee levels and
05 regulatory costs before revising fee schedules to comply with this subsection. In this
06 subsection, "regulatory costs" means costs of the department that are attributable to
07 regulation of an occupation plus
08 (1) all expenses of the board that regulates the occupation if the board
09 regulates only one occupation;
10 (2) the expenses of a board that are attributable to the occupation if the
11 board regulates more than one occupation.
12 * Sec. 2. AS 08.01.065 is amended by adding new subsections to read:
13 (k) The applicable board or department shall waive initial occupational
14 licensing fees and examination fees for an individual who applies for a waiver and
16 (1) meets the low-income threshold established by the department;
17 (2) is a current or former member of the armed forces of the United
18 States; or
19 (3) is the spouse of a current or former member of the armed forces of
20 the United States.
21 (l) An individual seeking waiver of initial occupational licensing fees and
22 examination fees under (k) of this section must apply to the appropriate licensing
23 board or the department in a format prescribed by the licensing board or department.
24 The licensing board or department shall process the application within 30 days after
25 receiving it from the applicant.
26 (m) The licensing board or department shall adopt regulations necessary to
27 implement (k) and (l) of this section. The regulations must include a low-income
28 threshold for waiver of licensing fees and examination fees that is based on enrollment
29 in a state or federal public assistance program or on the applicant's household adjusted
30 gross income being under 130 percent of the federal poverty line, unless a higher
31 threshold is set by the department.
01 * Sec. 3. AS 08.01.077 is amended by adding new subsections to read:
02 (b) Notwithstanding any other provision of this title, the licensing board or
03 department may not consider an arrest that is not followed by a conviction as the basis
04 for the denial or nonrenewal of a license or grounds for disciplinary action.
05 (c) A licensing board and the department shall specify in regulation the
06 criminal convictions that disqualify an applicant from obtaining a license and shall
07 define "good moral character" or "moral turpitude" in regulation if either standard is
08 used by the licensing board or department in determining whether to issue or renew a
09 license. A disqualifying criminal conviction must directly relate to the duties and
10 responsibilities of the applicable licensed occupation.
11 (d) In determining whether to deny a license to an applicant with a criminal
12 conviction, the board or department shall consider
13 (1) the nature and seriousness of the crime;
14 (2) the amount of time that has passed since the conviction;
15 (3) the relationship between the nature of the crime and the duties and
16 responsibilities of the occupation for which the license is sought; and
17 (4) evidence of rehabilitation or treatment undertaken by the applicant
18 since the conviction.
19 (e) Notwithstanding any other provision of this title, the licensing board or
20 department may not disqualify an applicant for more than three years from the later of
21 the date of the most recent criminal conviction or release from incarceration based on
22 a criminal conviction, unless the
23 (1) disqualifying conviction is for a violation of AS 11.41 or a crime in
24 another jurisdiction that has similar elements; or
25 (2) applicant has been convicted of any other crime during the
26 disqualification period.
27 (f) An individual with a conviction of record may petition the licensing board
28 or department for a determination of whether the individual's conviction will
29 disqualify the individual from obtaining a license. The licensing board or department
30 may charge a fee not to exceed $25 for each petition. The board or department shall
31 inform the individual of its determination within 30 days after receiving the
01 individual's application.
02 (g) If the board or department denies an application based on an applicant's
03 prior criminal conviction, the board or department shall notify the applicant
04 (1) of the grounds and reasons for the denial or disqualification;
05 (2) of the applicant's right to a hearing;
06 (3) of the earliest date the applicant may reapply for the license; and
07 (4) that evidence of rehabilitation or treatment may be considered upon
09 (h) Before denying an application, the board or the department shall find, by
10 substantial evidence in light of the whole record, that an applicant's criminal
11 conviction is a disqualifying conviction and is directly related to the duties and
12 responsibilities of the licensed occupation. The board or department shall document
13 written findings for each of the factors under (d) of this section.
14 (i) The board or department shall have the burden of proof to show that a
15 disqualifying criminal conviction directly relates to the occupation for which the
16 license is sought.
17 * Sec. 4. AS 08.02 is amended by adding a new section to read:
18 Sec. 08.02.060. Apprenticeship programs. (a) Notwithstanding any other
19 provision of this title, a board or the department shall grant an occupational license to
20 an applicant who
21 (1) has completed eighth grade;
22 (2) has successfully completed an apprenticeship approved by the
23 appropriate licensing board, the department, or the United States Department of Labor,
24 or that is otherwise permitted under state or federal law;
25 (3) has passed the appropriate licensing examination, if applicable;
26 (4) is at least 18 years of age; and
27 (5) has completed the number of apprenticeship hours equal to the
28 number of hours required for licensing training.
29 (b) This section does not apply to a license or certificate issued under
30 AS 08.04.100, 08.04.110, AS 08.11.010, AS 08.29.110, AS 08.36.110, AS 08.38.030,
31 AS 08.42.050, AS 08.45.030, AS 08.63.100, AS 08.64.200, 08.64.205, 08.64.225,
01 AS 08.68.170, AS 08.72.140, AS 08.80.110, AS 08.84.030, 08.84.032, AS 08.86.130,
02 08.86.162, AS 08.95.110, or AS 08.98.165.
03 (c) The applicable board or department may adopt regulations to implement
04 this section.
05 * Sec. 5. AS 29.10.200 is amended by adding a new paragraph to read:
06 (68) AS 29.35.143 (municipal occupational licensing fees and
08 * Sec. 6. AS 29.35 is amended by adding a new section to read:
09 Sec. 29.35.105. Minimum wage. A municipality may not enact or enforce a
10 minimum wage that differs from the state minimum wage calculated under
11 AS 23.10.065.
12 * Sec. 7. AS 29.35 is amended by adding a new section to read:
13 Sec. 29.35.143. Municipal occupational licensing fees and requirements;
14 lobbying services. (a) Except as specifically provided by statute, the authority to
15 regulate and establish occupational licensing fees and requirements is reserved to the
16 state, and, except as specifically provided by law, a municipality may not enact or
17 enforce an occupational licensing fee or requirement that was not enacted before the
18 effective date of this Act.
19 (b) For an occupational licensing fee enacted by a municipality before the
20 effective date of this Act, the municipality shall waive initial occupational licensing
21 fees for an individual who qualifies for a waiver under AS 08.01.065(k) and who
22 applies for a municipal license on or after the effective date of this Act. An individual
23 seeking a waiver under this subsection must apply to the municipality in a format
24 prescribed by the municipality. The municipality shall process the application within
25 30 days after receiving it from the applicant.
26 (c) A municipality may not purchase lobbying services from a professional
27 lobbyist or private entity that provides lobbying services for a municipal licensing
28 board or agency.
29 (d) This section applies to home rule and general law municipalities.
30 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to
01 APPLICABILITY. AS 29.35.143(c), added by sec. 7 of this Act, applies to the
02 purchase of lobbying services and contracts relating to lobbying services entered into on or
03 after the effective date of this Act.