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HB 169: "An Act relating to occupational licensing fees for low-income workers and military families; relating to licensing of individuals with criminal records; relating to apprenticeship programs; relating to the minimum wage; relating to lobbying; and relating to municipal occupational licensing fees and requirements."

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                                      
15       who                                                                                                               
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                                
08       reapplication.                                                                                                    
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                                           
07       requirements).                                                                                                    
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                          
31 read:                                                                                                                   
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.