Legislature(2017 - 2018)
2018-04-20 House Journal
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Full Journal pdf2018-04-20 House Journal Page 3379 Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "Hairdressers;" (title amendment): Insert "relating to licensing of individuals with criminal records;" Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS 08.01.077 is amended by adding new subsections to read: (b) Notwithstanding any other provision of this title, the licensing board or department may not consider an arrest that is not followed by a conviction as the basis for the denial or nonrenewal of a license or grounds for disciplinary action. (c) A licensing board and the department shall specify in regulation the criminal convictions that disqualify an applicant from obtaining a license and shall define "good moral character" or "moral turpitude" in regulation if either standard is used by the licensing board or department in determining whether to issue or renew a license. A disqualifying criminal conviction must directly relate to the duties and responsibilities of the applicable licensed occupation. (d) In determining whether to deny a license to an applicant with a criminal conviction, the board or department shall consider (1) the nature and seriousness of the crime; (2) the amount of time that has passed since the conviction; (3) the relationship between the nature of the crime and the duties and responsibilities of the occupation for which the license is sought; and (4) evidence of rehabilitation or treatment undertaken by the applicant since the conviction. (e) Notwithstanding any other provision of this title, the licensing board or department may not disqualify an applicant for more than three years from the later of the date of the most recent criminal conviction or release from incarceration based on a criminal conviction, unless the (1) disqualifying conviction is for a violation of AS 11.41 or a crime in another jurisdiction that has similar elements; or