00 HOUSE BILL NO. 65                                                                                                     
01 "An Act making corrective amendments to the Alaska Statutes relating to certain                                         
02 repealed law as recommended by the revisor of statutes; and providing for an                                            
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 47.05.017(a) is amended to read:                                                                  
06  (a)  State money may not be used for a home care provider unless  criminal                                           
07 justice information  [RECORDS] under  AS 12.62.160 is  [AS 12.62.035(a) ARE]                                         
08 requested for the provider within 10 business days after the provider is hired to provide                               
09 the care and  is  [ARE] reviewed within five business days after  the criminal justice                               
10 information is  [THEY ARE] received.  The department shall require the grantee or                                      
11 contractor to do the  criminal justice information  [RECORDS] request and review                                      
12 required under this subsection for a home care provider employed by a person who has                                    
13 a grant or contract from the department to provide home care services.                                                  
14    * Sec. 2.  AS 47.14.100(h) is amended to read:                                                                     
01  (h)  The department may not pay for respite care, as defined in (d) of this                                           
02 section, unless the department or the entity that has contracted with the department to                                 
03 provide the respite care requests  criminal justice information  [RECORDS] under                                      
04  AS 12.62.160  [AS 12.62.035(a)] for the individual who provides the respite care within                              
05 10 business days after the individual is hired to provide respite care and reviews the                                  
06  criminal justice information  [RECORDS] within five business days after receiving                                    
07  the criminal justice information  [THEM].                                                                            
08    * Sec. 3.  AS 47.35.130(a) is amended to read:                                                                     
09  (a)  In addition to the ground of violation of this chapter or a regulation                                           
10 adopted under this chapter, the department may revoke, or decline to renew, a license                                   
11 issued under this chapter on one or more of the following grounds:                                                      
12   (1)  failure to submit a timely and complete renewal application;                                                    
13   (2)  the indictment or charging by information or complaint, or a                                                    
14 criminal conviction within the last 10 years, of the licensee or administrator, foster                                  
15 parent, member of the licensee's household, regular volunteer, or staff person for                                      
16   (A)  a felony;                                                                                                      
17   (B)  a misdemeanor crime of assault, reckless endangerment,                                                         
18 contributing to the delinquency of a minor, or misconduct involving a                                                   
19 controlled substance; or                                                                                                
20   (C)  the crime of perjury, as defined in AS 11 or the laws of                                                       
21 another jurisdiction;                                                                                                   
22   (3)  the conviction, indictment, presentment, or charging of the licensee                                            
23 or an administrator, foster parent, member of the licensee's household, regular                                         
24 volunteer, or staff person at any time for a  violation or attempted violation of                                      
25 AS 11.41.410 - 11.41.470, AS 11.61.110(a)(7), or AS 11.66.100 - 11.66.130; former                                       
26 AS 11.15.120, 11.15.134, or 11.15.160; former AS 11.40.080, 11.40.110, 11.40.130,                                       
27 or 11.40.200 - 11.40.420; or the laws of another jurisdiction if the offense would                                      
28 have been a crime in this state under one of the sections listed in this paragraph                                      
29 if committed in the state  [SEX CRIME AS DEFINED IN AS 12.62.035];                                                     
30   (4)  obtaining or attempting to obtain or retain a license under this                                                
31 chapter by fraudulent means, misrepresentation, or by submitting false information;                                     
01   (5)  failure to correct a violation noted in a report of investigation                                               
02 provided under AS 47.35.105(c) or 47.35.110(b);                                                                         
03   (6)  failure to comply with a final administrative order issued by the                                               
04 department under AS 47.35.120.                                                                                          
05    * Sec. 4.  AS 47.65.050(b) is amended to read:                                                                     
06  (b)  The commission may not make payments to a sponsor whose program                                                  
07 includes family respite care services or home care services unless the sponsor has                                      
08 agreed to request  criminal justice information  [RECORDS] under  AS 12.62.160                                      
09 [AS 12.62.035(a)] for the individual who will provide the services within 10 business                                   
10 days after the individual is hired to provide the services and review the  criminal                                    
11 justice information  [RECORDS] within five business days after receiving  the                                         
12 criminal justice information  [THEM].                                                                                  
13    * Sec. 5.  AS 47.65.100(e) is amended to read:                                                                     
14  (e)  The commission may not award a grant under this section for family                                               
15 respite care services or for adult day care services that include home care services                                    
16 unless the grantee has agreed to request  criminal justice information  [RECORDS]                                     
17 under  AS 12.62.160  [AS 12.62.035(a)] for the individual who will provide the services                               
18 within 10 business days after the individual is hired to provide the services and review                                
19 the  criminal justice information  [RECORDS] within five business days after                                          
20 receiving  the criminal justice information  [THEM].                                                                  
21    * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c).