SB 96: "An Act relating to access to criminal history records and to revocation of or failure to renew certain licenses based on criminal conduct or alleged criminal conduct; and providing for an effective date."
00SENATE BILL NO. 96 01 "An Act relating to access to criminal history records and to revocation of or 02 failure to renew certain licenses based on criminal conduct or alleged criminal 03 conduct; and providing for an 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 by the department within five business days after the 10 criminal justice information is [THEY ARE] received. The department shall require 11 the grantee or contractor to request [DO] the criminal justice information 12 [RECORDS REQUEST] and , the department shall review the information 13 [REQUIRED] under this subsection for a home care provider employed by a person 14 who has a grant or contract from the department to provide home care services.
01 * Sec. 2. AS 47.14.100(h) is amended to read: 02 (h) The department may not pay for respite care, as defined in (d) of this 03 section, unless the department or the entity that has contracted with the department to 04 provide the respite care requests criminal justice information [RECORDS] under 05 AS 12.62.160 [AS 12.62.035(a)] for the individual who provides the respite care within 06 10 business days after the individual is hired to provide respite care and , the 07 department reviews the criminal justice information [RECORDS] within five 08 business days after receiving the criminal justice information [THEM]. 09 * Sec. 3. AS 47.35.130(a) is amended to read: 10 (a) In addition to the ground of violation of this chapter or a regulation 11 adopted under this chapter, the department may revoke, or decline to renew, a license 12 issued under this chapter on one or more of the following grounds: 13 (1) failure to submit a timely and complete renewal application; 14 (2) the indictment or charging by information or complaint, or a 15 criminal conviction within the last 10 years, of the licensee or administrator, foster 16 parent, member of the licensee's household, regular volunteer, or staff person for 17 (A) a felony; 18 (B) a misdemeanor crime of assault, reckless endangerment, 19 contributing to the delinquency of a minor, or misconduct involving a 20 controlled substance; or 21 (C) the crime of perjury, as defined in AS 11 or the laws of 22 another jurisdiction; 23 (3) the conviction, indictment, presentment, or charging of the licensee 24 or an administrator, foster parent, member of the licensee's household, regular 25 volunteer, or staff person at any time for a serious offense; "serious offense" in this 26 paragraph has the meaning given in AS 12.62.900 [SEX CRIME AS DEFINED IN 27 AS 12.62.035]; 28 (4) obtaining or attempting to obtain or retain a license under this 29 chapter by fraudulent means, misrepresentation, or by submitting false information; 30 (5) failure to correct a violation noted in a report of investigation 31 provided under AS 47.35.105(c) or 47.35.110(b);
01 (6) failure to comply with a final administrative order issued by the 02 department under AS 47.35.120. 03 * Sec. 4. AS 47.65.050(b) is amended to read: 04 (b) The commission may not make payments to a sponsor whose program 05 includes family respite care services or home care services unless the sponsor has 06 agreed to request criminal justice information [RECORDS] under AS 12.62.160 07 [AS 12.62.035(a)] for the individual who will provide the services within 10 business 08 days after the individual is hired to provide the services and , the commission reviews 09 [REVIEW] the criminal justice information [RECORDS] within five business days 10 after receiving the criminal justice information [THEM]. 11 * Sec. 5. AS 47.65.100(e) is amended to read: 12 (e) The commission may not award a grant under this section for family 13 respite care services or for adult day care services that include home care services 14 unless the grantee has agreed to request criminal justice information [RECORDS] 15 under AS 12.62.160 [AS 12.62.035(a)] for the individual who will provide the services 16 within 10 business days after the individual is hired to provide the services and , the 17 commission reviews [REVIEW] the criminal justice information [RECORDS] within 18 five business days after receiving the criminal justice information [THEM]. 19 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).