CSSB 179(HES): "An Act relating to criminal history records and background checks; allowing persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development; allowing teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date."
00 CS FOR SENATE BILL NO. 179(HES) 01 "An Act relating to criminal history records and background checks; allowing persons 02 to teach in the public schools for up to five months without a teaching certificate if the 03 person has applied for a certificate and the application has not been acted upon by the 04 Department of Education and Early Development; allowing teacher certification for 05 certain persons based on a criminal history background check without fingerprints; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.11.295(a) is amended to read: 09 (a) An applicant for the issuance or transfer of a license or permit under this 10 title shall submit to the board, with the application, the applicant's fingerprints and the 11 fees required by the Department of Public Safety under AS 12.62.160 for criminal 12 justice information and a national criminal history record check. The board may 13 require an applicant for renewal of a license under this title to submit fingerprints and
01 pay fees as required by this subsection. The board shall submit the fingerprints to the 02 Department of Public Safety to obtain a report of criminal justice information under 03 AS 12.62 and a national criminal history record check under AS 12.62.400. The 04 Department of Public Safety may submit the fingerprints to the Federal Bureau of 05 Investigation for a national criminal history record check. The board shall use the 06 information obtained under this section in its determination of an applicant's 07 qualification for issuance, transfer, or renewal of a license. 08 * Sec. 2. AS 04.11.295(b)(1) is amended to read: 09 (1) "applicant" means all individuals whose names and addresses are 10 required to be provided with an application for a new license or permit under 11 AS 04.11.260; 12 * Sec. 3. AS 08.08.137 is amended to read: 13 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an 14 applicant for admission to be fingerprinted and provide the fees required by the 15 Department of Public Safety under AS 12.62.160 for criminal justice information 16 and a national criminal history record check. The fingerprints and fees shall be 17 forwarded to the Department of Public Safety to obtain a report of criminal 18 justice information under AS 12.62 and a national criminal history record check 19 under AS 12.62.400 [USED TO DETERMINE WHETHER THE APPLICANT HAS 20 A RECORD OF CRIMINAL CONVICTIONS IN THIS STATE OR ANOTHER 21 JURISDICTION]. The Board of Governors may use the information obtained from 22 the fingerprinting only in its official determination of the character and fitness of the 23 applicant for admission to the Alaska Bar Association. 24 * Sec. 4. AS 08.24.120 is amended to read: 25 Sec. 08.24.120. Application for operator's license. (a) An application for 26 an operator's license shall be made on forms furnished by the department and must 27 contain the information required in AS 08.24.110 and the following: 28 (1) a complete set of fingerprints and the fees required by the 29 Department of Public Safety under AS 12.62.160 for criminal justice information 30 and a national criminal history record check; 31 (2) a 2" x 3" photograph showing a front view of head and shoulders;
01 (3) if it is an original application, the application fee; 02 (4) the biennial license fee. 03 (b) The department may make a complete investigation of applicants, 04 including inquiry of police agencies as to the applicant's record of arrest or conviction 05 of crime. The department shall submit the fingerprints and fees received under 06 (a)(1) of this section to the Department of Public Safety for a report of criminal 07 justice information under AS 12.62 and a national criminal history record check 08 under AS 12.62.400. 09 * Sec. 5. AS 08.68.110(a) is amended by adding a new paragraph to read: 10 (10) require applicants under this chapter to submit fingerprints and the 11 fees required by the Department of Public Safety under AS 12.62.160 for criminal 12 justice information and a national criminal history record check; the department shall 13 submit the fingerprints and fees to the Department of Public Safety for a report of 14 criminal justice information under AS 12.62 and a national criminal history record 15 check under AS 12.62.400. 16 * Sec. 6. AS 12.62.160 is amended by adding a new subsection to read: 17 (e) When an interested person requests information under (b)(9) of this 18 section, the department may also conduct a national criminal history record check 19 under AS 12.62.400 if the person submits the fees required for that check under (d) of 20 this section. 21 * Sec. 7. AS 12.62 is amended by adding a new section to read: 22 Article 1A. National Criminal History Record Check. 23 Sec. 12.62.400. National criminal history records checks for employment, 24 licensing, and noncriminal justice purposes. (a) When a national criminal history 25 record check is authorized by law and upon receipt of the fingerprints of the person 26 subject to the check and the fees required under AS 12.62.160, the department may 27 submit the fingerprints to the Federal Bureau of Investigation to obtain a national 28 criminal history record check of the person. 29 (b) The department may release the results of the national criminal history 30 record check obtained under (a) of this section to a government agency that 31 (1) is required or authorized by law to evaluate the person's fitness or
01 qualifications for a position, license, or other purpose; or 02 (2) has agreed in writing to evaluate the person's fitness or 03 qualifications for a position, license, or other purpose on behalf of another person who 04 is required or authorized by law to evaluate the person's fitness or qualifications but is 05 not a government agency. 06 * Sec. 8. AS 14.20.010 is amended to read: 07 Sec. 14.20.010. Teacher certificate required. A person may not be 08 employed as a teacher in the public schools of the state unless that person possesses a 09 valid teacher certificate except that a person who has made application to the 10 department for a teacher certificate, including a preliminary teacher certificate under 11 AS 14.20.015, or renewal of a teacher certificate that has not been acted upon by the 12 department may be employed as a teacher in the public schools of the state until the 13 department has taken action on the application, but in no case may employment 14 without a certificate last longer than five [THREE] months. 15 * Sec. 9. AS 14.20.020(c) is amended to read: 16 (c) The board may establish by regulation additional requirements for the 17 issuance of certificates. The board shall require teachers to submit fingerprints 18 and the fees required by the Department of Public Safety under AS 12.62.160 for 19 criminal justice information and a national criminal history record check. The 20 board shall submit the fingerprints and fees to the Department of Public Safety 21 for a report of criminal justice information under AS 12.62 and a national 22 criminal history record check under AS 12.62.400. The department shall establish 23 by regulation the fees to be charged for each certificate [, INCLUDING FEES FOR 24 CRIMINAL HISTORY BACKGROUND CHECKS] and for other charges assessed 25 against teachers as part of certification. In establishing the fees to be charged, the 26 department shall establish the fee levels so that the total amount of the fees collected 27 relating to the certification of teachers approximately equals, when added to the other 28 fees collected from teachers, the actual regulatory costs for certifying and disciplining 29 teachers in the state. The department shall annually review each fee level to determine 30 whether the regulatory costs are approximately equal to fee collections. If the review 31 indicates that fee collections and regulatory costs are not approximately equal, the
01 department shall calculate fee adjustments to the fees for certification of teachers and 02 adopt regulations under this subsection to implement the adjustments. In January of 03 each year, the department shall report on all fee levels and revisions for the previous 04 year under this subsection to the office of management and budget. The department 05 shall consider the board's recommendations concerning the fee levels and regulatory 06 costs before revising fee schedules to comply with this subsection. In this subsection, 07 "regulatory costs" means costs of the department that are attributable to regulation of 08 the teaching profession, including the portion of the expenses of the board that are 09 attributable to the regulation of the teaching profession and the expenses of the 10 Professional Teaching Practices Commission. 11 * Sec. 10. AS 14.20.020 is amended by adding a new subsection to read: 12 (j) Whenever required by a provision of this chapter to submit fingerprints to 13 use for a criminal background check for the purpose of determining a person's 14 suitability for employment as a teacher, the department shall accept a name-based 15 criminal history background check on a person from the agency performing the 16 background check if the 17 (1) person cannot submit legible fingerprint cards due to a permanent 18 disability that precludes the person's ability to submit fingerprints; or 19 (2) agency informs the department that its examination of at least two 20 separate sets of fingerprint cards shows that the person's fingerprints are illegible due 21 to a permanent skin condition. 22 * Sec. 11. AS 14.20.022(b) is amended to read: 23 (b) To be eligible for a subject-matter expert limited teacher certificate, a 24 person shall 25 (1) hold at least a baccalaureate degree from an institution of higher 26 education accredited by a recognized regional or national accrediting association or 27 approved by the commissioner and 28 (A) have majored or minored in the subject that the person will 29 be teaching; or 30 (B) have at least five years experience in the subject matter that 31 the person will be teaching;
01 (2) have submitted fingerprints and the fees required by the 02 Department of Public Safety under AS 12.62.160 for criminal justice information 03 and a national criminal history record check to the department; the department 04 must have submitted the fingerprints and fees to the Department of Public Safety 05 for a report of criminal justice information under AS 12.62 and a national 06 criminal history record check under AS 12.62.400 and the person must [TO BE 07 USED FOR A CRIMINAL HISTORY BACKGROUND CHECK AND] have been 08 found by the department to be suitable for employment as a teacher under 09 AS 14.20.020(f); and 10 (3) be currently enrolled in an approved post-baccalaureate teacher 11 education program at a regionally accredited institution meeting the requirements of 12 AS 14.20.020(b) that provides for completion of the regular teacher certificate 13 education requirements within two years after receipt of a subject-matter expert 14 limited teacher certificate under this section [; AND 15 (4) PAY THE FEE REQUIRED BY THE DEPARTMENT UNDER 16 AS 14.20.020(c) TO DEFRAY THE COST OF THE CRIMINAL HISTORY 17 BACKGROUND CHECK; THE AMOUNT MAY NOT EXCEED THE FEE 18 REQUIRED FOR APPLICATION FOR AN INITIAL REGULAR TEACHER 19 CERTIFICATE]. 20 * Sec. 12. AS 18.20.302(a) is amended to read: 21 (a) A nursing facility may not employ an individual in a paid position that the 22 department has determined is covered by this section, according to its regulations, 23 unless the individual, before beginning employment, 24 (1) provides to the facility a sworn statement as to whether the 25 individual has been convicted of an offense described in (c) of this section; 26 (2) provides to the facility the results of a name-check criminal 27 background investigation that was completed by the Department of Public Safety no 28 more than 30 days before the individual is hired; and 29 (3) submits to the facility two full sets of the individual's fingerprints 30 and the fees required under AS 12.62.160 by the Department of Public Safety for 31 criminal justice information under AS 12.62 and a national criminal history
01 record check under AS 12.62.400. 02 * Sec. 13. AS 18.20.302(b) is amended to read: 03 (b) Within 30 days after employing an individual in a paid position, a nursing 04 facility shall submit to the Department of Public Safety the fingerprints and fees 05 obtained under (a)(3) of this section. The Department of Public Safety shall submit 06 the fingerprints to the Federal Bureau of Investigation for a national criminal history 07 record check. When the results are received, the department shall advise the facility of 08 (1) the date on which the fingerprint background check was completed; 09 and 10 (2) whether the check shows that the individual has committed an 11 offense described in (c) of this section. 12 * Sec. 14. AS 18.65.410(a) is amended to read: 13 (a) Application for a license as a security guard must be made on forms 14 provided by the commissioner. The application must require the furnishing of 15 information reasonably required by the commissioner to carry out the provisions of 16 AS 18.65.400 - 18.65.490, including classifiable fingerprints and the fees required 17 under AS 12.62.160 for criminal justice information under AS 12.62 and a 18 national criminal history record check under AS 12.62.400 to determine if the 19 applicant has [TO ENABLE THE SEARCH OF CRIMINAL INDICES FOR 20 EVIDENCE OF] a prior criminal record. The application must be accompanied by a 21 nonrefundable application fee of $50 for a security guard and $200 for a security 22 guard agency. 23 * Sec. 15. AS 18.65.700(a) is amended to read: 24 (a) The department shall issue a permit to carry a concealed handgun to a 25 person who 26 (1) applies in person at an office of the Alaska State Troopers; 27 (2) qualifies under AS 18.65.705; 28 (3) submits a completed application on a form provided by the 29 department, that provides the information required under AS 18.65.705 and 18.65.710; 30 with each application form provided by the department, the department shall provide a 31 copy of the state laws and regulations relating to concealed handguns, which must
01 include a concise summary of where, when, and by whom a handgun can be carried 02 under state and federal law; 03 (4) submits two complete sets of fingerprints on Federal Bureau of 04 Investigation approved fingerprint cards that are of sufficient quality so that the 05 fingerprints may be processed; the fingerprints must be taken by a person, group, or 06 agency approved by the department; the department shall maintain a list of persons, 07 groups, or agencies approved to take fingerprints and shall provide the list to the 08 public upon request; the fingerprints shall be used to obtain a report of criminal 09 justice information under AS 12.62 and a national criminal history record check 10 under AS 12.62.400; 11 (5) submits evidence of successful completion of a handgun course as 12 provided in AS 18.65.715; 13 (6) provides one frontal view color photograph of the person taken 14 within the preceding 30 days that includes the head and shoulders of the person and is 15 of a size specified by the department; 16 (7) shows a valid Alaska driver's license or identification card at the 17 time of application; 18 (8) does not suffer a physical infirmity that prevents the safe handling 19 of a handgun; and 20 (9) pays the application fee required by AS 18.65.720. 21 * Sec. 16. AS 21.27.040(e) is amended to read: 22 (e) As part of the application required by (a) of this section, an applicant shall 23 furnish to the director a full set of fingerprints and the fees required by the 24 Department of Public Safety under AS 12.62.160 for criminal justice information 25 and a national criminal history record check so that the director may obtain 26 criminal justice information as provided under AS 12.62 about the applicant. The 27 director shall submit the completed fingerprint card and fees to the Department of 28 Public Safety for a report of criminal justice information under AS 12.62 and a 29 national criminal history record check under AS 12.62.400 [. THE 30 DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO SUBMIT THE 31 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR A
01 NATIONAL CRIMINAL HISTORY RECORD CHECK]. 02 * Sec. 17. AS 22.20.130(a) is amended to read: 03 (a) The commissioner shall be assisted in the execution of the authority and 04 duty vested by AS 22.20.100 - 22.20.140 by members of the division of state troopers 05 or Alaska state constabulary who the commissioner designates. The commissioner is 06 responsible on official bond for the acts of all persons designated under this 07 subsection. The persons designated under this subsection have the same authority and 08 duty granted to the commissioner and are subject to orders of the courts of the state in 09 the same manner as the commissioner. They are responsible to the commissioner and 10 to the courts, and shall be executive officers of the courts. In order to be designated 11 under this section, the commissioner may require the person to submit the 12 person's fingerprints and the fees required under AS 12.62.160 for criminal 13 justice information and a national criminal history record check. The 14 commissioner may obtain a report of criminal justice information under 15 AS 12.62 and a national criminal history record check under AS 12.62.400. 16 * Sec. 18. AS 28.15.046(b) is amended to read: 17 (b) The department may not issue a license under this section unless the 18 applicant 19 (1) is at least 21 years of age; 20 (2) has had a license to operate a motor vehicle at least three years 21 before the date of application; 22 (3) has successfully completed all required driving, written, and 23 physical examinations; 24 (4) has submitted the applicant's fingerprints, the fees required by 25 the Department of Public Safety under AS 12.62.160 for criminal justice 26 information and a national criminal history record check, and other information 27 sufficient to complete a background check consisting of a fingerprint check of national 28 criminal records and state criminal records of the state or states in which the applicant 29 has resided for the past two years; the department shall submit the fingerprints and 30 fees to the Department of Public Safety for a report of criminal justice 31 information under AS 12.62 and a national criminal history record check under
01 AS 12.62.400; 02 (5) has completed a state approved school bus driver training course 03 established under AS 14.07.020(a)(14) or has for the previous two years been licensed 04 by the state to operate a school bus. 05 * Sec. 19. AS 28.17.031 is amended by adding a new subsection to read: 06 (c) The department shall require an applicant for a license under this chapter 07 to submit the applicant's fingerprints and the fees required by the Department of 08 Public Safety under AS 12.62.160 for criminal justice information and a national 09 criminal history record check. The department shall submit the fingerprints and fees 10 to the Department of Public Safety for a report of criminal justice information under 11 AS 12.62 and a national criminal history record check under AS 12.62.400. 12 * Sec. 20. AS 45.55.040 is amended by adding a new section to read: 13 (k) The administrator shall require an applicant for registration under 14 AS 45.55.030 - 45.55.060 to submit the applicant's fingerprints and the fees required 15 by the Department of Public Safety under AS 12.62.160 for criminal justice 16 information and a national criminal history record check. The administrator shall 17 submit the fingerprints and fees to the Department of Public Safety for a report of 18 criminal justice information under AS 12.62 and a national criminal history record 19 check under AS 12.62.400. 20 * Sec. 21. AS 47.05.017(a) is amended to read: 21 (a) State money may not be used for a home care provider unless records 22 under AS 12.62.160 and 12.62.400 [AS 12.62.035(a)] are requested for the provider 23 within 10 business days after the provider is hired to provide the care and are reviewed 24 within five business days after they are received. The department shall require the 25 grantee or contractor to do the records request [AND REVIEW] required under this 26 subsection for a home care provider employed by a person who has a grant or contract 27 from the department to provide home care services. 28 * Sec. 22. AS 47.33.100(a) is amended to read: 29 (a) An assisted living home may not employ an individual in a paid position 30 that the applicable licensing agency has determined is covered by this section, 31 according to its regulations, unless the individual, before beginning employment,
01 (1) provides to the home a sworn statement as to whether the 02 individual has been convicted of an offense described in (c) of this section; [AND] 03 (2) provides to the home the results of a name-check criminal 04 background investigation that was completed by the Department of Public Safety no 05 more than 30 days before the individual is hired; and 06 (3) submits to the home two full sets of the individual's fingerprints 07 and the fees required by the Department of Public Safety under AS 12.62.160 for 08 criminal justice information and a national criminal history record check. 09 * Sec. 23. AS 47.33.100(b) is amended to read: 10 (b) Within 30 days after employing an individual in a paid position, an 11 assisted living home shall submit to the Department of Public Safety the fingerprints 12 and fees obtained under (a)(3) of this section for a report of criminal justice 13 information under AS 12.62 and a national criminal history record check under 14 AS 12.62.400 [. THE DEPARTMENT OF PUBLIC SAFETY SHALL SUBMIT 15 THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR 16 A NATIONAL CRIMINAL HISTORY RECORD CHECK]. When the results are 17 received, the department shall advise the home of 18 (1) the date on which the fingerprint background check was completed; 19 and 20 (2) whether the check shows that the individual has committed an 21 offense described in (c) of this section. 22 * Sec. 24. AS 47.33.550 is amended by adding a new subsection to read: 23 (j) In evaluating whether administrative sanctions may be imposed under this 24 section, a licensing agency may require a person to provide the person's fingerprints 25 and the fees required by the Department of Public Safety under AS 12.62.160 for 26 criminal justice information and a national criminal history record check. The 27 licensing agency shall submit the fingerprints and fees to the Department of Public 28 Safety for a report of criminal justice information under AS 12.62 and a national 29 criminal history record check under AS 12.62.400. 30 * Sec. 25. AS 47.35.017(b) is amended to read: 31 (b) An application submitted under this section must contain at least the
01 following information: 02 (1) the name and address of the applicant and, if the applicant is an 03 agency, corporation, partnership, association, or any other form of organization, the 04 name, address, and title of each individual who has an ownership or management 05 interest in the facility; if the applicant is an individual, the application must include the 06 name, age, and driver's license number, if any, of each member of the individual's 07 household; 08 (2) the name, physical location, and mailing address of the facility or 09 agency for which the license is sought; 10 (3) the name and address of the administrator of the facility or agency, 11 if any; 12 (4) evidence that the administrator or foster parent is an adult with 13 sufficient experience, training, or education to fulfill the duties of an administrator or 14 foster parent; 15 (5) a release for the administrator or foster parent and for each other 16 person who is 16 years of age or older, as specified by the department by regulation, 17 who will have contact with individuals served by the facility or agency, authorizing 18 the department to review all federal, state, and municipal criminal justice information, 19 whether of this state, of a municipality of this state, or of another jurisdiction, medical 20 records, licensing records, and protective services records, identified in regulations 21 adopted under this chapter, that are relevant to the person who is the subject of the 22 release and to the type of license for which the application has been submitted; 23 (6) two sets of fingerprints, the fees required by the Department of 24 Public Safety under AS 12.62.160 for criminal justice information and a national 25 criminal history record check, and the social security number of each person 26 required to provide a release under (5) of this subsection; [IN ORDER FOR] the 27 department shall [TO] submit the fingerprints and fees to the Department of Public 28 Safety to obtain a report of [FOR THE PURPOSE OF CONDUCTING STATE 29 AND NATIONAL CRIMINAL BACKGROUND CHECKS FROM] criminal justice 30 information [RECEIVED] under AS 12.62 and a national criminal history record 31 check under AS 12.62.400 [REGULATIONS ADOPTED UNDER AS 12.62]; the
01 department may not approve an application under this section until the report and the 02 results of the national criminal history record [BACKGROUND] check have been 03 submitted to the department; 04 (7) for a facility, the number of individuals that will be served in the 05 facility; 06 (8) the type of facility or agency for which the license is sought; 07 (9) copies of all inspection reports and approvals required by state fire 08 prevention and environmental health and safety authorities for operation of the facility 09 or agency, including any variances granted by these authorities; 10 (10) a plan of operation, as required by the department by regulation; 11 (11) a staffing plan that describes the number of people who will work 12 at the facility or agency, staff qualifications, a description of each person's 13 responsibilities, and, for a facility other than a maternity home, a supervision schedule 14 for the children in care that meets the requirements established by the department by 15 regulation; 16 (12) evidence that the applicant is capable of meeting the minimum 17 standards of care established by the department under AS 47.14.120; 18 (13) evidence that the applicant has completed orientation or training 19 required by the department, by regulation, for holders of the type of license for which 20 the application was submitted; and 21 (14) other information required by the department, by regulation, in 22 order to monitor compliance with this chapter and regulations adopted under this 23 chapter. 24 * Sec. 26. Except for secs. 3 and 14 of this Act, this Act takes effect immediately under 25 AS 01.10.070(c). 26 * Sec. 27. Sections 3 and 14 of this Act take effect July 2, 2003.