HB 373: "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. 373 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 is amended by adding new subsections to read: 07 (j) The applicable board or department shall waive initial occupational 08 licensing fees and examination fees for an individual who applies for a waiver and 09 who 10 (1) meets the low-income threshold established by the department; 11 (2) is a current or former member of the armed forces of the United 12 States; or 13 (3) is the spouse of a current or former member of the armed forces of 14 the United States.
01 (k) An individual seeking waiver of initial occupational licensing fees and 02 examination fees must apply to the appropriate licensing board or the department in a 03 format prescribed by the licensing board or department. The licensing board or 04 department shall process the application within 30 days after receiving it from the 05 applicant. 06 (l) The licensing board or department shall adopt regulations necessary to 07 implement (j) and (k) of this section. The regulations must include a low-income 08 threshold for waiver of licensing fees and examination fees that is based on enrollment 09 in a state or federal public assistance program or on the applicant's household adjusted 10 gross income being under 130 percent of the federal poverty line, unless a higher 11 threshold is set by the department. 12 * Sec. 2. AS 08.01.077 is amended by adding new subsections to read: 13 (b) Notwithstanding any other provision of this title, the licensing board or 14 department may not consider an arrest that is not followed by a conviction as the basis 15 for the denial or nonrenewal of a license or grounds for disciplinary action. 16 (c) A licensing board and the department shall specify in regulation the 17 criminal convictions that disqualify an applicant from obtaining a license and shall 18 define "good moral character" or "moral turpitude" in regulation if either standard is 19 used by the licensing board or department in determining whether to issue or renew a 20 license. A disqualifying criminal conviction must directly relate to the duties and 21 responsibilities of the applicable licensed occupation. 22 (d) In determining whether to deny a license to an applicant with a criminal 23 conviction, the board or department shall consider 24 (1) the nature and seriousness of the crime; 25 (2) the amount of time that has passed since the conviction; 26 (3) the relationship between the nature of the crime and the duties and 27 responsibilities of the occupation for which the license is sought; and 28 (4) evidence of rehabilitation or treatment undertaken by the applicant 29 since the conviction. 30 (e) Notwithstanding any other provision of this title, the licensing board or 31 department may not disqualify an applicant for more than three years from the later of
01 the date of the most recent criminal conviction or release from incarceration based on 02 a criminal conviction, unless the 03 (1) disqualifying conviction is for a violation of AS 11.41 or a crime in 04 another jurisdiction that has similar elements; or 05 (2) applicant has been convicted of any other crime during the 06 disqualification period. 07 (f) An individual with a conviction of record may petition the licensing board 08 or department for a determination of whether the individual's conviction will 09 disqualify the individual from obtaining a license. The licensing board or department 10 may charge a fee not to exceed $25 for each petition. The board or department shall 11 inform the individual of its determination within 30 days after receiving the 12 individual's application. 13 (g) If the board or department denies an application based on an applicant's 14 prior criminal conviction, the board or department shall notify the applicant 15 (1) of the grounds and reasons for the denial or disqualification; 16 (2) of the applicant's right to a hearing; 17 (3) of the earliest date the applicant may reapply for the license; and 18 (4) that evidence of rehabilitation or treatment may be considered upon 19 reapplication. 20 (h) Before denying an application, the board or the department shall find, by 21 substantial evidence in light of the whole record, that an applicant's criminal 22 conviction is a disqualifying conviction and is directly related to the duties and 23 responsibilities of the licensed occupation. The board or department shall document 24 written findings for each of the factors under (d) of this section. 25 (i) The board or department shall have the burden of proof to show that a 26 disqualifying criminal conviction directly relates to the occupation for which the 27 license is sought. 28 * Sec. 3. AS 08.02 is amended by adding a new section to read: 29 Sec. 08.02.060. Apprenticeship programs. (a) Notwithstanding any other 30 provision of this title, a board or the department shall grant an occupational license to 31 an applicant who
01 (1) has completed eighth grade; 02 (2) has successfully completed an apprenticeship approved by the 03 appropriate licensing board, the department, or the United States Department of Labor, 04 or that is otherwise permitted under state or federal law; 05 (3) has passed the appropriate licensing examination, if applicable; 06 (4) is at least 18 years of age; and 07 (5) has completed the number of apprenticeship hours equal to the 08 number of hours required for licensing training. 09 (b) This section does not apply to a license or certificate issued under 10 AS 08.04.100, 08.04.110, AS 08.11.010, AS 08.29.110, AS 08.36.110, AS 08.38.030, 11 AS 08.42.050, AS 08.45.030, AS 08.63.100, AS 08.64.200, 08.64.205, 08.64.225, 12 AS 08.68.170, AS 08.72.140, AS 08.80.110, AS 08.84.030, 08.84.032, AS 08.86.130, 13 08.86.162, AS 08.95.110, or AS 08.98.165. 14 (c) The applicable board or department may adopt regulations to implement 15 this section. 16 * Sec. 4. AS 29.10.200 is amended by adding a new paragraph to read: 17 (68) AS 29.35.143 (municipal occupational licensing fees and 18 requirements). 19 * Sec. 5. AS 29.35 is amended by adding a new section to read: 20 Sec. 29.35.105. Minimum wage. A municipality may not enact or enforce a 21 minimum wage that differs from the state minimum wage calculated under 22 AS 23.10.065. 23 * Sec. 6. AS 29.35 is amended by adding a new section to read: 24 Sec. 29.35.143. Municipal occupational licensing fees and requirements; 25 lobbying services. (a) Except as specifically provided by statute, the authority to 26 regulate and establish occupational licensing fees and requirements is reserved to the 27 state, and, except as specifically provided by law, a municipality may not enact or 28 enforce an occupational licensing fee or requirement that was not enacted before the 29 effective date of this Act. 30 (b) For an occupational licensing fee enacted by a municipality before the 31 effective date of this Act, the municipality shall waive initial occupational licensing
01 fees for an individual who qualifies for a waiver under AS 08.01.065(j) and who 02 applies for a municipal license on or after the effective date of this Act. An individual 03 seeking a waiver under this subsection must apply to the municipality in a format 04 prescribed by the municipality. The municipality shall process the application within 05 30 days after receiving it from the applicant. 06 (c) A municipality may not purchase lobbying services from a professional 07 lobbyist or private entity that provides lobbying services for a municipal licensing 08 board or agency. 09 (d) This section applies to home rule and general law municipalities. 10 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. AS 29.35.143(c), added by sec. 6 of this Act, applies to the 13 purchase of lobbying services and contracts relating to lobbying services entered into on or 14 after the effective date of this Act.