Legislature(2017 - 2018)
2018-04-20 House Journal
Full Journal pdf2018-04-20 House Journal Page 3375 SB 4 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4(FIN) am "An Act relating to the Board of Barbers and Hairdressers; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to the Department of Environmental Conservation; and providing for an effective date." with the: Journal Page L&C RPT HCS(L&C) NT 4DP 3NR 2906 FN3: ZERO(DEC) 2907 FN5: (CED) 2907 FIN RPT HCS(L&C) NT 3DP 5NR 1AM 3189 FN3: ZERO(DEC) 3190 FN5: (CED) 3190 RLS RPT HCS(RLS) NT 1DP 1DNP 5NR 3351 FN3: ZERO(DEC) 3352 FN5: (CED) 3352 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 4(RLS) "An Act relating to the Board of Barbers and Hairdressers; relating to manicuring; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to tattooing; relating to permanent cosmetic coloring; relating to the Department of Environmental Conservation; relating to nonrenewal of occupational licenses for default on a student loan; and providing for an effective date." (HCR 26 - title change resolution) 2018-04-20 House Journal Page 3376 There being no objection, it was so ordered. **The presence of Representatives Kreiss-Tomkins and Guttenberg was noted. Amendment No. 1 was offered by Representative Eastman: Page 1, lines 2 - 3 (title amendment): Delete "relating to a license to practice hair braiding" Page 2, line 3: Delete "hair braiding," Page 2, line 25: Delete "hair braiding," Page 3, lines 7 - 8: Delete "hair braiding," Page 3, line 16: Delete "hair braiding," Page 4, line 1: Delete "hair braiding," Page 4, line 5: Delete "hair braiding," Page 4, line 16: Delete "hair braiding," Page 5, line 28, through page 6, line 7: Delete all material. Renumber the following bill sections accordingly. Page 7, lines 17 - 19: Delete "The board shall authorize the issuance of a license for the practice of hair braiding to each applicant who has satisfied the requirements of AS 08.13.080(g)." 2018-04-20 House Journal Page 3377 Page 7, line 22: Delete "hair braiding," Page 7, line 28: Delete "hair braiding," Page 8, line 18: Delete "hair braiding," Page 9, line 21: Delete "hair braiding," Page 10, line 4: Delete "hair braiding," Page 10, lines 11 - 14: Delete all material. Renumber the following bill sections accordingly. Page 10, line 18: Delete "hair braiding," Page 11, line 21: Delete all material. Renumber the following paragraphs accordingly. Page 11, line 25: Delete "hair braiding," Page 12, line 3: Delete "hair braiding," Page 13, line 13: Delete "hair braiding," Page 13, line 17: Delete "hair braiding," 2018-04-20 House Journal Page 3378 Page 13, lines 27 - 31: Delete all material. Renumber the following paragraphs accordingly. Page 14, lines 29 - 30: Delete "hair braiding," Page 17, line 15: Delete "Section 33" Insert "Section 31" Page 17, line 16: Delete "sec. 35" Insert "sec. 33" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 1 YEAS: 5 NAYS: 29 EXCUSED: 1 ABSENT: 5 Yeas: Chenault, Eastman, Kawasaki, Knopp, Wilson Nays: Birch, Edgmon, Foster, Gara, Guttenberg, Johnson, Johnston, Josephson, Kito, Kopp, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wool, Zulkosky Excused: Claman Absent: Drummond, Grenn, Kreiss-Tomkins, Pruitt, Tarr And so, Amendment No. 1 was not adopted. 2018-04-20 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 2018-04-20 House Journal Page 3380 (2) applicant has been convicted of any other crime during the disqualification period. (f) An individual with a conviction of record may petition the licensing board or department for a determination of whether the individual's conviction will disqualify the individual from obtaining a license. The licensing board or department may charge a fee not to exceed $25 for each petition. The board or department shall inform the individual of its determination within 30 days after receiving the individual's application. (g) If the board or department denies an application based on an applicant's prior criminal conviction, the board or department shall notify the applicant (1) of the grounds and reasons for the denial or disqualification; (2) of the applicant's right to a hearing; (3) of the earliest date the applicant may reapply for the license; and (4) that evidence of rehabilitation or treatment may be considered upon reapplication. (h) Before denying an application, the board or the department shall find, by substantial evidence in light of the whole record, that an applicant's criminal conviction is a disqualifying conviction and is directly related to the duties and responsibilities of the licensed occupation. The board or department shall document written findings for each of the factors under (d) of this section. (i) The board or department shall have the burden of proof to show that a disqualifying criminal conviction directly relates to the occupation for which the license is sought." Renumber the following bill sections accordingly. Page 17, line 11, following "by": Insert "secs. 1 and 3 - 33 of" Page 17, line 15: Delete "Section 33" Insert "Section 34" 2018-04-20 House Journal Page 3381 Page 17, line 16: Delete "Sec. 35" Insert "Sec. 36" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Gara objected. **The presence of Representative Pruitt was noted. Representative Johnson moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and she was required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 2 YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 1 Yeas: Eastman Nays: Birch, Chenault, Drummond, Edgmon, Foster, Gara, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Claman Absent: Grenn And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, line 3, following "coloring;" (title amendment): Insert "relating to lobbying;" 2018-04-20 House Journal Page 3382 Page 14, following line 6: Insert new bill sections to read: "* Sec. 31. AS 29.10.200 is amended by adding a new paragraph to read: (68) AS 29.35.143 (municipal occupational licensing fees and requirements). * Sec. 32. AS 29.35 is amended by adding a new section to read: Sec. 29.35.143. Municipal lobbying services. (a) A municipality may not purchase lobbying services from a professional lobbyist or private entity that provides lobbying services for a municipal licensing board or agency. (b) This section applies to home rule and general law municipalities." Renumber the following bill sections accordingly. Page 17, following line 6: Insert a new bill section to read: "* Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 29.35.143, added by sec. 32 of this Act, applies to the purchase of lobbying services and contracts relating to lobbying services entered into on or after the effective date of this Act." Renumber the following bill sections accordingly. Page 17, line 11, following "by": Insert "secs. 1 - 30, 33, and 34" Page 17, line 13, following "of": Insert "secs. 1 - 30, 33, and 34" Page 17, line 15: Delete "Section 33" Insert "Section 36" Page 17, line 16: Delete "Sec. 35" Insert "Sec. 38" Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. 2018-04-20 House Journal Page 3383 There was objection. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 3 YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 1 Yeas: Eastman Nays: Birch, Chenault, Drummond, Edgmon, Foster, Gara, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Claman Absent: Grenn And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 1, line 1, following "Hairdressers;" (title amendment): Insert "relating to occupational licensing fees for low-income workers and military families;" Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS 08.01.065 is amended by adding new subsections to read: (j) The applicable board or department shall waive initial occupational licensing fees and examination fees for an individual who applies for a waiver and who (1) meets the low-income threshold established by the department; (2) is a current or former member of the armed forces of the United States; or 2018-04-20 House Journal Page 3384 (3) is the spouse of a current or former member of the armed forces of the United States. (k) An individual seeking waiver of initial occupational licensing fees and examination fees must apply to the appropriate licensing board or the department in a format prescribed by the licensing board or department. The licensing board or department shall process the application within 30 days after receiving it from the applicant. (l) The licensing board or department shall adopt regulations necessary to implement (j) and (k) of this section. The regulations must include a low-income threshold for waiver of licensing fees and examination fees that is based on enrollment in a state or federal public assistance program or on the applicant's household adjusted gross income being under 130 percent of the federal poverty line, unless a higher threshold is set by the department." Renumber the following bill sections accordingly. Page 17, line 11, following "by": Insert "secs. 1 and 3 - 33 of" Page 17, line 15: Delete "Section 33" Insert "Section 34" Page 17, line 16: Delete "sec. 35" Insert "sec. 36" Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 4 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 2018-04-20 House Journal Page 3385 Yeas: Eastman, Gara, Josephson, LeDoux, Parish, Rauscher, Talerico, Tarr, Tilton, Wilson Nays: Birch, Chenault, Drummond, Edgmon, Foster, Guttenberg, Johnston, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, Lincoln, Millett, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Thompson, Tuck, Wool, Zulkosky Excused: Claman Absent: Grenn, Johnson And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 1, line 1, following "Hairdressers;"(title amendment): Insert "relating to apprenticeship programs;" Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS 08.02 is amended by adding a new section to read: Sec. 08.02.060. Apprenticeship programs. (a) Notwithstanding any other provision of this title, a board or the department shall grant an occupational license to an applicant who (1) has completed eighth grade; (2) has successfully completed an apprenticeship approved by the appropriate licensing board, the department, or the United States Department of Labor, or that is otherwise permitted under state or federal law; (3) has passed the appropriate licensing examination, if applicable; (4) is at least 18 years of age; and (5) has completed the number of apprenticeship hours equal to the number of hours required for licensing training. (b) This section does not apply to a license or certificate issued under AS 08.04.100, 08.04.110, AS 08.11.010, AS 08.29.110, AS 08.36.110, AS 08.38.030, AS 08.42.050, AS 08.45.030, AS 08.63.100, AS 08.64.200, 08.64.205, 08.64.225, AS 08.68.170, AS 08.72.140, AS 08.80.110, AS 08.84.030, 08.84.032, AS 08.86.130, 08.86.162, AS 08.95.110, or AS 08.98.165. 2018-04-20 House Journal Page 3386 (c) The applicable board or department may adopt regulations to implement this section." Renumber the following bill sections accordingly. Page 17, line 11, following "by": Insert "secs. 1 and 3 - 33 of" Page 17, line 15: Delete "Section 33" Insert "Section 34" Page 17, line 16: Delete "sec. 35" Insert "sec. 36" Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Neuman objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 5 YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 1 Yeas: Eastman Nays: Birch, Chenault, Drummond, Edgmon, Foster, Gara, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Claman Absent: Grenn 2018-04-20 House Journal Page 3387 And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Eastman: Page 1, line 3, following "coloring;"(title amendment): Insert "relating to municipal occupational licensing fees and requirements" Page 14, following line 6: Insert new bill sections to read: "* Sec. 31. AS 29.10.200 is amended by adding a new paragraph to read: (68) AS 29.35.143 (municipal occupational licensing fees and requirements). * Sec. 32. AS 29.35 is amended by adding a new section to read: Sec. 29.35.143. Municipal occupational licensing fees and requirements. (a) Except as specifically provided by statute, the authority to regulate and establish occupational licensing fees and requirements is reserved to the state, and, except as specifically provided by law, a municipality may not enact or enforce an occupational licensing fee or requirement that was not enacted before the effective date of this Act. (b) For an occupational licensing fee enacted by a municipality before the effective date of this Act, the municipality shall waive initial occupational licensing fees for an individual who qualifies for a waiver under AS 08.01.065(j) and who applies for a municipal license on or after the effective date of this Act. An individual seeking a waiver under this subsection must apply to the municipality in a format prescribed by the municipality. The municipality shall process the application within 30 days after receiving it from the applicant. (c) This section applies to home rule and general law municipalities." Renumber the following bill sections accordingly. Page 17, line 11, following "by": Insert "secs. 1 - 30 and 33" Page 17, line 15: Delete "Section 33" Insert "Section 35" 2018-04-20 House Journal Page 3388 Page 17, line 16: Delete "sec. 35" Insert "sec. 37" Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. There was objection. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSSSB 4(RLS) Second Reading Amendment No. 6 YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 1 Yeas: Eastman Nays: Birch, Chenault, Drummond, Edgmon, Foster, Gara, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Claman Absent: Grenn And so, Amendment No. 6 was not adopted. Representative Tuck moved and asked unanimous consent that HCS CSSSSB 4(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSSSB 4(RLS) will advance to third reading on the April 23 calendar.