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