Legislature(2023 - 2024)GRUENBERG 120
04/24/2023 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 82 | TELECONFERENCED | |
| += | HB 11 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 68 | TELECONFERENCED | |
HB 68-CRIME OF SEX/HUMAN TRAFFICKING
1:04:55 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 68, "An Act relating to sex trafficking;
establishing the crime of patron of a victim of sex trafficking;
relating to the crime of human trafficking; relating to
prostitution; relating to sentencing for sex trafficking, patron
of a victim of sex trafficking, and human trafficking;
establishing the process for vacating judgments for certain
convictions of prostitution and misconduct involving a
controlled substance; relating to the Council on Domestic
Violence and Sexual Assault; relating to permanent fund
dividends for certain individuals whose convictions are vacated;
and providing for an effective date." [Before the committee,
adopted as the work draft on 04/12/23 and amended on 4/19/23,
was the proposed committee substitute (CS) for HB 68, Version
33-GH1029\S, Radford, 4/11/23, "Version S."]
1:05:23 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 5 to Version
S, labeled 33-GH1029\S.10, Radford, 4/20/23, which read:
Page 1, line 6, following "certificate;":
Insert "relating to sex trafficking, human
trafficking, sexual abuse, and sexual assault
awareness and prevention education;"
Page 25, following line 4:
Insert new bill sections to read:
"* Sec. 36. AS 14.03.016(d)(2) is amended to read:
(2) "human reproduction or sexual matters"
does not include curricula or materials for
(A) sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention training required under AS 14.30.355; or
(B) dating violence and abuse awareness and
prevention training required under AS 14.30.356;
* Sec. 37. AS 14.20.020(k) is amended to read:
(k) Except as provided in AS 14.20.015, a person
is not eligible for a teacher certificate unless the
person has completed training regarding alcohol and
drug related disabilities required under AS 14.20.680,
training regarding sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention required under AS 14.30.355, training
regarding dating violence and abuse awareness and
prevention required under AS 14.30.356, and training
related to suicide prevention required under
AS 14.30.362."
Renumber the following bill sections accordingly.
Page 25, following line 11:
Insert new bill sections to read:
"* Sec. 39. AS 14.30.355(a) is amended to read:
(a) The governing body of each school district
shall adopt and implement a policy, establish a
training program for employees and students, and
provide [PARENT] notices relating to sex trafficking,
human trafficking, sexual abuse, and sexual assault
awareness and prevention for students enrolled in
grades kindergarten through 12.
* Sec. 40. AS 14.30.355(b) is amended to read:
(b) The policy and [,] training [, AND NOTICES]
adopted under this section must include
(1) an age-appropriate and trauma-informed
approach [INFORMATION];
(2) warning signs of sexual abuse of a
child, grooming, attempted sex trafficking, and
attempted human trafficking;
(3) referral and resource information;
(4) available student counseling and
educational support;
(5) information related to safe online
practices and warning signs of grooming and attempted
sex trafficking and human trafficking through
electronic means [METHODS FOR INCREASING TEACHER,
STUDENT, AND PARENT AWARENESS OF ISSUES REGARDING
SEXUAL ABUSE OF CHILDREN];
(6) actions that a child may take to
prevent and report sex trafficking, human trafficking,
sexual abuse or sexual assault; [AND]
(7) a scalable, repeatable program; and
(8) use of evidence-based best practices [A
PROCEDURE ALLOWING A STUDENT TO BE EXCUSED FROM
PARTICIPATING IN TRAINING OR FROM RECEIVING NOTICES
UNDER THIS SECTION AT THE WRITTEN REQUEST OF A PARENT
OR GUARDIAN OF THE STUDENT, OR OF THE STUDENT IF THE
STUDENT IS EMANCIPATED OR 18 YEARS OF AGE OR OLDER].
* Sec. 41. AS 14.30.355(d) is amended by adding new
paragraphs to read:
(3) "human trafficking" means a violation
of AS 11.41.360 - 11.41.366;
(4) "sex trafficking" means a violation of
AS 11.41.340 - 11.41.350.
* Sec. 42. AS 14.30.355 is amended by adding a new
subsection to read:
(e) A notice adopted under this section must
notify parents or guardians of a student, or a student
who is emancipated or 18 years of age or older, of
(1) a procedure allowing the student to be
excused from participating in the training or from
receiving subsequent notices of the training at the
written request of the parent or guardian of the
student, or, if the student is emancipated or 18 years
of age or older, at the request of the student; and
(2) an option to receive a summary of the
materials and information provided in the training if
the parent, guardian, or student requested that the
student be excused from participation or from
receiving notices of the training under (1) of this
subsection.
* Sec. 43. AS 14.30.361(d) is amended to read:
(d) The requirements under (a) of this section
do not apply to
(1) sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention training required under AS 14.30.355; or
(2) dating violence and abuse awareness and
prevention training required under AS 14.30.356."
Renumber the following bill sections accordingly.
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Page 34, following line 30:
Insert a new bill section to read:
"* Sec. 68. Sections 36, 37, and 39 - 43 of this
Act take effect July 1, 2024."
Renumber the following bill section accordingly.
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Delete "sec. 60"
Insert "secs. 67 and 68"
REPRESENTATIVE GRAY objected.
1:05:42 PM
JAKE ALMEIDA, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, explained that
Amendment 5 pertained to AS 14.33.355, which concerned policy
and training on sexual abuse and sexual assault awareness in the
K-12 education system. The proposed amendment would add the
concepts of sex and human trafficking to the statute and enhance
the substance of the curriculum, he said.
1:06:59 PM
REPRESENTATIVE EASTMAN asked where the phrase "human
reproduction or sexual matters" was found in statute.
1:07:38 PM
CLAIRE RADFORD, Attorney, Legislative Legal Services,
Legislative Affairs Agency (LAA), cited AS 14.03.016 related to
the parental rights to direct the education of the parents'
child. The definition stated that "human reproduction or sexual
matters" did not include curricula or materials for subparagraph
(A) and (B). She added that there was a notice in statute
related to human reproduction or sexual matters that was
required to go out to parents of children.
REPRESENTATIVE EASTMAN asked whether parents would have the same
ability to opt-out from receiving the sex and human trafficking
instruction if Amendment 5 were to pass.
MS. RADFORD indicated that the proposed amendment would allow
students to be excused from participating in this training and
provide an option for parents to receive a summary of the
material provided.
REPRESENTATIVE EASTMAN sought to clarify whether the parental
notice would provide the summary of instruction material.
MS. RADFORD said the option to receive a summary of material
would be separate from the notice regarding training that a
parent or guardian could opt-out his/her child from.
1:10:47 PM
REPRESENTATIVE GRAY inquired about the typical process of adding
or changing K-12 curricula for the state.
1:11:07 PM
KELLY MANNING, Deputy Director, Innovation and Education
Excellence, Department of Education and Early Development
(DEED), said the typical process for adding a course or
curriculum requirement involved convening a work group of
educators and subject matter experts to develop content or
perform a rubric or evaluation process for existing content to
determine whether it aligned with state standards. The work
group would then create the course or curriculum based off that
process, she said. For e-learning education, she added, [the
work group] would work with an e-learning vendor to create a
course with the necessary content and delivery standards for
interactivity.
REPRESENTATIVE GRAY asked whether that process would begin
immediately if Amendment 5 were to pass.
CHAIR VANCE answered yes; however, she clarified that Amendment
5 was expanding the current requirements on sexual assault and
dating violence to include this conversation, as opposed to
creating an additional curriculum or adding more class time.
1:13:31 PM
REPRESENTATIVE GRAY asked whether there was a different process
for expanding the current curriculum.
MS. MANNING responded that the process would be similar;
however, it would be abbreviated for the scope and length of the
content.
REPRESENTATIVE GRAY asked whether the one-year effective date
allowed for enough time to complete that process.
MS. MANNING answered yes, one year was enough time to update the
content and post it on the department's website.
1:15:55 PM
REPRESENTATIVE EASTMAN asked how many districts would be
required to change existing curricula if Amendment 5 were to
pass. He asked whether any districts were currently [teaching
this type of material].
MS. MANNING said she could not speak to classroom instruction at
the district level, as the department was not required to
collect that information.
REPRESENTATIVE EASTMAN asked whether the inclusion of these
topics was a natural extension of the original dating violence
curriculum or whether it would require a substantial rewrite.
MS. MANNING said incorporating this specific content area would
require adjustments and revisions and the addition of a module.
1:18:25 PM
REPRESENTATIVE GRAY asked whether any districts offered feedback
on the proposed curriculum expansion.
CHAIR VANCE pointed out that there had been little time for
school districts to reflect on Amendment 5. She said it was a
policy decision for the legislature.
REPRESENTATIVE GRAY asked whether it was common practice for
districts to weigh in on expansions to the curriculum.
CHAIR VANCE remarked, "There are times that definitely, it is,
and there are times where we make policy decisions. I think it
goes both ways."
REPRESENTATIVE GRAY shard his belief that there was value in
stakeholder input.
1:20:10 PM
REPRESENTATIVE ALLARD asked whether Representative Gray was
concerned that the curriculum expansion was an additional burden
and too much for the schools to take on.
REPRESENTATIVE GRAY opined that it was not too much for the
schools to take on and reiterated his support for Amendment 5.
Nonetheless, he restated his question, asking whether it was
common practice for the House Judiciary Standing Committee
(HJUD) to pass an amendment that would expand the K-12
curriculum without input from stakeholders.
REPRESENTATIVE ALLARD shared her belief that this was a policy
issue. She opined that [the committee] had done its due
diligence, adding that the school districts' opinion on the
proposal had little relevance. She shared her belief that Eagle
River was supportive [of Amendment 5], stating "they just better
get on board and implement it."
REPRESENTATIVE GRAY asked whether it would be appropriate for
the House Education Standing Committee (HEDC) to hear this type
of amendment.
REPRESENTATIVE ALLARD shared her understanding that the
committees of referral had already been decided for HB 68 and
HEDC was not one of them. Additionally, she pointed out that
parents had the option to opt-out of the curriculum should the
bill pass.
REPRESENTATIVE GRAY asked why a bill that changed the K-12
curriculum in any way would not be referred to HEDC.
REPRESENTATIVE EASTMAN suggested that the question from
Representative Gray would be best directed to the speaker's
office, as the speaker of the House was responsible for
assigning the committees of referral.
1:24:25 PM
REPRESENTATIVE GRAY removed his objection to Amendment 5. There
being no further objection, Amendment 5 was adopted.
1:24:40 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 6 to Version
S, labeled 33-GH1029\S.8, Radford, 4/20/23, which read:
Page 25, lines 12 - 17:
Delete all material.
Renumber the following bill sections accordingly.
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REPRESENTATIVE GRAY objected for the purpose of discussion.
MR. ALMEIDA explained that Amendment 6 would delete a provision
related to qualifications for grants and contracts, which was a
policy decision by the chair.
CHAIR VANCE explained that assigning grant authority to the
Council on Domestic Violence and Sexual Assault (CDVSA) would
require additional statutory authority. She emphasized her
desire for a long-term solution, adding that the goal was to
provide the Governor's Council on Human and Sex Trafficking with
the proper statutory authority and allow the CDVSA to continue
its work on sexual abuse. For that reason, she said she felt it
appropriate to remove the provision in question, as it was
incomplete.
REPRESENTATIVE GRAY removed his objection. There being no
further objection, Amendment 6 was adopted.
1:27:20 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 7 to Version
S, labeled 33-GH1029\S.9, Radford, 4/21/23, which read:
Page 1, line 1, following "trafficking;":
Insert "relating to notifications of convictions
for athletic trainers, private professional
conservators and guardians, licensed professional
counselors, massage therapists, marital and family
therapists, physicians, direct-entry midwives, nurses,
pharmacists, psychologists and psychological
associates, and clinical social workers;"
Page 2, following line 11:
Insert new bill sections to read:
"* Sec. 2. AS 08.07 is amended by adding a new
section to read:
Sec. 08.07.035. Notification of conviction. An
athletic trainer shall notify the department if the
athletic trainer has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a felony or misdemeanor crime.
* Sec. 3. AS 08.26.130 is amended by adding a new
subsection to read:
(b) A licensee shall notify the department if
the licensee has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a felony or other crime that may result
in grounds for disciplinary action under (a)(6) of
this section.
* Sec. 4. AS 08.29.400 is amended by adding a new
subsection to read:
(d) A person licensed under this chapter shall
notify the board if the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony that may result in
grounds for disciplinary sanctions under (a)(2) of
this section.
* Sec. 5. AS 08.61.060 is amended by adding a new
subsection to read:
(b) A person licensed under this chapter shall
notify the board if the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony or other crime that
may result in grounds for disciplinary sanctions under
(a)(4) of this section.
* Sec. 6. AS 08.63.210 is amended by adding a new
subsection to read:
(e) A person licensed under this chapter shall
notify the board if the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony or other crime that
may result in grounds for disciplinary sanctions under
(a)(4) of this section.
* Sec. 7. AS 08.64.326 is amended by adding a new
subsection to read:
(c) A licensee shall notify the board if the
licensee has been convicted, including a conviction
based on a guilty plea or plea of nolo contendere, of
a felony or other crime that may result in grounds for
disciplinary sanctions under (a)(4) or (5) of this
section.
* Sec. 8. AS 08.65.110 is amended by adding a new
subsection to read:
(b) A person holding a certificate or permit
under this chapter shall notify the board if the
person has been convicted, including a conviction
based on a guilty plea or plea of nolo contendere, of
a felony or other crime that may result in grounds for
disciplinary sanctions under (a)(4) of this section.
* Sec. 9. AS 08.68.270 is amended by adding a new
subsection to read:
(b) A person licensed under this chapter shall
notify the board if the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony or other crime that
may result in grounds for disciplinary sanctions under
(a)(2) or (12) of this section.
* Sec. 10. AS 08.80.261 is amended by adding a new
subsection to read:
(c) A licensee or an applicant shall notify the
board if the licensee or applicant has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony or other crime that
may result in grounds for disciplinary sanctions under
(a)(4) or (10) of this section.
* Sec. 11. AS 08.86.204 is amended by adding a new
subsection to read:
(e) A person licensed under this chapter shall
notify the board if the licensee has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a felony or other crime that
may result in grounds for disciplinary sanctions under
(a)(4) of this section.
* Sec. 12. AS 08.95.050 is amended by adding a new
subsection to read:
(d) A licensee shall notify the board if the
licensee has been convicted, including a conviction
based on a guilty plea or plea of nolo contendere, of
a felony or other crime that may result in grounds for
disciplinary sanctions under (a)(7) of this section."
Renumber the following bill sections accordingly.
Page 33, line 3, following "(a)":
Insert "The following sections apply to
notifications of convictions for offenses committed on
or after the effective date of those sections:
(1) AS 08.07.035, enacted by sec. 2 of this
Act;
(2) AS 08.26.130(b), enacted by sec. 3 of
this Act;
(3) AS 08.29.400(d), enacted by sec. 4 of
this Act;
(4) AS 08.61.060(b), enacted by sec. 5 of
this Act;
(5) AS 08.63.210(e), enacted by sec. 6 of
this Act;
(6) AS 08.64.326(c), enacted by sec. 7 of
this Act;
(7) AS 08.65.110(b), enacted by sec. 8 of
this Act;
(8) AS 08.68.270(b), enacted by sec. 9 of
this Act;
(9) AS 08.80.261(c), enacted by sec. 10 of
this Act;
(10) AS 08.86.204(e), enacted by sec. 11 of
this Act;
(11) AS 08.95.050(d), enacted by sec. 12 of
this Act."
Reletter the following subsections accordingly.
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REPRESENTATIVE ALLARD objected for the purpose of discussion.
1:27:42 PM
MR. ALMEIDA explained Amendment 7, which would require any
person with one of the following professional licenses to convey
any sex trafficking convictions to their licensing board:
athletic trainers, private professional conservators and
guardians, licensed professional counselors, massage therapists,
marital and family therapists, physicians, direct-entry
midwives, nurses, pharmacists, psychological associates, and
clinical social workers.
REPRESENTATIVE ALLARD questioned why daycare workers and
teachers weren't included in Amendment 7.
CHAIR VANCE noted that the revocation of teacher's licenses was
already included in Version S. She reiterated that Amendment 7
specifically required notification of a sex trafficking
conviction to the licensing board, as that was not an existing
requirement for all boards.
The committee took an at-ease from 1:31 p.m. to 1:34 p.m.
1:34:23 PM
REPRESENTATIVE ALLARD asked whether daycare and nursery workers
were included in Amendment 7.
1:34:47 PM
MS. RADFORD clarified that childcare facilities were not
included in the proposed amendment. She explained that a
separate amendment would be needed to impose restrictions on
employees of childcare facilities with prior convictions, which
would likely fall under AS 47.32 rather than Title 8.
1:35:37 PM
The committee took a brief at-ease.
1:39:00 PM
REPRESENTATIVE ALLARD moved to adopt Conceptual Amendment 1 to
Amendment 7, which would insert "daycare providers" after
"psychological associates." She said she wished to encompass
nursey schools in the language as well.
CHAIR VANCE asked whether "childcare providers" would capture
Representative Allard's intent.
REPRESENTATIVE ALLARD indicated that she was unsure without
input from Legislative Legal Services. She stated her desire to
include home daycares in the language as well.
1:40:30 PM
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
REPRESENTATIVE GRAY pointed out that Amendment 7 concerned
notification. He said he wanted to make sure that there was a
governing body for nurseries and daycare facilities to be
notified.
REPRESENTATIVE ALLARD responded, "licensing and certification
board, like they would everybody else." She asked whether all
daycares, both private and public, would be captured by
Conceptual Amendment 1 to Amendment 7.
1:41:34 PM
GLENN SAVIERS, Deputy Director, Division of Corporations
Business and Professional Licensing, Department of Commerce,
Community & Economic Development (DCCED), said she was unable to
answer the question with certainty, as the Division of
Corporations Business and Professional Licensing did not license
childcare. She referred the committee to the Department of
Health.
REPRESENTATIVE ALLARD withdrew Conceptual Amendment 1 to
Amendment 7.
1:42:18 PM
REPRESENTATIVE EASTMAN shared his understanding that if
Amendment 7 were to pass, any misdemeanor in any country, state,
or territory, including those unrelated to the professional
licenses listed in the proposed amendment, would fall under the
notification requirement.
MS. RADFORD clarified that the proposed amendment was limited to
crimes that may result in disciplinary sanctions for each
license type.
REPRESENTATIVE EASTMAN questioned how the potential for
sanctions would be determined.
MS. RADFORD suggested speaking to the board to determine which
crimes would result in disciplinary sanctions. She deferred the
question to the various licensing boards.
REPRESENTATIVE EASTMAN sought to verify that a massage
therapist, for example, would be required to notify the board
[of a conviction]. The board would then determine whether that
conviction was relevant to sanctions and follow up with
disciplinary action. He asked whether that was accurate.
MS. RADFORD deferred to a licensing expert. She said she was
unsure whether boards maintained a list of convictions that may
result in grounds for disciplinary sanctions or whether the
licensees would have to make that determination on their own.
1:46:23 PM
MS. SAVIERS responded that it depends on the program, as each
licensing program has its own set of statutes and regulations.
She provided an example. Generally, she said, when a licensee
applies for a first-time license or to renews his/her license,
the application asks whether the individual has been convicted
of a misdemeanor or felony. If the answer is yes, the licensee
must explain the conviction and provide court documents. If the
board has no authority to take disciplinary action related to
the conviction, the license will be issued. Otherwise, the
board will decide whether the conviction warrants action against
the licensee, she explained. If the statute specifically calls
for revocation of a license, the board will take appropriate
action.
1:48:22 PM
REPRESENTATIVE GRAY questioned why physician assistants were not
included in Amendment 7.
CHAIR VANCE was unsure which licensing program physician
assistants fell under.
REPRESENTATIVE GRAY asked whether physician assistants were
covered under "physicians."
MS. SAVIERS stated that physicians were covered under AS 08.64,
which was addressed in Sections 14 and 15. Upon her reading of
the bill, she shared her understanding that physician assistants
would be covered. She offered to follow up with the committee
if her interpretation was incorrect.
REPRESENTATIVE GRAY asked whether there were any legal concerns
about Amendment 7.
MS. RADFORD said Amendment 7 was a policy amendment, adding that
there were no constitutional or legal concerns.
1:50:32 PM
REPRESENTATIVE EASTMAN suggested that physician assistants
should be included in the title change if it was the will of the
committee. He asked how much time a convicted licensee was
granted to complete the required notification to the licensing
program.
MS. RADOFORD said there was no time limit imposed for disclosing
a conviction under these sections. She further noted that, per
page 3, Amendment 7 would only apply to convictions for offenses
committed on or after the effective date of the sections.
1:53:02 PM
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Amendment 7 was adopted.
1:53:25 PM
REPRESENTATIVE EASTMAN objected for the purpose of further
discussion.
REPRESENTATIVE ALLARD remarked "I'm having problems with both of
these amendments. I'm worried that we're passing them out and I
don't know if they're going to be addressed, madam chair, in
another committee."
REPRESENTATIVE EASTMAN inquired about the impact of passing
Amendment 7 on the expectation of a lifetime revocation.
CHAIR VANCE said [the issue of lifetime revocation] was a
separate amendment.
1:54:57 PM
REPRESENTATIVE EASTMAN withdrew his objection. There being no
further objection, Amendment 7 was adopted.
1:55:13 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 8 to Version
S, labeled 33-GH1029\S.11, Radford, 4/21/23, which read:
Page 1, line 1, following "trafficking;":
Insert "relating to athletic trainers, private
professional conservators and guardians, licensed
professional counselors, massage therapists, marital
and family therapists, physicians, direct-entry
midwives, nurses, pharmacists, psychologists and
psychological associates, and clinical social
workers;"
Page 2, following line 11:
Insert new bill sections to read:
"* Sec. 2. AS 08.07.020(a) is amended to read:
(a) The department shall issue an athletic
trainer license to an individual who
(1) applies to the department on a form
provided by the department;
(2) meets the requirements established in
regulation by the department;
(3) pays the fees established by the
department; [AND]
(4) provides proof of certification by the
Board of Certification, Inc., or another nationally
recognized professional association approved by the
department; and
(5) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 3. AS 08.07 is amended by adding a new
section to read:
Sec. 08.07.025. Revocation or refusal of a
license. The department shall revoke for life an
athletic trainer license or refuse to issue or renew
an athletic trainer license if the department
determines that the individual has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 4. AS 08.26.020(a) is amended to read:
(a) The department shall issue a private
professional full guardian license to an individual
(1) who is at least 21 years of age;
(2) who has two or more years of
professional client casework experience or at least an
associate degree in human services, social work,
psychology, sociology, gerontology, special education,
or a closely related field;
(3) who is certified as a guardian by a
nationally recognized organization in the field of
guardianships;
(4) whose criminal history record checks
under AS 08.26.070 show that the individual has not
been convicted of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460, or of a felony or
[OF A] misdemeanor offense in the state or in any
other jurisdiction involving fraud, misrepresentation,
material omission, misappropriation, theft,
conversion, or any other crime the department
determines would affect the individual's ability to
provide the services of a guardian competently and
safely for the protected person within 10 years before
the application;
(5) who satisfies the application
requirements of AS 08.26.060; and
(6) who satisfies the requirements for
obtaining a private professional conservator license
under AS 08.26.030.
* Sec. 5. AS 08.26.030 is amended to read:
Sec. 08.26.030. Requirements for private
professional conservator license. The department shall
issue a private professional conservator license to an
individual
(1) who is at least 21 years of age;
(2) who has obtained a high school diploma,
or a general education development diploma or its
equivalent;
(3) who has six months' employment
experience in a position involving financial
management, or has at least an associate degree in
accounting or a closely related field;
(4) who is certified as a guardian by a
nationally recognized organization in the field of
guardianships;
(5) whose criminal history record checks
under AS 08.26.070 show that the individual has not
been convicted of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460, or of a felony or
[OF A] misdemeanor offense in the state or in any
other jurisdiction involving fraud, misrepresentation,
material omission, misappropriation, theft,
conversion, or any other crime that the department
determines would affect the individual's ability to
provide the services of a conservator competently and
safely for the protected person within 10 years before
the application; and
(6) who satisfies the application
requirements of AS 08.26.060.
* Sec. 6. AS 08.26.130 is amended by adding a new
subsection to read:
(b) The department shall revoke for life a
license or refuse to issue or renew a license if the
department determines that the individual has been
convicted, including a conviction based on a guilty
plea or plea of nolo contendere, of a crime under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460.
* Sec. 7. AS 08.29.110(a) is amended to read:
(a) The board shall issue a professional
counselor license to a person who applies for the
license, submits the required fee, submits two letters
of recommendation from professional counselors who are
familiar with the applicant's practice of professional
counseling, and presents evidence satisfactory to the
board that the person
(1) is at least 18 years of age;
(2) is not under investigation in this or
another jurisdiction for an act that would constitute
a violation of this chapter;
(3) has not had a license related to the
practice of counseling, psychology, marital and family
therapy, or social work in this or another
jurisdiction suspended, revoked, or surrendered in
lieu of discipline unless the license has been fully
reinstated in that jurisdiction;
(4) has passed a written examination as
required by the board; the board may provide that
passing a nationally recognized examination for
professional counselors is sufficient to meet the
examination requirement of this paragraph;
(5) has successfully completed either
(A) an earned doctoral degree in counseling
or a related professional field from a regionally or
nationally accredited institution of higher education
approved by the board; or
(B) an earned master's degree in counseling
or a related professional field, from a regionally or
nationally accredited institution of higher education
approved by the board, and at least 60 graduate
semester hours in counseling during or after earning
the master's degree; [AND]
(6) has, after earning the degree required
under either (5)(A) or (B) of this subsection, had at
least 3,000 hours of supervised experience in the
practice of professional counseling performed over a
period of at least two years under the supervision of
a supervisor approved under AS 08.29.210, with at
least 1,000 hours of direct counseling with
individuals, couples, families, or groups and at least
100 hours of face-to-face supervision by a supervisor
approved under AS 08.29.210 unless, under regulations
of the board, the board allows the supervision to be
by telephonic or electronic means because of the
remote location of the counselor; and
(7) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 8. AS 08.29.400 is amended by adding a new
subsection to read:
(d) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 9. AS 08.61.030 is amended to read:
Sec. 08.61.030. Qualifications for license. The
board shall issue a license to practice massage
therapy to a person who
(1) applies on a form provided by the
department;
(2) pays the fees established under
AS 08.61.090;
(3) furnishes evidence satisfactory to the
board that the person has completed a
(A) course of study of at least 625 hours
of in-class supervised instruction and clinical work
from an approved massage school; or
(B) board-approved apprenticeship program;
(4) is 18 years of age or older;
(5) has been fingerprinted and has provided
the fees required by the Department of Public Safety
under AS 12.62.160 for criminal justice information
and a national criminal history record check; the
fingerprints and fees shall be forwarded to the
Department of Public Safety to obtain a report of
criminal justice information under AS 12.62 and a
national criminal history record check under
AS 12.62.400;
(6) has a current cardiopulmonary
resuscitation certification;
(7) has received at least two hours of
safety education covering bloodborne pathogens and
universal precautions in the two years preceding the
application for the license; in this paragraph,
"bloodborne pathogens" has the meaning given in
AS 18.15.450;
(8) has successfully completed a nationally
recognized competency examination approved by the
board; and
(9) has not been convicted of, or pled
guilty or no contest to, a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460, or a crime
involving moral turpitude, or who has been convicted
of, or pled guilty or no contest to, a crime involving
moral turpitude if the board finds that the conviction
does not affect the person's ability to practice
competently and safely.
* Sec. 10. AS 08.61.040 is amended to read:
Sec. 08.61.040. Licensure by credentials. The
board shall issue a license to practice massage
therapy to a person who
(1) is 18 years of age or older;
(2) applies on a form provided by the
department;
(3) pays the fees established under
AS 08.61.090;
(4) has submitted the person's fingerprints
and the fees required by the Department of Public
Safety under AS 12.62.160 for criminal justice
information and a national criminal history record
check; the fingerprints and fees shall be forwarded to
the Department of Public Safety to obtain a report of
criminal justice information under AS 12.62 and a
national criminal history record check under
AS 12.62.400;
(5) is not the subject of an unresolved
complaint or disciplinary action before a regulatory
authority in this state or another jurisdiction;
(6) has not had a certificate or license to
practice massage therapy revoked, suspended, or
voluntarily surrendered in this state or another
jurisdiction;
(7) has not been convicted of, or pled
guilty or no contest to, a law or ordinance of this or
another jurisdiction with elements similar to a crime
listed under AS 11.41.340 - 11.41.355 or 11.41.410 -
11.41.460, or a crime involving moral turpitude, or
has been convicted of, or pled guilty or no contest
to, a crime involving moral turpitude if the board
finds that the conviction does not affect the person's
ability to practice competently and safely;
(8) has a current cardiopulmonary
resuscitation certification; and
(9) is currently
(A) licensed to practice massage therapy in
another state or country that has licensing
requirements that are substantially equal to or
greater than the requirements of this state; or
(B) certified by a certification entity
approved by the board.
* Sec. 11. AS 08.61.060 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 12. AS 08.63.100(a) is amended to read:
(a) The board shall issue a license to practice
marital and family therapy to a person who
(1) applies on a form provided by the
board;
(2) pays the fee established under
AS 08.01.065;
(3) furnishes evidence satisfactory to the
board that the person
(A) has not engaged in conduct that is a
ground for imposing disciplinary sanctions under
AS 08.63.210;
(B) holds a master's degree or doctorate in
marital and family therapy or allied mental health
field from a regionally accredited educational
institution approved by the board for which the person
completed a course of study that included instruction
substantially equivalent to the following:
(i) three courses or nine semester or 12
quarter hours of course work in marital and family
therapy;
(ii) three courses or nine semester or 12
quarter hours of course work in marital and family
studies;
(iii) three courses or nine semester or 12
quarter hours of course work in human development;
(iv) one course or three semester or four
quarter hours of course work in professional studies
or professional ethics and law;
(v) one course or three semester or four
quarter hours of course work in research; and
(vi) one year of supervised clinical
practice in marital and family therapy;
(C) after receiving a degree described in
(B) of this paragraph, has practiced supervised
marital and family therapy, including 1,700 hours of
clinical contact with couples, individuals, and
families; the 1,700 hours of clinical contact must
include at least 100 hours of individual supervision
and 100 hours of group supervision approved by the
board; the 100 hours of individual supervision and 100
hours of group supervision may be conducted by one or
more supervisors;
(D) has received training related to
domestic violence; [AND]
(E) has passed a written or oral
examination administered by the board; and
(F) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 13. AS 08.63.210 is amended by adding a new
subsection to read:
(e) The board shall revoke for life a license
issued under this chapter or refuse to issue or renew
a license under this chapter if the board determines
that the individual has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 14. AS 08.64.240(a) is amended to read:
(a) The board may not grant a license if
(1) the applicant fails or cheats during
the examination;
(2) the applicant has surrendered a license
in another jurisdiction while under investigation and
the license has not been reinstated in that
jurisdiction;
(3) the board determines that the applicant
is professionally unfit to practice medicine or
osteopathy in the state; [OR]
(4) the applicant fails to comply with a
requirement of this chapter; or
(5) the applicant has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 15. AS 08.64.326 is amended by adding a new
subsection to read:
(c) The board shall revoke for life a license
issued under this chapter or refuse to issue or renew
a license under this chapter if the board determines
that the person has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 16. AS 08.65.050 is amended to read:
Sec. 08.65.050. Qualifications for license. The
board shall issue a certificate to practice direct-
entry midwifery to a person who
(1) applies on a form provided by the
board;
(2) pays the fees required under
AS 08.65.100;
(3) furnishes evidence satisfactory to the
board that the person has not engaged in conduct that
is a ground for imposing disciplinary sanctions under
AS 08.65.110 and has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460;
(4) furnishes evidence satisfactory to the
board that the person has completed a course of study
and supervised clinical experience; the study and
experience must be of at least one year's duration;
(5) successfully completes the examination
required by the board.
* Sec. 17. AS 08.65.110 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a
certificate or permit or refuse to issue or renew a
certificate or permit if the board determines that the
individual has been convicted, including a conviction
based on a guilty plea or plea of nolo contendere, of
a crime under AS 11.41.340 - 11.41.355 or 11.41.410 -
11.41.460.
* Sec. 18. AS 08.68.170(c) is amended to read:
(c) An applicant for a license to practice
advanced practice registered nursing shall submit to
the board, on forms and in the manner prescribed by
the board, written evidence, verified by oath, that
the applicant
(1) is licensed as a registered nurse in
the state; [AND]
(2) has successfully completed an advanced
practice registered nurse education program that meets
the criteria established by the board under
AS 08.68.100; and
(3) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 19. AS 08.68.270 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 20. AS 08.80.110 is amended to read:
Sec. 08.80.110. Qualifications for licensure by
examination. An applicant for licensure as a
pharmacist shall
(1) be fluent in the reading, writing, and
speaking of the English language;
(2) furnish the board with at least two
affidavits from reputable citizens that the applicant
has known for at least one year attesting to the
applicant's good moral character;
(3) be a graduate of a college in a degree
program approved by the board;
(4) pass an examination or examinations
given by the board or acceptable to the board under
the score transfer process administered by the
National Association of Boards of Pharmacy;
(5) have completed internship training or
another program that has been approved by the board or
demonstrated to the board's satisfaction that the
applicant has experience in the practice of pharmacy
that meets or exceeds the minimum internship
requirements of the board;
(6) affirm that the applicant has not been
convicted, including a conviction based on a guilty
plea or plea of nolo contendere, of a crime under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460.
* Sec. 21. AS 08.80.145 is amended to read:
Sec. 08.80.145. Reciprocity; license transfer. If
another jurisdiction allows licensure in that
jurisdiction of a pharmacist licensed in this state
under conditions similar to those in this section, the
board may license as a pharmacist in this state a
person licensed as a pharmacist in the other
jurisdiction if the person
(1) submits a written application to the
board on a form required by the board;
(2) is at least 18 years of age;
(3) is of good moral character;
(4) possesses at the time of the request
for licensure as a pharmacist in this state the
qualifications necessary to be eligible for licensure
in this state;
(5) has engaged in the practice of pharmacy
for at least one year or has met the internship
requirements of this state within the one-year period
immediately before applying for a license under this
section;
(6) presents proof satisfactory to the
board that the person is currently licensed as a
pharmacist in the other jurisdiction and does not
currently have a pharmacist license suspended,
revoked, or otherwise restricted except for failure to
apply for renewal or failure to obtain the required
continuing education credits;
(7) has passed an examination approved by
the board that tests the person's knowledge of Alaska
laws relating to pharmacies and pharmacists and the
regulations adopted under those laws; [AND]
(8) pays all required fees; and
(9) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a law or ordinance of this or another
jurisdiction with elements similar to a crime listed
under AS 11.41.340 - 11.41.355 or 11.41.410 -
11.41.460.
* Sec. 22. AS 08.80.261 is amended by adding a new
subsection to read:
(c) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the applicant or licensee has been
convicted, including a conviction based on a guilty
plea or plea of nolo contendere, of a crime under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460.
* Sec. 23. AS 08.86.130(a) is amended to read:
(a) The board shall issue a psychologist license
to a person who
(1) holds an earned doctorate degree, from
an academic institution whose program of graduate
study for a doctorate degree in psychology meets the
criteria established by the board by regulation, in
(A) clinical psychology;
(B) counseling psychology; or
(C) education in a field of specialization
considered equivalent by the board;
(2) has not engaged in dishonorable conduct
related to the practice of counseling or psychometry;
(3) has one year of post doctoral
supervised experience approved by the board; [AND]
(4) takes and passes the objective
examination developed or approved by the board; and
(5) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 24. AS 08.86.160(a) is amended to read:
(a) The board shall issue a psychological
associate license to a person who
(1) holds an earned master's degree from an
academic institution whose program of graduate study
for a master's degree in psychology meets the criteria
established by the board by regulation in
(A) clinical psychology;
(B) counseling psychology; or
(C) education in a field of specialization
considered equivalent by the board;
(2) has not engaged in dishonorable conduct
related to the practice of counseling or psychometry;
(3) has two years of post master's
supervised experience approved by the board; [AND]
(4) takes and passes the objective
examination developed or approved by the board for
psychological associates; and
(5) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 25. AS 08.86.204 is amended by adding a new
subsection to read:
(e) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 26. AS 08.95.050 is amended by adding a new
subsection to read:
(d) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 27. AS 08.95.110(a) is amended to read:
(a) The board shall issue a license to practice
clinical social work to a person who
(1) has received a master's degree or a
doctoral degree in social work from a college or
university approved by the board;
(2) has completed, within the 10 years
before application for licensure and under the
supervision of a licensed clinical social worker,
licensed psychologist, or licensed psychiatrist either
(A) a minimum of two years of continuous
full-time employment in postgraduate clinical social
work; or
(B) a minimum of 3,000 hours of less than
full-time employment in a period of not less than two
years in postgraduate clinical social work;
(3) is of good moral character;
(4) is in good professional standing and is
fit to practice social work as determined by the
board;
(5) has provided three professional
references that are acceptable to the board,
including, if the applicant
(A) was previously employed to practice
social work, one reference from a person who was the
applicant's employer while practicing social work
unless the applicant demonstrates to the satisfaction
of the board that the applicant is unable to satisfy
the requirement of this subparagraph through no fault
of the applicant; and
(B) is currently employed to practice
social work, a reference from the applicant's current
employer;
(6) has satisfactorily completed the
examination given by the board for clinical social
worker licensing; [AND]
(7) has paid required fees; and
(8) has not been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 28. AS 08.95.120(a) is amended to read:
(a) The board shall issue a license to practice
clinical social work if the applicant
(1) holds a current license to practice
clinical social work in another jurisdiction that, at
the time of original issuance of the license, had
requirements for licensure equal to or more stringent
than those of this state;
(2) is not the subject of an unresolved
complaint or disciplinary action before a regulatory
authority or a professional social work association;
(3) has provided three professional
references that are acceptable to the board,
including, if the applicant
(A) was previously employed to practice
social work, one reference from a person who was the
applicant's employer while practicing social work
unless the applicant demonstrates to the satisfaction
of the board that the applicant is unable to satisfy
the requirement of this subparagraph through no fault
of the applicant; and
(B) is currently employed to practice
social work, a reference from the applicant's current
employer;
(4) has not had a license to practice
clinical social work revoked, suspended, or
surrendered in lieu of disciplinary action in this
state or another jurisdiction;
(5) has submitted proof of continued
competency satisfactory to the board; [AND]
(6) has paid required fees; and
(7) has not been convicted of a law or
ordinance of this or another jurisdiction with
elements substantially similar to a crime listed under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460."
Renumber the following bill sections accordingly.
Page 33, line 3, following "(a)":
Insert "The following sections apply to
revocations, denials, or refusals to issue or renew
licenses, permits, or certificates for offenses
committed on or after the effective date of those
sections:
(1) AS 08.07.025, enacted by sec. 3 of this
Act;
(2) AS 08.26.130(b), enacted by sec. 6 of
this Act;
(3) AS 08.29.400(d), enacted by sec. 8 of
this Act;
(4) AS 08.61.060(b), enacted by sec. 11 of
this Act;
(5) AS 08.63.210(e), enacted by sec. 13 of
this Act;
(6) AS 08.64.326(c), enacted by sec. 15 of
this Act;
(7) AS 08.65.110(b), enacted by sec. 17 of
this Act;
(8) AS 08.68.270(b), enacted by sec. 19 of
this Act;
(9) AS 08.80.261(c), enacted by sec. 22 of
this Act;
(10) AS 08.86.204(e), enacted by sec. 25 of
this Act;
(11) AS 08.95.050(d), enacted by sec. 26 of
this Act."
Reletter the following subsections accordingly.
Page 33, line 5:
Delete "sec. 4"
Insert "sec. 31"
Page 33, line 6:
Delete "sec. 5"
Insert "sec. 32"
Page 33, line 7:
Delete "sec. 6"
Insert "sec. 33"
Page 33, line 8:
Delete "sec. 7"
Insert "sec. 34"
Page 33, line 9:
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REPRESENTATIVE GRAY objected.
1:55:29 PM
MR. ALMEIDA explained that Amendment 8 would require new
licensees to check a box on the department's application
indicating that they had not been convicted of a sex trafficking
or sex offense crime listed under AS 11.41.340 -11.41.355 or AS
11.41.410 - 11.41.460.
1:56:30 PM
REPRESENTATIVE GRAY moved to adopt Amendment 1 to Amendment 8,
labeled 33-GH1029\S.12, Radford, 4/23/23, which read as follows
[original punctuation provided]:
Page 1, following line 5 of the amendment:
Insert new material to read:
"Page 1, line 6, following "certificate;":
Insert "relating to disqualifying convictions for
religious and private school teachers;""
Page 14, following line 23 of the amendment:
Insert new material to read:
"Page 25, following line 11:
Insert a new bill section to read:
"* Sec. 64. AS 14.45 is amended by adding a new
section to read:
Sec. 14.45.115. Disqualifying convictions for
teachers. An individual may not be employed or
volunteer as a teacher in a religious or other private
school if the individual has been convicted of a
crime, or an attempt, solicitation, or conspiracy to
commit a crime, under AS 11.41.340 - 11.41.355 or
11.41.410 - 11.41.460, or a law or ordinance in
another jurisdiction with elements similar to a crime
under AS 11.41.340 - 11.41.355 or 11.41.410 -
11.41.460."
Renumber the following bill sections accordingly."
Page 17, following line 12 of the amendment:
Insert "Following "Act":
Insert ";
(17) AS 14.45.160, enacted by sec. 64 of
this Act""
Page 19, line 6 of the amendment:
Delete "sec. 74"
Insert "sec. 75"
Page 19, line 12 of the amendment:
Delete "74"
Insert "75"
Page 20, line 17 of the amendment:
Delete "sec. 65"
Insert "sec. 66"
Page 20, line 21 of the amendment:
Delete "sec. 67"
Insert "sec. 68"
Page 20, line 25 of the amendment:
Delete "sec. 68"
Insert "sec. 69"
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Delete "sec. 69"
Insert "sec. 70"
Page 21, line 2 of the amendment:
Delete "sec. 70"
Insert "sec. 71"
Page 21, line 14 of the amendment:
Delete "74"
Insert "75"
Page 21, line 18 of the amendment:
Delete "sec. 87"
Insert "sec. 88"
1:56:38 PM
The committee took an at-ease from 1:56 p.m. to 2:00 p.m.
2:00:23 PM
REPRESENTATIVE ALLARD objected to the motion to adopt Amendment
1 to Amendment 8 for the purpose of discussion.
2:00:36 PM
REPRESENTATIVE GRAY informed the committee that in Alaska,
existing law prohibited board certified teachers from holding a
certificate upon conviction of sexual assault. Amendment 1 to
Amendment 8 would extend the prohibition to cover private and
religious educators as well. He defined private and religious
schools, adding that the intent was to ensure that all educators
were teaching without sexual assault or, or sex or human
trafficking, convictions.
REPRESENTATIVE ALLARD asked whether substitute teachers were
captured by the proposed amendment. She pointed out that
substitute teachers were not required to be licensed or
certified in Alaska.
REPRESENTATIVE GRAY asked whether substitute teachers [could
continue to teach] with a sexual assault conviction on their
record.
REPRESENTATIVE ALLARD answered no.
MS. MANNING offered to follow up with the requested information.
REPRESENTATIVE GRAY considered adding "substitute
schoolteachers" to Amendment 1 to Amendment 8.
CHAIR VANCE questioned Representative Gray's intent.
REPRESENTATIVE GRAY said the intent was to pass the proposed
amendment in its current form; however, he said he was open to
adding "substitute teachers" if it was the will of the
committee.
REPRESENTATIVE ALLARD expressed her hesitancy to supporting
Amendment 8, as substitute teachers could "come onboard" for
some time before a background check was conducted.
CHAIR VANCE expressed concern about making this change without
fully understanding the implications.
2:06:58 PM
REPRESENTATIVE EASTMAN questioned the scope of the term
"volunteers" and how broad of a category it encompassed.
Additionally, he pointed out that indecent exposure in the
second degree was included under AS 11.41.460, which was
referenced in Amendment 1 to Amendment 8.
REPRESENTATIVE GRAY said he wanted Amendment 1 to Amendment 8 to
be as broad as possible, adding that individuals convicted of
sexual assault, human trafficking, or sex trafficking should not
have ready access to children. He reiterated that the intention
of adding the word "volunteer" was to make the language as broad
as possible to include volunteers that had been convicted of sex
trafficking.
2:10:33 PM
The committee took a brief at-ease.
2:12:36 PM
REPRESENTATIVE ALLARD removed her objection.
REPRESENTATIVE EASTMAN objected.
2:12:49 PM
A roll call vote was taken. Representatives Carpenter, Gray,
Groh, and Allard voted in favor of Amendment 1 to Amendment 8.
Representatives C. Johnson, Eastman, and Vance voted against it.
Therefore, Amendment 1 to Amendment 8 passed by a vote of 4-3.
CHAIR VANCE sought further comments on Amendment 8, as amended.
2:13:46 PM
REPRESENTATIVE EASTMAN pointed out that "the department" was
mentioned in Section 6 of Amendment 8. He asked which
department was being referred to. Additionally, he reiterated
his observation that crimes, such as indecent exposure in the
second degree, were included in AS 11.41.460.
MS. RADFORD stated that the reference to "department" in Title 8
referred to DCCED.
REPRESENTATIVE EASTMAN expounded on his opposition to Amendment
8, as amended, opining that too broad a net was being cast. He
shared his belief that banning a person for life from engaging
in various careers for a conviction of indecent exposure seemed
unrelated to the specific offense in question.
REPRESENTATIVE ALLARD stated her support for Amendment 8, as
amended, sharing her belief that past behaviors would continue,
especially if the individual had not been through counseling or
other avenues [of treatment].
2:16:23 PM
A roll call vote was taken. Representatives Allard, Carpenter,
C. Johnson, Gray, Groh, and Vance voted in favor of Amendment 8,
as amended. Representative Eastman voted against it.
Therefore, Amendment 8, as amended, was adopted by a vote of 6-
1.
2:16:57 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 9 to Version
S, labeled 33-GH1029\S.6, Radford, 4/19/23, which read:
Page 1, line 1, following "trafficking;":
Insert "relating to lifetime license revocation
or denial for athletic trainers, private professional
conservators and guardians, licensed professional
counselors, massage therapists, marital and family
therapists, physicians, direct-entry midwives, nurses,
pharmacists, psychologists and psychological
associates, and clinical social workers;"
Page 2, following line 11:
Insert new bill sections to read:
"* Sec. 2. AS 08.07 is amended by adding a new
section to read:
Sec. 08.07.025. Revocation or refusal of a
license. The department shall revoke for life an
athletic trainer license or refuse to issue or renew
an athletic trainer license if the department
determines that the individual has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 3. AS 08.26.020(a) is amended to read:
(a) The department shall issue a private
professional full guardian license to an individual
(1) who is at least 21 years of age;
(2) who has two or more years of
professional client casework experience or at least an
associate degree in human services, social work,
psychology, sociology, gerontology, special education,
or a closely related field;
(3) who is certified as a guardian by a
nationally recognized organization in the field of
guardianships;
(4) whose criminal history record checks
under AS 08.26.070 show that the individual has not
been convicted of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460, or of a felony or
[OF A] misdemeanor offense in the state or in any
other jurisdiction involving fraud, misrepresentation,
material omission, misappropriation, theft,
conversion, or any other crime the department
determines would affect the individual's ability to
provide the services of a guardian competently and
safely for the protected person within 10 years before
the application;
(5) who satisfies the application
requirements of AS 08.26.060; and
(6) who satisfies the requirements for
obtaining a private professional conservator license
under AS 08.26.030.
* Sec. 4. AS 08.26.030 is amended to read:
Sec. 08.26.030. Requirements for private
professional conservator license. The department shall
issue a private professional conservator license to an
individual
(1) who is at least 21 years of age;
(2) who has obtained a high school diploma,
or a general education development diploma or its
equivalent;
(3) who has six months' employment
experience in a position involving financial
management, or has at least an associate degree in
accounting or a closely related field;
(4) who is certified as a guardian by a
nationally recognized organization in the field of
guardianships;
(5) whose criminal history record checks
under AS 08.26.070 show that the individual has not
been convicted of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460, or of a felony or
[OF A] misdemeanor offense in the state or in any
other jurisdiction involving fraud, misrepresentation,
material omission, misappropriation, theft,
conversion, or any other crime that the department
determines would affect the individual's ability to
provide the services of a conservator competently and
safely for the protected person within 10 years before
the application; and
(6) who satisfies the application
requirements of AS 08.26.060.
* Sec. 5. AS 08.26.130 is amended by adding a new
subsection to read:
(b) The department shall revoke for life a
license or refuse to issue or renew a license if the
department determines that the individual has been
convicted, including a conviction based on a guilty
plea or plea of nolo contendere, of a crime under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460.
* Sec. 6. AS 08.29.400 is amended by adding a new
subsection to read:
(d) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 7. AS 08.61.060 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 8. AS 08.63.210 is amended by adding a new
subsection to read:
(e) The board shall revoke for life a license
issued under this chapter or refuse to issue or renew
a license under this chapter if the board determines
that the individual has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 9. AS 08.64.240(a) is amended to read:
(a) The board may not grant a license if
(1) the applicant fails or cheats during
the examination;
(2) the applicant has surrendered a license
in another jurisdiction while under investigation and
the license has not been reinstated in that
jurisdiction;
(3) the board determines that the applicant
is professionally unfit to practice medicine or
osteopathy in the state; [OR]
(4) the applicant fails to comply with a
requirement of this chapter; or
(5) the applicant has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 10. AS 08.64.326 is amended by adding a new
subsection to read:
(c) The board shall revoke for life a license
issued under this chapter or refuse to issue or renew
a license under this chapter if the board determines
that the person has been convicted, including a
conviction based on a guilty plea or plea of nolo
contendere, of a crime under AS 11.41.340 - 11.41.355
or 11.41.410 - 11.41.460.
* Sec. 11. AS 08.65.110 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a
certificate or permit or refuse to issue or renew a
certificate or permit if the board determines that the
individual has been convicted, including a conviction
based on a guilty plea or plea of nolo contendere, of
a crime under AS 11.41.340 - 11.41.355 or 11.41.410 -
11.41.460.
* Sec. 12. AS 08.68.270 is amended by adding a new
subsection to read:
(b) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 13. AS 08.80.261 is amended by adding a new
subsection to read:
(c) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the applicant or licensee has been
convicted, including a conviction based on a guilty
plea or plea of nolo contendere, of a crime under
AS 11.41.340 - 11.41.355 or 11.41.410 - 11.41.460.
* Sec. 14. AS 08.86.204 is amended by adding a new
subsection to read:
(e) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460.
* Sec. 15. AS 08.95.050 is amended by adding a new
subsection to read:
(d) The board shall revoke for life a license or
refuse to issue or renew a license if the board
determines that the person has been convicted,
including a conviction based on a guilty plea or plea
of nolo contendere, of a crime under AS 11.41.340 -
11.41.355 or 11.41.410 - 11.41.460."
Renumber the following bill sections accordingly.
Page 33, line 3, following "(a)":
Insert "The following sections apply to
revocations, denials, or refusals to renew licenses,
permits, or certificates for offenses committed on or
after the effective date of those sections:
(1) AS 08.07.025, enacted by sec. 2 of this
Act;
(2) AS 08.26.020(a), as amended by sec. 3
of this Act;
(3) AS 08.26.030, as amended by sec. 4 of
this Act;
(4) AS 08.26.130(b), enacted by sec. 5 of
this Act;
(5) AS 08.29.400(d), enacted by sec. 6 of
this Act;
(6) AS 08.61.060(b), enacted by sec. 7 of
this Act;
(7) AS 08.63.210(e), enacted by sec. 8 of
this Act;
(8) AS 08.64.240(a), as amended by sec. 9
of this Act;
(9) AS 08.64.326(c), enacted by sec. 10 of
this Act;
(10) AS 08.65.110(b), enacted by sec. 11 of
this Act;
(11) AS 08.68.270(a), as amended by sec. 12
of this Act;
(12) AS 08.80.261(c), enacted by sec. 13 of
this Act;
(13) AS 08.86.204(e), enacted by sec. 14 of
this Act;
(14) AS 08.95.050(d), enacted by sec. 15 of
this Act."
Reletter the following subsections accordingly.
Page 33, line 5:
Delete "sec. 4"
Insert "sec. 18"
Page 33, line 6:
Delete "sec. 5"
Insert "sec. 19"
Page 33, line 7:
Delete "sec. 6"
Insert "sec. 20"
Page 33, line 8:
Delete "sec. 7"
Insert "sec. 21"
Page 33, line 9:
Delete "sec. 8"
Insert "sec. 22"
Page 33, line 10:
Delete "sec. 9"
Insert "sec. 23"
Page 33, line 11:
Delete "sec. 10"
Insert "sec. 24"
Page 33, line 12:
Delete "sec. 11"
Insert "sec. 25"
Page 33, line 13:
Delete "sec. 12"
Insert "sec. 26"
Page 33, line 14:
Delete "sec. 13"
Insert "sec. 27"
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Delete "sec. 14"
Insert "sec. 28"
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Delete "sec. 15"
Insert "sec. 29"
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Delete "sec. 16"
Insert "sec. 30"
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Delete "sec. 17"
Insert "sec. 31"
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Delete "sec. 18"
Insert "sec. 32"
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Delete "sec. 36"
Insert "sec. 50"
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Delete "sec. 20"
Insert "sec. 34"
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Delete "sec. 21"
Insert "sec. 35"
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Delete "sec. 22"
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Delete "sec. 23"
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Delete "sec. 24"
Insert "sec. 38"
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Delete "sec. 28"
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Delete "sec. 33"
Insert "sec. 47"
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Delete "sec. 34"
Insert "sec. 48"
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Delete "sec. 34"
Insert "sec. 48"
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Delete "sec. 35"
Insert "sec. 49"
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Delete "sec. 47"
Insert "sec. 61"
Delete "sec. 35"
Insert "sec. 49"
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Delete "secs. 35 and 47"
Insert "secs. 49 and 61"
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Delete "sec. 35"
Insert "sec. 49"
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Delete "sec. 35"
Insert "sec. 49"
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Delete "sec. 2"
Insert "sec. 16"
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Delete "sec. 19"
Insert "sec. 33"
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Delete "sec. 29"
Insert "sec. 43"
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Delete "sec. 30"
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Delete "sec. 31"
Insert "sec. 45"
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Delete "sec. 32"
Insert "sec. 46"
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Delete "sec. 38"
Insert "sec. 52"
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Delete "sec. 40"
Insert "sec. 54"
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Delete "sec. 41"
Insert "sec. 55"
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Delete "sec. 42"
Insert "sec. 56"
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Delete "sec. 43"
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Delete "sec. 35"
Insert "sec. 49"
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Delete "sec. 35"
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Delete "Sections 35 and 47"
Insert "Sections 49 and 61"
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Delete "sec. 60"
Insert "sec. 74"
REPRESENTATIVE EASTMAN objected.
2:17:12 PM
MR. ALMEIDA explained that Amendment 9 would invoke a revocation
or refusal of a license for all listed licenses.
2:17:55 PM
REPRESENTATIVE GROH requested an elaboration on the relationship
between Amendment 8 and Amendment 9. More specifically, he
asked why they were not combined into one amendment.
MR. ALMEIDA said Amendment 8 ensured that applicants were
disclosing a sex trafficking conviction on the application for a
professional license whereas Amendment 9 would ensure that
specific professional licensees were revoked or refused upon the
conviction of a sex trafficking crime.
2:19:14 PM
REPRESENTATIVE EASTMAN considered the example of a teenager who
was convicted of running naked through a college campus. He
asked how that related to the individual's ability to be a
pharmacist 20 years later.
CHAIR VANCE clarified that revocation or refusal of a license
only applied to sex trafficking convictions.
REPRESENTATIVE EASTMAN inquired about the effect of page 1, line
5, which explicitly listed pharmacists.
MS. RADFORD asked Representative Eastman to repeat the question.
REPRESENTATIVE EASTMAN directed attention to page 1, lines 2-6
of Amendment 9, which listed a variety of careers and
occupations. He asked how the proposed amendment would impact a
person who was currently a pharmacist or applying to be a
pharmacist.
MS. RADFORD explained that should Amendment 9 pass, the board
could refuse to issue or renew a license if the licensee was
convicted of a crime under AS 11.41.340 - 11.41.355 or AS
11.41.410 - 11-41-460.
REPRESENTATIVE ALLARD suggested that a pharmacist's ability
access to drugs could be used against intended victims. For
that reason, she opined that the inclusion of pharmacists was
appropriate.
2:22:40 PM
REPRESENTATIVE EASTMAN inquired about the connection between
streaking, or indecent exposure, and the ability to access drugs
as a licensed pharmacist.
REPRESENTATIVE ALLARD remarked, "I think it's relevant that
someone who has indecent exposure obviously has some issues, and
like I said earlier, unless they have counseling or they have
not committed a crime, access to drugs is alarming to me."
REPRESENTATIVE GRAY pointed out that clinical pharmacists meet
with patients one-on-one.
2:24:16 PM
REPRESENTATIVE C. JOHNSON remarked, "Going back to Amendment 7,
which we ? athletic trainers convicted of a felony or a
misdemeanor crime. Is that true of all of these professions -
felony or misdemeanor? ? I want to make sure that we're
consistent."
MS. RADFORD explained that Amendment 7 related to the
notification of conviction provision. Regarding athletic
trainers, per Section 2 of Amendment 7, she said, any felony or
misdemeanor crime was included. Alternatively, Amendment 9
proposed the lifetime revocation or refusal to renew a license
for crimes related to sex trafficking or sex offenses.
REPRESENTATIVE C. JOHNSON asked whether all notifications of
conviction included the felony or misdemeanor language.
2:27:00 PM
The committee took a brief at-ease.
2:30:40 PM
CHAIR VANCE conveyed that after further clarification, a
previously adopted amendment had accomplished the lifetime
licensure revocation; therefore, Amendment 9 was unnecessary.
2:31:04 PM
REPRESENTATIVE CARPENTER withdrew Amendment 9.
CHAIR VANCE redirected the conversation to Version S, as
amended.
2:31:26 PM
The committee took an at-ease from 2:31 p.m. to 3:36 p.m.
2:36:13 PM
CHAIR VANCE asked whether the legislative intent of Amendment 9
was captured in Section 6 of Amendment 8.
MS. RADFORD confirmed that Section 6 of Amendment 8 contained
the language in Section 5 of Amendment 9. She added that the
language relating to licensure revocation or refusal for the
listed professions was the same in both amendments.
CHAIR VANCE asked whether Amendment 9 was needed to cover the
revocation of licenses.
MS. RADFORD clarified that Amendment 9 was not needed, as the
language accomplishing the intent had already been adopted in
Amendment 8.
CHAIR VANCE returned attention to Version S, as amended, and
invited questions from members of the committee.
2:38:55 PM
REPRESENTATIVE EASTMAN shared his understanding that should the
bill pass, a person who received a penalty for even attempting
to commit one of these crimes would be banned from simply
volunteering under certain circumstances. He opined that
Version S was "more than what [he] thought the bill was
originally intended to be." For that reason, he said he would
be objecting to the bill, as drafted.
2:40:28 PM
The committee took an at-ease from 2:40 p.m. to 2:54 p.m.
2:54:10 PM
REPRESENTATIVE CARPENTER moved to rescind action on Amendment 8,
as amended.
REPRESENTATIVE GROH objected for the purpose of discussion.
2:54:35 PM
REPRESENTATIVE CARPENTER explained that in an effort to resolve
members' concerns regarding AS 11.41.410 - 11.41.460, the intent
was to rescind action on Amendment 8 for the purpose of amending
it further. The conceptual amendment following recension, he
said, would remove those statutes from Amendment 8.
REPRESENTATIVE GROH removed his objection. There being no
further objection, Amendment 8, as amended, was rescinded.
REPRESENTATIVE GRAY sought to confirm that Amendment 1 to
Amendment 8 was not being amended.
REPRESENTATIVE CARPENTER confirmed.
2:55:52 PM
REPRESENTATIVE EASTMAN pointed out that AS 11.41.460 was
included in Amendment 1 to Amendment 8. Therefore, he suggested
that if the intent was to remove the statutory reference from
Amendment 8, it should be removed from Amendment 1 to Amendment
8 as well.
REPRESENTATIVE VANCE asked Representative Carpenter to clarify
the purpose of the rescinding action.
REPRESENTATIVE CARPENTER reiterated that the intent was to
remove from Amendment 8 all reference to statutes AS 11.41.410 -
11.41.460, which would require the passage of a conceptual
amendment that stated such.
REPRESENTATIVE C. JOHNSON pointed out that the committee was
debating something that was not before the committee.
2:57:52 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 8.
REPRESENTATIVE GROH objected for the purpose of discussion.
2:58:28 PM
The committee took an at-ease from 2:58 p.m. to 3:01 p.m.
3:01:01 PM
REPRESENTATIVE CARPENTER moved to amend [the previously adopted]
Amendment 1 to Amendment 8, such that all references to statutes
AS 11.41.410 - 11.41.460 would be deleted.
REPRESENTATIVE GRAY objected. He said he understood the will of
the committee to make the bill narrowly focused on sex
trafficking; however, because the amendment pertained to the
prevention of certain licenses from access to the public, he
believed it was prudent to people who had sexually abused
minors. He recalled that the primary objection was in regard to
streaking; consequently, he suggested removing the [indecent
exposure] statute specifically.
REPRESENTATIVE EASTMAN clarified that he had specifically
highlighted streaking for the purpose of illustrating how far
[in scope] the bill had expanded. He indicated that his vote
would be in favor of staying in the more well-defined arena of
sex and human trafficking.
REPRESENTATIVE ALLARD shared her belief that, although she
agreed with Representative Gray, the focus should remain on sex
trafficking. She suggested that the committee could "circle
back around" and bring something else forward that focused on
sexual assault.
[The committee treated the objection as if it was maintained.]
3:04:52 PM
A roll call vote was taken. Representatives Groh, Allard,
Carpenter, C. Johnson, Eastman, and Vance voted in favor of
conceptually amending Amendment 1 to Amendment 8.
Representative Gray voted against it. Therefore, Conceptual
Amendment 1 to Amendment 8 was adopted by a vote of 6-1.
CHAIR VANCE requested a roll call vote on the motion to adopt
Amendment 8, as conceptually amended.
3:05:35 PM
A roll call vote was taken. Representatives Gray, Groh, Allard,
Carpenter, C. Johnson, and Vance voted in favor of Amendment 8,
as conceptually amended. Representative Eastman voted against
it. Therefore, Amendment 8, as conceptually amended, was
adopted by a vote of 6-1.
CHAIR VANCE invited final comment from Ms. Schroeder on Version
S, as amended.
3:06:29 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), on behalf of the House Rules Standing
Committee, sponsor by request of the governor, acknowledged the
length of the bill and its many moving parts, in addition to the
difficult subject matter. She thanked the committee for its
work, opining that "some good changes [had] been made."
REPRESENTATIVE ALLARD said she was proud to be a part of passing
the legislation out of committee.
REPRESENTATIVE EASTMAN pointed out that due to the length of the
bill, it would be difficult for one committee to address the
legislation in its entirety. Based on the testimony provided to
the committee, he suggested that Alaska was open for business in
a less than favorable way, characterizing the state as the
recruitment grounds for sex trafficking and other related
crimes. He expressed his hope that such an identity could be
changed; however, he believed it would be difficult. He
expressed his hope that [sex and human trafficking crimes] could
be prevented by targeting criminal behavior "at the beginning"
through this and other bills.
REPRESENTATIVE GROH thanked the committee for its work on the
bill and commended the chair for her passion and creativity.
Nonetheless, he expressed concern about some of the procedural
aspects in regard to the amendment process and the majority of
the committee leaving the room during at-eases.
REPRESENTATIVE GRAY opined that the bill had undergone major
structural changes for the better, adding that additional
changes could be made.
3:11:06 PM
CHAIR VANCE thanked the committee for the exhaustive process on
Version S, as amended. She acknowledged that the process was
"bumpy" at times, explaining that the at-eases were used to seek
clarification and advice on procedural matters and the
implication of amendments. She confirmed that more work was
needed on the proposed legislation in addition to human
trafficking laws. She expressed her gratitude and described the
bill as "a step forward in what Alaska can do to end human
trafficking in Alaska."
3:12:20 PM
REPRESENTATIVE ALLARD moved to report CSHB 68, Version 33-
GH1029\S, Radford, 4/11/23, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 68(JUD), was reported from the
House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 68 - v.S Amendment #5 S.10.pdf |
HJUD 4/24/2023 1:00:00 PM |
HB 68 |
| HB 68 - v.S Amendment #6 S.8.pdf |
HJUD 4/24/2023 1:00:00 PM |
HB 68 |
| HB 68 - v.S Amendment #7 S.9.pdf |
HFSH 4/21/2023 1:00:00 PM HJUD 4/24/2023 1:00:00 PM |
HB 68 |
| HB 68 - v.S Amendment #8 S.11.pdf |
HFSH 4/21/2023 1:00:00 PM HJUD 4/24/2023 1:00:00 PM |
HB 68 |
| HB 68 - v.S Amendment #9 S.6.pdf |
HJUD 4/24/2023 1:00:00 PM |
HB 68 |