SB 85 — An Act relating to national criminal history record checks for certain employees of the Department of Revenue; relating to permanent fund dividends; relating to the confidentiality of certain information provided on a permanent fund dividend application; and providing for an effective date.

33-GS1337\S33-GS1337\A CS FOR SENATE BILL NO.

85(L&C)85 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE SENATE LABORRULES ANDCOMMITTEE COMMERCEBY COMMITTEEREQUEST Referred:OF THE GOVERNOR Introduced:

Finance2/24/23 Sponsor(s):Referred:

SENATELabor RULESand COMMITTEECommerce, BYFinance REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to national criminal history record checks for certain employees of the Department of Revenue;

AS 12.62.400(a) is amended to read:

(a) To obtain a national criminal history record check for determining a person's qualifications for a license, permit, registration, employment, or position, a person shall submit the person's fingerprints to the department with the fee established by AS 12.62.160.

The department may submit the fingerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the person for the purpose of evaluating a person's qualifications for (1) a license or conditional contractor's permit to manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage under AS 04.11;

(2) licensure as a mortgage lender, a mortgage broker, or a mortgage SB0085A -1- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 33-GS1337\A loan originator under AS 06.60;

(3) admission to the Alaska Bar Association under AS 08.08;

(4) licensure as a collection agency operator under AS 08.24;

(5) a certificate of fitness to handle explosives under AS 08.52;

(6) licensure as a massage therapist under AS 08.61;

(7) licensure to practice nursing or certification as a nurse aide under AS 08.68;

(8) certification as a real estate appraiser under as 08.87;

(9) a position involving supervisory or disciplinary power over a minor or dependent adult for which criminal justice information may be released under AS 12.62.160(b)(9);

(10) a teacher certificate under AS 14.20;

(11) a registration or license to operate a marijuana establishment under AS 17.38;

(12) admittance to a police training program under AS 18.65.230 or for certification as a police officer under AS 18.65.240 if that person's prospective employer does not have access to a criminal justice information system;

(13) licensure as a security guard under AS 18.65.400 - 18.65.490;

(14) a concealed handgun permit under AS 18.65.700 - 18.65.790;

(15) licensure as an insurance producer, managing general agent, reinsurance intermediary broker, reinsurance intermediary manager, surplus lines broker, or independent adjuster under AS 21.27;

(16) serving and executing process issued by a court by a person designated under AS 22.20.130;

(17) a school bus driver license under AS 28.15.046;

(18) licensure as an operator or an instructor for a commercial driver training school under AS 28.17;

(19) registration as a broker-dealer, agent, investment adviser representative, or investment adviser under AS 45.56.300 - 45.56.350;

(20) licensure, license renewal, certification, certification renewal, or payment from the Department of Health of an individual and an entity subject to the SB 85 -2- SB0085A New Text Underlined [DELETED TEXT BRACKETED] 33-GS1337\A requirements for a criminal history check under AS 47.05.310, including (A) a public home care provider described in AS 47.05.017;

(B) a provider of home and community-based waiver services financed under AS 47.07.030(c);

(C) a case manager to coordinate community mental health services under AS 47.30.530;

(D) an entity listed in AS 47.32.010(b) and (c), including an owner, officer, director, member, partner, employee, volunteer, or contractor of an entity;

or (E) an individual or entity not described in (A) - (D) of this paragraph that is required by statute or regulation to be licensed or certified by the Department of Health or that is eligible to receive payments, in whole or in part, from the Department of Health to provide for the health, safety, and welfare of persons who are served by the programs administered by the Department of Health;

(21) employment as a village public safety officer under AS 18.65.672 or certification as a village public safety officer under AS 18.65.682;

(22) licensure, license renewal, certification, or certification renewal by the Department of Family and Community Services of an individual or entity, or payment from the Department of Family and Community Services to an individual or entity, subject to the requirements for a criminal history check under AS 47.05.310 for a foster home, child placement agency, and runaway shelter listed in as 47.32.010(c), including an owner, officer, director, member, partner, employee, volunteer, or contractor of an entity;

(23) employment with the Department of Revenue for the purposes of administering the dividend program under AS 43.23.

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(c) To obtain a national criminal history record check for determining a current or prospective employee's qualifications under AS 39.90.210,39.90.210 a current or prospective employee's qualifications and suitability to administer the permanent fund dividend program under AS 43.23,43.23 or a contractor's qualifications under AS 36.30.960, the agency or the procurement officer shall submit the current or prospective employee's or contractor's fingerprints to the SB0085A -3- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 33-GS1337\A department with the fee established by AS 12.62.160.

The department shall submit the fingerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the current or prospective employee or contractor for the purpose of evaluating a SB0085B -1- CSSB 85(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-GS1337\S person's qualifications under AS 36.30.960,36.30.960 [AND]and AS 39.90.210,39.90.210. or AS 43.23, as applicable.

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on a break or holiday from a secondary or postsecondary educational institution during an academic year, not including summer break, if the individual is enrolled in and attends the educational institution on a full-time basis before and after the break or holiday;

or in an orientation program required as a condition of the secondary or postsecondary education and the individual immediately begins the education on a full-time basis after the completion of the orientation;