Enrolled HB 28: Relating to temporary courtesy licenses for certain nonresident professionals and to a temporary exemption from fees and other licensing requirements for active duty members of the armed forces; authorizing temporary licenses for pawnbrokers not currently licensed by a municipality; and providing for an effective date.
00Enrolled HB 28 01 Relating to temporary courtesy licenses for certain nonresident professionals and to a 02 temporary exemption from fees and other licensing requirements for active duty members of 03 the armed forces; authorizing temporary licenses for pawnbrokers not currently licensed by a 04 municipality; and providing for an effective date. 05 _______________ 06 * Section 1. AS 08.01 is amended by adding a new section to read: 07 Sec. 08.01.063. Military courtesy licenses. (a) Except as provided in (d) of 08 this section, and notwithstanding another provision of law, the department or 09 appropriate board may issue a temporary courtesy license to the spouse of an active 10 duty member of the armed forces of the United States if the spouse applies to the 11 department or appropriate board in the manner prescribed by the department or 12 appropriate board. An application must include evidence satisfactory to the department 13 or appropriate board that the applicant 14 (1) is married to and living with a member of the armed forces of the
01 United States who is on active duty and assigned to a duty station in this state under 02 official active duty military orders; 03 (2) holds a current license or certificate in another state, district, or 04 territory of the United States with requirements that the department or appropriate 05 board determines are equivalent to those established under this title for that 06 occupation; 07 (3) if required by the department or appropriate board for obtaining a 08 license in the applicant's profession, has been fingerprinted and has provided the fees 09 required by the Department of Public Safety under AS 12.62.160 for criminal justice 10 information and a national criminal history record check; the fingerprints and fees 11 shall be forwarded to the Department of Public Safety to obtain a report of criminal 12 justice information under AS 12.62 and a national criminal history record check under 13 AS 12.62.400; 14 (4) has not committed an act in any jurisdiction that would have 15 constituted grounds for the refusal, suspension, or revocation of a license or certificate 16 to practice that occupation under this title at the time the act was committed; 17 (5) has not been disciplined by a licensing or credentialing entity in 18 another jurisdiction and is not the subject of an unresolved complaint, review 19 procedure, or disciplinary proceeding conducted by a licensing or credentialing entity 20 in another jurisdiction; and 21 (6) pays any fees required under this title. 22 (b) The department or appropriate board shall expedite the procedure for 23 issuance of a license under (a) of this section. 24 (c) A temporary courtesy license issued under this section is valid for 180 25 days and may be extended at the discretion of the department or appropriate board for 26 one additional 180-day period, on application of the holder of the temporary courtesy 27 license. 28 (d) This section does not apply to the practice of law or the regulation of 29 attorneys under AS 08.08. 30 * Sec. 2. AS 08.01.100 is amended by adding a new subsection to read: 31 (g) A member of the armed forces of the United States on active duty in a
01 combat zone, danger pay post, or qualified hazardous duty area, who is a licensee 02 under this title in good standing at the time of the licensee's active duty order is 03 exempt from any fees or other requirements to maintain that license or good standing 04 while the licensee is in that zone, at that post, or in that area. This exemption is valid 05 for 180 days after returning to the licensee's permanent duty station, if the licensee 06 does not engage in licensed practice for profit in the private sector. The licensee shall 07 pay fees and meet all other requirements for the license period beginning after the 08 exemption ends. In this subsection, 09 (1) "combat zone" has the meaning given in 26 U.S.C. 112(c)(2) 10 (Internal Revenue Code); 11 (2) "danger pay post" means a post so designated by the United States 12 Secretary of State in the Department of State Standardized Regulations for purposes of 13 danger pay under 5 U.S.C. 5928; 14 (3) "qualified hazardous duty area" means an area that, during the 15 applicant's deployment, is treated as if it were a combat zone for purposes of a federal 16 tax exemption under 26 U.S.C. 112 (Internal Revenue Code). 17 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: CURRENT NONMUNICIPAL PAWNBROKERS. (a) 20 Notwithstanding AS 08.76.100, as enacted by sec. 5, ch. 49, SLA 2010, a person engaging in 21 business in this state on July 1, 2011, for which a license is required by AS 08.76.100 and 22 who does not hold a current municipal pawnbroker license on that date may continue to 23 engage in business as a pawnbroker until December 31, 2011, without obtaining a license 24 issued by the Department of Commerce, Community, and Economic Development if the 25 unlicensed pawnbroker applies to the Department of Commerce, Community, and Economic 26 Development for a temporary license on a form provided by the department before 27 September 2, 2011. Upon receipt of the application, the Department of Commerce, 28 Community, and Economic Development shall grant a temporary license as described in this 29 subsection. 30 (b) A temporary license issued under this section is nonrenewable and expires on 31 December 31, 2011.
01 (c) Notwithstanding (a) and (b) of this section, an applicant for a 02 license required by AS 08.76.100, enacted by sec. 5, ch. 49, SLA 2010, bears the 03 burden of proving eligibility for the license under AS 08.76.110. 04 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c).