Legislature(2005 - 2006)CAPITOL 124

03/17/2005 01:00 PM House MILITARY & VETERANS' AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 181 WAIVE CONTINUTING EDUC. REQ FOR MILITARY TELECONFERENCED
Moved CSHB 181(MLV) Out of Committee
*+ SB 90 ALASKA TERRITORIAL GUARD DAY TELECONFERENCED
Moved Out of Committee
*+ HB 167 DEATH CERTIFICATE FOR DECEASED VETERAN TELECONFERENCED
Moved CSHB 167(MLV) Out of Committee
*+ HB 166 VETERANS' MEMORIAL CERTIFICATES TELECONFERENCED
Moved CSHB 166(MLV) Out of Committee
*+ HB 168 VETS'/PIONEERS' HOMES RESIDENTS' INCOME TELECONFERENCED
Scheduled But Not Heard/Subcmte Assigned
*+ HB 201 PERM. FUND DIVIDEND APPS OF MILITARY TELECONFERENCED
Moved Out of Committee
+= HB 122 LIFE INSURANCE FOR NATIONAL GUARD TELECONFERENCED
Moved CSHB 122(MLV) Out of Committee
Bills Previously Heard/Scheduled
HB 181-WAIVE CONTINUING EDUC. REQ FOR MILITARY                                                                                
                                                                                                                                
2:05:50 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the next order  of business  would be                                                               
HOUSE BILL NO. 181 "An Act  establishing a waiver for active duty                                                               
military  service   of  continuing  education   requirements  for                                                               
renewal of occupational licenses."                                                                                              
                                                                                                                                
KAREN  LIDSTER,  staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature, said  there is a committee  substitute (CS) to                                                               
HB  181,   and  she  read   the  sponsor's   statement  (original                                                               
punctuation provided):                                                                                                          
                                                                                                                                
     This  legislation   is  introduced  to   eliminate  the                                                                    
     possibility of  a professional  licensee losing  his or                                                                    
     her  license because  of failure  to fulfill  statutory                                                                    
     requirements for continuing  education while serving on                                                                    
     active duty in  a combat zone or  area where continuing                                                                    
     education classes are not available.                                                                                       
                                                                                                                                
     Many professional  license holders are also  members of                                                                    
     reserve or  auxiliary components  of the  armed forces.                                                                    
     When deployed  to a combat  zone or area  where classes                                                                    
     are not available,  they no longer have  the ability to                                                                    
     fulfill  the education  requirements to  maintain their                                                                    
     specific license, registration, permit or certificate.                                                                     
                                                                                                                                
     HB   181  provides   a   waiver   of  the   educational                                                                    
     requirements and  allows the  license holder  to return                                                                    
     to  Alaska  and have  an  extended  period of  time  to                                                                    
     fulfill the  continuing education  requirements without                                                                    
     losing their license for non-compliance.                                                                                   
                                                                                                                                
MS.  LIDSTER   said  the   Division  of   Occupational  Licensing                                                               
recommended  leaving  the  waiver   decision  to  the  department                                                               
instead of individual  boards.  The CS reflects  that change, she                                                               
said.   The  House Special  Committee on  Military and  Veterans'                                                               
Affairs  changed  the term  "active  duty  military" to  be  more                                                               
specific of who will be covered under the bill.                                                                                 
                                                                                                                                
2:09:20 PM                                                                                                                    
                                                                                                                                
MS. LIDSTER said  that people in remote areas will  be covered as                                                               
well as those in combat zones.                                                                                                  
                                                                                                                                
2:10:13 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN said  people in staging areas  and training facilities                                                               
may find it  impossible to do their continuing  education, and he                                                               
asked if there is a requirement for catching up.                                                                                
                                                                                                                                
MS.  LIDSTER said  people in  staging or  training areas  will be                                                               
covered.   She added that  the department will determine  how the                                                               
waiver will work for specific licenses.                                                                                         
                                                                                                                                
CHAIR LYNN said  some courses are an aggravation.   There will be                                                               
new courses  on top of  the ones missed,  and a person  might not                                                               
ever catch up.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  appreciates the intent  of the                                                               
bill but  has serious concerns  about how it  will play out.   He                                                               
said  licensing boards  are very  different, and  the legislature                                                               
should  hear from  each of  them.   He added  that the  state bar                                                               
cannot  be   regulated  by  the  legislature,   making  the  bill                                                               
unconstitutional.   Many  requirements  can be  done online,  and                                                               
there is  the question  of catching  up, he  said.   It is  a far                                                               
reaching bill, particularly with  healthcare where people's lives                                                               
could be  at stake.   "It is essential  that we just  not totally                                                               
waive everybody's continuing education requirement," he said.                                                                   
                                                                                                                                
REPRESENTATIVE THOMAS said a doctor  who enlists will not "pack a                                                               
rifle."   Someone in a  professional field will continue  to stay                                                               
in that field.                                                                                                                  
                                                                                                                                
2:16:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA said  the legislature  does not  have much                                                               
control over licensing institutions, but  it does have some input                                                               
with the University of Alaska and some trade schools.                                                                           
                                                                                                                                
MS. LIDSTER  said those are good  points, and she will  work with                                                               
committee members on a CS.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  could support the original bill                                                               
with Amendment 1 as follows:                                                                                                    
                                                                                                                                
     Page 1, line 14, after "and"                                                                                           
     Insert "may"                                                                                                           
                                                                                                                                
Hearing no objection,  Amendment 1 to the original HB  181 was so                                                               
moved.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG offered Amendment 2 as follows:                                                                        
                                                                                                                                
     Page 2, line 1, delete "active duty military service"                                                                  
     Insert ""reserve  or auxiliary  member" means  a member                                                                    
     of  a  reserve  or  auxiliary component  of  the  armed                                                                    
     forces of  the United  States, including  the organized                                                                    
     militia of the stat,  consisting of the Alaska National                                                                    
     Guard, the  Alaska Naval Militia, and  the Alaska State                                                                    
     Defense Force, and who is  called to active duty by the                                                                    
     appropriate state of federal authority"                                                                                    
                                                                                                                                
     Page 2, line 16, delete "active duty military service"                                                                 
     Insert ""reserve  or auxiliary  member" means  a member                                                                    
     of  a  reserve  or  auxiliary component  of  the  armed                                                                    
     forces of  the United  States, including  the organized                                                                    
     militia of the stat,  consisting of the Alaska National                                                                    
     Guard, the  Alaska Naval Militia, and  the Alaska State                                                                    
     Defense Force, and who is  called to active duty by the                                                                    
     appropriate state of federal authority"                                                                                    
                                                                                                                                
Hearing no objection,  Amendment 2 to the original HB  181 was so                                                               
moved.                                                                                                                          
                                                                                                                                
2:20:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG offered Amendment 3 as follows:                                                                        
                                                                                                                                
Page 2, line 14, delete "shall"                                                                                             
Insert "may"                                                                                                                
                                                                                                                                
Hearing no objection,  Amendment 3 to the original HB  181 was so                                                               
moved.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to  report HB  181, version  24-                                                               
LS0685\A,   as  amended   out   of   committee  with   individual                                                               
recommendations and  the accompanying  fiscal notes.   Hearing no                                                               
objection,  CSHB 181(MLV)  was  moved out  of  the House  Special                                                               
Committee on Military and Veterans' Affairs.                                                                                    
                                                                                                                                

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