Legislature(2023 - 2024)GRUENBERG 120
04/11/2023 01:00 PM House MILITARY & VETERANS' AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 85 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
April 11, 2023
1:04 p.m.
MEMBERS PRESENT
Representative Stanley Wright, Chair
Representative Laddie Shaw
Representative Ben Carpenter
Representative George Rauscher
Representative Dan Saddler
Representative Cliff Groh
Representative Andrew Gray
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 85
"An Act relating to professional licensing; relating to
temporary licenses for some professions; and providing for an
effective date."
- MOVED CSHB 85(MLV) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 85
SHORT TITLE: PROFESSIONAL LICENSING; TEMP PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/27/23 (H) READ THE FIRST TIME - REFERRALS
02/27/23 (H) L&C, FIN
03/08/23 (H) L&C AT 3:15 PM BARNES 124
03/08/23 (H) Heard & Held
03/08/23 (H) MINUTE(L&C)
03/10/23 (H) L&C AT 3:15 PM BARNES 124
03/10/23 (H) Heard & Held
03/10/23 (H) MINUTE(L&C)
03/17/23 (H) L&C AT 3:15 PM BARNES 124
03/17/23 (H) Moved CSHB 85(L&C) Out of Committee
03/17/23 (H) MINUTE(L&C)
03/20/23 (H) L&C RPT CS(L&C) 5DP 1AM
03/20/23 (H) DP: CARRICK, WRIGHT, PRAX, RUFFRIDGE,
SUMNER
03/20/23 (H) AM: SADDLER
03/22/23 (H) MLV REFERRAL ADDED BEFORE FIN
03/22/23 (H) BILL REPRINTED
03/28/23 (H) MLV AT 1:00 PM GRUENBERG 120
03/28/23 (H) Heard & Held
03/28/23 (H) MINUTE(MLV)
04/11/23 (H) MLV AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
FORREST WOLFE, Staff
Representative Stanley Wright
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the summary of changes within a
proposed committee substitute for HB 85.
SYLVAN ROBB, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Spoke on HB 85, Version S, on behalf of the
bill sponsor, House Rules, by request of the governor.
GREG SMITH, Legislative Liaison
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
85.
GLENN SAVIERS, Deputy Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
85.
BEN WILTERDINK, Director of Programs
Archbridge Institute
Washington D.C.
POSITION STATEMENT: Testified in support of HB 85.
ACTION NARRATIVE
1:04:16 PM
CHAIR STANLEY WRIGHT called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:04 p.m.
Representatives Shaw, Rauscher, Saddler, Groh, Gray, and Wright
were present at the call to order. Representative Carpenter
arrived as the meeting was in progress.
HB 85-PROFESSIONAL LICENSING; TEMP PERMITS
1:04:58 PM
CHAIR WRIGHT announced that the only order of business would be
HOUSE BILL NO. 85, "An Act relating to professional licensing;
relating to temporary licenses for some professions; and
providing for an effective date." [Before the committee was CSHB
85(L&C).]
1:05:23 PM
REPRESENTATIVE SHAW moved to adopt the proposed committee
substitute (CS) for HB 85, Version 33-GH1614\S, Bergerud,
3/28/23, as a working document.
1:05:35 PM
REPRESENTATIVE RAUSCHER objected for the purpose of discussion.
1:05:47 PM
FORREST WOLFE, Staff, Representative Stanley Wright, Alaska
State Legislature, read the following summary of changes,
The House Military and Veterans' Affairs Committee CS
would make the following changes to HB85:
• Changes terminology throughout the bill to conform
with the federal legislation that was signed into law
in January of 2023.
o "Temporary military courtesy license" to "military
courtesy license"
o "Active-duty member of the armed forces of the
United States" to "military servicemember"
.notdef This term recognizes that military orders do not
always place servicemembers on active-duty status.
o Changes reference to persons "married to and living
with a member of the armed forces" to "spouse of a
military servicemember."
Substantive changes in the CS occur in the following
sections:
• Section 2:
o Amends AS 08.01.063(a) to reference the recently
enacted federal legislation "Veterans Auto and
Education Improvement Act of 2022" and
.notdef Inserts "at a similar scope of practice and in the
discipline applied for" to conform with the
requirements of the federal legislation.
o In paragraph (a)(1): Replaces language concerning
"active-duty and assigned to a duty station in this
state" to the federal law's requirement that the
applicant "relocates their residency to the state."
o In paragraph (a)(2): Replaces the "substantially
similar" license requirement to the federal
requirement that the servicemember or spouse has
"actively used" a license during the two years prior
to relocating.
o In paragraph (a)(4): Replaces language to conform
with the federal requirement that the applicant remain
in good standing with any licensing authority that has
previously issued the applicant a license of similar
scope.
o In paragraph (a)(5): Replaces existing language with
language requiring an applicant to submit to the
authority of the state for the purposes of standards
of practice, discipline, and fulfillment of any
continuing education requirements.
• Section 4:
o Amends AS 08.01.063(c) to align with the federal
requirement that the military courtesy license is
valid for 180 days or the length of the applicant's
military orders, whichever is longer.
• Adds a new Section 7:
o Adds a definition of "military servicemember" that
incorporates the federal definition.
• Adds a new Section 29:
o Lists the Alaska regulations that will be annulled
due to the federal law.
1:09:05 PM
REPRESENTATIVE RAUSCHER removed his objection to the motion to
adopt the proposed CS for HB 85, Version 33-GH1614\S, Bergerud,
3/28/23, as a working document. There being no further
objection, Version S was before the committee.
1:09:34 PM
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development, said the division has been working with
the Alaska Department of Law to determine what changes need to
be made to be in line with new federal requirements, and HB 85
was determined to be the best vehicle to do so; it would require
that a license be issued for 180 days or the length of the
service member's orders.
1:11:10 PM
MS. ROBB responded to questions from Representative Saddler.
She affirmed that the proposed legislation addresses military
courtesy licenses for service members and their spouses, and
"applicant" applies to both. In either case, the license would
be valid for the length of the service member's order. She
pointed out that to conform with the federal bill, the language
in the proposed legislation is being changed from "active-duty
member of the armed forces of the U.S." to "military service
member" because the service members are not always on active-
duty status when they are required to relocate to Alaska. She
noted that the bill references federal law, under which is a
definition of a military service member. She deferred to Greg
Smith for further comment.
1:14:33 PM
GREG SMITH, Legislative Liaison, Department of Commerce,
Community, and Economic Development, added that Section 7 in
Version S of HB 85 defines "military service member", which
includes members of the National Oceanic and Atmospheric
Administration Commission Corps and the U.S. Public Health
Service Commissioned Corps.
1:15:08 PM
MS. ROBB, in response to a question from Representative Gray
regarding military members that want to "moonlight," indicated
that the proposed legislation would cover, for example, a
physician's assistant in the military who is licensed in another
profession.
1:16:47 PM
MR. SMITH added that if a member of the military with a
professional license is sent to Alaska on military order, the
State of Alaska will issue that member a license providing the
person has used the [out-of-state] license in the last two
years.
1:18:03 PM
MS. ROBB, in response to a question from Representative Saddler
regarding residency, as shown in Section 1 of Version S, stated
that members of the military that are transferred to Alaska are
frequently able to remain residents of their home state while
being eligible for a license in Alaska.
REPRESENTATIVE SADDLER expressed he was not sure he liked that.
1:20:25 PM
MR. SMITH noted that he had worked with Mr. Wolffe on Version S,
and he suggested that adding the word "residency" may have been
an error on his part.
1:20:54 PM
REPRESENTATIVE GRAY offered his understanding that a person who
establishes residency in Alaska would need to get a license in
the state.
1:22:21 PM
GLENN SAVIERS, Deputy Director, Division of Corporations,
Business, and Professional Licensing, Department of Commerce,
Community, and Economic Development, answered that if the
service member is no longer under military orders and moved to
Alaska on their own will, the person does indeed need to attain
an Alaska license; however, just establishing residency in the
state would not trigger the requirement.
1:23:02 PM
REPRESENTATIVE SADDLER sought clarification that a service
member or spouse could come to Alaska, retain the license from
their home of record, and avail themselves of a temporary
military courtesy license for the duration of their military
orders, and would not have to attain an Alaska license.
MS. ROBB responded that Representative Saddler's understanding
is correct, in that such military licensees need to follow the
statutes and regulations of the given profession. For Alaska,
the person would need to meet continuing education requirements,
so it is not, "come to Alaska and do as you wish," as the person
still needs to adhere to the bounds of the profession in the
state.
1:24:28 PM
CHAIR WRIGHT opened public testimony on HB 85.
1:24:51 PM
BEN WILTERDINK, Director of Programs, Archbridge Institute,
testified in support of HB 85. He spoke of Alaska's challenges
regarding workforce recruitment and retention and population
outmigration. He pointed out that Alaska law prohibits
qualified licensed professionals from moving to the state and
using their license without first receiving an Alaska license,
which is a significant barrier for licensed professionals who
consider moving to Alaska. He opined that adopting a system of
universal temporary licensure (UTL) would make it easier for
licensed professionals to move to Alaska and work in the state
while actively working to attain a full Alaska license. He
stated that economic research shows that licensing requirements
can decrease inter-state mobility by as much as 7 percent, but
states that have adopted UTL recognition laws experience a 50
percent increase in in-state migration among low-mobility
licenses. Mr. Wilterdink said 13 states have now adopted a
permanent form of UTL recognition, and another 5 have adopted a
limited form of UTL recognition. He urged members to pass HB
85.
1:27:42 PM
CHAIR WRIGHT, after ascertaining that no one else wished to
testify, closed public testimony on HB 85.
1:27:52 PM
MS. ROBB, in response to a question from Representative
Rauscher, said there are numerous safeguards in place that allow
the division to be comfortable in issuing temporary licenses.
First, the person must come from a jurisdiction where the
licensing requirements are substantially similar. She said that
a person can get a temporary license only if there has been no
disciplinary action taken regarding the license and the person
has not committed an act in the last 10 years that would prevent
them from attaining a license in Alaska. For the person to get
a permanent license, they would need to meet all regulatory and
statutory requirements.
1:30:56 PM
REPRESENTATIVE SADDLER noted that there are many active-duty
members within the district he represents, and that they are
some of the most hardworking, highly motivated, and best trained
individuals that come to Alaska. He stated that he is included
to support legislation that lets the state avail itself of the
talents that such individuals bring to the state, with the long-
term goal that they will enjoy working in the state enough to
choose to stay in Alaska when their military service is
complete.
1:31:29 PM
MS. ROBB, in response to Representative Gray, spoke about when
boards issue licenses, noting that in many cases where there are
no questions for an application, the authority to issue the
license is delegated to the department. In response to another
question relating to verification of out-of-state licenses, she
relayed that typically the verification documents are sent
directly from the other state rather than the applicant. Under
the proposed legislation, for any professions where Alaska
statute requires that the person undergo a criminal background
check, the department will conduct such a check before the
person receives temporary licensure. Further, she said the
fiscal note for HB 85 requests that the department be able to
hire a paralegal to assist in determinations around out-of-state
licenses being like Alaska licenses. She stressed that the
department's first mission is to protect the public. In
response to a follow-up question from Representative Gray, she
assured that the various licenses would be reviewed by subject
experts.
REPRESENTATIVE GRAY expressed concern that there may be a
loophole that would allow a person to lie about a license and
end up practicing in Alaska.
1:38:53 PM
MS. ROBB, in response to Representative Saddler, stated that
under the proposed legislation, the maximum sanction when a
person attains a license through fraud, deceit, or intentional
misrepresentation would be that their license would be revoked,
leaving the person unable to practice in their profession. The
sanction for practicing without a license is a class A
misdemeanor. In response to a follow-up question, she assured
that crimes show up in the originating state, as well as in
Alaska.
REPRESENTATIVE SADDLER pointed out that Sections 8-15 of HB 85,
Version S, deal with hairdressers, and he asked whether the
profession would grant temporary licenses.
MS. ROBB answered that the professions covered by the Board pf
Barbers and Hairdressers are eligible for the proposed temporary
licenses. She explained that a large portion of the language
within HB 85, Version S, would do away with existing temporary
licenses to move to UTL.
REPRESENTATIVE SADDLER noted that federal law does not allow
military courtesy licenses under the Veterans Auto and Education
Improvement Act, which directs that such a license is not a
license to practice law. He suggested that this would mean that
military compact licenses do not apply to law licenses, and
asked if the UTL program would apply to law licenses, and
further, if one could practice law with such a license.
MS. ROBB answered no and explained that the section that covers
attorneys is Title 08.08. She said that attorneys would be
excluded from the UTL program, as they are handled by the Alaska
Bar Association, not the division.
1:43:36 PM
MS. ROBB, in response to a question from Representative
Rauscher, stated that UTL is almost universal, and of the 43
professional areas the division licenses, HB 85, Version S,
would cover 40. The three that would be excluded are the
licenses that require Alaska specific knowledge, which would be
the Board of Marine Pilots, the Big Game Services Board, and the
Board of Architects, Engineers, and Land Surveyors.
1:47:06 PM
MS. ROBB, in response to a question from Representative Saddler,
said a client have the ability to check on the status of the
professional's license by visiting the division's web site.
1:47:56 PM
CHAIR WRIGHT commented that HB 85, Version S, would ease the
financial burden of military families.
1:48:31 PM
REPRESENTATIVE SHAW moved to report CSHB 85, Version 33-
GH1614\S, Bergerud, 3/28/23, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 85(MLV) was reported out of the House
Transportation Standing Committee.
1:49:03 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB85 ver S (MLV) 3.28.23.pdf |
HMLV 4/11/2023 1:00:00 PM |
HB 85 |
| CSHB85 Explanation of Changes ver B to S(MLV) 4.10.23.pdf |
HMLV 4/11/2023 1:00:00 PM |
HB 85 |
| CSHB85 Legal Memo ver S (MLV) 3.28.23.pdf |
HMLV 4/11/2023 1:00:00 PM |
HB 85 |