02/04/2020 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
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| Start | |
| SB157 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 157 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 4, 2020
1:31 p.m.
MEMBERS PRESENT
Senator Click Bishop, Chair
Senator Gary Stevens, Vice Chair
Senator Mia Costello
Senator Joshua Revak
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 157
"An Act relating to professional licensing; relating to
temporary licenses for some professions; relating to
audiologists and speech-language pathologists; relating to the
regulation of hair braiding; relating to the demonstration of
traditional Alaska Native tattoo techniques; relating to home
inspector licensing; relating to collection agency licensing;
relating to hearing aid dealer licensing; repealing requirements
for certification of professional geologists; repealing the
requirements for registration of concert promoters; repealing
the athletic commission; relating to boxing, sparring and
wrestling contests, matches, and exhibitions; relating to dental
radiological equipment; repealing certain oil and gas business
bonding and cash deposit requirements; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 157
SHORT TITLE: LICENSING: TEMP., ELIG., BONDS, REPEALS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/22/20 (S) READ THE FIRST TIME - REFERRALS
01/22/20 (S) L&C, HSS, RES, FIN
02/04/20 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JULIE ANDERSON, Commissioner
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Provided opening comments on SB 157.
JOHN SPRINGSTEEN, Deputy Commissioner
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Commented on and delivered the sectional
analysis for SB 157.
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Delivered a PowerPoint to introduce SB 157.
ACTION NARRATIVE
1:31:07 PM
CHAIR CLICK BISHOP called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Costello, Revak, Stevens, Gray-Jackson, and
Chair Bishop.
SB 157-LICENSING: TEMP., ELIG., BONDS, REPEALS
1:32:02 PM
CHAIR BISHOP announced the consideration of SENATE BILL NO. 157,
"An Act relating to professional licensing; relating to
temporary licenses for some professions; relating to
audiologists and speech-language pathologists; relating to the
regulation of hair braiding; relating to the demonstration of
traditional Alaska Native tattoo techniques; relating to home
inspector licensing; relating to collection agency licensing;
relating to hearing aid dealer licensing; repealing requirements
for certification of professional geologists; repealing the
requirements for registration of concert promoters; repealing
the athletic commission; relating to boxing, sparring and
wrestling contests, matches, and exhibitions; relating to dental
radiological equipment; repealing certain oil and gas business
bonding and cash deposit requirements; and providing for an
effective date."
He advised that the commissioner will make opening remarks after
which the deputy commissioner will present a sectional analysis.
1:33:19 PM
JULIE ANDERSON, Commissioner, Department of Commerce, Community
and Economic Development (DCCED), Anchorage, Alaska, stated that
when enacted, SB 157 will eliminate certain outdated licensing
requirements, align with federal requirements, and lessen
regulatory delays and redundancies in the current licensing
system.
1:34:38 PM
JOHN SPRINGSTEEN, Deputy Commissioner, Department of Commerce,
Community and Economic Development (DCCED), Anchorage, Alaska,
stated that SB 157 will address inconsistencies in the issuance
of temporary professional licenses to better protect the public.
This provision will allow health care facilities to fill much
needed positions more quickly, support military families
transitioning into the Alaska workforce, and ensure regulated
services are available without undue delay to Alaskans
throughout the state. SB 157 also clarifies when a previous
brush with the law would disqualify a person from licensure,
setting fair and transparent boundaries for licensing boards and
applicants reentering the workforce after rehabilitation. This
will keep citizens safe but still allow streamlined, efficient
and robust professional licensing. He concluded that SB 157
seeks efficiency, alignment, consistency, and supports Alaska's
military families.
CHAIR BISHOP asked the record to reflect his request for a list
of the 100 professions affected by SB 157.
1:36:35 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Juneau, Alaska, delivered a
PowerPoint to introduce SB 157.
She stated that SB 157 is an omnibus bill to move toward right-
sizing government without placing the public at risk. It updates
some statutes that have been in place for 20 to 30 years but are
impossible to enforce. The purpose of this effort is:
• Improve and expand regulatory solutions to modern licensing
issue[s].
MS. CHAMBERS turned to a list of agencies and five states on
slide 3 to illustrate that this effort is not being done in a
vacuum. The occupational licensing review was begun by the White
House in 2015. It started a national conversation to consider
laws for those seeking licensure to ensure that government is
headed in the right direction and to consider the barriers and
restrictions placed on professional individuals. These fields
range from medical doctors and nurses to barbers and
hairdressers. She listed the entities that are calling on states
to pay attention, including the National Conference on State
Legislatures (NCSL) and the Council of State Governments (CSG).
This has come to a head in Alaska because the military says it
will consider state licensure reciprocity when it makes
decisions on military bases or military base expansions. Alaska
does not have reciprocity across its professions in its
licensing laws. This bill is balanced so it will not jeopardize
Alaska's future as a military power and strategic Arctic defense
location.
1:39:54 PM
MS. CHAMBERS reviewed the key features of the legislation on
slide 4.
Improves workforce opportunities by establishing
Universal Temporary Licensure for qualified
individuals seeking licensure in one of more than 100
professions
Allows temporary license-holders to work in their field
while completing ancillary requirements for full licensure
and four more bullets
Reduces paperwork burdens on military spouses
? Allows healthcare facilities to more quickly hire
much-needed staff
? Mandates the department to issue temporary licenses
to qualified individuals. Currently, the law gives
this option to professional licensing boards, and many
have not adopted regulations to do so.
? Permits the department to renew the license for an
additional 180 days
She said SB 157 will allow the department to step in when boards
and professions have not done so since the legislature passed
military licensing provisions in 2011 and 2014. The law
currently gives the boards and professions an option to issue
temporary licenses and many have not done so. Some boards have
antiquated loopholes that do not allow them to offer a temporary
license, even for practitioners not affiliated with the
military.
MS. CHAMBERS reiterated this would streamline the process to
allow professionals the opportunity for licensure in Alaska when
they are qualified to do so, provided they do not have
disciplinary actions that would preclude licensure. These
individuals may be waiting for ancillary pieces that are
important in the long term but may not be critical to their core
competency. Sometimes the delay occurs when another state
requires fewer hours than Alaska for licensure. This bill would
provide flexibility in regulation to determine what is "close
enough." Another example is the board that oversees engineering
in Alaska has a specific requirement that applicants take an
Arctic engineering course. Not everyone coming to Alaska is
going to be practicing engineering in Arctic conditions, she
said. Under the bill, these engineers could be granted temporary
licenses but complete the requirement within 180 days.
1:43:22 PM
MS. CHAMBERS continued with key features on slide 5.
Improves fairness and transparency of licensure by
adding a "reasonable basis review" of applicants with
criminal convictions
• Requires a review to evaluate time since conviction,
relevance to profession, rehabilitation, nature and
seriousness of the crime.
• Allows an applicant to request a determination prior to
application.
• Requires the department and licensing boards to define
nebulous phrases like "good moral character" in
regulations.
She said Alaska has a robust reentry for those rehabilitated.
These individuals should not be punished several times for their
actions. This bill would allow boards to evaluate time,
relevance, and seriousness of crimes for applicants who have
convictions. The applicants will know in advance the obstacles
they face and if it is possible to obtain licensure.
1:45:15 PM
MS. CHAMBERS reviewed slide 6.
Repeals unnecessary licensing programs:
• Athletic Commission and regulation of boxing and wrestling
• Has not been operational since 2002 due to statutory
lack of funding.
• Regulation of geologists
• There is no state requirement to hold a geologist
license.
• The current requirement for state licensure does not
increase public safety.
• No enforcement requirements.
• Regulation of concert promoters
• Available current market technology makes this
requirement unnecessary.
• No violations in recent history.
1:47:42 PM
MS. CHAMBERS reviewed more key features of this legislation on
slide 7.
Updates various outdated, unnecessary, or misaligned
administrative requirements for the following
programs:
• Dental radiological equipment
• Collection agencies
• Home inspectors
• Speech-language pathologists
• Hearing aid dealers
• Board of Veterinary Examiners
• Business licensing
She reviewed some cleanup provisions, such as moving the dental
radiological equipment function to the Department of Health &
Social Services, Division of Public Health. Collection agency
provisions will be aligned with federal law. The Board of
Veterinary Examiners would like more flexibility in determining
foreign license requirements that would allow Canadians and
others to work in Alaska.
She reviewed business licensing fees. In 2017, a bill passed
that required an oil and gas surety bond on business licenses.
The Division of Insurance looked for a provider but couldn't
find one. The department requests this requirement be repealed
and address this program in another bill. The division is not
requiring surety bonds on business licenses since it is
impossible.
1:51:39 PM
CHAIR BISHOP asked if the Department of Revenue (DOR) could do
this.
MS. CHAMBERS said it had been discussed with DOR several years
ago and currently DCCED would like to collaborate and resolve
the matter.
1:52:01 PM
SENATOR STEVENS said it is difficult to go through the bill
without having a list of affected licensees and professions. He
asked if the Department of Education and Early Development
(DEED) licensing is included in this bill.
MS. CHAMBERS answered that the division does not license
teachers or attorneys but DCCED oversees 100 license types. She
reiterated that she would provide a list of professions to the
committee.
1:52:44 PM
SENATOR GRAY-JACKSON asked if more than three professions will
be eliminated.
MS. CHAMBERS answered no, just three.
SENATOR GRAY-JACKSON asked if the public has had any other areas
of concern with the bill.
MS. CHAMBERS answered that there will be no reduction in public
safety. This is a tool to reduce barriers to get people to work.
The department is not proposing anything that is radical. She
said she has not heard any concerns.
1:54:31 PM
SENATOR COSTELLO asked about the removal of the National
Association of Home Inspectors examination. She asked the
difference between the American Society of Home Inspectors test
and the national examination.
MS. CHAMBERS replied the test that the division proposes no
longer exists. She said the division is working with the
association on wording that perhaps could be better. She said
she will also meet with the Alaska State Home Building
Association (ASHBA) on the language.
SENATOR COSTELLO said it looks like the department is doing more
in regulation than it has in the past in terms of competency
requirements. She asked for the reason for this.
MS. CHAMBERS said the department would like to move those
requirements into regulation and out of statute to obtain more
flexibility.
CHAIR BISHOP asked Ms. Chambers to review the sectional analysis
for the bill.
1:56:29 PM
MS. CHAMBERS read the sectional analysis for SB 157.
DETAILED SECTIONAL ANALYSIS
Section 1: Amends centralized statutes under AS
08.01.020 relating to board participation requirements
to remove the sentence, "A board may provide by
regulation that three or more unexcused absences from
meetings are cause for removal."
She said only one of the boards was taking advantage of
that so it will be addressed in another section.
MS. CHAMBERS continued:
Section 2: Replaces the existing temporary/courtesy
licensing language in AS 08.01.062 with a statute to
authorize temporary licensing, that would apply to
most professions listed in AS 08.01.010. Applicants
would apply and pay fees directly to the department
for a temporary license of up to 180 days, with the
option to apply for one 180-day extension, which could
be longer if demonstrated to be necessary to complete
training requirements. In order to receive a temporary
license, an applicant would be required to show that
they are either licensed to practice the profession
elsewhere; meet the relevant qualifications and
requirements and live in a location which does not
license the profession; are training in or studying
the profession; are awaiting test results and
otherwise qualified for a professional license; or
hold relevant military training, education, or
experience to qualify for licensure. Applicants would
also be required to show that they are not subject to
disciplinary action and have not committed an act
within the previous ten years that would have
constituted grounds for denial or revocation of a
license. This section does not apply to Big Game
Commercial Services licensees or Marine Pilots.
Section 3: Retains expedited temporary licensing
procedures for applicants on active duty and spouses
of an active duty member of the armed forces.
Section 4: Eliminates the equitable fee provision for
the Board of Barbers and Hairdressers in AS 08.01.065.
This will allow more appropriate fees to be set for
lower-tier professions like hair-braiding and non-
chemical barbering.
1:59:00 PM
CHAIR BISHOP referenced Section 2. He related his understanding
that applicants could apply for a temporary license of up to 180
days, with the option to apply for an additional 180-day
extension.
MS. CHAMBERS replied there would be an option for an additional
180 days for temporary license applicants.
CHAIR BISHOP said it makes him uncomfortable to change statutes
to regulations. He recalled some omnibus bills passed the
legislature, but the regulations were not implemented. He asked
how many regulation packages the division estimates it would
need to implement.
2:00:20 PM
SENATOR STEVENS asked why just spouses of active duty members
are included, not other family members.
MS. CHAMBERS said that issue has not been raised by the military
community, but the division will entertain the suggestion.
2:00:57 PM
MS. CHAMBERS continued to Section 5.
Section 5: Allows the division to collect fees to
cover the expense of dental radiological inspections
performed by DHSS. Fees will be transferred to DHSS
through an RSA as an efficiency measure.
Section 6: Sets standards for boards and the
department to ensure a reasonable basis review of
criminal convictions on applications for licensure.
Standards include defining of types of criminal
convictions in regulations, relevance of the crime to
the profession, time since conviction, seriousness of
the crime, and rehabilitation. This section allows a
person to inquire prior to application whether a
conviction would be disqualifying. This section also
requires the board or department to communicate the
applicant's rights, reasons for denial, and standards
for reapplication for licensure.
Section 7: Amends centralized statutes under AS
08.01.080 to allow the department to set in regulation
the requirements for board member attendance and
participation.
She explained that boards have the opportunity for
establishing attendance requirements by regulation. She
said she thought only one board had done so. However, the
boards often cannot achieve a quorum resulting in licensure
delays. Although board members are volunteers, the members
sometimes do not understand the time commitment. The
department would like to establish the standard through
regulation in conjunction with board input.
2:03:34 PM
Sections 8-13: Amend the chapter regulating
audiologists, speech-language pathologists, and
speech-language pathologist assistants to provide the
department with specific regulatory authority. Section
13 adds a new paragraph to the same chapter to define
"field work".
She said this language is outdated and the division needs more
flexibility to keep up with the industry.
2:04:07 PM
CHAIR BISHOP asked whether this is the result of feedback from
industry experts.
MS. CHAMBERS answered no. She said it was the result of having
to deny licenses to people who were working in other states
because Alaska's laws are outdated.
CHAIR BISHOP asked if that means the applicants are
overqualified.
MS. CHAMBERS answered that usually it is that Alaska's
regulations require certain standards that are not norms in
other states. She said these professionals may wish to be
licensed in Alaska but cannot do so without going through
additional hoops that aren't necessary to public safety.
She continued the sectional analysis.
Section 14: Removes hair braiding from the list of
professions the Board of Barbers and Hairdressers must
adopt regulations for, under AS 08.13.120.
MS. CHAMBERS said hair braiding does not pose a safety and
sanitation risk so it does not make sense for businesses to jump
through hoops when providing this service.
2:06:06 PM
MS. CHAMBERS continued the sectional analysis.
Sections 15: Amends AS 08.13.120, shop license, to
conform to Section 2 of this act.
Section 16: Amends AS 08.13.150, disciplinary
sanctions and grounds for refusal of license or
permit, to conform to Section 2 of this act.
Sections 17-19: Conform to Section 2 of this Act, and
Section 17 exempts the demonstration of Alaska
[Native] tattoo techniques at special events from
licensure.
She said this is another example of something unique to Alaska
that needs to be honored and not subject to licensure.
2:07:22 PM
MS. CHAMBERS continued.
Section 20: Requires a civil penalty under AS 08.13 to
be paid "no later than" 30 days after entry of an
order, rather than "within" 30 days.
Section 21: Amends AS 08.18.022, home inspectors;
associate home inspectors, to remove a reference to a
defunct national association.
Page 3 of 5
CHAIR BISHOP related his understanding that this speaks to
Senator Costello's concern.
MS. CHAMBERS agreed. She said Section 22 also addresses it.
Section 22: Moves home inspector continuing competency
requirements into regulation. Section 21 Speaks to
SENATOR COSTELLO question
Section 23: Amends AS 08.20.180, fees for chiropractic
examiners, to insert a reference to the new temporary
licensing provision and remove references to sections
which would be repealed by this Act.
Section 24: Amends applicant requirements under AS
08.24.110, qualification for a collection agency
operator's license. Currently, an applicant to operate
a collection agency may not have been convicted of
certain crimes. This section would limit this
requirement to within 10 years of applying. Currently,
an applicant may not have filed bankruptcy; this
section would eliminate this requirement.
Section 25: Amends AS 08.24.240, failure to file a
statement, by removing a requirement to mail notice
and by extending the time to respond from 15 to 30
days after the date of notice.
Section 26: Amends AS 08.24.290, suspension,
revocation, or refusal to renew or grant a license or
certificate, to allow the department to take certain
actions regarding a license if an applicant or
licensee has at any time been disbarred from the
practice of law, convicted of certain crimes, or
violated provisions of the chapter or regulations
adopted under the authority of the chapter at any
time; rather than "since the date of the application"
as it currently stands.
Section 27: Amends AS 08.24.340, statement of persons
employed by agency, to require collection agencies to
submit to the department annual lists of employees
instead of with each new hire.
MS. CHAMBERS commented this would save paper for the applicant
and for staff.
Section 28: Moves oversight of dental radiological
equipment from the Board of Dental Examiners to the
Department of Health and Social Services.
Section 29: Amends AS 08.36.100, dental licensing, to
conform to Section 2 of this Act.
2:10:38 PM
Section 30: Amends AS 08.42.085(c) (mortician trainee
licensing), to conform to Section 2 of this Act.
Sections 31-33: Amends AS 08.55.010, 08.55.020, and
08.55.110 to remove a reference to a section being
repealed by this Act and to remove the requirement
that hearing aid dealers are required to have a
current business license.
MS. CHAMBERS said Sections 31-33 provide streamlining for staff.
Section 34: Amends AS 08.64.279, interview for permits
(physician licensing), to conform to Section 2 of this
Act.
Sections 35-36: Amend AS 08.84.010(b) and AS 08.84.150
(under physical therapy and occupational therapy
licensing), to conform to Section 2 of this Act.
Sections 37-39: Amend 08.98.120(a), 08.98.180, and
08.98.188(e) (under veterinary licensing) to conform
to Section 2 of this Act and allow the board to set
standards for a foreign graduate certification
process.
Section 40: Amends AS 09.65.290, civil liability for
sports or recreational activities. This amendment
would clarify that a person who participates in a
sport or recreational activity, including boxing,
mixed martial arts, sparring or wrestling, assumes the
inherent risk of that activity.
She said Section 40 relates to repeal of the Athletic
Commission.
2:12:30 PM
CHAIR BISHOP asked if there are promoted fights in the state.
MS. CHAMBERS answered yes; there is no commission for oversight
but matches are held.
2:13:13 PM
Section 41: Amends AS 31.05.009(a), qualifications of
members (under the Alaska Oil & Gas Conservation
Commission), to remove reference to AS 08.02.011,
certification of professional geologists, being
repealed by this Act.
She said the commission's representatives agreed with this
change because it did not change the qualifications of the
membership.
CHAIR BISHOP commented that someone has documentation on the
qualifications of professional geologists.
MS. CHAMBERS said she would hope that boards and commissions are
checking prior to making those appointments. She continued.
Section 42: Moves oversight of dental radiological
equipment from the Board of Dental Examiners to the
Department of Health and Social Services.
Section 43: Amends Department of Environmental
Conservation statute AS 44.46.020(a) to remove hair
braiding safety and sanitation requirements.
Section 44: Moves oversight of dental radiological
equipment from the Board of Dental Examiners to the
Department of Health and Social Services.
2:14:33 PM
MS. CHAMBERS continued to read the repealed references in HB
157. She said Section 45 is the repealer section. Most are
temporary licenses. All take effect January 1, 2025.
Section 45: Repeals various provisions within Title 5,
Title 8, Title 25, Title 43, and Title 44. The repeals
would take effect January 1, 2021:
? AS 08.05.010-05.05.040 & AS 08.10.010-08.10.170:
Chapters relating to the Athletic Commission and
regulation of boxing and wrestling.
? AS 08.01.010(4), (13), & (21): References to the
Athletic Commission, regulation of Concert Promoters,
and regulation of geologists.
? AS 08.01.063: Military Courtesy Licenses (no longer
needed due to revised language on AS 08.01.062).
? AS 08.01.064(b) & (d): References to temporary
licenses under "Military education, training, and
service credit; temporary license."
? AS 08.02.011: Relating to professional geologist
certification.
? AS 08.11.020 & AS 08.11.025: References to temporary
licensure for audiologists and speech-language
pathologists.
? AS 08.13.160(a) & (b): References to licenses issued
under AS 08.12 and AS 08.28 (both repealed in 1980).
Current language states the licensee may continue
practicing until the license expires.
? AS 08.13.170: Reference to temporary permits under
the Board of Barbers and Hairdressers.
? AS 08.13.220(14): Definition of "shampoo person".
? AS 08.15.030: Reference to temporary permits under
regulation of Behavior Analysts.
? AS 08.20.160: Reference to temporary permits under
the Board of Chiropractic Examiners.
? AS 08.20.160: Reference to temporary permit for
locum tenens practice.
? AS 08.24.370: Reference to collection agency
licensure for nonresidents, stating nonresidents can
obtain an agency or operator license on the same basis
as a resident, but will pay double the fee.
? AS 08.26.050: Reference to temporary licensure under
regulation of professional guardian and conservators.
She said the temporary licensure provisions are no longer needed
due to the provisions in Section 2.
2:18:34 PM
CHAIR BISHOP questioned removing AS 08.24.370.
MS. CHAMBERS explained that the fees are being made the same as
collection agency licenses.
2:18:58 PM
MS. CHAMBERS continued to read the repealed references in HB
157.
AS 08.36.254: Reference to temporary permit under
the Board of Dental Examiners.
? AS 08.42.085(c): Reference to a temporary permit
under the regulation of Morticians.
? AS 08.45.035(a) & (b): Reference to temporary
licensure under the regulation of Naturopathy.
She advised that the temporary permits are no longer needed
due to the changes in section 2. She continued to read the
repealed references in HB 157.
? AS 08.55.010(a)(4): Requirement for a hearing aid
dealer to hold a business license.
MS. CHAMBERS commented that every other profession requires the
person to obtain the professional license first.
CHAIR BISHOP asked if the 180-day timeline would apply to
audiologists.
2:20:22 PM
MS. CHAMBERS explained that hearing aid dealers must get a
license as a precursor to professional licensing. The division
would like to switch that and issue the professional license
first, then the business license. She said it was purely an
administrative switching of the order of things to make it
easier to track who is practicing in the state. She
characterized it as a software issue.
2:21:16 PM
MS. CHAMBERS continued the sectional analysis.
? AS 08.55.010(a)(6)(D): Requirement to disclose
reorganization, debt adjustment, or bankruptcy, (for a
hearing aid dealer application).
? AS 08.55.130(13): Disciplinary sanctions for
indebtedness.
She said these provisions are in line with federal law.
AS 08.63.030: Reference to temporary permit under the
Board of Marital and Family Therapy.
? AS 08.64.101(b)(2), AS 08.64.270 & AS 08.64.275:
References to temporary permits under the State
Medical Board.
? AS 08.68.210: References to temporary permits under
the Board of Nursing.
? AS 08.70.130: References to provisional licenses
under the regulation of Nursing Home Administrators.
She said these provisions related to temporary permits and
licenses are not necessary, due to the changes in Section 2.
2:22:40 PM
MS. CHAMBERS continued to read the repealed references in HB
157.
? AS 08.80.150 & AS 08.80.155: References to temporary
licenses and emergency permits under the Board of
Pharmacy.
? AS 08.84.065 & AS 08.84.075: Reference to temporary
permits and limited permits under the Board of
Physical Therapy and Occupational Therapy.
? AS 08.86.135, 166: Reference to temporary licenses
under the Board of Psychologist and Psychological
Associate Examiners.
She said these provisions related to temporary permits and
licenses are not necessary, due to the changes in Section 2.
? AS 08.92.010-8.92.090: Chapter relating to Concert
Promoters.
? AS 08.95.050(8): Reference to temporary licenses
under the Board of Social Work Examiners.
? AS 08.98.050(8): Requirement to collect data
concerning the practice of veterinary technology.
? AS 08.98.186: Reference to temporary permits under
the Board of Veterinary Examiners.
She said these provisions related to temporary permits and
licenses are not necessary, due to the changes in Section 2.
2:24:21 PM
MS. CHAMBERS continued the sectional analysis on HB 157.
AS 08.98.188(a), (b) & (d): Reference to student
permits under the Board of Veterinary Examiners
? AS 08.98.1790(6) & (7): References to fees for
temporary licenses and temporary permits under the
Board of Veterinary Examiners.
? AS 25.27.244(s)(2)(A)(i): Reference to a license for
boxing or wrestling under AS 05.10.
? AS 43.710.025: Bond or cash deposit requirement for
an oil and gas business.
? AS 43.710.028: Claims against an oil or gas
business.
? AS 44.29.027: Dental Radiologist Equipment.
She said the provisions related to temporary permits and
licenses are not necessary, due to the changes in Section 2.
2:25:36 PM
MS. CHAMBERS continued with the sectional analysis of SB 157.
Sections 46-47: Provides transition provisions
regarding regulations; ongoing proceedings; existing
certificates or permits, liabilities, and property.
Section 28: Makes the transition provisions effective
immediately.
Section 29: Makes the remaining sections effective
January 1, 2021.
2:26:14 PM
SENATOR STEVENS asked if Section 24 pertains to collection
agencies. He expressed concern that someone determined that if
the operator was convicted of certain crimes, the person could
no longer have a license. This would change it to pertain to
crimes within the past ten years.
MS. CHAMBERS answered that the department would like the ability
to use discretion in making the determination. People can
demonstrate the ability to overcome their transgressions. The
division chose ten years because it seemed long enough for
someone to prove good behavior and be eligible for licensure.
The division would retain the ability to revoke the license if
it was wrong.
SENATOR STEVENS offered his belief that some crimes are so
heinous that someone could never become a collection agency
operator.
MS. CHAMBERS answered that the bill would limit someone who
committed a felony, larceny, embezzlement, or crime involving
moral turpitude, typically a serious crimes against a person
within 10 years. If the person committed those crimes more than
10 years ago, the division would have less ability to deny
licensure.
SENATOR STEVENS asked for further clarification.
MS. CHAMBERS read, "to qualify for an operator's license the
applicant shall not have been convicted of a felony or a crime
of larceny or embezzlement or a crime involving moral turpitude
within ten years before applying."
SENATOR STEVENS related his understanding that someone could be
convicted of embezzlement if it was longer than ten years ago.
He commented that seemed pretty bad for a collections operator.
He asked if the division would be unable to deny the person a
license if the crime occurred more than ten years ago.
MS. CHAMBERS answered yes. She said that would not be a
disqualifying event.
SENATOR STEVENS commented that seemed pretty bad to him.
CHAIR BISHOP offered his belief that there should be language to
clarify that the commissioner has the last say.
MS. CHAMBERS answered that the commissioner has the last say
over every license unless a board is overseeing the profession.
The department regulates the decisions and the commissioner
delegates the authority to her as division director. A
commissioner in the future could rescind that and make the
decisions personally.
CHAIR BISHOP commented that the language on page 12, lines 29-
30, would cover that.
MS. CHAMBERS agreed.
2:31:23 PM
SENATOR COSTELLO asked if the bill has a victim notification
provision to notify victims of crimes that someone who may have
been incarcerated is being issued a license.
MS. CHAMBERS said none of the licenses have that provision now
and it is not contemplated in this bill.
2:31:56 PM
SENATOR COSTELLO referred to the temporary license process and
asked if it would be run through the boards or her office.
MS. CHAMBERS answered that this bill would allow the process to
run through the department and not the board. She said it could
take too long, perhaps months, to run it through the board. The
department wants to be able to approve licenses within days. The
department plans to work with boards to ensure that these
professional boards are comfortable with the regulatory
language. The department is not planning to water down licensure
but make it more efficient and faster. The agency wants to be
able to provide a temporary license process if the boards have
not done so.
2:32:57 PM
SENATOR COSTELLO asked how many boards and commissions the
division oversees.
MS. CHAMBERS answered that the division oversees 21 boards and
the department manages the other 22 non-board professional
licensing programs.
SENATOR COSTELLO said Alaskans with expertise are appointed to
boards and commissions. These boards would not have any say over
temporary licensure process. She questioned why the
professionals would not have more of a role but suggested that
could be answered at another time. She asked her to walk through
the regulation process and timeframe.
MS. CHAMBERS explained that regulations for almost all
departments are subject to a public process. The boards would be
included in the determination of regulation standards. The
department will draft regulations for temporary licensure and
put them out for public comment for 30 days, including board
comment. If the comments are valid, the department will
incorporate them into the regulation. If substantial changes are
made, there will be an additional 30-day public comment.
Technical changes or comments that the department rejects for
good reason do not require additional time. The regulations are
sent to the Lieutenant Governor's office for filing, she said.
The department can usually accomplish department regulations in
3-5 months. If the board must meet to review draft language or
adopt the regulation, it can take longer than that.
SENATOR COSTELLO recalled an earlier comment on home inspector
regulations that if the department promulgated the regulations
that would provide more flexibility and may be quicker. However,
if the regulation review, the promulgation process, and the
legislative process is weighed, it seems that passing a bill
might be faster and provide a better public process since all
the hearings are televised and public comment is taken. Although
the regulatory process includes public comment, she feared that
the process would be too internal to the department. She offered
her belief that the most public process is the legislative
process.
2:37:20 PM
SENATOR STEVENS offered his understanding that an applicant can
obtain a temporary license for six months, but for a permanent
license the applicant must go through the board for approval.
MS. CHAMBERS agreed. She said this would be the first step in
providing the information to the repository. Once the temporary
license process was finished, the applicant would complete the
small remaining requirements necessary for their professional
license and that would go to the board for approval. It is not
two applications.
2:38:36 PM
CHAIR BISHOP asked how long it took to put this bill together
and how many people worked on it.
MS. CHAMBERS said the department began working on this over a
year ago, piecing together clean up language. She said the heavy
lift has been for the temporary licenses. She has worked with
the Fairbanks North Star Borough mayor's office on this. An
outline was sent to the Department of Law and two attorneys put
this together for the legislature to consider. She said it is
important to military families and spousal licensure.
CHAIR BISHOP recalled that Senator Stevens pointed out family
members should also be considered.
MS. CHAMBERS answered yes.
2:41:10 PM
SENATOR COSTELLO recalled last year when a bill went through to
help military spouses gain their professional licenses in
Alaska, there was substantial interest to expedite the process.
She offered her belief that this is a different approach to
solve the same problem. She asked if this could be solved by
allowing the board to meet more often or address obstacles that
might slow down the boards. She expressed concern over removing
the boards' authority to use the expertise that board members
bring.
MS. CHAMBERS answered that the department has tried the
administrative approach. She pointed out one problem is that the
statutory language says that the board "may" issue temporary
licenses, but it does not mandate it with the language "shall."
Further, it states, "only where temporary licenses are
existing." Many of the programs do not have temporary licenses,
she said. She agreed that there are difference approaches to
address this problem and it would be fantastic to streamline the
process for military spouses or anyone applying for licensure in
Alaska to enable the professionals to get to work quickly.
Currently, an administrative process cannot ensure that every
board has a temporary license.
2:43:26 PM
SENATOR COSTELLO said it seems that the agency would know the
professions that have the highest need; for example, the health
care professions. She asked whether the legislature should pass
language that says the boards "shall" provide licensure for the
top ten professions. She said that she is hearing that slowing
this down impedes the state when the military makes decisions
about bases. She commented that of course the state and
legislature support military families and bases.
She said this issue is significant. She offered to work with the
agency and Chair Bishop to figure out the right approach that
would allow military spouses to obtain professional licensure
and get to work quickly in Alaska. However, she was not sure
that this was the right approach since it would take the
licensure decisions away from the boards and place it with the
agency. Further, doing this faster does not seem like it is in
the best interest of anyone. However, she did understand the
issue and is on board with helping alleviate issues for military
families.
2:45:24 PM
MS. CHAMBERS answered that the department wants to solve the
problem and looks forward to finding a path forward.
2:45:48 PM
SENATOR REVAK asked if the department had communicated with the
military to determine if there were specific disciplines and
professions that had problems with licensing.
MS. CHAMBERS answered that the division has a strong and regular
relationship with the U.S. Department of Defense (DoD) and other
military stakeholders. There are some specific professions that
have been identified nationally. The department felt that giving
everyone this opportunity would be better for Alaska than to
cherry pick the professions.
SENATOR REVAK asked if the boxing commission is active.
MS. CHAMBERS replied no. She said that no one has been appointed
to the commission since 2002 since it cannot function under the
existing statutes.
2:48:11 PM
SENATOR STEVENS opined that the commissioner should have
opportunity to override licensure for applicants who have a
criminal history. He expressed concern that someone could be
convicted for embezzlement and still obtain a license. He asked
for further clarification if the commissioner could overrule
licensure decisions if a heinous crime had been committed.
MS. CHAMBERS answered no. She said the statute that allows for
the commissioner to override a decision is related to collection
agencies and is not in the centralized statutes. That
flexibility may be something to discuss in the future. She said
some boards have the discretion to do so.
SENATOR STEVENS commented that it seems the commissioner should
have that authority.
2:49:52 PM
CHAIR BISHOP said the committee raised good questions and
articulated their concerns. He noted that he had additional
questions that he would submit. He said it would be good to hear
from the military and professional engineers and geologists. He
said that's the reason he wanted the record to reflect the
amount of time DCCED and the Department of Law put into the
bill. He questioned such a large omnibus bill.
CHAIR BISHOP held SB 157 in committee for further consideration.
2:52:12 PM
There being no further business to come before the committee,
Chair Bishop adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB157 Bill Overview.pdf |
SL&C 2/4/2020 1:30:00 PM |
SB 157 |
| SB157 Presentation 1-28-2020.pdf |
SL&C 2/4/2020 1:30:00 PM |
SB 157 |
| SB157 Sectional Analysis 2-6-2020.pdf |
SL&C 2/4/2020 1:30:00 PM |
SB 157 |