Legislature(2021 - 2022)BELTZ 105 (TSBldg)
03/31/2021 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB86 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 86 | TELECONFERENCED | |
SB 86-TEMPORARY PERMITS & LICENSES
2:08:34 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO. 86
"An Act relating to occupational licensing; relating to
temporary licenses, permits, and certificates; and providing for
an effective date."
She listed the individuals available to answer questions.
CHAIR COSTELLO solicited a motion to adopt Amendment 1.
2:09:26 PM
SENATOR HOLLAND moved Amendment 1, work order 32-LS0531\B.1.
32-LS0531\B.1
Fisher
3/31/21
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSSB 86(L&C), Draft Version "B"
Page 2, line 4, following "10":
Insert "business"
2:09:36 PM
SENATOR REVAK objected for discussion purposes.
CHAIR COSTELLO explained that the Division of Corporations,
Business, and Professional Licensing requested the amendment. On
page 2, line 4 it adds the word "business" after the number "10"
to clarify that the division would provide a military spouse
with a temporary license 10 business days after receipt of the
application.
2:10:20 PM
SENATOR REVAK removed his objection.
CHAIR COSTELLO found no further objection and Amendment 1 was
adopted.
2:10:32 PM
CHAIR COSTELLO opened public testimony on SB 86.
2:10:45 PM
DR. DAVID NIELSEN, Chair, Board of Dental Examiners, Anchorage,
Alaska, stated that the board had not discussed SB 86 so he was
not relaying the Board's official position. However, it is
similar to a temporary license bill that was part of an omnibus
bill last session that the board raised concerns about. The
first concern was that the term "other jurisdiction" in Section
1 was too general. At least for the field of dentistry, he said
it would need to specify jurisdictions within the US. This would
make it clear that licensees from other countries would not
qualify for a temporary license under that provision. The board
also felt it was important that the board had control over the
boxes the department had to check when it was issuing a
temporary permit.
He said he believes the bottleneck in issuing timely licenses
and permits relates directly to the fact that the licensing
examiner has an overwhelming workload. He noted that he was
working with the fifth licensing examiner since his appointment
to the board and that has not helped with expediency. Adding
this temporary license might add to the workload, he said.
DR. NIELSEN stated support for the concept of the temporary
license option as long as the board had control over the
qualifications for who receives the temporary license and the
power to revoke the license if something was uncovered that was
disqualifying.
2:14:32 PM
CHAIR COSTELLO said she shares the concern about the workload,
and it was her intention to add three positions and the
budgetary increase so the department would be able to fulfill
the requirements of the bill. The Finance Committee would look
at that addition in more detail.
CHAIR COSTELLO asked Ms. Chambers to talk about whether the
applicants would go through the different licensure boards and
whether the boards would control which applicants received a
license.
2:16:16 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Juneau, Alaska, speaking to the
issue of board control, said the bill places the streamlining
requirement and mandated timeline for issuing the license on the
department's shoulders. The division's intent would be to work
with each of the boards to ensure that the regulations address
appropriate side-rails and interpretations. For example, a
licensure requirement for Alaska engineers is to take an Arctic
engineering course. To prevent a significant delay in licensure,
the division could issue the temporary license with the side-
rail that the individual could not build structures in Fairbanks
and north until they had fulfilled that Arctic course
requirement. They would not qualify for a permanent license
until they met that requirement. She acknowledged that while
that was her intent, it was not mandated. It was a policy
decision the division was willing to work on with the committee,
she said.
CHAIR COSTELLO highlighted that the bill takes effect January 1,
2022 and asked if the division could work with the licensure
boards to draft the regulations so a board that wanted to
address a particular issue through regulation would have that
opportunity. She asked Ms. Chambers if she was willing to state
publicly that she would work with the boards.
MS. CHAMBERS confirmed that her intent was to work directly with
the boards to develop regulations that comply with the statute
while maintaining public safety. She said this is particularly
important in the areas where Alaska is a little different and
has requirements that other states do not have.
CHAIR COSTELLO asked if the regulations would address all the
boards or if some regulations would be unique to specific
boards.
2:19:46 PM
MS. CHAMBERS replied, the department will have the authority to
issue the license and they will develop the regulations, but the
intention is to work with the individual boards on those
regulations. She added, "Whether it's written to cover everybody
or written specifically, we're going to have to find a way to
put some reasonable limitations of practice that speak to those
unusual, carveout sort of circumstances like the Arctic
engineering example."
CHAIR COSTELLO referenced Dr. Nielsen's concern about
jurisdiction and asked if she reads to bill to mean that the
jurisdiction is within the US.
2:21:28 PM
MS. CHAMBERS replied she agrees with Dr. Nielsen that the
language in the bill could be interpreted to apply to any
jurisdiction. Nothing in the bill requires the license to be
substantially equivalent to an Alaska license and if the
department were to deny a temporary license because the
individual held a foreign license, the case could be appealed to
the Office of Administrative Hearings. If the intent is to limit
the jurisdiction to the US, an amendment would clarify that, she
said.
CHAIR COSTELLO asked her to restate the suggested language.
MS. CHAMBERS replied the department requested the term
"substantial equivalency" for the similar proposal in a
governor's bill last year. She noted that foreign standards can
vary widely from American standards and may not stipulate the
education was conducted in English. Absent the suggested term,
she said she agrees with Dr. Nielsen that the bill should
clarify it is talking about a jurisdiction within the US.
CHAIR COSTELLO highlighted that certain boards oversee
professions, such as dentistry or medicine, where the potential
risk to the public is much greater than others if the licensee
isn't adequately trained. She asked Ms. Chambers if she believes
that temporary licenses should be available for every profession
or if some should be exempted from this or similar legislation.
MS. CHAMBERS advised that many states have looked at that
question and found no substantial difference between dentistry,
medicine, or nursing across all US jurisdictions. She said most
of the backlog in licensure is in those fields but having a tool
like this bill offers would be helpful for all professions. She
clarified that she would not give the same endorsement for a
permanent license that could be renewed but a lot of safeguards
are built into the process to allow temporary, nonrenewable
licenses as a reasonable pathway for all licenses.
CHAIR COSTELLO asked Ms. Perreault if she had public testimony
to offer on SB 86.
2:26:58 PM
TAMMIE L. PERREAULT, Northwest Regional Liaison, Defense-State
Liaison Office, Office of the Deputy Assistant Secretary of
Defense, Joint Base Lewis McCord, Washington, stated that SB 86
is a great opportunity for military spouses and her office
appreciates the work that the department has done on the
legislation. She said 16 states have enacted this type of
legislation and people are realizing that for most professions
the requirements are very similar from one state to another. She
said that is why the Council of State Governments and the
National Council of State Legislatures have been working to
support this type of licensure reform. She reiterated support
for SB 86.
2:28:42 PM
CHAIR COSTELLO closed public testimony on SB 86.
2:28:50 PM
At ease
2:31:51 PM
CHAIR COSTELLO reconvened the meeting and explained that the
offline discussion was about conceptually amending the bill to
reflect that the jurisdiction where someone is licensed should
be substantially equivalent to Alaska licensure requirements.
2:32:39 PM
SENATOR HOLLAND moved conceptual Amendment 2 to add "substantial
equivalency" in Section 1, page 1, line 8, following the word
"jurisdiction" with the understanding that Legislative Legal
Services has authority to make technical changes.
CHAIR COSTELLO objected for questions or comments.
SENATOR REVAK said he appreciates the committee's effort on this
bill because licensure is a big issue for the military
community.
2:33:43 PM
CHAIR COSTELLO removed her objection; finding no further
objection, conceptual Amendment 2 was adopted.
CHAIR COSTELLO solicited the will of the committee.
2:34:15 PM
SENATOR HOLLAND moved to report the CS for SB 86, work order 32-
LS0531\B as amended, from committee with individual
recommendations and attached fiscal note(s).
CHAIR COSTELLO found no objection and CSSB 86(L&C), was reported
from the Senate Labor and Commerce Standing Committee.
CHAIR COSTELLO thanked Dr. Nielson for his testimony and
Director Chambers for stating her willingness to work with the
boards to draft regulations that accommodate the particular
boards. She noted that the bill would pick up a fiscal note to
reflect the new positions. She further mentioned that the bill
came out of the governor's disaster declaration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SLAC GOV Appointee Leon McKean Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE REA LEON MCKEAN |
| SLAC GOV Appointee Leon McKean Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE REA LEON MCKEAN |
| SLAC GOV Appointee Traci Heaton Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE REC TRACI HEATON |
| SLAC GOV Appointee Kayla Green Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE MFT KAYLA GREEN |
| SLAC GOV Appointee Kayla Green Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE MFT KAYLA GREEN |
| SLAC GOV Appointee Rachel Pugh Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE CDEM RACHEL PUGH |
| SLAC GOV Appointee Rachel Pugh Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE CDEM RACHEL PUGH |
| SLAC GOV Appointee John Lloyd Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE CE JOHN LLOYD |
| SLAC GOV Appointee John Lloyd Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE CE JOHN LLOYD |
| SLAC GOV Appointee Richard Holt Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE BP RICHARD HOLT |
| SLAC GOV Appointee Richard Holt Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE BP RICHARD HOLT |
| SLAC GOV Appointee Rachel Berngartt Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE VE RACHEL BERNGARTT |
| SLAC GOV Appointee Renee Alward Board Application Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE FFAAC RENEE ALWARD |
| SLAC GOV Appointee Renee Alward Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE FFAAC RENEE ALWARD |
| SLAC GOV Appointee Vincent Perez Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE OSHR VINCENT PEREZ |
| SLAC GOV Appointee Thomas Trosvig Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE OSHR THOMAS TROSVIG |
| SLAC GOV Appointee Jodi Pfeiffer Resume Redacted.pdf |
SL&C 3/31/2021 1:30:00 PM |
SLAC GOV APPOINTEE PTOT JODI PFEIFFER |
| SB 86 Support Letters Armed Services YMCA.pdf |
SL&C 3/31/2021 1:30:00 PM |
SB 86 |
| SB 86 Letter from AK Professional Design Council.pdf |
SL&C 3/31/2021 1:30:00 PM |
SB 86 |
| CSSB 86 Version B Amendment 1.pdf |
SL&C 3/31/2021 1:30:00 PM |
SB 86 |