Legislature(2011 - 2012)BARNES 124

02/07/2011 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 114 OPT-OUT CHARITABLE GIVING PROGRAM TELECONFERENCED
Heard & Held
*+ HB 28 TEMP LICENSES FOR PROFESSIONALS TELECONFERENCED
Moved CSHB 28(L&C) Out of Committee
             HB 28-TEMP LICENSES FOR PROFESSIONALS                                                                          
4:10:49 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
HOUSE  BILL NO.  28 "An  Act relating  to temporary  licenses for                                                               
certain nonresident professionals."                                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON moved to  adopt 27-LS0192\E, Kirsh, 2/2/11                                                               
as the  working document.   There being  no objection,  Version E                                                               
was before the committee.                                                                                                       
                                                                                                                                
4:11:22 PM                                                                                                                    
                                                                                                                                
KACI SCHROEDER,  Staff, Representative  Bill Thomas,  Jr., Alaska                                                               
State Legislature,  on behalf of Representative  Bill Thomas, Jr.                                                               
a joint-prime  sponsor of HB 28,  stated this bill is  focused on                                                               
bettering  the   lives  of  our  military   families,  which  are                                                               
dominated  by   frequent  deployment,  relocations,   and  single                                                               
parenthood.    Military  spouses  are some  of  the  most  mobile                                                               
populations  in the  U.S.,  with some  14.5  percent of  military                                                               
spouses  crossing  state  lines  each year  as  compared  to  1.1                                                               
percent for  their civilian counterparts.   When deciding whether                                                               
to  stay in  the military,  service members  will often  consider                                                               
their family's  well being,  with spousal  employment as  one big                                                               
factor  in the  decision-making process.   This  directly affects                                                               
the readiness  of our armed  forces, she said.   Military spouses                                                               
are less  likely to be  employed and  if so, typically  earn less                                                               
than  civilian counterparts  due  to  their transient  lifestyle.                                                               
These  military  families,  like  others,  often  depend  on  two                                                               
incomes in a  family. This bill would help  address the transient                                                               
nature of military spouses by  allowing the military and military                                                               
spouses to obtain temporary licenses when they move to Alaska.                                                                  
                                                                                                                                
4:12:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES referred  to page 2, line 15, of  HB 28, to                                                               
proposed  subsection (c),  which  states a  temporary license  is                                                               
valid for  180 days and could  be extended for an  additional 180                                                               
days.  She  asked whether the extension is intended  to allow one                                                               
extension or for multiple extensions.                                                                                           
                                                                                                                                
MS. SCHROEDER  answered that the  intention is for  one temporary                                                               
license extension.                                                                                                              
                                                                                                                                
REPRESENTATIVE HOLMES  offered her  belief the language  may need                                                               
to be clarified.                                                                                                                
                                                                                                                                
4:13:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  applauded the goal.   He asked  whether HB
28 could be  expanded to spouses of those  classified as civilian                                                               
personnel working for the U.S. Department of Defense (DOD).                                                                     
                                                                                                                                
MS. SCHROEDER answered that civilian  personnel are not currently                                                               
included in the bill.                                                                                                           
                                                                                                                                
4:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER referred to  the fee exemption contained in                                                               
proposed subsection  (d) noting  the fee exemption  for temporary                                                               
licenses.  He  inquired as to the amount the  state would lose in                                                               
license fees.                                                                                                                   
                                                                                                                                
MS. SCHROEDER responded  that she was unsure,  but the Department                                                               
of Commerce,  Community and  Economic Development  (DCCED) should                                                               
be able to answer that question.                                                                                                
                                                                                                                                
MS.  SCHROEDER, in  response to  Representative Saddler,  related                                                               
that subsection  (d) would  refer to the  service member  and not                                                               
the military spouse.                                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER  referred to the language  in the original                                                               
bill on page 2, to paragraphs  (2), (3), and (4), which basically                                                               
highlight that  a person receiving  a temporary license  would be                                                               
considered a  person in  good standing if  not under  sanction in                                                               
another  jurisdiction.    He  asked  for  the  reason  that  this                                                               
language is  not included  in Version  E, the  proposed committee                                                               
substitute.                                                                                                                     
                                                                                                                                
MS. SCHROEDER offered  her belief that while the  language in the                                                               
original bill is cleaner, that  the license action would still be                                                               
at the discretion of the  specific board and language is probably                                                               
contained  in the  regulation  or statute  that  pertains to  the                                                               
specific board.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER,  related  in his  experience  as  deputy                                                               
director of  the Boards &  Commissions, some  professional groups                                                               
would  like  to have  seen  its  temporary professional  courtesy                                                               
licenses extended.  He thought  that the language in the original                                                               
bill, just  mentioned, would  provide protection  against someone                                                               
who had  disciplinary action taken  in another state  from coming                                                               
to Alaska to practice.                                                                                                          
                                                                                                                                
4:16:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER referred to page  2, line 13, to subsection                                                               
(b),  relating that  this subsection  requires the  department to                                                               
expedite  the procedure  for temporary  licenses.   He asked  for                                                               
clarification on the meaning of "expedite."                                                                                     
                                                                                                                                
MS. SCHROEDER  answered no,  since the  Division of  Business and                                                               
Professional Licensing  regulates 30  to 40 professions  and each                                                               
profession  has different  requirements, including  a requirement                                                               
for a background  check, which could take longer.   She indicated                                                               
the sponsor's  intent was to  have the department act  quickly as                                                               
possible.                                                                                                                       
                                                                                                                                
4:18:08 PM                                                                                                                    
                                                                                                                                
MARK  SAN  SOUCI,  Regional   Liaison  Northwest,  Defense  State                                                               
Liaison  Office,  Office of  the  Deputy  Assistant Secretary  of                                                               
Defense, Deputy  Under Secretary  of Defense  (Military Community                                                               
and Family Policy),  U.S. Department of Defense,  stated that Ms.                                                               
Schroeder  captured the  essence of  the bill.   He  offered some                                                               
data obtained  from the Defense  Manpower Data  Center, including                                                               
statistics:   59  percent  of military  members  are married,  72                                                               
percent  of  the  noncommissioned  officers  and  73  percent  of                                                               
officers  are  married,  which represents  the  backbone  of  the                                                               
professional  armed services,  he  said.   He  explained that  70                                                               
percent of military  spouses want to be  able to go to  work.  In                                                               
FY 10  in Alaska, 1,012  military people separated from  duty and                                                               
274  military personnel  retired.   These personnel  either moved                                                               
back  or claimed  Alaska  as their  resident  state.   Currently,                                                               
Alaska  has  13,229  active  duty   military  spouses  and  2,700                                                               
military  reserve spouses.   Additionally,  about  53 percent  of                                                               
military spouses  are employed, which totals  approximately 7,000                                                               
military spouses  in Alaska who  work, although he was  unsure of                                                               
the   percentage  of   those  spouses   that  hold   professional                                                               
licensees.   He  suggested that  HB  28 could  help the  licensed                                                               
person coming to Alaska by assisting  them to get to work faster,                                                               
and allow them up to six  months to fulfill any requirements that                                                               
Alaska may deem necessary to  comply with professional licensure,                                                               
including any fees.                                                                                                             
                                                                                                                                
MR. SAN  SOUCI remarked that  Florida, which  is one of  the best                                                               
practices states,  recently adopted  changes so  if a  family has                                                               
orders  to  Florida  from  Elmendorf  AFB, and  a  spouse  has  a                                                               
professional  license, the  spouse can  go on-line,  find his/her                                                               
occupation, pay his/her fee, and  be issued a license that allows                                                               
the spouse to  work for six months in Florida.   During these six                                                               
months,   the  spouse   can  work   to  meet   Florida's  license                                                               
requirement,  he  reiterated.   He  said  he appreciated  members                                                               
considering HB 28 and hopes that  Alaska will join Florida as one                                                               
of the "best practices" states by helping military families.                                                                    
                                                                                                                                
4:21:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER offered  his support for HB 28.   He asked                                                               
which professions would be most affected by this bill.                                                                          
                                                                                                                                
MR. SAN  SOUCI answered that he  was unsure.  He  related that he                                                               
had skipped  over the data  rather quickly.   He then  listed the                                                               
"highest  in   demand"  professions  as  reported   by  the  U.S.                                                               
Department of Labor, including  nursing, preschool teachers, real                                                               
estate,  and cosmetology.    He also  listed  the fasted  growing                                                               
occupations   as  veterinarian   technicians,  physical   therapy                                                               
assistants,   preschool   teachers,    dental   hygienists,   and                                                               
occupational therapy assistants.  He  surmised that it could take                                                               
up  to a  few months  for a  family to  move and  satisfy another                                                               
state's requirements.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER commented  that some  of the  professions                                                               
noted are  high skilled, reasonably  paid professions.   He asked                                                               
whether this  bill would  provide any  help in  the event  that a                                                               
person  served in  the position  for six  months that  he/she may                                                               
gain extra points towards licensure in Alaska.                                                                                  
                                                                                                                                
MR. SAN  SOUCI offered  his belief  that the intent  of HB  28 is                                                               
more to  help get the  person to work  more quickly and  to allow                                                               
the person  time fulfill the requirements  for Alaska's licensure                                                               
than to provide other advantages.                                                                                               
                                                                                                                                
4:23:58 PM                                                                                                                    
                                                                                                                                
SARA  CHAMBERS, Program  Coordinator,  Division of  Corporations,                                                               
Business,  and Professional  Licensing,  Department of  Commerce,                                                               
Community,  &   Economic  Development  (DCCED),  stated   she  is                                                               
available to answer any questions.                                                                                              
                                                                                                                                
REPRESENTATIVE HOLMES  related her  understanding that  the DCCED                                                               
currently has the ability to expedite temporary licenses.                                                                       
                                                                                                                                
MS.   CHAMBERS  acknowledged   that  the   DCCED  currently   has                                                             
provisions  for   courtesy  licenses,   and  some   statutes  for                                                               
temporary licenses.   The element missing that HB  28 proposes to                                                               
remedy  is  a  special  consideration for  military  spouses  and                                                               
military personnel.                                                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES  related her understanding this  bill would                                                               
not create any hardships but  would make the DCCED's process more                                                               
standardized for one particular class for professional licenses.                                                                
                                                                                                                                
MS.  CHAMBERS stated  the DCCED  has a  variety of  standards for                                                               
temporary licenses.   She explained  that courtesy  licenses tend                                                               
to be for people  who wish to enter Alaska on  a short term basis                                                               
such as for a doctor traveling  with a college sports team or for                                                               
a  fellowship in  Alaska.   The courtesy  license would  apply to                                                               
someone who may not be  pursuing a permanent professional license                                                               
whereas  a temporary  license would  be someone  who is  pursuing                                                               
ongoing permanent  license.  She  related her  understanding that                                                               
the impact this bill would have  for military spouses would be to                                                               
expedite  the  application.   She  explained  that  the  military                                                               
spouse would  still meet  the same  requirements since  this bill                                                               
would  not amend  or repeal  AS  08.01.062 and  would retain  the                                                               
department's high  standards for  licensees.   Those requirements                                                               
may include a background check  for someone in the medical field,                                                               
she  said.   She assured  members that  the DCCED  would work  to                                                               
figure out the best way  to expedite the temporary licenses above                                                               
the efficient  service the DCCED  already strives to  provide for                                                               
applicants and licensees.                                                                                                       
                                                                                                                                
4:26:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred to page  2, lines 25-27, of HB 28,                                                               
which  excludes  two professions,  which  are  marine pilots  and                                                               
attorneys.    He  asked  whether   other  professions  should  be                                                               
exempted, and if the background  checks for doctors would be done                                                               
by regulation while two professions are excluded by statute.                                                                    
                                                                                                                                
MS. CHAMBERS  advised that  the DCCED has  not really  vetted the                                                               
bill  to that  extent or  held  discussions with  the sponsor  on                                                               
these specific provisions.   She surmised that  marine pilots and                                                               
attorneys may need  to have familiarity with the  state, which is                                                               
why  those professions  are not  subject  to temporary  licenses.                                                               
She related that AS 08.01.062  language specifically requires the                                                               
department  to maintain  that "high  bar."   She stated  that her                                                               
initial assessment is that no  other professions would need to be                                                               
excluded.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON offered  his  belief that  when a  statute                                                               
lists two  professions that  it implies that  these are  the only                                                               
two exempt from  the provisions.  He wanted to  draw attention to                                                               
sponsor and the DCCED, since  a fixed list has legal implications                                                               
for those professions not listed.                                                                                               
                                                                                                                                
4:29:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON then referred to  page 2, lines 18-19 of HB
28, to  the language "...on active  duty who is a  licensee under                                                               
this title  in good standing..."   He asked for  clarification on                                                               
whether this refers to someone  in Alaska licensed in Alaska, not                                                               
a person from another state.                                                                                                    
                                                                                                                                
MS. CHAMBERS  related her understanding that  the provision would                                                               
apply  to someone  who  is a  current  Alaska licensee,  licensed                                                               
under   this  title,   which  would   expand   to  a   permanent,                                                               
professional license,  not just a courtesy  or temporary license.                                                               
She stated a  current licensee would be granted  an exemption and                                                               
an  extension  as needed  to  serve  on  active  duty and  for  a                                                               
transition period after  that provided the person  did not pursue                                                               
a for  profit practice in  the private  sector.  She  referred to                                                               
line 23,  and further explained  that once a  for-profit practice                                                               
in the  private sector  was pursued, the  person would  waive the                                                               
exemption and would need to  maintain current licensure under the                                                               
permanent license provisions.                                                                                                   
                                                                                                                                
4:30:39 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 28.                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHNSON   made  a  motion  to   adopt  Conceptual                                                               
Amendment 1,  on page 2,  line 16, after "for",  delete "another"                                                               
and  then add  "one  additional." He  explained  that this  would                                                               
clarify  any   perceived  ambiguity  about  the   additional  180                                                               
extension.                                                                                                                      
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
4:32:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   made  a  motion  to   adopt  Conceptual                                                               
Amendment 2.   On page 2,  lines 1-11, paragraphs (2),  (3), (4),                                                               
of the original bill should be  inserted in Version E, perhaps on                                                               
page 2, line 11 after ";and" and then renumber the paragraphs.                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES  and Chair  Olson objected for  the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
MS.  SCHROEDER  stated that  the  sponsor  has no  objections  to                                                               
Conceptual Amendment 2.                                                                                                         
                                                                                                                                
4:33:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  referred to  page 2, lines  2-4 of  HB 28,                                                               
paragraph (2),  which read, "for at  least two of the  five years                                                               
preceding the date of the  application," stating he was uncertain                                                               
about the language and any  ramifications it may have on military                                                               
spouses.   He related a scenario  in which a spouse  may practice                                                               
his/her profession for a year  and then his/her spouse serving in                                                               
the armed forces is transferred to  Alaska.  In that instance the                                                               
military  spouse   would  not   have  at   least  two   years  of                                                               
professional service.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER  recalled this  issue  came  up during  a                                                               
Board of Nursing  matter, as to whether  a candidate's experience                                                               
was  recent enough  and  in  the proper  area  of  practice.   He                                                               
further recalled  that some deference  was given to  an applicant                                                               
who  had practiced  two  of  the five  preceding  years that  the                                                               
candidate's   practice  would   be   considered   current.     He                                                               
acknowledged  some benefit  was  derived but  was  unsure of  the                                                               
number of people  who would be excluded.  He  reiterated that the                                                               
benefit  is candidates  would have  practiced his/her  profession                                                               
recently.                                                                                                                       
                                                                                                                                
MS. SCHROEDER,  in response to  Representative Seaton,  said that                                                               
she may have  spoken too soon, that inserting  paragraph (2) into                                                               
Version E  may be  problematic since an  instance could  arise in                                                               
which  a spouse  is  overseas, while  his/her  spouse is  serving                                                               
overseas for  a lengthy period of  time and the spouse  would not                                                               
have engaged in the professional practice during that time.                                                                     
                                                                                                                                
4:35:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   made  a  conceptual  motion   to  amend                                                               
Conceptual  Amendment 2,  to delete  paragraph (2).   This  would                                                               
allow further  discussion with the  sponsor in order  to consider                                                               
how to better amend the language, he stated.                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER clarified  that he made a  motion to amend                                                               
to Conceptual  Amendment 2, to  delete the language  contained in                                                               
paragraph (2).                                                                                                                  
                                                                                                                                
CHAIR OLSON objected  for purpose of discussion  and then removed                                                               
his objection.   There being no further  objection, the amendment                                                               
to Conceptual Amendment 2 was adopted.                                                                                          
                                                                                                                                
CHAIR OLSON removed his objection to Conceptual Amendment 2.                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  also removed  her objection  to Conceptual                                                               
Amendment  2.    There  being no  further  objection,  Conceptual                                                               
Amendment 2, as amended, was adopted.                                                                                           
                                                                                                                                
4:37:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  moved  to  report  HB  28,  labeled  27-                                                               
LS0192\E,  Kirsh,  2/2/11,  as amended,  out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  28(L&C) was  reported from  the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                
4:38:19 PM                                                                                                                    

Document Name Date/Time Subjects
HB114 Fiscal Note-LAW-CIV-02-04-11.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Sponsor statement.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Sectional Analysis.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Supporting Documents - GVEA Explanation.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Supporting Documents - Letter CEC 2-4-2011.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Supporting Documents - Letter HEA 2-4-2011.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 version A.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB114 Draft Proposed Amendment ver A.2.pdf HL&C 2/7/2011 3:15:00 PM
HB 114
HB28 Draft Proposed CS ver E.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB28 Sponsor Statement.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB28 Supporting Documents - Professions Covered by HB 28.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB28 Supporting Documents - Article Military Spouses.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB28 ver M.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB28 Fiscal Note-CCED-CBPL-02-03-11.pdf HL&C 2/7/2011 3:15:00 PM
HB 28
HB114 Fiscal Note-CCED-DED-2-4-11.pdf HL&C 2/7/2011 3:15:00 PM
HB 114