Legislature(2019 - 2020)GRUENBERG 120
04/02/2019 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Department of Commerce, Community, & Economic Development | |
| Presentation: Department of Defense | |
| HB93 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 93 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
April 2, 2019
1:01 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Chair
Representative Chris Tuck, Vice Chair
Representative Chuck Kopp
Representative Geran Tarr
Representative Steve Thompson
Representative Sharon Jackson
Representative George Rauscher
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION: DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC
DEVELOPMENT
- HEARD
PRESENTATION: DEPARTMENT OF DEFENSE
- HEARD
HOUSE BILL NO. 93
"An Act relating to temporary courtesy licenses for certain
nonresident professionals; and relating to the Department of
Commerce, Community, and Economic Development."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 93
SHORT TITLE: MILITARY SPOUSE COURTESY LICENSE
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/13/19 (H) READ THE FIRST TIME - REFERRALS
03/13/19 (H) MLV, L&C
04/02/19 (H) MLV AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation
entitled, "Honoring Service by Delivering Service," dated April
2019, and answered questions.
TAMMIE PERREAULT, Regional Liaison
Defense-State Liaison Office
Office of the Assistant Secretary of Defense
Department of Defense
Joint Base Lewis-McChord, Washington
POSITION STATEMENT: Provided a PowerPoint presentation
entitled, "Defense-State Liaison Office," and answered
questions.
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 93.
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 93.
TAMMIE PERREAULT, Regional Liaison
Defense-State Liaison Office
Office of the Assistant Secretary of Defense
Department of Defense
Joint Base Lewis-McChord, Washington
POSITION STATEMENT: Testified in support of HB 93.
ACTION NARRATIVE
1:01:13 PM
CHAIR GABRIELLE LEDOUX called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:01 p.m.
Representatives Thompson, Jackson, Tuck, and LeDoux were present
at the call to order. Representatives Kopp, Rauscher, and Tarr
arrived as the meeting was in progress.
^PRESENTATION: DEPARTMENT OF COMMERCE, COMMUNITY, & ECONOMIC
DEVELOPMENT
PRESENTATION: DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC
DEVELOPMENT
1:02:31 PM
CHAIR LEDOUX announced that the first order of business would be
a presentation by the Department of Commerce, Community &
Economic Development.
1:02:46 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community &
Economic Development, provided a PowerPoint presentation
entitled, "Honoring Service by Delivering Service." Ms.
Chambers informed the committee that the division of
Corporations, Business and Professional Licensing (the division)
revamped their mission statement to read, "inspiring public
confidence through balanced regulation of competent professional
and business services." She stated that in addition to
professional licensing, which is the division's focus, they also
perform the state's business licensing functions and corporate
registrations. She added that they have a team of enforcement
for business licensing, nicotine endorsements on business
licenses, and all professional licensing statutes and
regulations (slides 2 and 3). Regarding professional licensing,
there are 43 different programs within the division; twenty-two
of the programs are regulated by the division without a board
and twenty-one are professions regulated by boards or
commissions (slides 4 and 5).
1:05:04 PM
CHAIR LEDOUX asked why some professions are regulated by the
division and others are regulated by a board or commission.
MS. CHAMBERS replied that the decision is made when statutes are
created through the legislative process. They consider whether
a board is necessary to ensure that the governance of the
statutes and regulations is adequate, or if the division's
administrative staff can handle it.
1:06:00 PM
MS. CHAMBERS turned attention to the benefits provided for
military personnel and spouses. She said that the division
currently provides a military licensing-specific web page that
details military licensing benefits. Almost all programs have
an option to license by endorsement or credential and temporary
professional licensure is also offered for military personnel
and spouses. Other benefits for military personnel and spouses
include expedited application process for spouses of active-duty
military, exemption from professional licensing requirements for
military personnel in "combat/danger pay/hazardous duty zones,"
and review of military experience as equivalent to licensing
prerequisite (slides 6 and 7).
REPRESENTATIVE THOMPSON sought clarification on the expedited
application process for spouses of active-duty military. He
asked if it's fare if someone who just moved to Alaska can be
put in front of longtime Alaska residents who have applied and
are about to be licensed.
MS. CHAMBERS said that is what the law requires by statute,
noting that that the legislature passed that legislation several
years ago. She explained that the rationale was that military
families are important to the state and because spouses of
military members already have paperwork and restrictions, this
was a small gesture that could be made to help them ease through
the process.
REPRESENTATIVE THOMPSON, referencing a "legal opinion,"
expressed concern about creating a separate standard for spouse
licensure. He read the following statement
Setting lower standards, education or experience for
licensure because they are married to a military
service member will probably meet significant
opposition from licensing boards. It could deceive
the public and may even be found to be in violation of
state and Federal legal protection laws.
REPRESENTATIVE THOMPSON added that he is a veteran and a big
backer of the military. Nonetheless, he stressed the importance
of fairness to all Alaskans.
MS. CHAMBERS reported that she is the author of the document
being referred to, which was from legislation that was proposed
last year. She offered her understanding that currently,
legislation that would set a lower standard for military spouses
or military members has not been introduced.
1:12:22 PM
REPRESENTATIVE KOPP questioned whether universal temporary
licensing is something that can be done through a cooperative
agreement through other states.
MS. CHAMBERS replied that the division is "moments" away from
proposing a bill via the governor that would allow the
department the ability to issue temporary licenses to people who
hold licenses in other states, which would allow them to meet
the state's requirements while continuing to work. She noted
that this wouldn't just be for military members or their
spouses, it would be for anyone that could demonstrate
competency. She further stated that the administration's
intention is that universal temporary licensing would be a more
streamlined method than compact licensing.
MS. CHAMBERS returned to maximizing use of military benefits.
She said that the division is working administratively to
overhaul their license applications as well as seeking military
and community partners to help inform applicants about processes
and timelines (slide 8). She offered advice for military
personnel and spouses who are applying for a license. She said
do not delay in applying, ask for information, be patient, and
include details (slide 9).
1:18:15 PM
REPRESENTATIVE TARR questioned whether every applicant pays the
same amount in licensure fees.
MS. CHAMBERS said the division is continuing to ensure
sustainability, adding that there is only one special military
reduced fee that was adopted regarding nursing; however, they
were informed that the military nurses could not take advantage
of special or reduced qualifications so those licenses were not
valid.
CHAIR LEDOUX inquired as to the length of time it takes to
receive a license. She asked Ms. Chambers to share the normal
wait time for several of the licenses they offer.
MS. CHAMBERS explained that many of the licenses that don't
require extensive education or documentation can be issued in
one week to 10 days, such as barber and hairdresser licenses or
construction contractor licenses. She noted that the healthcare
licenses cannot be produced quickly unless the applicant submits
everything at one time, which is usually the holdup. She
pointed out that board approval is another aspect that can delay
the process another two weeks; however, they are working on
giving boards electronic ability rather than having to
physically meet. She said that the delay is almost always due
to applicants waiting on their transcript, hospital
verifications, or proof they don't have discipline in another
state.
CHAIR LEDOUX asked if other states post disciplinary action for
various professional licenses online.
MS. CHAMBERS answered yes and added that many associations for
state boards have created databases that make that process a lot
easier for licensing boards and applicants. She noted that
those streamlining efforts are not always mandatory and if the
applicant doesn't choose to participate, the process can take
longer.
1:23:28 PM
CHAIR LEDOUX sought clarification on the applicant's choice to
participate. In reference to CourtView or "various disciplinary
actions of a board," she mentioned that normally an individual
doesn't get to decide whether his or her name is displayed or
not.
MS. CHAMBERS acknowledged that. She said there are databases
that are available to members of certain professions that are
like clearing houses. She explained that if a doctor is
credentialed in 100 hospitals, it is important to know if they
have been disciplined in any of them. The Federation of State
Medical Boards has created a national database so a physician
who is getting licensed in various states doesn't have to go
through that process every time, which is the type of database
they can opt in to. She noted that transmitting discipline is
not optional as not every state has discipline online.
1:26:44 PM
REPRESENTATIVE TUCK addressed the question of fairness regarding
veterans having preference over others. He mentioned a piece of
legislation that passed last year which allowed a veteran hiring
preference for public employment. He said that the U.S.
Department of Labor included an exception for states who wanted
to adopt that preference for the private sector as well, so that
they aren't in violation. Alaska opted in last year. He
addressed the Helmets to Hardhats program in the construction
industry, which give preference to veterans who are exiting
service and entering construction trades and hasn't been
challenged yet. One of the reasons they created the program was
for the skills and expertise that military members receive
through their basic training, like leadership and promptness,
that translate very well into new industries.
^PRESENTATION: DEPARTMENT OF DEFENSE
PRESENTATION: DEPARTMENT OF DEFENSE
1:29:17 PM
CHAIR LEDOUX announced that the next order of business would be
a presentation by the U.S. Department of Defense.
1:29:12 PM
TAMMIE PERREAULT, Regional Liaison, Defense-State Liaison
Office, Office of the Assistant Secretary of Defense, Department
of Defense, provided a PowerPoint presentation entitled,
"Defense-State Liaison Office." Ms. Perreault informed the
committee that since 2010, the Defense-State Liaison Office
(DSLO) has worked with state policymakers to enact over 600
bills that make life better for the military community (slide
1). Three of their ten key issues for 2019 revolve around
military spouse licensure: occupational licensing compacts,
military spouse teacher licensure, and licensure law and
implementation (slide 2). She said that occupational licensing
became intensely focused on when a letter was sent to the
National Governors Association from the Secretary of the Navy,
the Secretary of the Army, and the Secretary of the Air Force
saying that they would consider reciprocity of professional
licensure when they looked at future basing and mission
decisions (slide 3). They felt like this mattered because 68
percent of married service members report their spouse's ability
to maintain a career impacts their decision to remain in the
military. Furthermore, 77 percent of military spouses reported
wanting or needing work while 15.2 percent of them annually move
from state to state (slide 4). She explained that this is
particularly important to Alaska because military spouses make
up 2 percent of the state's population, which is higher than
every state other than Hawaii and Virginia (slide 5). She
addressed compacts, which are agreements between states to share
a law that ensures the same licensure process for certain
professions. Several key compacts are the Physical Therapy
License Compact, Enhanced Nurse Licensure Compact (eNLC),
REPLICA - Emergency Medical Services Compact, and the PSYPACT -
Psychological Interjurisdictional Compact (slide 10).
1:41:02 PM
REPRESENTATIVE RAUSCHER sought clarification on the percentage
of military spouses. He asked if that accounts for active duty
military spouses or if it is a combination of National Guard,
Coast Guard, etcetera.
MS. PERREAULT confirmed that they are active duty military
spouses.
REPRESENTATIVE RAUSCHER asked how Alaska stacks up compared to
the rest of the country "on services that we provided for the
military on a whole."
MS. PERREAULT said it's a challenging question because there is
always a great amount of ambiguity and the answer will vary
depending on who you ask; however, Alaska continues to be a
progressive state in seeking to meet the needs of the military.
REPRESENTATIVE RAUSCHER asked how many states honor the
reciprocity of professional licensure.
MS. PERREAULT said that, for example, the enhance nurse
licensure compact provides reciprocity for nurse licensure
between 31 states, while the psychology compact provides
reciprocity between nine states. She noted that compacts
provide the most clear-cut reciprocity.
REPRESENTATIVE RAUSCHER speculated that reciprocity is variable
depending on the type of license.
MS. PERREAULT affirmed that.
1:46:24 PM
REPRESENTATIVE TUCK read the following from a letter to the
National Governors Association [included in the committee
packet]:
Facilitating military spouses in continuing their work
in a new place of residence without delays or extra
expenses is also important. Spouses in professionally
licensed fields such as medical, legal, engineering,
education, accounting or the cosmetic arts face
challenges due to delays or costs of transferring
licenses to a new state or jurisdiction. Eliminating
or mitigating these barriers will help improve quality
of life for our military families and ease the stress
of transferring duty stations with consideration for
long-term career implications.
1:47:44 PM
HB 93-MILITARY SPOUSE COURTESY LICENSE
1:48:19 PM
CHAIR LEDOUX announced that the final order of business would be
HOUSE BILL NO. 93, "An Act relating to temporary courtesy
licenses for certain nonresident professionals; and relating to
the Department of Commerce, Community, and Economic
Development."
1:48:44 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor, paraphrased parts of the sponsor statement [included in
the committee packet], which read in its entirety as follows
[original punctuation provided]:
House Bill 93 calls for the Alaska Department of
Commerce, Community and Economic Development to
prepare an annual report to allow the Alaska
Legislature to evaluate the progress of a program to
make temporary courtesy occupational licenses
available to the spouses of active duty service
members stationed in Alaska. In 2011, the Alaska
Legislature passed House Bill 28 to provide expedited
temporary courtesy licenses if a military spouse
possesses a license from a previous jurisdiction with
similar requirements to the State of Alaska. However,
the bill didn't include reporting requirements.
Making temporary courtesy licenses available to the
spouses of active duty service members allows them to
practice their chosen trade without having to go
through the time-consuming process of meeting state
licensure requirements before beginning work.
Expediting courtesy licenses for military spouses
allows them to go to work quickly after relocating to
Alaska, while they work toward fulfilling any
remainder state requirements for their license.
The requirement in House Bill 93 for an annual report
will allow the Alaska Legislature, the Joint Armed
Services Committee, military installations, and local
communities to track the progress of the Department of
Commerce, Community and Economic Development in making
temporary courtesy licenses available to military
spouses. HB 93 also calls for the department to
produce and distribute informational materials about
temporary courtesy licenses to each board authorized
to issue such licenses. The intent of this stipulation
is to improve the board's knowledge of the licenses,
the application process, and the best practices in
providing applicant support. Additionally, the bill
calls for the department to encourage boards to
designate a single employee to serve as the point of
contact for public information and inquiries related
to temporary courtesy licenses for military spouses.
The annual report called for in HB 93 will also
highlight many of the opportunities available to help
military spouses enter the workforce in Alaska. To
date, a low number of eligible professionals have
taken advantage of the temporary courtesy license
program in Alaska, and many participants have reported
delays. House Bill 93 would help identify
inefficiencies in the program.
Legislation similar to House Bill 93 passed the Alaska
House of Representatives unanimously last year but was
not taken up by the Alaska State Senate.
Making temporary courtesy occupational and other
licenses available to military spouses is a priority
for the U.S. Department of Defense.
1:52:38 PM
CHAIR LEDOUX noted that a bill for temporary courtesy licensing
had already been passed several years ago. She asked if the
current bill is attempting to ensure that the program that was
enacted years ago is working the way it should be.
REPRESENTATIVE TUCK answered yes.
1:53:16 PM
REPRESENTATIVE THOMPSON sought clarification on the fiscal note.
REPRESENTATIVE TUCK stated that the fiscal note shows zero costs
through FY 25. He explained that "the total amount of revenue
collected approximately equals the occupations actual regulatory
costs", adding that those individuals seeking occupational
licenses are not exempt from paying the fees.
REPRESENTATIVE TUCK added that when a military family moves to
Alaska and the spouse can no longer continue her career because
her occupation requires a license, it is a loss of higher income
and revenue for that family. He emphasized the importance of HB
93 and explained why Alaska no longer has a reciprocity
agreement for electrician licenses with Washington.
CHAIR LEDOUX sought clarification on why the Department of
Commerce, Community & Economic Development (DCCED) would
evaluate themselves in an annual report on the progress of
making temporary courtesy occupational licenses available to the
spouses of active duty service members stationed in Alaska. She
asked why Legislative Budget and Audit Committee (LBA) wouldn't
compile an audit instead.
REPRESENTATIVE TUCK agreed that if DCCED didn't desire the same
outcome it would be a function of LBA. He noted that it takes
two years and 500-900 man-hours for a typical audit, while the
current bill institutes an annual report that requires less
resources and allows for a quicker response.
1:59:21 PM
REPRESENTATIVE TARR, referencing subsection (f) of the current
bill, asked for clarification on the purpose of the biennial
report, which is a consolidation of the two most recent annual
reports, that would be submitted to the legislature during the
first regular session of each legislature.
REPRESENTATIVE TUCK offered his understanding that the purpose
of the biennial report is to provide a compilation of the last
two years of information on temporary courtesy licenses for
brand new legislators.
2:01:13 PM
CHAIR LEDOUX opened public testimony.
2:01:35 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community &
Economic Development, reiterated that the DCCED prioritizes
military families and would be happy to provide a progress
report to the legislature. She offered her belief that that the
items in HB 93 that would be reported on wouldn't take much
effort and could be accommodated without adding a fiscal note.
She noted that the DCB&PL doesn't regulate teachers or attorneys
and that education, along with any occupation outside of the
division, isn't included in the report.
2:03:46 PM
TAMMIE PERREAULT, Regional Liaison, Defense-State Liaison
Office, Office of the Assistant Secretary of Defense, Department
of Defense, informed the committee that the U.S. Department of
Defense is grateful to the Alaska legislature for making great
strides to improve the transition of military members and
families. She stated that HB 93 will continue to provide an
evaluation of the progress which Alaska has made and allow a
firm commitment and identification of the next best steps. She
acknowledged that different licensing requirements can limit
advancement or deter reentry into the workforce in a new
location, and that sometimes spouses can suffer periods of
unemployment due to licensure requirements. She offered her
belief that HB 93 will help identify if there are any gaps in
the current system and will help moved Alaska forward in
identifying possible processes that could be improved on. She
concluded by expressing her support for the policy within the
current bill.
2:05:46 PM
CHAIR LEDOUX closed public testimony.
[HB 93 was held over.]
2:06:49 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at [2:06] p.m.