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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 84                                                                                                          
01 Relating to applying military education, training, and service credit to occupational licensing                         
02 and certain postsecondary education and employment training requirements; providing for a                               
03 temporary occupational license for qualified military service members; and providing for an                             
04 effective date.                                                                                                         
05                           _______________                                                                               
06    * Section 1. AS 08.01 is amended by adding a new section to read:                                                  
07            Sec. 08.01.064. Military education, training, and service credit; temporary                                
08       license. (a) Notwithstanding another provision of law, the department or applicable                             
09       board shall accept military education, training, and service for some or all of the                               
10       qualifications otherwise required of an applicant for a license or certificate issued                             
11       under this chapter if                                                                                             
12                 (1)  the department or applicable board determines that the military                                    
13       education, training, and service is substantially equivalent to some or all of the                                
14       qualifications otherwise required of an applicant for a license or certificate issued                             
01       under this chapter; and                                                                                           
02                 (2)  the applicant provides satisfactory evidence of successful                                         
03       completion of the education, training, or service as a member of the armed forces of                              
04       the United States, the United States Reserves, the National Guard of any state, the                               
05       Military Reserves of any state, or the Naval Militia of any state.                                                
06            (b)  If the department issues temporary licenses or certificates as authorized by                            
07       the department or applicable board under AS 08.01.050(a)(9), the department or                                    
08       applicable board shall issue a temporary license or certificate to a person who                                   
09                 (1)  applies to the department or applicable board in a manner                                          
10       prescribed by the department or board;                                                                            
11                 (2)  meets the requirements in AS 08.01.063(a)(3) - (6); and                                            
12                 (3)  while in the armed forces of the United States or any state, as                                    
13       described in (a) of this section,                                                                                 
14                      (A)  held a current license or certificate in another state, district,                             
15            or territory of the United States, practiced in the area of the license or                                   
16            certificate, and maintained the license or certificate in active status before and                           
17            at the time of application for a license or certificate under this subsection; or                            
18                      (B)  was awarded a degree, diploma, or certificate by a branch                                     
19            of the armed forces of the United States or any state, as described in (a) of this                           
20            section, that met standards for an equivalent license or a certificate of technical                          
21            training.                                                                                                    
22            (c)  The department or applicable board shall expedite the procedure for                                     
23       issuance of a license or certificate under (b) of this section for an applicant who is on                         
24       active duty.                                                                                                      
25            (d)  A license or certificate issued under (b) of this section is valid for 180 days                         
26       and may be extended at the discretion of the department or applicable board for one                               
27       additional 180-day period if the holder of the license or certificate applies for an                              
28       extension on a form approved by the department or applicable board.                                               
29            (e)  The department or applicable board may adopt regulations necessary to                                   
30       implement this section.                                                                                           
31    * Sec. 2. AS 14.40.210 is amended by adding a new subsection to read:                                              
01            (c)  The president of the University of Alaska shall implement a policy and                                  
02       procedure for the acceptance of academic credit toward a degree or technical program                              
03       offered by the university if an applicant provides satisfactory evidence of successful                            
04       completion of relevant military education, training, or service as a member of the                                
05       armed forces of the United States, the United States Reserves, the National Guard of                              
06       any state, the Military Reserves of any state, or the Naval Militia of any state.                                 
07    * Sec. 3. AS 14.48.060(b) is amended to read:                                                                      
08            (b)  A postsecondary educational institution must be maintained and operated,                                
09       or, in the case of a new institution, must demonstrate that it can be maintained and                          
10       operated, so that                                                                                             
11                 (1)  the quality and content of each course or program of instruction,                                  
12       training, or study are such as may reasonably and adequately achieve the stated                                   
13       objective for which the course or program is offered;                                                             
14                 (2)  the institution has or has access to adequate space, equipment,                                    
15       instructional materials, and personnel where applicable to achieve the stated objective                           
16       of the course or program of study and to provide education of good quality;                                       
17                 (3)  the education or experience qualifications of directors,                                           
18       administrators, supervisors, and instructors are such as may reasonably ensure that the                           
19       students will receive education consistent with the objectives of the course or program                           
20       of study;                                                                                                         
21                 (4)  the institution provides a catalog or brochure containing                                          
22       information describing the programs offered, program objectives, length of program,                               
23       schedule of tuition, fees, and all other charges and expenses necessary for completion                            
24       of the course of study, cancellation and refund policies, and other material facts                                
25       concerning the institution and the program or course of instruction that are reasonably                           
26       likely to affect the decision of the student to enroll, together with any other disclosures                       
27       specified by the commission by regulation; and that this information is provided to                               
28       prospective students before enrollment;                                                                           
29                 (5)  upon satisfactory completion of training, the student is given                                     
30       appropriate educational credentials by the institution, indicating that the course of                             
31       instruction or study has been satisfactorily completed by the student;                                            
01                 (6)  adequate records are maintained by the institution to show                                         
02       attendance, progress, or grades, and that satisfactory standards are enforced relating to                         
03       attendance, progress, and performance;                                                                            
04                 (7)  the institution is maintained and operated in compliance with all                                  
05       pertinent ordinances and laws relating to the safety and health of persons on [UPON]                          
06       the premises of the institution;                                                                                  
07                 (8)  the institution is financially sound and capable of fulfilling its                                 
08       commitments to students;                                                                                          
09                 (9)  neither the institution nor its agents engage in advertising, sales,                               
10       collection, credit, or other practices which are false, deceptive, misleading, or unfair;                         
11                 (10)  the chief executive officer, trustees, directors, owners,                                         
12       administrators, supervisors, staff, and instructors of the institution are of good                                
13       reputation and character and have not been convicted of a violation of AS 14.48.020                               
14       or 14.48.150 or AS 45.50.471 - 45.50.561 or a comparable law in another state or                                  
15       province;                                                                                                         
16                 (11)  the student housing owned, maintained, or approved by the                                         
17       institution is appropriate, safe, and adequate;                                                                   
18                 (12)  the institution has a fair and equitable cancellation and refund                                  
19       policy; [AND]                                                                                                     
20                 (13)  the charges set by the institution for tuition, fees, books, and                                  
21       supplies are fair and equitable; and                                                                          
22                 (14)  the institution accepts military education, training, or service                              
23       credit or hours toward a degree or technical program offered by the institution if                            
24                      (A)  the institution otherwise accepts transfer credits or                                     
25            hours; and                                                                                               
26                      (B)  the credit or hours transfer process meets the                                            
27            requirements of the accrediting body of the institution or the commission.                               
28    * Sec. 4. AS 23.15.820(a) is amended to read:                                                                      
29            (a)  The Alaska Workforce Investment Board shall                                                             
30                 (1)  administer the Alaska technical and vocational education program                                   
31       established in AS 23.15.820 - 23.15.850;                                                                          
01                 (2)  facilitate the development of a statewide policy for a coordinated                                 
02       and effective technical and vocational education training system in this state and, to                            
03       the extent authorized by federal and state law, plan and coordinate federal, state, and                           
04       local efforts in technical and vocational education programs;                                                     
05                 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                    
06       to carry out the purposes of AS 23.15.820 - 23.15.850, including regulations that set                             
07       standards for the percentage of a grant that may be used for administrative costs; the                            
08       regulations must clearly identify and distinguish between expenses that may be                                    
09       included in administrative costs and those that may not be included in administrative                             
10       costs; the percentage allowed for administrative costs may not exceed the lesser of five                          
11       percent or the amount permitted under the requirements of a federal program, if                                   
12       applicable;                                                                                                       
13                 (4)  administer the grant program under AS 23.15.840 and establish                                      
14       grant administration requirements including accounting procedures that apply to                                   
15       qualified entities and their grantees;                                                                        
16                 (5)  facilitate the development and implementation of a statewide                                   
17       policy and procedure that provides for the acceptance of credit or hours toward a                             
18       degree or technical program offered by a vocational or technical training center                              
19       in the state for an applicant who provides satisfactory evidence of successful                                
20       completion of relevant military education, training, or service as a member of the                            
21       armed forces of the United States, the United States Reserves, the National                                   
22       Guard of any state, the Military Reserves of any state, or the Naval Militia of any                           
23       state.                                                                                                        
24    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       MILITARY EDUCATION, TRAINING, AND SERVICE CREDIT: TRANSITION.                                                     
27 The Department of Commerce, Community, and Economic Development and applicable                                          
28 boards may immediately adopt regulations during regularly scheduled meetings that are                                   
29 necessary to implement AS 08.01.064, added by sec. 1 of this Act, except that the effective                             
30 date of the regulations may not be earlier than the effective date of secs. 1 - 4 of this Act.                          
31    * Sec. 6. Sections 1 - 4 of this Act take effect December 31, 2013.                                                
01    * Sec. 7. Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                    
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