AL
Alabama Senate Bill SB141

Alabama 2022 Regular Session

Alabama Senate Bill SB141 Compare Versions

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11 1 SB141
2-2 216603-2
2+2 216603-1
33 3 By Senator Butler
44 4 RFD: Veterans and Military Affairs
55 5 First Read: 01-FEB-22
66
7-Page 0 SB141
8-1 SB141
9-2
10-3
11-4 ENROLLED, An Act,
12-5 Relating to military spouses; to amend Section
13-6 31-1-6, Code of Alabama 1975, to revise requirements for
14-7 occupational licensing boards to adopt rules that provide for
15-8 reciprocal occupational licenses for military spouses under
16-9 certain circumstances.
17-10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
18-11 Section 1. Section 31-1-6, Code of Alabama 1975, is
19-12 amended to read as follows:
20-13 "§31-1-6.
21-14 "(a) This section shall be known and may be cited as
22-15 the Military Family Jobs Opportunity Act.
23-16 "(b) Except as provided in subsection (h), and
24-17 notwithstanding other provisions of law, this section shall
25-18 apply to any board, agency, commission, or other entity
26-19 providing professional licenses or certificates, or both, for
27-20 the purpose of employment in the State of Alabama. On or
28-21 before January 1, 2019 2023, each board, commission, or agency
29-22 , or commission providing professional licenses or
30-23 certificates, or both, shall promulgate adopt rules in
31-24 conformity with this section for the purpose of implementing
32-Page 1 SB141
33-1 its requirements. The rules shall provide a method of
34-2 accomplishing both of the following:
35-3 "(1) The issuance of a license or certificate to an
36-4 eligible individual, within 30 days of application, if the
37-5 requirements for certification or licensure license of the
38-6 original issuing state or governing body are substantially
39-7 equivalent is similar to that required in the requested from
40-8 this state, as provided in subsection (d).
41-9 "(2) A procedure for authorizing an eligible
42-10 individual to perform professional services regulated by the
43-11 board, agency, or commission in this state pursuant to a
44-12 temporary permit, effective for at least 180 360 days, while
45-13 the eligible individual completes the specific requirements of
46-14 the board, agency, or commission deliberates the application
47-15 to obtain a license or certificate in this state, that were
48-16 not required in the original issuing state as provided in
49-17 subsection (d).
50-18 "(c) For the purposes of this section, an eligible
51-19 individual is any individual who satisfies all of the
52-20 following:
53-21 "(1) Is the spouse of any of the following:
54-22 "a. An an active duty, reserve, or transitioning
55-23 member of the United States Armed Forces, including the
56-24 National Guard, or a surviving spouse of a service member who,
57-25 at the time of his or her death, was serving on active duty,
58-Page 2 SB141
59-1 who is relocated to and stationed in the State of Alabama
60-2 under official military orders. For the purposes of this
61-3 section, a transitioning service member is a member of the
62-4 United States Armed Forces, including the National Guard, on
63-5 active duty status or on separation leave who is within 24
64-6 months of retirement.
65-7 "b. An individual currently employed by the United
66-8 States Department of Justice or any of its encompassed
67-9 offices, agencies, institutes, and bureaus, including, but not
68-10 limited to, the Federal Bureau of Investigation (FBI), the
69-11 U.S. Attorney's Office, the Bureau of Alcohol, Tobacco,
70-12 Firearms, and Explosives (ATF), the Drug Enforcement
71-13 Administration (DEA), and the United States Marshall Service
72-14 (USMS), who is relocated to Alabama by order of their
73-15 employer.
74-16 "c. An individual currently employed at the National
75-17 Aeronautics and Space Administration who is relocated to
76-18 Alabama by order of their employer.
77-19 "(2) Has not committed or participated in an act
78-20 that would constitute grounds for refusal, suspension, or
79-21 revocation of a professional license or certificate.
80-22 "(3) Has not been disciplined by an authorized
81-23 entity or under investigation, in any jurisdiction, in
82-24 relation to a professional license or certificate.
83-Page 3 SB141
84-1 "(d) Any eligible individual under subsection (c)
85-2 who possesses a valid license or certificate, in good
86-3 standing, in another state, district, or territory of the
87-4 United States, or in any branch of the United States Armed
88-5 Forces, including the National Guard, with licensing or
89-6 certification requirements greater than or substantially
90-7 similar to the licensing or certification requirements of
91-8 that is substantially similar to the license issued by the
92-9 appropriate board, commission, or agency , or commission in
93-10 the State of Alabama shall be approved to continue work in his
94-11 or her profession upon relocation to the State of Alabama for
95-12 such time as normally allotted with receipt of a license or
96-13 certificate from the appropriate board, commission, or agency
97-14 , or commission. Upon completion of an application that
98-15 documents compliance with the receiving agency's requirements
99-16 for a certificate or license, an authorized board, commission,
100-17 or agency , or commission shall expedite the application
101-18 according to statute, promulgated adopted rules, or if
102-19 applicable, at the next scheduled licensure proceeding for an
103-20 eligible individual under subsection (c).
104-21 "(e) Any board, commission, or agency , or
105-22 commission in the State of Alabama may establish reciprocity
106-23 with other states for military spouse professional licensing
107-24 and certification.
108-Page 4 SB141
109-1 "(f) Any board, agency, commission, or other entity
110-2 providing professional licenses or certificates, or both, for
111-3 the purpose of employment in this state, that is created after
112-4 April 6, 2018, shall adopt the rules required by this section
113-5 within one year after the date of its initial organizational
114-6 meeting.
115-7 "(g) Any board, agency, commission, or other entity
116-8 providing professional licenses or certificates, or both, for
117-9 the purpose of employment in the state, shall waive the
118-10 initial licensing fee for the eligible individual upon
119-11 application by the eligible individual in a manner prescribed
120-12 by the board, agency, commission, or other entity. The board,
121-13 agency, commission, or other entity shall process an
122-14 application for a fee waiver within 30 days after receiving
123-15 the application.
124-16 "(h) This section does not apply to the practice of
125-17 law or the regulation of attorneys, any license or
126-18 registration issued by the Securities Commission under the
127-19 Alabama Securities Act, any certification issued by the
128-20 Alabama Peace Officers' Standards and Training Commission, or
129-21 the practice of any profession regulated by the Alabama State
130-22 Board of Pharmacy, Board of Optometry, Board of Dental
131-23 Examiners, State Board of Chiropractic Examiners, Alabama
132-24 Liquefied Petroleum Gas Board, or State Board of Medical
133-25 Examiners."
134-Page 5 SB141
135-1 Section 2. This act shall become effective on the
136-2 first day of the third month following its passage and
137-3 approval by the Governor, or its otherwise becoming law.
138-Page 6 SB141
139-1
7+Page 0 1 216603-1:n:01/19/2022:MAP/cmg LSA2022-321
1408 2
1419 3
14210 4
143-President and Presiding Officer of the Senate
144-
14511 5
146-6 Speaker of the House of Representatives
147-SB1417
148-8 Senate 15-FEB-22
149-9 I hereby certify that the within Act originated in and passed
150-10 the Senate.
151-11
152-12 Patrick Harris,
153-13 Secretary.
154-14
155-15
156-16
157-17 House of Representatives
158-18 Amended and passed 24-FEB-22
12+6
13+7
14+8 SYNOPSIS: Under existing law, occupational licensing
15+9 boards are required to adopt rules to provide for
16+10 licensure or certification of spouses of military
17+11 personnel if the applicant possesses a license or
18+12 certificate from another state that is
19+13 substantially equivalent to Alabama's licensure
20+14 requirements.
21+15 This bill would revise the date by which
22+16 rules must be adopted and would extend the
23+17 timeframe for which a temporary permit to practice
24+18 is effective for a military spouse.
15925 19
160-20
161-21 Senate concurred in House amendment 24-FEB-22
162-22
26+20 A BILL
27+21 TO BE ENTITLED
28+22 AN ACT
16329 23
164-24 By: Senator Butler
165-Page 7
30+24 Relating to military spouses; to amend Section
31+25 31-1-6, Code of Alabama 1975, to revise requirements for
32+26 occupational licensing boards to adopt rules that provide for
33+Page 1 1 reciprocal occupational licenses for military spouses under
34+2 certain circumstances.
35+3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
36+4 Section 1. Section 31-1-6, Code of Alabama 1975, is
37+5 amended to read as follows:
38+6 "§31-1-6.
39+7 "(a) This section shall be known and may be cited as
40+8 the Military Family Jobs Opportunity Act.
41+9 "(b) Except as provided in subsection (h), and
42+10 notwithstanding other provisions of law, this section shall
43+11 apply to any board, agency, commission, or other entity
44+12 providing professional licenses or certificates, or both, for
45+13 the purpose of employment in the State of Alabama. On or
46+14 before January 1, 2019 2023, each board, commission, or agency
47+15 , or commission providing professional licenses or
48+16 certificates, or both, shall promulgate adopt rules in
49+17 conformity with this section for the purpose of implementing
50+18 its requirements. The rules shall provide a method of
51+19 accomplishing both of the following:
52+20 "(1) The issuance of a license or certificate to an
53+21 eligible individual, within 30 days of application, if the
54+22 requirements for certification or licensure license of the
55+23 original issuing state or governing body are substantially
56+24 equivalent is similar to that required in the requested from
57+25 this state, as provided in subsection (d).
58+26 "(2) A procedure for authorizing an eligible
59+27 individual to perform professional services regulated by the
60+Page 2 1 board, agency, or commission in this state pursuant to a
61+2 temporary permit, effective for at least 180 360 days, while
62+3 the eligible individual completes the specific requirements of
63+4 the board, agency, or commission deliberates the application
64+5 to obtain a license or certificate in this state, that were
65+6 not required in the original issuing state as provided in
66+7 subsection (d).
67+8 "(c) For the purposes of this section, an eligible
68+9 individual is any individual who satisfies all of the
69+10 following:
70+11 "(1) Is the spouse of any of the following:
71+12 "a. An an active duty, reserve, or transitioning
72+13 member of the United States Armed Forces, including the
73+14 National Guard, or a surviving spouse of a service member who,
74+15 at the time of his or her death, was serving on active duty,
75+16 who is relocated to and stationed in the State of Alabama
76+17 under official military orders. For the purposes of this
77+18 section, a transitioning service member is a member of the
78+19 United States Armed Forces, including the National Guard, on
79+20 active duty status or on separation leave who is within 24
80+21 months of retirement.
81+22 "b. An individual currently employed by the United
82+23 States Department of Justice or any of its encompassed
83+24 offices, agencies, institutes, and bureaus, including, but not
84+25 limited to, the Federal Bureau of Investigation (FBI), the
85+26 U.S. Attorney's Office, the Bureau of Alcohol, Tobacco,
86+27 Firearms, and Explosives (ATF), the Drug Enforcement
87+Page 3 1 Administration (DEA), and the United States Marshall Service
88+2 (USMS), who is relocated to Alabama by order of their
89+3 employer.
90+4 "c. An individual currently employed at the National
91+5 Aeronautics and Space Administration who is relocated to
92+6 Alabama by order of their employer.
93+7 "(2) Has not committed or participated in an act
94+8 that would constitute grounds for refusal, suspension, or
95+9 revocation of a professional license or certificate.
96+10 "(3) Has not been disciplined by an authorized
97+11 entity or under investigation, in any jurisdiction, in
98+12 relation to a professional license or certificate.
99+13 "(d) Any eligible individual under subsection (c)
100+14 who possesses a valid license or certificate, in good
101+15 standing, in another state, district, or territory of the
102+16 United States, or in any branch of the United States Armed
103+17 Forces, including the National Guard, with licensing or
104+18 certification requirements greater than or substantially
105+19 similar to the licensing or certification requirements of
106+20 that is substantially similar to the license issued by the
107+21 appropriate board, commission, or agency , or commission in
108+22 the State of Alabama shall be approved to continue work in his
109+23 or her profession upon relocation to the State of Alabama for
110+24 such time as normally allotted with receipt of a license or
111+25 certificate from the appropriate board, commission, or agency
112+26 , or commission. Upon completion of an application that
113+27 documents compliance with the receiving agency's requirements
114+Page 4 1 for a certificate or license, an authorized board, commission,
115+2 or agency , or commission shall expedite the application
116+3 according to statute, promulgated adopted rules, or if
117+4 applicable, at the next scheduled licensure proceeding for an
118+5 eligible individual under subsection (c).
119+6 "(e) Any board, commission, or agency , or
120+7 commission in the State of Alabama may establish reciprocity
121+8 with other states for military spouse professional licensing
122+9 and certification.
123+10 "(f) Any board, agency, commission, or other entity
124+11 providing professional licenses or certificates, or both, for
125+12 the purpose of employment in this state, that is created after
126+13 April 6, 2018, shall adopt the rules required by this section
127+14 within one year after the date of its initial organizational
128+15 meeting.
129+16 "(g) Any board, agency, commission, or other entity
130+17 providing professional licenses or certificates, or both, for
131+18 the purpose of employment in the state, shall waive the
132+19 initial licensing fee for the eligible individual upon
133+20 application by the eligible individual in a manner prescribed
134+21 by the board, agency, commission, or other entity. The board,
135+22 agency, commission, or other entity shall process an
136+23 application for a fee waiver within 30 days after receiving
137+24 the application.
138+25 "(h) This section does not apply to the practice of
139+26 law or the regulation of attorneys, any license or
140+27 registration issued by the Securities Commission under the
141+Page 5 1 Alabama Securities Act, any certification issued by the
142+2 Alabama Peace Officers' Standards and Training Commission, or
143+3 the practice of any profession regulated by the Alabama State
144+4 Board of Pharmacy, Board of Dental Examiners, State Board of
145+5 Chiropractic Examiners, Alabama Liquefied Petroleum Gas Board,
146+6 or State Board of Medical Examiners."
147+7 Section 2. This act shall become effective on the
148+8 first day of the third month following its passage and
149+9 approval by the Governor, or its otherwise becoming law.
150+Page 6