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Second Special Session of the 121st

H.P. 1459 - L.D. 1959

Resolve, Authorizing Professional and Occupational Licensing Authorities in State Government To Defer or Waive Continuing Education Requirements for Military Personnel

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, many citizens of Maine have been called to active duty in military service to the United States and will be returning to civilian life during the next 18 months; and

     Whereas, it is necessary to ensure continuation of professional and occupational licensure for individuals in active military service; and

     Whereas, current Maine law does not adequately provide for deferment or waiver of continuing education requirements to maintain active licensure; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Professional and occupational licensing authorities authorized to defer or waive all or any portion of any continuing education requirement with respect to Maine citizens returning from active military duty. Resolved: That state authorities authorized to license and regulate any profession or occupation may waive or defer all or any portion of any continuing education requirement in current law as a condition of license renewal for a person who is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty in support of an operational mission during a period of war declared by the Congress of the United States or a period of national emergency declared by the President of the United States or the Congress of the United States for a period of more than 30 days and who was licensed or registered to engage in a profession or occupation prior to being called to active duty; and be it further

     Sec. 2. Reporting date established. Resolved: That the commissioner of a department or the director of an agency of State Government that waives or defers all or a portion of a continuing education requirement pursuant to section 1 of this resolve shall report by December 1, 2004 and monthly thereafter to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters with respect to the deferment or waiver of continuing education requirements for affected military service personnel; and be it further

     Sec. 3. Repeal. Resolved: That this resolve is repealed October 1, 2005.

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective April 27, 2004.

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