Updates to military-related statutes (priority #6)

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Neal Perry
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1 Updates to military-related statutes (priority #6) Subtopic A- Criminal matters notification Subtopic B- Post 9/11 GI bill language update Subtopic C- Military spouse unemployment sunset repeal Subtopic D- Resident game and fish licenses for National Guard Subtopic E- Licensing compacts Subtopic F- Protections for medical professionals on state active duty Subtopic G- Service members Civil Relief Act (SCRA) enhancements 20

2 Priority #6 Subtopic A Criminal Matters Notification Issue: The Wyoming Military Department seeks legislation authorizing law enforcement entities in the state to release criminal investigation information concerning military members to the. The WYNG has a need to know about such investigative matters since it impacts a member s deployability, security clearance, promotions, re-assignments, and whether they are allowed to leave the state for formal training. Proposal: Change to W. S highlighted below: to: Access to, and dissemination of, information. (a) Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only (xv) The military department for purposes of obtaining criminal history record information on prospective employees or volunteers and current Active Duty and Wyoming National Guard military members; 21

3 Priority #6 Subtopic B Post 9/11 G. I. Bill Updates Issue: A recent change in federal law concerning Post 9/11 GI Bill Educational Benefits created a new category of covered individuals who are individuals using Post 9/11 benefits transferred from an Active Duty military member. Wyoming Statutes (e) addresses this benefit, but is focused on benefits from veterans not Active Duty members and is therefore not compliant with current federal law. Currently all Wyoming schools executing MOUs with Wyoming Military Department effective 1 July 2017 to comply with federal law change. The proposed amendment to Wyoming Statutes will correct law and make future MOUs unnecessary. Proposal: Change W.S (e) concerning the University of Wyoming and W. S (a)(iii) concerning the Community Colleges to include covered individuals with benefits from Active Duty members. 22

4 Priority #6 Subtopic B Post 9/11 G. I. Bill Updates Tuition to be as nearly free as possible; number, qualifications and selection of students for reduced tuition; tuition for veterans, their spouses and children; reciprocal residency. (e) Effective for the 2015 summer school session and each semester thereafter, an applicant for resident tuition who is a veteran, or eligible individual, or covered individual as described in 38 U.S.C. 3679(c)(2), shall qualify as a resident for purposes of tuition at the University of Wyoming or Wyoming community college if the applicant provides: (i) A certificate or other evidence of the veteran military member's qualifying service in the uniformed services of the United States; (A) Within the twelve (12) month period immediately preceding application for resident tuition pursuant to this subsection; or (B) Within the twelve (12) month period immediately preceding acceptance to the University of Wyoming or Wyoming community college if the applicant for resident tuition was attending the University of Wyoming or Wyoming community college on April 1, (ii) Documented evidence at the time of enrollment that: (A) The applicant for resident tuition intends to live in Wyoming during the term of enrollment; (B) The military member is currently on active military duty or a veteran who was discharged or released from a qualifying period of service in the active military, naval or air service before the date of enrollment; 23

5 Priority #6 Subtopic B Post 9/11 G. I. Bill Updates (C) If the applicant is a spouse or child of the veteran, the The applicant is a transferee pursuant to 38 U.S.C. 3311(b)(9) or 3319 of the veteran's eligibility for educational benefits. veteran, eligible individuals, or covered individuals as defined in 38 U.S.C. 3679(c)(2) Powers and duties of the commission. (a) The commission shall perform the following general functions: (iii) Establish residency requirements, which shall include provisions for military veterans, their spouses and children eligible individuals, or covered individuals as defined in 38 U.S.C. 3679(c)(2) consistent with the requirements of W.S (e); 24

6 Priority #6 Subtopic C Military Spouse Unemployment Sunset Issue: In 2009, the Wyoming Legislature passed SF 90 (Enrolled Act 72) authorizing unemployment benefits for eligible spouses who are unemployed after relocating due to the transfer of their military spouse. The Act included a sunset effective 1 July The Wyoming Military Department seeks to delete the sunset language and make the provision permanent. Currently, 44 states have this protection including all of our neighboring states. The Department of Workforce Services manages these unemployment benefits and supports this proposal. Historically individuals claims these benefits each fiscal year. NO state funds are expended - funding is from federal unemployment funds. Proposal: Amend W. S (a)(i)(D) to delete the 1 July 2018 sunset. 25

7 Priority #6 Subtopic D Game and Fish Licenses Issue: Active Duty military members and their in-state families are granted resident status for Game and Fish licenses under W. S (f). Current members living outside the State of Wyoming are not given such resident status despite their serving our State and its people. There are approximately 700 non-resident members of the Wyoming Guard. Proposal: Amend W. S by adding a new subsection (h) to grant resident status to current members who live outside the State of Wyoming. 26

8 Priority #6 Subtopic D Game and Fish Licenses Residency for obtaining game and fish licenses. (d) A person shall lose his residency in Wyoming if he resides in any other state, territory or country for an aggregate of one hundred eighty (180) days or more in a calendar year, unless he qualifies as a resident under subsection (b), (c), (e), or (f) or (h) of this section. A person who resides in any other state, territory or country other than Wyoming, for less than an aggregate of one hundred eighty (180) days in a calendar year, may maintain residency in Wyoming under this act only if he qualifies as a resident under subsection (b), (c), (e), or (f) or (h) of this section or if: (h) Any currently serving member of the National Guard of the State of Wyoming who is a resident of another state shall qualify as a resident under this section for the limited purpose of this section if the member: (i) Does not claim resident status in any other state, territory or country for any hunting, fishing or trapping license of any kind, at least (ii) Has been a member of the National Guard of the State of Wyoming for ninety (90) days prior to application under this section, and (iii) Is not a civilian employee of the National Guard of the State of Wyoming. 27

9 Priority #6 Subtopic E Licensing Compacts Issue: A number of states have licensure compacts allowing licensed professionals in a variety of fields such as nursing, psychology, emergency medical technicians, physical therapy, and other occupations to more easily move between states. The DOD seeks to have language added to these compacts to include military members and their spouses. This issue is advanced by USA4MILITARYFAMILIES.dod.mil advocacy group. Proposal: No Action this session. Recommend take up any needed changes in the law in the 2019 general session. Wyoming already has provisions in law assisting military members and their spouses regarding licensure. For example, SF 74 passed in 2013 added W.S concerning professional and occupational licensure of military spouses requiring boards to issue licenses based on licenses held from other states. As the Wyoming Military Department is informed of any compacts under consideration, we will pursue adding a military component as done last session with EMTs. 28

10 Priority #6 Subtopic F Medical Protections during SAD Issue: Concern was raised whether medical professional members not licensed in Wyoming were protected while serving in Wyoming under State Active Duty. Proposal: No Action Required. After study, the Wyoming Military Department believes medical professionals members serving in Wyoming under State Active Duty are protected by current laws even when not currently licensed in Wyoming. W.S (d) regarding no license required - and W.S members held harmless from malpractice liability. Additionally, out of state National Guard professionals serving in Wyoming would always be under the Emergency Management Assistance Compact and W.S no licenses required - and W.S no liability. 29

11 Priority #6 Subtopic G Enhance Wyoming s Military Service Relief Act Issue: Service members are protected from a variety of issues resulting from going on military orders through the federal Servicemember s Civil Relief Act (SCRA) and Wyoming s Military Service Relief Act (W. S thru 124). However, some states provide additional protections that expand their civil relief act relating to monthly contracts for internet, TV, mobile phone, gym and other services. This issue is advanced by USA4MILITARYFAMILIES.dod.mil advocacy group. Proposal: Change W. S of MILITARY SERVICE RELIEF ACT to add these protections 30

12 Priority #6 Subtopic G - Enhance Wyoming s Military Service Relief Act 31

13 Priority #6 Subtopic G - Enhance Wyoming s Military Service Relief Act Servicemembers Civil Relief Act; application to national guard; additional rights; penalty for violation of rights afforded to guard members; enforcement; preferences. (b) In addition to the protections afforded to members in the military service of the United States under the Servicemembers Civil Relief Act, Public Law , members in the uniform services ordered to uniform service by the state or federal government for a period of more than thirty (30) consecutive days may terminate or suspend a contract described in subsection (i) at any time after the date the members in the uniform services receives military orders provided the person complies with the notice requirements of subsection (ii). (i) This section applies to a contract to provide any of the following: (1) Telecommunication services. (2) Internet services. (3) Television services including but not limited to cable television, direct satellite and other television-like services. (4) Athletic club or gym memberships. (5) Satellite radio services including mobile telephone services. (6) Any other services contract requiring regular payments. (ii) Termination or suspension of a contract by the member must be made by delivery of a written or electronic notice of the termination and a copy of the member s military orders to the service provider. Termination or suspension shall be effective the day of notice is given. Suspension shall continue until the service is reinstated by the member upon delivery of a 32

14 Priority #6 Subtopic G - Enhance Wyoming s Military Service Relief Act Change to W. S Continued: written or electronic notice of reinstatement to the service provider. The service provider shall resume the provision of services upon notice of reinstatement. A service member who terminates, suspends or reinstates the provision of services may not be charged a penalty, interest, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement. (bc) Any person who knowingly violates the protections provided to servicemembers of the Wyoming national guard pursuant to subsections (a) or (b) of this section shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00). (cd) The protections afforded to members in the uniform services of the Wyoming national guard pursuant to subsections (a) and (b) of this section may serve as the basis for an action or as a defense. The courts of this state that would otherwise have jurisdiction over a case shall have jurisdiction over proceedings involving the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act, which shall be governed by the rules applicable to ordinary proceedings. 33

NC General Statutes - Chapter 90 Article 18D 1

NC General Statutes - Chapter 90 Article 18D 1 Article 18D. Occupational Therapy. 90-270.65. Title. This Article shall be known as the "North Carolina Occupational Therapy Practice Act." (1983 (Reg. Sess., 1984), c. 1073, s. 1.) 90-270.66. Declaration