BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Jim Nielsen, Chair 2015 - 2016 Regular Bill No: SB 1155 Hearing Date: 4/12/16 ----------------------------------------------------------------- |Author: |Morrell | |-----------+-----------------------------------------------------| |Version: |3/28/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Wade Teasdale | | | | ----------------------------------------------------------------- Subject: Professions and vocations: licenses: military service Summary: Requires every board under the Department of Consumer Affairs (Department) to grant a waiver for the application and initial licensing fee to an honorably discharged veteran. Existing law: 1)Provides for the licensure, registration and regulation of various professions and vocations by the boards, bureaus, committees, programs and commission (board(s)) within the Department. 2)Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained in the armed services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, that the rules and regulations of boards shall provide a method of evaluating education, training and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated. 3) Authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard of the United States Armed Forces to reinstate his or her license without examination or penalty if certain SB 1155 (Morrell) Page 2 of ? specified requirements are met. 4) Provides that every board within the Department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if they are applicable, for any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if certain specified requirements are met. 5) Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. 6) Requires after July 1, 2016, that a board within the Department expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence that the applicant has served as an active duty member of and was honorably discharged from the Armed Forces of the United States and provides that the board may adopt regulations necessary to implement this requirement. 7)Requires a board within the Department to expedite the licensure process for an applicant who is married to, or in a domestic partnership or other legal union with an active duty member of the Armed Forces or who is assigned to a duty station within this state under official active duty military orders and holds a current license from another state in the profession or vocation for which her or she seeks a license from the board. 8) Requires a board within the Department to issue, after appropriate investigation, temporary licenses for specified professions for an applicant who is married to, or is in a domestic partnership or other legal union with an active duty member of the Armed Forces or who is assigned to a duty station within this state under official active duty military orders, if specified requirements are met. 9) Authorizes the State Bar of California to waive the membership fees of any member who is good standing with the State Bar at the time the member enters into military service and for the period for which the service member is in military service. SB 1155 (Morrell) Page 3 of ? This bill: 1)Requires every board within the Department to grant a fee waiver for the application for and issuance of a license to an individual who is an honorably discharged veteran who served as an active duty member of the California National Guard or the United State Armed Forces. 2)Requires under this program, that the following shall apply: a) The veteran shall be granted only one fee waiver. b) The fee waiver shall apply only to an application of a license issued to an individual veteran and not to an application of or a license issued to a business or other entity. c) A waiver shall not be issued for a renewal license or for the application for and issuance of a license other that one initial license. BACKGROUND Licensing Programs The Department currently oversees 39 licensing programs that issue more than two million licenses, registrations and certifications in nearly 200 professional categories. These licensing boards are charged with regulating a particular profession through licensure and enforcement programs. Each of these entities is responsible for enforcing the minimum qualifications for licensure that are established by statute and regulation. Licensure requirements vary in their specificity and flexibility. In many cases, the stated qualifications are specific and provide the regulating entity with little or no discretion over what experience or education can be accepted. Professional and occupational licensure requirements may range from merely completing a form and paying a licensing fee - to satisfying extensive requirements for experience and education and taking an exam. Veterans' Fee Waivers SB 1155 (Morrell) Page 4 of ? Existing law provides various fee waivers for veterans: 1)Motor Vehicle Registration Fees: Waiver of vehicle registration fees, and free license plate for one passenger motor vehicle, one motorcycle, or one commercial motor vehicle of less than 8,001 pounds unladen weight. Eligibility: Medal of Honor recipients, American ex-prisoners of war (POW) and "disabled veterans," as specified, 2)Fishing and Hunting License Fees: Partial waiver (reduction) of annual fees. Eligibility: Any honorably-discharged veteran with a 50% or greater service-connected disability. 3)State Parks and Recreation "Distinguished Veteran" Pass Fees: Waiver of all fees for use of all basic State Park System operated facilities, including camping and day use. Eligibility: Medal of Honor recipients, American ex-POWs and disabled veterans with a 50% or more service-connected disability. 4)Business License, Tax and Fees: Waiver on municipal, county, and state business license fees, taxes, and fees for veterans who hawk, peddle, or vend any goods, wares, or merchandise owned by the veteran, except spirituous, malt, vinous, or other intoxicating liquor, including sales from a fixed location. Eligibility: Honorably discharged veterans who engage in sales (not services) activities may be eligible. Eligibility criteria will differ based upon local jurisdiction. COMMENT This bill was approved by the Business, Professions and Economic Development Committee (Do Pass 9-0) on 4/4/16. The BP&ED committee analysis stated: "In 2012, the Department provided a report to the Legislature regarding the licensing programs that have statutes or regulations that allow for the use of military experience and education to meet licensing requirements for the various boards under the Department. Titled, "Report to the California State Legislature: Acceptance of Military Experience & Education towards Licensure," it outlined administrative solutions that SB 1155 (Morrell) Page 5 of ? the Department's programs were instituting to assist military applicants with the licensure process. It provided a breakdown of all licensing programs under the Department that allowed for members of the military to apply experience, education, or training towards licensure and those that did not. "In 2015, the Department provided an update to its 2012 report and focused on boards providing acceptance of military experience towards licensure pursuant to BPC § 35, which requires that rules and regulations of boards shall provide for methods of evaluating education, training and experience obtained in the armed services. It was found that none of the licensing programs have regulations based on BPC § 35, but that many of the Department's programs have either specific or broad authority to review and apply military education, experience, or training towards licensure. For example, the Bureau of Security and Investigative Services (BSIS) worked with over 5,000 military applicants to guide them through the application process in the last two years. The Contractors' State License Board (CSLB) has also created a formal program to assist former military members with properly applying their education and experience and completing the licensing process." POSITIONS Sponsor: Author Support: American G.I. Forum of California AMVETS, Department of California California Association of County Veterans Service Officers (CACVSO) California Association of Licensed Investigators, Inc. Military Officers Association of America - California Council of Chapters Veterans of Foreign Wars - Department of California Oppose: None on file -- END -- SB 1155 (Morrell) Page 6 of ?