BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON VETERANS AFFAIRS
                             Senator Jim Nielsen, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1155        Hearing Date:    4/12/16
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          |Author:    |Morrell                                              |
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          |Version:   |3/28/16                                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Wade Teasdale                                        |
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              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  







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            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.








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           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








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           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  








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           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 --
          










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