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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