BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1155|
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THIRD READING
Bill No: SB 1155
Author: Morrell (R)
Amended: 5/31/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/4/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 4/12/16
AYES: Nielsen, Hueso, Allen, Nguyen, Roth
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Professions and vocations: licenses: military
service
SOURCE: Author
DIGEST: This bill requires every board within the Department
of Consumer Affairs (Department) to grant a waiver for the
application and initial licensing fee to an honorably discharged
veteran, except as otherwise specified, as of January 1, 2018.
ANALYSIS:
Existing law:
1)Provides for the licensure, registration and regulation of
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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. (Business and
Professions Code (BPC) § 35)
3)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.
(BPC § 114.3)
4)Requires each board to inquire in every application if the
individual applying for licensure is serving in, or has
previously served in, the military.
(BPC § 114.5)
5)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 to
the board that the applicant has served as an active duty
member of the Armed Forces of the United States and was
honorably discharged and provides that the board may adopt
regulations necessary to implement this requirement. (BPC §
115.4)
6)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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(Military and Veterans Code § 825)
This bill:
1)Requires as of January 1, 2018, that every board within the
Department to grant a fee waiver for the application for and
issuance of initial 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, except
as otherwise specified. After a fee waiver has been issued
by any board within the department pursuant to these
provisions, the veteran is no longer eligible for a waiver.
b) If a board charges a fee for the application for a
license and another fee for the issuance of a license, the
veteran shall be granted fee waivers for both the
application for and issuance of a license.
c) The fee waiver shall apply only to an application of and
a license issued to an individual veteran and not to an
application of or a license issued to an individual veteran
on behalf of a business or other entity.
d) A waiver shall not be issued for any of the following:
i) Renewal of a license.
ii) The application for and issuance of an additional
license, a certificate, a registration, or a permit
associated with the initial license.
iii) The application for an examination.
Background
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
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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 range from
completing a form and paying a licensing fee to satisfying
significant experience, education and exam requirements.
Consideration of Military Experience and Education. 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
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.
Impact on Board Licensing Revenue Minimal. A survey of several
licensing boards found that the impact on their overall revenue
received from licensing fees would be minimal. The CSLB has
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expedited 45 applications for veterans for the last year out of
about 18,000 applications received. For BSIS, they receive
about 3,700 new applications from veterans on an annual basis
out of about 71,000 applications received per year. The Bureau
of Automotive Repair and the Board of Barbering and Cosmetology
receives about 5 applications from veterans per year.
Other States Granting Licensing Fee Waivers for Veterans.
Florida, Texas and Wisconsin have granted licensing fee waivers
for the initial issuance of occupational licenses to honorably
discharged veterans. Ohio is in the process of passing a
similar law.
FISCAL EFFECT: Appropriation: No Fiscal Com.:
YesLocal: No
According to the Senate Appropriations Committee analysis dated
May 27, 2016, this bill will result in Department-wide revenue
loss of $1.1 million to waive applicable fees for honorably
discharged veterans. The bill will also result in additional
workload for each board and bureau to establish the fee waiver
in regulations prior to implementation which could drive
potentially significant costs. The analysis notes that although
most boards and bureaus indicate that the loss of revenue and
any associated workload stemming from thi bill would be minor,
several special funds' fiscal issues could be exacerbated. This
bill will also result in additional absorbable workload to the
Department to make necessary changes to the Department's online
licensing and enforcement system, BreEZe as well as additional
minor costs for updating websites related to applications.
SUPPORT: (Verified 5/31/16)
California Association of Licensed Investigators, Inc.
Goodwill Southern California
Veterans of Foreign Wars of California (San Diego County,
Southern Imperial County)
OPPOSITION: (Verified 5/31/16)
None received
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ARGUMENTS IN SUPPORT: The Veterans of Foreign Wars of
California (San Diego County and Southern Imperial County) and
Goodwill Southern California are in support of this bill and
indicate that initial application and occupational license fees
can act as a barrier for entry to the workforce for the 240,000
to 360,000 veterans who separate from the military each year.
Many either already reside in or intend to make California their
home, adding to the 1.9 million veterans residing in the state.
Proponents state that veterans often gain valuable job skills
during military service which can be used upon entering the
civilian workforce. Despite this fact, young male veterans, as
of 2014, have an unemployment rate of 16.2 percent. California
also has upwards of 11,000 veterans living on the streets, the
most of any state. The proponents believe that eliminating
these fees will bring more veterans into the workforce, growing
the skilled labor market in California, and taking a step to
alleviate the growing problem of veteran homelessness.
The California Association of Licensed Investigators, Inc. is
also in support of this bill and believes that the provisions of
this bill will remove an obstacle for veterans who desire to
work in our state and will facilitate their entrance into the
civilian workforce by waiving the application and initial
license fees that are paid by applicants to obtain occupational
license.
Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
5/31/16 20:45:36
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