SB 1155: Professions and vocations: licenses: military service.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-06-23
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. Existing law also requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met. Existing law requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Existing law, on and after July 1, 2016, requires a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the United States Armed Forces and was honorably discharged.
This bill, on and after January 1, 2018, would require every board within the Department of Consumer Affairs to grant a fee waiver for the application for and the issuance of an initial license to an individual who is an honorably discharged veteran. an applicant who supplies satisfactory evidence, as defined, to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged. The bill would require that a veteran be granted only one fee waiver, except as specified.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. Existing law also requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met. Existing law requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Existing law, on and after July 1, 2016, requires a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the United States Armed Forces and was honorably discharged.
This bill bill, on and after January 1, 2018, would require every board within the Department of Consumer Affairs to grant a fee waiver for the application for and the issuance of an initial license to an individual who is an honorably discharged veteran, as specified. veteran. The bill would require that a veteran be granted only one fee waiver, except as specified.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. Existing law also requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met. Existing law requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Existing law, on and after July 1, 2016, requires a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the Armed Forces of the United States Armed Forces and was honorably discharged.
This bill would require the Department of Consumer Affairs, in consultation with the Department of Veterans Affairs and the Military Department, to establish and maintain a program that grants every board within the Department of Consumer Affairs to grant a fee waiver for the application for and the issuance of an initial license to an individual who is an honorably discharged veteran, as specified.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. Existing law also requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met. Existing law requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Existing law, on and after July 1, 2016, requires a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the Armed Forces of the United States and was honorably discharged.
This bill would require the Department of Consumer Affairs, in consultation with the Department of Veterans Affairs and the Military Department, to establish and maintain a program that grants a fee waiver for the application for and the issuance of an initial license to an individual who is an honorably discharged veteran, as specified.
(a)(1)Notwithstanding any other provision of law, every board within the department shall grant a fee waiver for the application for and issuance of an 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 States Armed Forces. Under this program, all of the following apply: an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged.
(2)For purposes of this section, satisfactory evidence means a completed Certificate of Release or Discharge from Active Duty (DD Form 214).
(b)Under this program, all of the following apply:
(a)
(1)A veteran shall be granted only one fee waiver, except as specified in subdivision (b). paragraph (2). After a fee waiver has been issued by any board within the department pursuant to this section, the veteran is no longer eligible for a waiver.
(b)
(2)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)
(3)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)
(4)A waiver shall not be issued for any of the following:
(1)
(A)Renewal of a license.
(2)
(B)The application for and issuance of an additional license, a certificate, a registration, or a permit associated with the initial license.
(3)
(C)The application for an examination.
(e)
(c)This section shall become operative on January 1, 2018.
Notwithstanding any other provision of law, every board within the department shall grant a fee waiver for the application for and issuance of a an 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 States Armed Forces. Under this program, all of the following apply:
(a)A veteran shall be granted only one fee waiver. waiver, except as specified in subdivision (b). After a fee waiver has been issued by any board within the department pursuant to this section, 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.
(b)
(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.
(c)
(d)A waiver shall not be issued for a renewal of a license or for the application for and issuance of a license other than one initial license. any of the following:
(1)Renewal of a license.
(2)The application for and issuance of an additional license, a certificate, a registration, or a permit associated with the initial license.
(3)The application for an examination.
(e)This section shall become operative on January 1, 2018.
The Department of Consumer Affairs, in consultation with the Department of Veterans Affairs and the Military Department, shall establish and maintain a program that grants Notwithstanding any other provision of law, every board within the department shall 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 States Armed Forces. Under this program, all of the following apply:
(a)The Department of Consumer Affairs shall grant only one fee waiver to a veteran. A veteran shall be granted only one fee waiver.
(b)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 a business or other entity.
(c)A waiver shall not be issued for a renewal of a license or for the application for and issuance of a license other than one initial license.
The Department of Consumer Affairs, in consultation with the Department of Veterans Affairs and the Military Department, shall establish and maintain a program that grants 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 States Armed Forces. Under this program, all of the following apply:
(a)The Department of Consumer Affairs shall grant only one fee waiver to a veteran.
(b)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 a business or other entity.
(c)A waiver shall not be issued for a renewal of a license or for the application for and issuance of a license other than one initial license.
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Date
|
Status
|
|---|---|
| May 27, 2016 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 4004.) (May 27). |
| Aug 11, 2016 | August 11 hearing. Held in committee and under submission. |
| Aug 3, 2016 | August 3 set for first hearing. Placed on APPR. suspense file. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 23, 2016 | Read second time and amended. Re-referred to Com. on V.A. |
| Jun 22, 2016 | From committee: Do pass as amended and re-refer to Com. on V.A. (Ayes 15. Noes 0.) (June 21). |
| Jun 9, 2016 | Referred to Coms. on B. & P. and V.A. |
| Jun 2, 2016 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| Jun 2, 2016 | Read third time. Passed. (Ayes 39. Noes 0. Page 4148.) Ordered to the Assembly. |
| Jun 2, 2016 | In Assembly. Read first time. Held at Desk. |
| May 31, 2016 | Read second time and amended. Ordered to third reading. |
| May 31, 2016 | Ordered to special consent calendar. |
| May 27, 2016 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 27). |
| Feb 18, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 20, 2016 | Set for hearing May 27. |
| Apr 25, 2016 | April 25 hearing: Placed on APPR. suspense file. |
| Apr 15, 2016 | Set for hearing April 25. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3523.) (April 12). Re-referred to Com. on APPR. |
| Apr 6, 2016 | Set for hearing April 12. |
| Apr 5, 2016 | From committee: Do pass and re-refer to Com. on V.A. (Ayes 9. Noes 0. Page 3377.) (April 4). Re-referred to Com. on V.A. |
| Mar 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 11, 2016 | Set for hearing April 4. |
| Mar 3, 2016 | Referred to Coms. on B., P. & E.D. and V.A. |
| Feb 19, 2016 | From printer. May be acted upon on or after March 20. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 28, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Jun 21, 2016 | Do pass as amended and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Business and Professions |
Passed |
|
| Jun 2, 2016 | Special Consent # SB1155 Morrell | Senate Floor |
Passed |
|
| May 27, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Apr 4, 2016 | Do pass, but first be re-referred to the Committee on [Veterans Affairs] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union | * Against Unless Amend | Jun 26, 2018 |
| American G.I. Forum of California | ** Support | Jun 28, 2016 |
| AMVETS-Department of California | ** Support | Jun 28, 2016 |
| California Association Of County Veterans Service Officers | ** Support | Jun 28, 2016 |
| California Association Of Licensed Investigators | * Support | Jun 28, 2016 |
| California Board of Accountancy | * Support | Jun 28, 2016 |
| California Dental Association | ** Support | Jun 28, 2016 |
| California Judges Association | * Support | Jun 26, 2018 |
| California Rural Legal Assistance Foundation | * Against Unless Amend | Jun 26, 2018 |
| CHIRLA-Coalition for Humane Immigrant Rights | * Against | Jun 26, 2018 |
| Contractor State License Board | * Support | Jun 21, 2016 |
| Disability Rights California | * Against | Jun 26, 2018 |
| Goodwill Southern California | ** Support | Jun 28, 2016 |
| Judicial Council of California | * Support | Jun 26, 2018 |
| Military Officer's Association | * Support | Jun 28, 2016 |
| Military Officers Association Of America, California Council Of Chapters | * Support | Jun 28, 2016 |
| The American Legion Department California | * Support | Apr 12, 2016 |
| The Military Officers Association of America | * Support | Apr 12, 2016 |
| u None received as of March 29, 2016. | ** Against | Apr 4, 2016 |
| Veteran groups | * Support | Jun 28, 2016 |
| Veterans of Foreign Wars - Department of California | ** Support | Apr 12, 2016 |
| Veterans of Foreign Wars of California | ** Support | Jun 21, 2016 |
| Veterans of Foreign Wars, California Department | ** Support | Jun 28, 2016 |
| Vietnam Veterans of America | * Support | Jun 28, 2016 |
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1155
Author:(Morrell) – As Amended Ver:June 23, 2016
Policy Committee: | Business and Professions | Vote: | 15 - 0 |
Veterans Affairs | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill requires, on or after January 1, 2018, every board under the Department of Consumer Affairs (DCA) to waive initial license fees for veterans. Specifically, this bill:
- Requires every board within DCA to grant a fee waiver for the application for and issuance of an initial license to an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged.
- Specifies that “satisfactory evidence” means a completed “Certificate of Release or Discharge from Active Duty” (DD Form 214).
- Requires that a veteran be granted only one fee waiver, except as specified
- Requires a fee waiver to 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.
- Prohibits issuance of a waiver for any of the following:
- Renewal of a license.
- The application for and issuance of an additional license, a certificate, a registration, or a permit associated with the initial license.
- The application for an examination.
FISCAL EFFECT:
- Annual revenue loss to DCA of $1.1 million (various special funds) to waive applicable fees for honorably discharged veterans. Minor costs to each board and bureau to establish the fee waiver in regulations prior to implementation. Staff notes that although most boards and bureaus indicate that the loss of revenue and any associated workload would be minor, this bill would exacerbate the fiscal issues of several funds within the DCA.
- Minor and absorbable costs to DCA for additional workload to make necessary changes to the DCA’s online licensing and enforcement system, BreEZe, and for updating websites related to applications.
COMMENTS:
- Purpose. According to the author, “This bill removes a barrier for veterans seeking work in California and encourages immediate entrance into the civilian workforce by waiving the application and initial license fees in order to receive an occupational license. These fees act as a barrier of entry to the workforce for the 240,000 to 360,000 veterans that separate from the military each year, many of whom would like to make California home... By removing a barrier, we can more effectively help veterans harness their invaluable skillsets thereby helping them find higher paying jobs, strengthening the economy, and chipping away at the growing issue of veteran homelessness.”
- Background. The DCA boards have implemented several policies to ease the burdens on military applicants, spouses, and licensees. For example, current law exempts licensees from penalties for reinstating a retired license if called to active duty. Current law also requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met.
In addition, after July 1, 2016, current law will require boards under the DCA to begin expediting the initial licensure process for applicants who are honorably discharged veterans. Similarly, this bill adds a one-time initial license fee waiver for applicants who are honorably discharged veterans.
- Current Legislation. SB 1348 (Canella), pending on the Assembly Floor, requires boards under the DCA that authorize veterans to apply military experience and training towards licensure requirements to post information on the board’s website about the application process.
- Prior Legislation. AB 1057 (Medina), Chapter 693, Statutes of 2013, requires each board to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SBPCA Bill Id:SB 1155
Author:(Morrell) – As Amended Ver:May 31, 2016
SENATE VOTE: 39-0
SUBJECT: Professions and vocations: licenses: military service
SUMMARY: Requires, on or after January 1, 2018, every board under the Department of Consumer Affairs (DCA) to waive initial license fees for veterans, as specified. This bill:
- Requires every board within the department to grant a fee waiver for the application for and issuance of an initial license to an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged.
- Specifies that “satisfactory evidence” means a completed “Certificate of Release or Discharge from Active Duty” (DD Form 214).
- Mandates that a veteran shall be granted only one fee waiver, except as specified
- States that after a fee waiver has been issued by any board within the department pursuant to this section, the veteran is no longer eligible for a waiver.
- Mandates that if 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.
- Requires a fee waiver to 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.
- Prohibits issuance of a waiver for any of the following:
- Renewal of a license.
- The application for and issuance of an additional license, a certificate, a registration, or a permit associated with the initial license.
- The application for an examination.
- States that the operative date of this statute will be January 1, 2018.
EXISTING LAW:
- Provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs.
- Authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met.
- Requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met.
- Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military.
- Requires, on and after July 1, 2016, a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the United States Armed Forces and was honorably discharged.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in:
- “[DCA]-wide revenue loss of $1.1 million to waive applicable fees for honorably discharged veterans. Additional workload required of each board and bureau to establish the fee waiver in regulations prior to implementation could drive potentially significant costs. Though most boards and bureaus indicate that the loss of revenue and any associated workload would be minor, this bill would exacerbate the fiscal issues of several funds within the [DCA].
- Additional absorbable workload to the [DCA] to make necessary changes to the [DCA’s] online licensing and enforcement system, BreEZe. Additional minor costs for updating websites related to applications.”
COMMENTS: According to the author:
In a 2013 White House Report, President Obama and the First Lady called upon states to do anything they can to streamline states’ occupational licensing schemes. The report stated, “many service members are required to repeat education or training in order to receive industry certifications and state occupational licenses, even though much, and in some cases, all, of their military training and experience overlaps with credential training requirements.” California has already taken a step toward alleviating this issue by expediting the licensing processes for veterans. We can make that process even easier by relieving veterans from having to scrape up money to pay for a license, some of which cost upwards of $500, to do a job for which they are already, more than likely, qualified to perform.
A May 2015 Department of Veteran Affairs report found that the young veteran (18-24 years old) poverty rate was 11.9%, 14.2% if they had a disability. In addition, the California Department of Housing and Community Development found, “of California’s extremely low-income veteran renter households, 79 percent have a severe cost burden, spending more than 50 percent of their income on housing.” For those low-income veterans, licensing fees would be another burden they face if they were to apply for an occupational license. Waiving the fee may encourage some of these individuals to either apply for a license or to pursue a professional career requiring licensure.
[This bill] …removes a barrier for veterans seeking work in California and encourages immediate entrance into the civilian workforce by waiving the application and initial license fees in order to receive an occupational license. These fees act as a barrier of entry to the workforce for the 240,000 to 360,000 veterans that separate from the military each year, many of whom would like to make California home... By removing a barrier, we can more effectively help veterans harness their invaluable skillsets thereby helping them find higher paying jobs, strengthening the economy, and chipping away at the growing issue of veteran homelessness.”
Families with one or both active duty parents move more often than the average household. While there is usually some notice to the servicemember about a permanent change of station (PCS) move, servicemembers are subject to an order to move and generally must do so. Often the servicemember knows well in advance that he or she will PCS but the destination may not be known until much closer in time to the orders directing the move. Therefore, to the extent that the non-servicemember spouse holds a license or certification that is not the subject of reciprocity by the destination state, there can be a significant financial impact resulting from the cost of licensing in the destination state and the amount of delay before a license is granted (during which period the license applicant cannot work at the licensed profession).
The Committee on Business and Professions noted in its analysis of this bill:
DCA Board Assistance for Military Applicants and Licensees. Due to the potential hardships of licensing on military applicants, veterans, and their families, the Legislature has passed, and the DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 114 exempts licensees from penalties for reinstating a retired license if called to active duty. BPC § 114.3 requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met.
In addition, after July 1, 2016, BPC § 115.4 will require boards under the DCA to begin expediting the initial licensure process for applicants who are honorably discharged veterans. Similarly, this bill adds a one-time initial license fee waiver for applicants who are honorably discharged veterans.
Policy Questions:
Does this bill meet a documented need or fix a known problem facing veterans?
This bill presents a general policy concern, applicable in this particular case but much broader than this single piece of legislation; the bill provides an incremental benefit to a small number of veterans and does not arise out of a known problem facing veterans. The policy concern is that bills like this could have a sort of halo effect, creating a false sense of greater progress. They also may consume the limited bandwidth of the Legislature and distract the attention of policy makers from documented issues of critical importance to veterans.
This bill would provide a tangible benefit to some veterans, and is aligned with the general policy to ease veterans’ transition to civilian life. However, the waiver will not address a known veterans’ need or challenge except in an attenuated way. License fees are a barrier to entry for all applicants, a license is, by design, a barrier to entry, put there typically to protect the public. Waiving the fee removes a barrier for every applicant. However, a fee waiver would most logically present the greatest barrier to those for whom the fee presents a financial hardship. It has not been established that veteran applicants are experiencing more or less financial hardship than others, particularly in such DCA professions as dentistry, medicine, optometry, pharmacy, veterinary medicine, accountancy, and architecture.
Author’s amendments: Due to imminent Legislative process deadlines, there is not sufficient time to amend the bill. However, staff recommends:
- Clarification of the terminology of the bill. The author’s intent is to include National Guard.
- Clarify the documents which will suffice for eligibility for the waiver. Though the DD-214 is the most common discharge document, there are other forms, particularly for the National Guard,that are analogous but use a different form number.
- Clarify “active duty” as it pertains to the National Guard.
- Tailoring the bill by refining its scope. Some avenues of tailoring might include: refining which DCA entities will be required to grant a waiver (veteran applicants are concentrated in certain DCA entities), a financial hardship requirement, a chronological relationship with the date of discharge.
- Refocus the bill: Grant the fee waiver to spouses of active duty members either instead of veterans or in addition to veterans. These spouses are compelled to move frequently with their active duty spouse and face documented issues with the portability of their professional licenses and certifications.
Current Related Legislation. SB 1348 (Canella) of the current Legislative Session, requires boards under the DCA that authorize veterans to apply military experience and training towards licensure requirements to post information on the board’s website about applying for military experience and training towards licensure requirements.
Prior Related Legislation. AB 1057 (Medina), Chapter 693, Statutes of 2013, requires each board to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.
REGISTERED SUPPORT / OPPOSITION:
Support
American G.I. Forum of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California Dental Association
Goodwill Southern California
Military Officers Association of America, California Council of Chapters
Veterans of Foreign Wars, California Department
Opposition
None on File
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SBPCA Bill Id:
Author:() – As Ver:
SENATE VOTE:
NOTE: This bill is double-referred, and if passed by this Committee, will be referred to the Assembly Committee on Veteran Affairs.
SUBJECT:
SUMMARY: Requires, on or after January 1, 2018, every board under the Department of Consumer Affairs (DCA) to waive initial license fees for veterans, as specified.
EXISTING LAW:
- Existing law provides for the licensure and regulation of various professions and vocations by licensing entities under the DCA. (Business and Professions Code (BPC) §§1-11506)
- Declares, among other things, that it is the policy of this state that persons with skills, knowledge, and experience obtained in the armed services of the United States should be permitted to apply this learning and contribute to the employment needs of the state at the maximum level of responsibility and skill for which they are qualified. (BPC § 35)
- Exempts a licensee or registrant of any board, commission, or bureau within the DCA whose license expired while the licensee or registrant was on active duty as a member of the California National Guard or the United States Armed Forces from reexamination or penalties for reinstating the license or registration, as specified. (BPC § 114)
- Requires every board under the DCA to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board 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)
- Requires each board under the DCA to inquire in every application for licensure if the applicant is serving in, or has previously served in, the military. (BPC § 114.5)
- Requires, after July 1, 2016, that a board under the DCA expedite 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. (BPC § 115.4)
- Requires a board under the DCA 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 the applicant seeks a license from the board. (BPC § 115.5)
- Requires a board under the DCA to issue, after appropriate investigation, specified temporary licenses to 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 the applicant meets specified requirements. (BPC § 115.6)
THIS BILL:
- Requires every board within the DCA to grant a fee waiver for the application for and issuance of an initial license to an individual who is a honorably discharged veteran who served as an active duty member of the California National Guard or the United States Armed Forces.
- Provides that a veteran shall be granted only one fee waiver, except if a board charges a fee for the application for a license and another fee for the issuance of a license. In that case, the board shall grant the veteran fee waivers for both the application for and issuance of a license.
- Specifies that, after a fee waiver has been issued by any board under the DCA pursuant to the provisions under this bill, the veteran will no longer be eligible for a waiver.
- Specifies that 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.
- Specifies that a waiver shall not be issued for: 1) renewal of a license; 2) the application for and issuance of an additional license, a certificate, a registration, or a permit associated with the initial license; or 3) the application for an examination.
- Becomes operative on January 1, 2018.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in:
- “[DCA]-wide revenue loss of $1.1 million to waive applicable fees for honorably discharged veterans. Additional workload required of each board and bureau to establish the fee waiver in regulations prior to implementation could drive potentially significant costs. Though most boards and bureaus indicate that the loss of revenue and any associated workload would be minor, this bill would exacerbate the fiscal issues of several funds within the [DCA].
- Additional absorbable workload to the [DCA] to make necessary changes to the [DCA’s] online licensing and enforcement system, BreEZe. Additional minor costs for updating websites related to applications.”
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, “[this bill] removes a barrier for veterans seeking work in California and encourages immediate entrance into the civilian workforce by waiving the application and initial license fees in order to receive an occupational license. These fees act as a barrier of entry to the workforce for the 240,000 to 360,000 veterans that separate from the military each year, many of whom would like to make California home... By removing a barrier, we can more effectively help veterans harness their invaluable skillsets thereby helping them find higher paying jobs, strengthening the economy, and chipping away at the growing issue of veteran homelessness.”
Background. In 2015, the White House’s Council of Economic Advisors (CEA) in Occupational Licensing: A Framework for Policy Makers pointed out that strict licensing creates barriers to mobility for workers in licensed professions, including military personnel and veterans. The CEA suggests that this is because state licensing schemes impose additional licensing costs on licensed workers for movement between states, but no extra cost for movement within a state.
Further, the burdens could be harder on military applicants and their families, who tend to move much more than the general population. Military applicants may be stationed away from the state where they earned their license (Permanent Change of Station (PCS) move). Veterans may also end up moving to a different state when they are discharged. If the state they move to does not accept their license, the military applicants and their families may have to repeat education and training to meet the state-specific requirements.
There are also several costs associated with licensing. Applicants and licensees typically have to pay to acquire the required education, pay an application processing fee, pay an examination fee, and pay an initial licensee fee. Depending on the profession, some licensees also have to pay renewal fees and continuing education fees. As a result, even if a military applicant, military spouse, or veteran is licensed and meets the educational and experiential requirements, they almost always have to pay duplicative fees.
DCA Board Assistance for Military Applicants and Licensees. Due to the potential hardships of licensing on military applicants, veterans, and their families, the Legislature has passed, and the DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 114 exempts licensees from penalties for reinstating a retired license if called to active duty. BPC § 114.3 requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met.
In addition, after July 1, 2016, BPC § 115.4 will require boards under the DCA to begin expediting the initial licensure process for applicants who are honorably discharged veterans. Similarly, this bill adds a one-time initial license fee waiver for applicants who are honorably discharged veterans.
Current Related Legislation. SB 1348 (Canella) of the current Legislative Session, requires boards under the DCA that authorize veterans to apply military experience and training towards licensure requirements to post information on the board’s website about applying for military experience and training towards licensure requirements.
Prior Related Legislation. AB 1057 (Medina), Chapter 693, Statutes of 2013, requires each board to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.
IMPLEMENTATION ISSUES:
Board Revenues. Based on available data, the DCA boards that license military applicants estimate that there are at least potential 8,714 military applicants that this legislation will impact. The DCA notes that, because not all boards have moved to DCA’s new licensing processing database, BreEZe, this data can be difficult to track for some boards. As a result, the estimates are conservative. Given that several boards are experiencing fiscal issues and have submitted recent proposals for fee increases, it is unclear how the potential loss of revenues will impact board operations.
Exclusion of Businesses. There are several boards that offer licenses to businesses, authorizing the business to provide services that require a license. These boards include the Structural Pest Control Board, the California Board of Accountancy, the Bureau for Private Postsecondary Education, the Bureau of Security and Investigative Services, and others. Because the assistance provided under this bill is only intended to benefit an individual veteran, it contains a clause excluding individual veterans applying on behalf of a business. Therefore, this bill would exclude licensed businesses such as accountancy firms, registered pest control companies, and registered alarm companies.
Still, given the variety of license types (and variety of licensees employed by the businesses), the current language of the bill may also result in unintended exclusions or inclusions. For example, some individuals applying on behalf of a business are not applying for a license specifically authorizing the business to practice (such as a contractor operating as a sole proprietor). Therefore, the author should continue to work with the DCA, boards, and stakeholders to determine the proper way to distinguish businesses from individuals.
AMENDMENTS:
The author should make the following amendment to clarify the way applicants show honorable discharge status:
On page 2, lines 5-8, strike, an individual who is an honorably discharged veteran who served as an active duty member of the California National Guard or the United States Armed Forces. and insert:
an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged.
On page 3, between lines 1 and 2, insert:
(e) “Satisfactory evidence” means a completed “Certificate of Release or Discharge from Active Duty” (DD Form 214).
REGISTERED SUPPORT:
American G.I. Forum of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California Dental Association
Goodwill Southern California
Military Officers Association of America, California Council of Chapters
Veterans of Foreign Wars, California Department
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1155
: 5/31/16
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
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.
Existing law:
- 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.
- 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)
- 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) - 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) - 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)
- 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. (Military and Veterans Code § 825)
This bill:
- 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.
- Requires under this program, that the following shall apply:
- 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.
- 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.
- 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.
- A waiver shall not be issued for any of the following:
- 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.
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 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 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: Fiscal Com.: Local:
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.
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
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.
5/31/16 20:45:36
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1155 (Morrell) - Professions and vocations: licenses: military service
Version: March 28, 2016 | Policy Vote: B., P. & E.D. 9 - 0, V.A. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: May 27, 2016 | Consultant: Jillian Kissee |
Bill Summary:
This bill requires every board within the Department of Consumer Affairs (Department) to grant a fee waiver for the application and the initial licensing fee to an honorably discharged veteran.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal Impact:
- Department-wide revenue loss of $1.1 million to waive applicable fees for honorably discharged veterans. Additional workload required of each board and bureau to establish the fee waiver in regulations prior to implementation could drive potentially significant costs. Though most boards and bureaus indicate that the loss of revenue and any associated workload would be minor, this bill would exacerbate the fiscal issues of several funds within the Department. (Special funds)
- Additional absorbable workload to the Department to make necessary changes to the Department’s online licensing and enforcement system, BreEZe. Additional minor costs for updating websites related to applications.
Author Amendments:
Delay the bill’s operative date to January 1, 2018 and make clarifying changes.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1155 (Morrell) - Professions and vocations: licenses: military service
Version: March 28, 2016 | Policy Vote: B., P. & E.D. 9 - 0, V.A. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: April 25, 2016 | Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires every board within the Department of Consumer Affairs (Department) to grant a fee waiver for the application and the initial licensing fee to an honorably discharged veteran.
Fiscal Impact:
- Department-wide revenue loss of about $1.2 million to waive applicable fees for honorably discharged veterans. Additional workload required of each board and bureau to establish the fee waiver in regulations prior to implementation could drive potentially significant costs. Though most boards and bureaus indicate that the loss of revenue and any associated workload would be minor, this bill would exacerbate the fiscal issues concerning several funds within the Department. See Staff Comments (Special funds)
- Additional absorbable workload to the Department to make necessary changes to the Department’s online licensing and enforcement system, BreEZe, that would necessitate an implementation date of January 1, 2018. Additional minor costs for updating websites related to applications.
Background:
Existing law 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. 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.
Existing law 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.
Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain specified requirements are met.
Existing law 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 requirements are met.
According to the author, 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.
Proposed Law:
This bill 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 States Armed Forces. This bill, among other things, restricts veterans to one fee waiver and prohibits a waiver to be issued for a renewal of a license.
Staff Comments:
The Department estimates that approximately 8,700 applicants would have fees waived pursuant to this bill, resulting in revenue loss of $1.2 million. According to the Department, most boards and bureaus indicate the loss in revenue and any associated workload would be minor and absorbable. However, the Board of Registered Nursing anticipates a loss in licensing revenue of about $465,000 annually which would likely cause a decrease in the associated fund’s already constrained reserves. In addition, the Physical Therapy Board and the Bureau of Security and Investigative Services anticipate losses in licensing revenue of $45,000 and $298,000 annually and respectively, which would exacerbate to the structural imbalance of associated funds.
-- END --
SENATE COMMITTEE ON
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 4/12/16
Author: | Morrell | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
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:
- 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.
- 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.
- 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 specified requirements are met.
- 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.
- Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military.
- 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.
- 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.
- 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.
- 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.
This bill:
- 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.
- Requires under this program, that the following shall apply:
- The veteran shall be granted only one fee waiver.
- 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.
- 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.
- The veteran shall be granted only one fee waiver.
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
Existing law provides various fee waivers for veterans:
- 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,
- Fishing and Hunting License Fees: Partial waiver (reduction) of annual fees. Eligibility: Any honorably-discharged veteran with a 50% or greater service-connected disability.
- 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.
- 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 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 --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 1155 Hearing Date: April 4, 2016
Author: | Morrell | ||
Version: | March 28, 2016 Amended | ||
Urgency: | Fiscal: | ||
Consultant: | Bill Gage | ||
Subject: Professions and vocations: licenses: military service
SUMMARY:
Would require 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:
- 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.
- 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)
- 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 specified requirements are met. (BPC § 114)
- 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)
- 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)
- 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) - 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. (BPC § 115.5)
- 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.
- 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.
(Military and Veterans Code § 825)
This bill:
- 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.
- Requires under this program, that the following shall apply:
- The veteran shall be granted only one fee waiver.
- 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.
- 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.
- The veteran shall be granted only one fee waiver.
FISCAL EFFECT:
Unknown. This bill has been keyed “fiscal” by Legislative Counsel.
COMMENTS:
- Purpose. This measure is sponsored by the Author. According to the Author, 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.
As stated by the Author, 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 Author believes 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. - 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 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 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.
- 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 measure for the reasons as indicated by the Author.
The California Association of Licensed Investigators, Inc. is also in support of this bill and believes that the provisions of this measure 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.
SUPPORT AND OPPOSITION:
Support:
California Association of Licensed Investigators, Inc.
Goodwill Southern California
Veterans of Foreign Wars of California (San Diego County, Southern Imperial County)
Opposition: None received as of March 29, 2016.
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Discussed in Hearing
Assembly Standing Committee on Judiciary
Assembly Standing Committee on Veterans Affairs
Assembly Standing Committee on Business and Professions
Senate Standing Committee on Appropriations
Senate Standing Committee on Veterans Affairs
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
Bill Co-Author(s):