Bill Text: HI SB506 | 2014 | Regular Session | Amended
Bill Title: Professional and Vocational Licensing; Military Education, Training, or Service; Licensure
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2014-02-19 - Received notice of discharge of conferees (Hse. Com. No. 41). [SB506 Detail]
Download: Hawaii-2014-SB506-Amended.html
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THE SENATE |
S.B. NO. |
506 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that veterans who leave the military often experience delays in finding post-service employment. Transitioning veterans leave the military with documented education, training, and experience that can prepare them for civilian employment; however, this documentation is not always used by state entities when determining qualifications for an occupational license.
The legislature further finds that the employment of military veterans has been cited as a top priority by the President of the United States and the United States secretaries of Defense and Veterans Affairs. The First Lady of the United States has addressed this issue, as well, as part of the Joining Forces Initiative, which was established to raise awareness about and encourage all sectors of society to recognize the service and sacrifice of military veterans.
The legislature additionally finds that Act 248, Session Laws of Hawaii 2012, was a measure that demonstrated Hawaii's commitment to this nationwide effort. However, an amendment to Act 248 is needed to clarify the requirements for the licensure of military veterans in Hawaii.
The purpose of this Act is to assist transitioning military veterans by clarifying and establishing various professional and vocational licensing requirements for military veterans.
SECTION 2. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§436B- Licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; service member. (a) If a service member holds a current license in another state, district, or territory of the United States with licensure requirements that the licensing authority determines are equivalent to or exceed those established by the licensing authority of this State, that service member shall receive a license pursuant to applicable statutes or requirements of the licensing authority of this State regarding licensure by endorsement or licensure by reciprocity; provided that the service member:
(1) Has not committed an act in any jurisdiction that would have constituted grounds for the limitation, suspension, or revocation of a license; has never been censured or had other disciplinary action taken; has not had an application for licensure denied; and has not refused to practice a profession or vocation for which the service member seeks licensure;
(2) Has not been disciplined by a licensing or credentialing entity in another jurisdiction; is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing or credentialing entity in another jurisdiction; and has not surrendered membership on any professional staff in any professional association, society, or faculty of another state or licensing jurisdiction while under investigation or to avoid adverse action for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action in this State;
(3) Pays any fees required by the licensing authority of this State; and
(4) Submits with the application a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate. Upon receiving the affidavit, the licensing authority shall issue the license to the service member and may revoke the license at any time if the information provided in the application is found to be false.
The licensing authority shall accept the results of the passage of a national or regional examination, where required, for a license; provided that a certificate or other evidence satisfactory to the licensing authority of the service member's having passed a national or regional examination shall be provided by the service member to the licensing authority.
(b) Unless otherwise provided by law, an applicant for licensure by endorsement or licensure by reciprocity who is a service member may demonstrate competency in a specific profession or vocation as determined by the licensing authority in lieu of a requirement that the applicant has worked or practiced in that profession or vocation for a specified period of time prior to the application for licensure by endorsement or licensure by reciprocity.
(c) The licensing authority shall expedite consideration of the application and issuance of a license by endorsement, license by reciprocity, or temporary license to a service member who meets the requirements of subsection (a) or (b).
(d) The requirements of this section shall not be applicable to applications for licensure by medical doctors, dentists, certified public accountants, or applications for licensure submitted to a licensing authority that is subject to specific provisions regulating licensure by endorsement or licensure by reciprocity pursuant to another chapter.
(e) For purposes of this section, "service member" means an individual who:
(1) Has been given an honorable discharge or general (under honorable conditions) discharge from active duty within two years of applying for licensure by endorsement or licensure by reciprocity; and
(2) Provides a copy of the individual's most recent retirement, separation, or discharge document that indicates an honorable discharge or general (under honorable conditions) discharge from active duty."
SECTION 3. Act 248, Session Laws of Hawaii 2012, is amended as follows:
1. By amending section 1 to read:
"SECTION 1. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to read as follows:
"§436B- Licensure; acceptance of military education, training, or service. Notwithstanding any law to the contrary, every licensing authority subject to this chapter, upon presentation of satisfactory evidence by an applicant, shall consider relevant education, training, licensure examinations, or service completed by an individual as a member of the armed forces or reserves of the United States, the national guard of any state, the military reserves of any state, or the navy militia of any state; provided that the individual shall:
(1) Have been given an honorable discharge or general (under honorable conditions) discharge from active duty within two years of applying for licensure; and
(2) Provide a copy of the individual's most recent retirement, separation, or discharge document that indicates an honorable discharge or general (under honorable conditions) discharge from active duty,
as part of the evaluation process toward the qualification requirements to receive the license. Evidence presented for consideration for fulfillment or partial fulfillment of licensing requirements shall demonstrate substantial equivalency to state standards. The requirements of this section shall not be applicable to applications for licensure by medical doctors, dentists, or certified public accountants.""
2. By amending section 4 to read:
"SECTION 4. This Act shall take effect on July 1,
2012[, and shall be repealed on June 30, 2022]."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Professional and Vocational Licensing; Military Education, Training, or Service; Licensure
Description:
Clarifies and establishes various professional and vocational licensing requirements for military veterans. Effective July 1, 2050. (SB506 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
