HOUSE BILL REPORT

HB 2354

As Reported by House Committee On:

Consumer Protection & Business

Title: An act relating to expediting professional licenses for new Washington residents.

Brief Description: Expediting professional licenses for new Washington residents.

Sponsors: Representatives Vick, Hoff, Harris, Thai, Gildon, Wylie and Volz.

Brief History:

Committee Activity:

Consumer Protection & Business: 1/22/20, 1/28/20 [DPS].

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 13 members: Representatives Kirby, Chair; Vick, Ranking Minority Member; Hoff, Assistant Ranking Minority Member; Barkis, Blake, Duerr, Dufault, Johnson, J., Ryu, Santos, Volz, Walen and Ybarra.

Staff: Serena Dolly (786-7150).

Background:

The Department of Licensing (DOL) regulates a number of businesses and professions.  For regulated professions, the DOL issues licenses and ensures compliance with professional standards and laws.  Examples of professions regulated directly by the DOL or in coordination with a board or commission include:

• architects;

• cosmetologists;

• funeral directors;

• real estate brokers; and

• security guards.

Requirements for a professional license, certificate, registration, or permit vary considerably.  Some professions may require:

• college level coursework;

• experience;

• an examination;

• some type of background check;

• a surety bond, insurance, or other minimum financial standards;

• minimum safety standards;

• continuing education for licensees; or

• duties of care for clients.

Many professions have provisions for some form of reciprocity or consideration of experience from other states or military service.  In addition, the DOL and other licensing authorities must expedite the issuance of a broad range of professional licenses, certificates, registrations, or permits for qualified military spouses.

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Summary of Substitute Bill:

The DOL must establish procedures to expedite the issuance of a license, certificate, or permit to perform professional services to a person who is certified or licensed to perform professional services in another state.

The procedures must include a process for issuing the person a license, certificate, registration, or permit, if, in the opinion of the DOL, the requirements for licensure, certification, registration, or obtaining a permit of the other state are substantially equivalent to the requirements of this state.

The DOL must adopt rules authorizing a qualified person to perform the regulated services by issuing the person a temporary license, certificate, registration, or permit unless the DOL finds that the requirements for a license, certificate, registration, or permit of the other state are substantially unequal to the standards of this state. A temporary license, certificate, registration, or permit allows a qualified person to perform the regulated services while completing any specific requirements required in this state that were not required in the other state or states.

An applicant must state in the application that he or she:

• has requested verification that he or she is currently licensed, certified, registered, or has a permit from the other state or states; and

• is not the subject of a pending investigation, charges, or disciplinary action by the regulatory body of the other state or states.

If the DOL has reasonable cause to believe that an applicant made a false assertion concerning one of the required application statements, the DOL may suspend the license, certificate, registration, or permit pending an investigation or further disciplinary action or revocation.

Any license in which there exists an agreement with a national organization to facilitate reciprocal professional licensing of an individual licensed in another state is excluded from the expedited licensing requirements.

Substitute Bill Compared to Original Bill:

The expedited licensing requirements for the DOL are added as a new chapter to Title 18 RCW, in addition to being included as a new section to chapter 43.24 RCW.

Any license in which there exists an agreement with a national organization to facilitate reciprocal professional licensing of an individual licensed in another state is excluded from the expedited licensing requirements.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill gives the DOL a tool to expedite licenses for people moving to the state. Licensed professionals from other states should be able to come to Washington and get to work. It does not change or waive state requirements and requires substantial equivalency for the other state's requirements. Licensees would be licensed in Washington and would have to meet any continuing education or other requirements.

(Opposed) None.

(Other) Arizona recently passed similar legislation that required a person to be licensed in another state for one year. This bill will help a lot of military families. The DOL will implement this legislation if passed by the Legislature. Architects and engineers have concerns, are still reviewing this legislation, and may be able to get to neutral.

Persons Testifying: (In support) Representative Vick, prime sponsor; and Patrick Connor, National Federation of Independent Business.

(Other) Todd Myers, Washington Policy Center; Beau Perschbacher, Washington State Department of Licensing; and Cliff Webster, Architects and Engineers Legislative Council.

Persons Signed In To Testify But Not Testifying: None.