HOUSE BILL REPORT

ESSB 5969

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

December 14, 2011

Title: An act relating to procedures allowing certain military spouses to seek employment in state-licensed professional occupations after relocating to Washington.

Brief Description: Concerning the establishment of procedures for the professional licensing of military spouses after relocation to Washington.

Sponsors: Senate Committee on Government Operations, Tribal Relations & Elections (originally sponsored by Senators Kilmer, Becker, Carrell, Hobbs, Shin, Swecker, Conway, Eide, Rolfes, Harper, Kastama, Fain, Hatfield, King, Haugen, McAuliffe, Hargrove, Nelson, Tom, Pridemore, Keiser, Sheldon, Prentice, Hewitt, Zarelli, Baumgartner, Padden, Chase, Kline, Frockt, Brown, Kohl-Welles, Ranker, Murray, Regala and Parlette).

Brief History:

Committee Activity:

None.

Second Special SessionFloor Activity:

Passed House: 12/14/11, 95-0.

Brief Summary of Engrossed Substitute Bill

  • Requires an authority that issues a professional license, certificate, registration, or permit under Title 18 RCW to expedite the right of qualified military spouses transferred to this state to provide professional services.

  • Requires parallel processes for certain professions regulated outside of Title 18 RCW, including teachers.

Staff: Jon Hedegard (786-7127).

Background:

Professions in Title 18 RCW.

A number of different authorities license various businesses and professions in Title 18 RCW. A business or profession may be regulated directly by an agency or under a board or commission or other authority that may have sole or shared jurisdiction. Each regulated business and profession has a separate set of laws. Generally, businesses and professions have provisions allowing for some form of reciprocity for licensees from other states.

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

Title 18 RCW includes the regulation of a broad array of businesses and professions. In some fields, individuals are regulated. In other places, it is an entity that is regulated. Authorities that issue licenses, certificates, registrations, or permits to individuals under Title 18 RCW include the following:

Certain Professions outside of Title 18 RCW.

The DOL regulates a number of professions outside of Title 18 RCW. These include:

The Washington Professional Educator Standards Board oversees the certification of teachers in this state.

Summary of Bill:

The bill contains a number of findings about military families.

Professions in Title 18 RCW.

An "authority" is defined as any board, commission, or other authority that issues a license, certificate, registration, or permit under Title 18 RCW.

To the extent resources are available, an authority must establish procedures to expedite the issuance of a license, certificate, or permit to perform professional services to a person who:

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

Each authority must adopt rules authorizing a qualified person to perform the services regulated by that authority by issuing the person a temporary license, certificate, registration, or permit unless the authority 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:

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

Certain Professions outside of Title 18 RCW.

Parallel standards to the license, certificate, registration, or permit processes and procedures for military spouses that are applied in the bill to the professions regulated under Title 18 RCW are also specifically applied to certain professions regulated under other titles of the RCW.

The Washington Professional Educator Standards Board must develop rules for the certification of teachers in this state that are consistent with the standards in the bill for the procedures applied to the professions regulated under Title 18 RCW.

The Director of the DOL must develop rules consistent with the standards for a number of professions regulated outside of Title 18 RCW that are consistent with the standards in the bill for the procedures applied to the professions regulated under Title 18 RCW. Those specific professions are:

The departments of Licensing, Health, and Labor and Industries must brief the Joint Committee on Veterans' and Military Affairs in December 2012 regarding implementation efforts.

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Appropriation: None.

Fiscal Note: Available.

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