STAND. COM. REP. NO. 3136

Honolulu, Hawaii

RE:    H.B. No. 2258

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 2258, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING,"

begs leave to report as follows:

     The purpose and intent of this measure is to require professional and vocational licensing authorities to consider military education, training, or service toward the qualifications for a license and to adopt rules accordingly.

     Your Committee received testimony in support of this measure from The Chamber of Commerce of Hawaii; Oahu Veterans Center; and Military Officers Association of America, Hawaii Chapter.  Your Committee received testimony in opposition to this measure from the Hawaii State Center for Nursing.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and United States Department of Defense State Liaison Office.

     Your Committee finds that service members who leave the military often experience delays finding post-service employment.  Transitioning service members leave the military with documented 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.

     Your Committee 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 and encourage all sectors of society to recognize the service and sacrifice of military veterans.  Your Committee concludes that Hawaii should be a part of this nationwide effort.

     Your Committee understands that every licensing authority in the State has its own statutes and rules, with specific requirements for licensure.  Your Committee notes that this measure is not intended to require state licensing authorities to accept any military education, training, or service regardless of whether the education, training, or service has any relevance to the specific licensing area.  Rather, this measure is intended to support military veterans by recognizing that the military education, training, or service that veterans receive while employed in the United States Armed Forces or Reserves is substantially equal to some of the requirements mandated by the State for obtaining certain licenses.

     Your Committee notes that the companion to this measure, S.B. No. 2392, S.D. 1, which was previously passed by the Senate, contains similar language that requires professional and vocational licensing authorities to consider military education, training, or service toward the qualification requirements to receive a license.  S.B. No. 2392, S.D. 1, additionally requires the Licensing Administrator of the Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs to communicate the intent and parameters of the measure to each licensing authority and report plans for implementation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013.

     Your Committee additionally finds that the language in S.B. No. 2392, S.D. 1, is preferable because it was developed collaboratively by the United States Department of Defense and the Department of Commerce and Consumer Affairs and contains a reporting requirement that will allow the implementation of the requirements of the measure to be appropriately monitored.

     Accordingly, your Committee has amended this measure by:

     (1)  Replacing its contents with the contents of S.B. No. 2392, S.D. 1;

     (2)  Inserting an effective date of July 1, 2012;

     (3)  Inserting a sunset date of June 30, 2022; and

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2258, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2258, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair