Introduced Version
House Bill 4151 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4151
(By Mr. Speaker, (Mr. Miley) and Delegate Armstead)
[By Request of the Executive]
[Introduced January 14, 2014; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §30-1-6a and §30-1-6b of the Code of West
Virginia, 1931, as amended; and to further amend said code by
adding thereto a new article, designated §30-1B-1, §30-1B-2,
§30-1B-3, §30-1B-4 and §30-1B-5, all relating to professional
licensing requirements for certain military members and their
spouses; making legislative findings; providing for liberal
construction of article; requiring certain boards to consider
military education, training and experience upon application
for
licensure, certification or registration
; providing boards with
rule-making authority; allowing certain military members and
their spouses to renew state licenses for six months when out
of state on active duty; allowing spouses of military members
to obtain a temporary professional license under certain
conditions; providing a one-time waiver of renewal fee;
providing boards with rule-making authority; and requiring boards to collect certain data on applications for licensure.
Be it enacted by the Legislature of West Virginia:
That §30-1-6a and §30-1-6b of the Code of West Virginia, 1931,
as amended, be repealed; and that said code be further amended by
adding thereto a new article, designated §30-1B-1, §30-1B-2,
§30-1B-3, §30-1B-4 and §30-1B-5, all to read as follows:
ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR
SPOUSES.
§30-1B-1. Legislative findings and declarations; rule of
construction.
_____(a) The Legislature finds that:
_____(1) In recognition of the enormous sacrifices made by members
of the Armed Forces of the United States of America and their
families in voluntary service to this state and our nation, the
citizens of West Virginia must endeavor to find new and innovative
ways to improve the lives of military families and support their
personal and professional growth;
_____(2) Many current and former members of the United States Armed
Forces have acquired extensive academic, professional and
occupational training and experience in various professions and
occupations while serving in the Armed Forces, comparable to or
exceeding that required in this state to register for examination
or qualify for licensure, certification or registration for similar or related occupations and professions;
_____(3) Military families are ten times more likely to move from
one state to another than their civilian counterparts, and 35% of
military spouses work in professions that require state licenses,
certifications or registrations;
_____(4) Armed forces members who return to this state after being
called to active duty service, and spouses accompanying armed
forces members outside of this state or to this state for active
duty, are frequently delayed in beginning employment as
professionals because of issues with obtaining licenses,
certifications or registrations upon arrival or return to West
Virginia;
_____(5) The boards in this chapter have the particular expertise
necessary to evaluate and determine the adequacy of military
education, training and experience for licensure, certification or
registration and to adopt procedures that ease the burden of
transition for military families through waivers, temporary
licensing, or otherwise, while ensuring competency of professionals
and protecting the citizens of the state from harm.
_____(b) This article shall be liberally construed to effectuate
its purposes in the light of these findings and declarations.
§30-1B-2. Consideration of military education, training and
experience for licensure or registration, generally.
_____(a) Except as provided in subsection (c) of this section, and notwithstanding any law to the contrary, all boards referred to in
this chapter shall, upon presentation of satisfactory evidence by
an applicant for licensure, certification or registration, consider
education, training or experience of an individual as a member of
the Armed Forces or Reserves of the United States, the National
Guard of any state, or the military reserves of any state, as part
of the evaluation process toward the qualifications to receive, or
take examination for, that respective professional license,
certification or registration.
_____(b) Boards referred to in this chapter may propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code as are necessary to
implement the provisions of this section. The proposed rules shall
establish criteria or requirements for military education, training
and experience that qualify the applicant to take an examination
for licensure, certification or registration or for a waiver of any
examination requirement to be licensed, certified or registered.
_____(c) The provisions of this section do not apply to the boards
referred to in this chapter whose license, certification, or
registration requirements are subject to the provisions of article
twenty-four of this chapter.
§30-1B-3. Licensure, certification or registration of persons and
spouses of persons on military active duty outside
this state; extension of licenses or registration; waiver of certain license, certification or
registration requirements.
__(a) During periods when the licensee, certificate holder or
registrant is on active duty as a member of the Armed Forces of the
United States, the National Guard of this state or any other state,
or any other military reserve component and deployed outside of
this state, and for six months after discharge from active duty,
the license, certification or registration of a person regulated by
a board in this chapter shall continue in good standing and shall
be renewed without payment of any dues or fees for the maintenance
or renewal of the license, certification or registration, and
without meeting continuing education requirements for the license,
certification or registration, when circumstances associated with
military duty prevent the individual from obtaining the required
continuing education.
__(b) The licensee shall submit a waiver request to the
appropriate board, informing the board of circumstances which
include, but are not limited to, deployment outside of the United
States or in any combat area and verify that the individual
performs the licensed, certified or registered profession or
occupation as part of his or her military duties as annotated in
Defense Department Form 214 (DD214).
__(c) During periods when the licensee, certificate holder or
registrant is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National
Guard of this state or any other state or any other military
reserve component and deployed outside of this state, and for six
months after discharge from active duty, the license, certification
or registration of that person regulated by a board referred to in
this chapter, shall continue in good standing and shall be renewed
without payment of any dues or fees for the maintenance or renewal
of the license, certification or registration, and without meeting
continuing education requirements for the license certification or
registration when circumstances associated with accompanying a
spouse on military duty prevent the individual from obtaining the
required continuing education.
__(d) The licensee shall submit a waiver request to the
appropriate board informing the board of these circumstances which
include, but are not limited to, deployment outside of the United
States or in any combat area.
§30-1B-4. Temporary licensure, certification or registration of
spouses of persons on military active duty moving
into the state; waiver of certain license,
certification or registration fees.
__(a) Notwithstanding any other statute to the contrary, the
spouse of an active duty member of the Armed Forces of the United
States shall be issued a temporary license, certification or
registration by a board in this chapter within thirty days upon submitting the following to the board:
__(1) A completed application for temporary license,
certification or registration, as developed by the board;
__(2) The required application fee;
__(3) Proof that the applicant is married to a member of the
Armed Forces of the United States who is on active duty;
__(4) Proof that the applicant holds a valid license,
certification or registration for the profession issued by another
state, the District of Columbia, or a possession or territory of
the United States; and
__(5) Proof that the applicant or the applicant's spouse is a
resident in this state.
__(b) Notwithstanding subsection (a) of this section, a board
may require the applicant to submit to a criminal background check,
to be paid for by the applicant, and the board may deny a request
for a temporary license if the criminal background check provides
reason to believe that the applicant does not meet the licensing
requirements of the board or presents a safety risk to the public.
__(c) A temporary license expires six months after the date of
issuance and is not renewable.
__(d) An applicant under this section may submit an application
for waiver of the temporary license application fee, as proscribed
by the board, and this waiver shall be granted if the applicant has
paid a fee for his or her previous license, certification, or registration in another state, the District of Columbia, or a
possession or territory of the United States, within six months of
submitting the temporary license application to this state. The
applicant shall provide proof of the timing and amount of the
previous payment.
§30-1B-5. Legislative rule-making authority; data collection.
__(a) Boards referred to in this chapter may propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code as are necessary to
implement the provisions of this article while ensuring competency,
protecting the citizens of this state from harm, and dealing with
issues specific to each profession.
__(b) Boards referred to in this chapter shall collect data
about whether an applicant's spouse is an active duty member of the
Armed Forces of the United States on all application forms for
licensure.
NOTE: This bill creates a new article relating to military
members and their spouses who obtain licensure through professional
boards and transfers current code sections relating to the adequacy
of military education, training, and experience and the maintenance
of state licenses for out-of-state active duty members and their
spouses to this article. The bill also permits spouses of active
duty military members who move into the state to receive a
temporary license, provides a waiver of application fees for some
military spouses, provides rule-making authority for Chapter 30
professional licensing boards to implement these changes, and
requires these boards to collect certain data.
§30-1B-1, §30-1B-2, §30-1B-3, §30-1B-4 and §30-1B-5 are new; therefore, it has been completely underscored.