House Bill 1009 — Military Spouse Employment Act (Washington, 2023 Regular Session)

Summary

House Bill 1009 (H-0110.1) of the State of Washington 68th Legislature, 2023 Regular Session, by Representatives Leavitt, Barkis and Ryu, among others, prefiled 12/06/22, read first time 01/09/23 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The act, relating to military spouse employment, amends RCW 18.340.020 and 73.04.150. It directs each authority to expedite licenses for a person licensed in another state whose spouse is the subject of a military transfer to Washington, issued within 30 days of a completed application, with a temporary license of no less than 180 days. Section 8 directs a demonstration campaign to increase military spouse employment.

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Full text

     H-0110.1

                                HOUSE BILL 1009


     State of Washington       68th Legislature       2023 Regular Session

     By Representatives Leavitt, Barkis, Ryu, Paul, Donaghy, Slatter,
     Simmons, Low, Volz, Schmidt, Christian, Lekanoff, Griffey, Doglio,
     Robertson, Orwall, Caldier, Reeves, Bronoske, Bergquist, Shavers,
     Riccelli, and Ormsby

     Prefiled 12/06/22. Read first time 01/09/23. Referred to Committee
     on Innovation, Community & Economic Development, & Veterans.




1        AN ACT Relating to military spouse employment; amending RCW
2    18.340.020 and 73.04.150; adding new sections to chapter 18.340 RCW;
3    adding a new section to chapter 28A.410 RCW; adding a new section to
4    chapter 43.60A RCW; adding a new section to chapter 38.42 RCW; and
5    creating new sections.


 6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 7       NEW SECTION.   Sec. 1.   This act may be known and cited as the
 8   military spouse employment act.

 9       NEW SECTION.   Sec. 2.   The legislature finds that the lives of
10   military   spouses  are   dominated   by  frequent   deployments  and
11   relocations, and one-third of military families move each year. Many
12   military families depend on two incomes, and military spouses tend to
13   be better educated than the civilian population, with approximately
14   34 to 50 percent working in fields that require a professional
15   license. The length of time to credential after a move is a
16   significant employment barrier, with one study finding 20 percent of
17   military spouses waited at least 10 months for a license after moving
18   to a new state. This wait contributes to higher rates of unemployment
19   or underemployment for military spouses when compared to their
20   civilian counterparts. Given the fiscal and economic constraints of
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1    military families and the readiness considerations of the department
2    of defense, the legislature intends to help alleviate the career
3    turmoil military spouses face while serving in our state.


 4       NEW SECTION. Sec. 3. A new section is added to chapter 18.340
 5   RCW to read as follows:
 6       The definitions in this section apply throughout this chapter
 7   unless the context clearly requires otherwise.
 8       (1) "Authority" means any agency, board, commission, or other
 9   authority for issuance of a license, certificate, registration, or
10   permit under this title. "Authority" does not include the department
11   of labor and industries.
12       (2) "License" means a license, certificate, registration, or
13   permit to perform professional services.


14       Sec. 4.   RCW 18.340.020 and 2011 2nd sp.s. c 5 s 2 are each
15   amended to read as follows:
16       (1) ((For the purposes of this section, "authority" means any
17   board, commission, or other authority for issuance of a license,
18   certificate, registration, or permit under this title.
19       (2) To the extent resources are available:
20       (a))) Each authority shall establish procedures to expedite the
21   issuance of a license((, certificate, registration, or permit to
22   perform professional services)) regulated by each such authority to a
23   person:
24       (((i))) (a) Who is ((certified or)) licensed, certified, or
25   registered, or has a permit in another state to perform professional
26   services in that state; and
27       (((ii))) (b) Whose spouse is the subject of a military transfer
28   to Washington((; and
29       (iii) Who left employment in the other state to accompany the
30   person's spouse to Washington)).
31       (((b))) (2) The procedure must include a process for issuing the
32   person a license((, certificate, registration, or permit, if, in the
33   opinion   of   the   authority,  the   requirements    for licensure,
34   certification, registration, or obtaining a permit of such other
35   state are substantially equivalent to that required in Washington))
36   within 30 days of submitting a completed application.
37       (((c))) (3) Each authority in this title shall develop a method
38   and adopt rules to authorize a person who meets the criteria in
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 1   (((a)(i) through (iii) of)) this ((subsection)) section to perform
 2   services regulated by the authority in Washington by issuing the
 3   person a temporary license((, certificate, registration, or permit))
 4   within 30 days of submitting a completed application. The license may
 5   be issued for a limited period of time of no less than 180 days to
 6   allow the person to perform services regulated by the authority while
 7   completing any specific additional requirements in Washington that
 8   are not related to training or practice standards of the profession
 9   that were not required in the other state in which the person is
10   licensed, certified, or registered, or has a permit. Nothing in this
11   section requires the authority to issue a ((temporary)) license((,
12   certificate, registration, or permit)) if the standards of the other
13   state are substantially unequal to Washington standards.
14       (((d))) (4) An applicant must state in the application that ((he
15   or she)) the applicant:
16       (((i))) (a) Has requested verification from the other state or
17   states that the person is currently licensed, certified, registered,
18   or has a permit; and
19       (((ii))) (b) Is not subject to any pending investigation,
20   charges, or disciplinary action by the regulatory body of the other
21   state or states.
22       (((e))) (5) If the authority finds reasonable cause to believe
23   that an applicant falsely affirmed or stated either of the
24   requirements under (((d)(i) or (ii) of this)) subsection (4)(a) or
25   (b) of this section, the authority may summarily suspend the
26   license((,   certificate,  registration,   or   permit)) pending  an
27   investigation or further action to discipline or revoke the
28   license((, certificate, registration, or permit)).

29       NEW SECTION. Sec. 5. A new section is added to chapter 18.340
30   RCW to read as follows:
31       (1) Each authority must identify a contact or coordinator within
32   the authority to assist military spouse applicants and licensees.
33       (2) Each authority must provide training to each board or
34   commission member on the culture of military spouses, the military
35   spouse experience, and issues related to military spouse career
36   paths. Board or commission members appointed on or before October 1,
37   2023, must complete the training by January 1, 2024. Board or
38   commission members appointed after October 1, 2023, must complete the
39   training within 90 days after appointment. The department of veterans
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 1   affairs shall create an internet-based training that may be used by
 2   each authority to satisfy this requirement.
 3       (3) Each authority is encouraged to:
 4       (a) Appoint a military spouse to serve on its licensing board or
 5   commission;
 6       (b) Conduct a review of the authority's licensing application
 7   process for military spouses and identify barriers to military spouse
 8   employment; and
 9       (c) Review licensing fees and related expenses and identify
10   possible ways to reduce costs for military spouses.


11       NEW SECTION. Sec. 6. A new section is added to chapter 18.340
12   RCW to read as follows:
13       (1) The employment security department, the department of health,
14   the department of licensing, and the department of veterans affairs
15   shall each maintain a military spouse assistance web page containing,
16   at a minimum:
17       (a) Each authority's rules and procedures, including any required
18   fees, related to the licensing of military spouses;
19       (b) Contact information for each authority's military spouse
20   contact or coordinator; and
21       (c) Links to the military spouse assistance web pages of other
22   agencies.
23       (2) A direct link to the agency's military spouse assistance web
24   page must be displayed on the agency's home page.


25       NEW SECTION. Sec. 7. A new section is added to chapter 28A.410
26   RCW to read as follows:
27       The agency responsible for educator certification shall, as set
28   forth in chapter 18.340 RCW:
29       (1) Adopt rules for expedited professional certification for
30   military spouses;
31       (2) Identify a contact or coordinator to assist military spouse
32   applicants and licensees;
33       (3) Provide training to each board member on the culture of
34   military spouses, the military spouse experience, and issues related
35   to military spouse career paths; and
36       (4) Maintain a military spouse assistance web page.



                                     p. 4                          HB 1009
 1       NEW SECTION. Sec. 8. A new section is added to chapter 43.60A
 2   RCW to read as follows:
 3       (1) The department, the employment security department, and the
 4   department of commerce shall consult local chambers of commerce,
 5   associate development organizations, and businesses to initiate a
 6   demonstration campaign to increase military spouse employment. This
 7   campaign may include partnerships with chambers of commerce that
 8   result in business owners sharing, with the local chamber of
 9   commerce, information on the number of military spouses employed and
10   the local chambers of commerce providing this information to the
11   department.
12       (2) Participants in the campaign are encouraged to work with the
13   Washington state military transition council and county veterans'
14   advisory boards under RCW 73.08.035.
15       (3) Funding for the campaign shall be established from existing
16   resources.
17       (4) For the purposes of this section, "military spouse" means any
18   person married or previously married to a military service member,
19   irrespective of the length of the marriage, during the military
20   service member's service in any branch of the United States armed
21   forces as an active duty service member, reservist, or national guard
22   member.


23       NEW SECTION.   Sec. 9.   A new section is added to chapter 38.42
24   RCW to read as follows:
25       (1) The spouse of a service member may terminate an employment
26   contract without penalty at any time after the service member
27   receives military service orders for a permanent change of station
28   if:
29       (a) The spouse provides written notice, including email, to the
30   employer of the termination under this section; and
31       (b) The spouse provides written proof to the employer of the
32   official orders showing that the service member has received military
33   orders for a permanent change of station.
34       (2) Termination of an employment contract under this section is
35   effective on the day notice is given under subsection (1) of this
36   section or on a date mutually agreed to by the parties to the
37   employment contract.
38       (3) An employer may not impose any penalty for termination of an
39   employment contract under this section.
                                     p. 5                          HB 1009
 1       (4) For purposes of this section:
 2       (a) "Employment contract" means a contract that establishes the
 3   terms of employment or other professional relationship with the
 4   spouse of a service member. "Employment contract" does not include an
 5   independent contractor agreement.
 6       (b) "Penalty" means any fee or cost or liability for breach of
 7   contract or any other adverse consequence imposed by the employer.
 8       (5)    This   section   applies   prospectively   only   and   not
 9   retroactively. It applies only to employment contracts entered into
10   on or after the effective date of this section.
11       (6) Nothing in this section shall be construed as altering the
12   terms,   conditions,   or  practices   contained  in   any  collective
13   bargaining agreement in effect on the effective date of this section
14   until the expiration date of such agreement.


15       Sec. 10.   RCW 73.04.150 and 2017 c 184 s 1 are each amended to
16   read as follows:
17       (1) There is hereby created a joint committee on veterans' and
18   military affairs. The committee shall consist of: (a) Eight members
19   of the senate appointed by the president of the senate, four of whom
20   shall be members of the majority party and four of whom shall be
21   members of the minority party; and (b) eight members of the house of
22   representatives appointed by the speaker, four of whom shall be
23   members of the majority party and four of whom shall be members of
24   the minority party. Members of the committee shall be appointed
25   before the close of the 2005 legislative session, and before the
26   close of each regular session during an odd-numbered year thereafter.
27       (2) Each member's term of office shall run from the close of the
28   session in which he or she was appointed until the close of the next
29   regular session held in an odd-numbered year. If a successor is not
30   appointed during a session, the member's term shall continue until
31   the member is reappointed or a successor is appointed. The term of
32   office for a committee member who does not continue as a member of
33   the senate or house of representatives shall cease upon the convening
34   of the next session of the legislature during an odd-numbered year
35   after the member's appointment, or upon the member's resignation,
36   whichever is earlier. Vacancies on the committee shall be filled by
37   appointment in the same manner as described in subsection (1) of this
38   section. All such vacancies shall be filled from the same political
39   party and from the same house as the member whose seat was vacated.
                                     p. 6                          HB 1009
 1       (3) The committee shall establish an executive committee of four
 2   members, two of whom are members of the senate and two of whom are
 3   members of the house of representatives. The executive committee
 4   shall appoint one cochair from the two executive committee members
 5   who are senators and one cochair from the two executive committee
 6   members who are representatives. The two cochairs shall be from
 7   different political parties and their terms of office shall run from
 8   the close of the session in which they are appointed until the close
 9   of the next regular session in an odd-numbered year. The executive
10   committee is responsible for performing all general administrative
11   and personnel duties assigned to it in the rules and procedures
12   adopted by the joint committee, as well as other duties delegated to
13   it by the joint committee.
14       (4) The joint committee on veterans' and military affairs has the
15   following powers and duties:
16       (a) To study veterans' issues, active military forces issues, and
17   national guard and reserve component issues, and make recommendations
18   to the legislature; and
19       (b) To study structure and administration of the department of
20   veterans   affairs    and   the    military  department,   and   make
21   recommendations to the legislature.
22       (5) The joint committee shall adopt rules and procedures for its
23   orderly operation. The joint committee may create subcommittees to
24   perform duties under this section.
25       (6) The regulating authorities for the department of licensing
26   ((and)), the department of health, and the professional educator
27   standards board shall file reports to the legislature ((biennially
28   and the Washington state military transition council)) annually
29   beginning January 1, ((2018)) 2024, and appear annually before the
30   joint committee on veterans' and military affairs, to provide updates
31   on progress in their efforts to implement the requirements of chapter
32   18.340 RCW, chapter 32, Laws of 2011, ((and)) chapter 351, Laws of
33   2011((. By January 1, 2018, the department of labor and industries
34   and the professional educator standards board must each submit a
35   report to the legislature, including an assessment on how its
36   licensing, certification, and apprenticeship programs apply training
37   and experience acquired by military members and their spouses outside
38   of Washington, and recommendations about whether such programs should



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1   be included in the reporting schedule within this subsection)), and
2   section 6 of this act.

                                --- END ---




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