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AB-349 Civil service: veterans’ preferences: special immigrant visas.(2017-2018)

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Date Published: 03/22/2017 09:00 PM
AB349:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 349


Introduced by Assembly Members McCarty, Gonzalez Fletcher, and Nazarian

February 08, 2017


An act to add Section 117 to the Business and Professions Code, relating to professions and vocations. amend Section 18973 of the Government Code, relating to civil service.


LEGISLATIVE COUNSEL'S DIGEST


AB 349, as amended, McCarty. Department of Consumer Affairs: applicants for licensure: Civil service: veterans’ preferences: special immigrant visas.
Existing law defines the term “veteran” for purposes of provisions of the State Civil Service Act that require that, whenever any veteran, widow or widower of a veteran, or spouse of a 100% disabled veteran achieves a passing score on an entrance examination, he or she be ranked in the top rank of the resulting civil service eligibility list, unless the veteran was dishonorably discharged or released, as any person who has served full time in the Armed Forces in time of national emergency or state military emergency or during any expedition of the Armed Forces and who has been discharged or released under conditions other than dishonorable.
This bill would expand the definition of “veteran” for these purposes to include any person who assisted the United States military and was issued a specified special immigrant visa.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law prohibits a board within the department from denying licensure to an applicant based on his or her citizenship status or immigration status. At the time of issuance of the license, existing law requires individual applicants to these boards to provide a taxpayer identification number or social security number.

This bill, on and after July 1, 2018, would require a board within the department to expedite, and would authorize a board to assist with, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant was issued a specified special immigrant visa. The bill, on and after July 1, 2018, would additionally require such a board to accept a special immigrant visa case number if the applicant is an individual for licensure application purposes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18973 of the Government Code is amended to read:

18973.
 For purposes of this article, the following definitions shall apply:
(a) “Veteran” has the same meaning as defined in Section 18540.4. means any person who has served full time in the Armed Forces in time of national emergency or state military emergency or during any expedition of the Armed Forces and who has been discharged or released under conditions other than dishonorable or any person who assisted the United States military and was issued a special immigrant visa pursuant to Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) or Section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).
(b) “Disabled veteran” has the same meaning as defined in Section 18541. means any veteran as defined in subdivision (a) who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the Armed Forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration.
(c) “100 percent disabled veteran” means any veteran as defined in this section who is currently declared by the United States Veterans Administration to be 100 percent disabled as a result of his or her service.

SECTION 1.Section 117 is added to the Business and Professions Code, to read:
117.

(a)Notwithstanding any other law, on and after July 1, 2018, a board within the department shall expedite, and may assist with, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant was issued a special immigrant visa pursuant to Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) or the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181 of January 28, 2008).

(b)Notwithstanding subdivision (a) of Section 30, on and after July 1, 2018, a board within the department shall accept a special immigrant visa case number if the applicant for initial licensure is an individual.

(c)A board may adopt regulations necessary to administer this section.