BILL ANALYSIS Ó AB 1904 Page 1 Date of Hearing: March 27, 2012 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair AB 1904 (Block) - As Introduced: February 22, 2012 SUBJECT : Professions and vocations: military spouses: temporary licenses. SUMMARY : Authorizes a board under the Department of Consumer Affairs (DCA) to issue a temporary license to the spouse or domestic partner of a military member on active duty. Specifically, this bill : 1)Authorizes a board under DCA to issue a temporary license to the spouse or domestic partner of a military member on active duty if the applicant meets all the following conditions: a) Submits the required application, fees, and fingerprints to the board; b) Provides satisfactory proof that the applicant is the spouse or domestic partner of an active duty member of the United States (U.S.) Armed Forces, as specified; c) Holds a current license in another U.S. state, district, or territory, and the board determines that those licensure requirements are substantially equivalent to state requirements; d) Has not committed an act that constitutes grounds for license denial, suspension, or revocation, as specified; and, e) Has not been disciplined, nor is the subject of an unresolved complaint, review procedure, or disciplinary action by a licensing entity in another jurisdiction. 2)Authorizes the board to adopt regulations necessary to administer the provisions of this bill. 3)Requires a board to expedite the issuance of a temporary license under this bill. AB 1904 Page 2 4)Provides that the temporary license shall be valid for 180 days, and allows the board, at its discretion, to extend the temporary license for an additional 180 days. EXISTING LAW : 1)Provides for the licensing and regulation of various professions and businesses by 26 boards, eight bureaus, and one commission within DCA under various licensing acts within the Business and Professions Code (B&P Code). 2)Authorizes members of the California National Guard or the U.S. Armed Forces to reinstate their professional license without examination or penalty if their license expired while the licensee was on active duty. 3)Defines "board" to mean a board, bureau, commission, committee, department, division, examining committee, program, or agency. 4)Defines "license" to mean a license, certificate, registration, or other means to engage in a business or profession regulated by the B&P Code. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "State licensing and certification requirements are intended to ensure that practitioners meet a minimum level of competency. Because each state sets its own licensing requirements, these requirements often vary across state lines. Consequently, the lack of license portability - the ability to transfer an existing license to a new state with minimal application requirements - can impose significant administrative and financial burdens on licensed professionals when they move across state lines. Because military spouses hold occupational licenses and often move across state lines, the patchwork set of variable and frequently time-consuming licensing requirements across states disproportionately affect these families. The result is that too many military spouses looking for jobs that require licenses are stymied in their efforts. "Because of these delays and the expense involved in AB 1904 Page 3 re-licensure, many spouses decide not to practice in their professions. This is a financial and career choice issue for military members and their spouses, impacting their desire to stay in the military. A spouse's employment plays a key role in the financial and personal well-being of military families, and their job satisfaction is an important component of the retention of service members. Without adequate support for military spouses and their career objectives, the military could have trouble retaining service members." Background . On January 24, 2011, U.S. President Barack Obama presented Strengthening Our Military Families: Meeting America's Commitment, a document urging agencies to support and improve the lives of military families. The President remarked, "We're redoubling our efforts to help military spouses pursue their educations and careers? We're going to help spouses get that degree, find that job, or start that new business." As a result of the President's directive, the U.S. Department of Treasury (U.S. Treasury) and the U.S. Department of Defense (DOD) issued a joint report to highlight the impact of state occupational licensing requirements on the careers of military spouses, who frequently move across state lines. Released in February 2012, the report, "Supporting our Military Families: Best Practices for Streamlining Occupational Licensing Across State Lines" revealed that approximately 35% of military spouses work in professions that require state licenses or certification and that military spouses are ten times more likely to have moved to another state in the last year compared to their civilian counterparts. The report highlighted the employment status of military spouses and the correlation to their spouse's decision to remain active in the military: "More than half of all active duty military personnel are married, and 91% of employed military spouses indicated that they wanted to work and/or needed to work. Research suggests that Ýspousal] dissatisfaction with the ability to pursue career objectives may hinder re-enlistment. Not only are military spouses highly influential regarding re-enlistment decisions, but more than two-thirds of married service members reported that their decision to re-enlist was largely or moderately affected by their spouses' career prospects?" The report also listed jobs military spouses commonly accepted AB 1904 Page 4 and revealed how licensing requirements impacted employment opportunities: "Teaching is the most common occupation among military spouses, followed by child care services, and nursing. While many of the common occupations among military spouses are not licensed, some of the most popular professions, including teaching and nursing, do require licensure. In a 2008 Defense Manpower Data Center survey of active duty military spouses, participants were asked what would have helped them with their employment search after their last military move. Nearly 40% of those respondents who have moved indicated that 'easier state-to-state transfer of certification' would have helped them." As a result of the survey, the U.S. Treasury and DOD issued several recommendations, including the authorization of temporary licenses for military spouses if the applicant met state requirements. The report's recommendation specified: "Temporary licenses allow applicants to be employed while they fulfill all of the requirements for a permanent license, including examinations or endorsement, applications and additional fees. In developing expedited approaches that save military spouses time and money, DOD does not want to make licensure easier for military spouses to achieve at the expense of degrading their perceived value in their profession." Support . According to the DOD State Liaison Office, "Over 70% of our military spouses say they want to work or need to work. Military families are not unlike their civilian counterparts; they depend on two incomes, and like anyone else, want to achieve their goals and aspirations. The annual percentage of the military spouse population that moves across state lines is 14.5% compared to 1.1% for civilian spouses. Military spouses also usually move every two to three years. These statistics make it clear that we are dealing with a unique population. "The DOD State Liaison Office conducted an informal study to identify some of the barriers hindering military spouses from attaining licenses following a military move. In a review of 20 states, using the top five highest professions in demand, according to the U.S. Department of Labor, the licensing timeline was delayed up to six months due to the exam process, application process, or requirement for background checks. We realize that the boards can make evaluation a lengthy process, which is exactly why we are requesting the licensing process be expedited for our spouses who may only have two to three years AB 1904 Page 5 to work in California. If a spouse has to wait six or more months for review, state exams, and processing, they have very limited time to search for employment. Military spouses would be at an unfair disadvantage when it comes to finding employment. These delays in employment can cause significant hardship on the military family because of loss of needed income." Related Legislation . AB 1588 (Atkins) of 2012, would require boards under DCA to waive professional license renewal fees and continuing education requirements for military reservists called to active duty. This bill is currently pending in the Assembly Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support Department of Defense State Liaison Office Opposition None on file. Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301