BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1904
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          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.









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          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 








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          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 








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          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 








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          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