BILL ANALYSIS Ó
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|Hearing Date:June 10, 2013 |Bill No:AB |
| |1057 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 1057Author:Medina
As Amended:June 3, 2013 Fiscal: Yes
SUBJECT: Professions and vocations: licenses: military service.
SUMMARY: Requires licensing boards within the Department of Consumer
Affairs, beginning January 1, 2015, to ask on every application for
licensure if the individual applying for licensure is serving in, or
has previously served in, the military.
Existing law:
1)Provides for the licensure and regulation of certain businesses,
occupations, and professions by specified boards within the
Department of Consumer Affairs (DCA) created under the Business and
Professions Code (BPC).
2)Requires these boards to adopt rules and regulations to provide
methods of evaluating education, training, and experience obtained
in the armed services, if applicable to the requirements of the
business, occupation, or profession regulated, and to specify how
this education, training, and experience may be used to meet the
licensure requirements for the particular business, occupation, or
profession regulated. Requires these boards to consult with the
Department of Veterans Affairs (Cal Vet) and the California Military
Department (CMD) before adopting these rules and regulations. (BPC
§ 35)
3)Provides that any licensee or registrant of any board, commission,
or bureau within the department whose license expired while the
licensee or registrant was on active duty as a member of the
California National Guard or the United States Armed Forces, may,
upon application, reinstate his or her license or registration
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without examination or penalty, provided certain requirements are
satisfied. (BPC § 114)
4)Provides that every board within DCA shall waive the renewal fees,
continuing education requirements, and other renewal requirements as
determined by the board, if any are applicable, for any licensee or
registrant called to active duty as a member of the United States
Armed Forces or the California National Guard if all certain
requirements are met. (BPC § 114.3)
5)Requires DCA boards to expedite the licensure process for an
applicant who supplies evidence that the applicant is married to, or
in a domestic partnership or other legal union with, an active duty
member of the Armed Forces of the United States who is assigned to a
duty station in this state under official active duty military
orders and the applicant holds a current license in another state,
district, or territory of the United States in the profession or
vocation for which he or she seeks a license from a board. (BPC §
115.5)
This bill: Requires boards at DCA, beginning January 1, 2015, to ask
on every application for licensure if the individual applying for
licensure is serving in, or has previously served in, the military.
FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel.
According to the Assembly Committee on Appropriations analysis dated
April 17, 2013, this bill will result in minor and absorbable costs.
COMMENTS:
1. Purpose. The Author is the Sponsor of this bill. According to the
Author, DCA has 36 licensing programs, and each has a different
policy to address the acceptance of military education and
experience towards initial licensure. The Author states that 24
programs accept military education and experience, five programs
offer general reciprocity for out-of-state applicants, two programs
do not have education or experience requirements that would
preclude a veteran from applying, two boards do not accept military
education and experience, and three programs do not issue licenses.
The Author is concerned that despite existing provisions that
facilitate the licensure of veterans and active military members,
the majority of license applications do not ask applicants if they
serve or have previously served in the military. The Author states
that this situation results in some applicants having to
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proactively inform a licensing board if he or she is an active
military member who may be exempt from license renewal fees or
continuing education requirements, or if the individual is a
veteran eligible to apply military credit towards initial
licensure, as provided for under existing law.
The Author further states that DCA's licensing programs do not
currently track licensure approvals or denials of applicants with
military service and that given the recent amount of attention
devoted to assisting military families and veterans with obtaining
professional licensure, it may be helpful for DCA to gather
accurate data on how many applicants serve, or have served in the
military in order to better assist those applicants.
2. Veterans in California. California is home to over 1.8 million
veterans, representing 8.3 percent of the total U.S. veteran
population. Seventy-two percent of the veteran population is fifty
years of age or above, and the number of veterans 85 years of age
or older is projected to increase 20% between 2010 and 2019. The
Cal Vet anticipates receiving an additional 35,000-40,000
discharged members of the armed services each year for the next
several years - more than any other state. According to the Cal
Vet, historically, the largest demand for benefits and services for
veterans occurs immediately after discharge and again as the
veteran population ages and requires greater access to medical
facilities and long-term care services.
According to a January 2013 memorandum prepared by the Senate
Office of Research (SOR), titled Employment Opportunities for
(Semi-Skilled or Unskilled) Veterans, California does not provide a
coordinated, integrated system that streamlines employment-related
services to veterans. According to SOR, veterans find many
services fragmented and without a single point of entry. SOR also
examined the need to facilitate veterans who want to receive
licensure or certification (academic) credit for military
education, training, and experience.
3.Recent Activity on This Issue.
a) DCA Report. As part of the 2012-13 Budget Package, the
Legislature directed the DCA to prepare a report on the
implementation of BPC § 35 relating to military experience and
licensure. The DCA was specifically asked to provide a list of
boards that accept military experience and a description of the
statutes and regulations that authorize the acceptance of
military experience towards licensure. The DCA was also asked to
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provide a list of boards that do not accept military experience
and an explanation as to why they do not. (Budget Item
1110-001-XXXX)
In October 2012, DCA released its Report to the California State
Legislature: Acceptance of Military Experience & Education
Towards Licensure. According to the report, nine of DCA's
licensing programs have specific provisions in their statutes and
regulations that authorize the acceptance of military experience
or education towards licensure. Those programs include the
Bureau of Automotive Repair, Board of Barbering and Cosmetology,
Board for Professional Engineers, Land Surveyors, and Geologists,
Board of Pharmacy, Physical Therapy Board of California, Board of
Registered Nursing, Respiratory Care Board, Bureau of Security
and Investigative Services and Board of Vocational Nursing and
Psychiatric Technicians. Many more programs also have broad
discretion in approving credit earned in the military towards
licensure.
In the report, DCA outlined the top three priority vocational
areas, as identified by the CMD, based on the large number of
veterans who possess skills in these areas when leaving the
military. Specifically:
Security (Bureau of Security and Investigative
Services [BSIS])
BSIS has implemented the "Veterans Come First" program,
which helps veterans apply their military experience and
training towards part or all of the qualification
requirements for licensure. Through this program, BSIS has
already assisted nearly 400 veteran applicants obtain
licensure. As part of the program, BSIS has expedited
applications from veterans, provided veterans with direct
phone and email contact information for a BSIS staff person,
assigned staff to work one-on-one with applicants from the
military who have complex or complicated applications with
large amounts of information and experience to review and
trained staff to analyze "Certificate of Release or
Discharge from Active Duty" Papers (DD-214s) and Military
Transcripts.
Construction (Contractors' State License Board)
CSLB met with CMD and is developing a program to assist
eligible veterans to gain licensure. CSLB's objectives are
to partner with the CMD to identify the specific job
classifications in the military that would meet California's
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minimum standards for licensure, expedite the application
process for veterans, provide veterans with direct email
access to CSLB employees who have been specifically trained
in military job ranges and military classifications and to
create a website dedicated to providing members of the
military with information on how they can become a licensed
contractor.
Automotive Repair (Bureau of Automotive Repair
(BAR)
BAR has also met with CMD and is currently working on
modifying its applications to include a statement regarding
the ability of veterans to apply military experience and
training towards, providing similar information on its
website and coordinating with the CMD to determine possible
military job classifications that relate to the automotive
repair industry in order to simplify the acceptance of
military experience towards licensure. BAR also reports
that diesel-powered vehicles have recently been included in
the state's SmogCheck Program and smog inspections will be
focused on interpreting data obtained from vehicles'
on-board diagnostic systems so veterans with technical
experience in related areas like diesel-powered vehicles
will help meet the need for skilled technicians in these
specialized automotive fields.
a) BSA Audit. The Bureau of State Audits (BSA), per a request
approved in March of this year by the Joint Legislative Audit
Committee, is currently conducting a comprehensive audit of the
Employment Development Department's (EDD) effectiveness in
providing employment assistance and job training programs to
veterans. This includes determining if EDD has identified best
practices for translating military training and experience into
comparable civilian job skills and determining if EDD's strategic
plan considers the unique needs of veterans.
b) Governor's Executive Order B-9-11. In August, 2011, Governor
Brown issued Executive Order B-9-11 creating the California
Interagency Council on Veterans to improve how veterans' services
are coordinated across local, state and federal government. The
Executive Order stated that more than 30,000 veterans return to
California each year after leaving the United States Armed
Services and many of these veterans face hardships while
transitioning back into civilian life. The Executive Order also
stated that the unemployment rate for Gulf War II veterans is 42
percent higher than it is for non-veterans and approximately 25
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percent of Gulf War II veterans have a disability that is
connected to their military service, compared with approximately
13 percent of all veterans.
c) Executive Office of the President Report. A report issued by
the Executive Office of the President in February of this year,
The Fast Track to Civilian Employment: Streamlining
Credentialing and Licensing for Service Members, Veterans and
Their Spouses, outlined the unique challenges that confront
service members, military spouses and veterans in establishing
their qualifications for civilian employment, and outlines the
measures that the Administration and states have taken, and still
need to take, to ensure that the skills and abilities of these
individuals can be applied to meet employer needs while providing
good, meaningful jobs for our military families.
According to the report, since February 2012, 17 states have
passed spousal licensing legislation, bringing the overall total
to 28 states with military spouse licensure measures in place and
an additional 15 states have active spouse licensure bills. The
report stated that through collaboration with state legislators
and regulators, the Department of Defense (DOD) has worked
towards state adoption of best practice options that can expedite
the transfer of military spouse licenses that are in good
standing and are substantially equivalent: licensure through
endorsement; temporary licensure; and expedited processes for
issuing licenses. The report also stated that the Department of
Defense Military Credentialing and Licensing Task Force (Task
Force), established in 2012 at the direction of President Obama,
has identified and created opportunities for service members to
earn civilian occupational credentials and licenses. The Task
Force has focused its efforts on well-paying industries and
occupations that have a high demand for skilled workers,
including: manufacturing, information technology, transportation
and logistics, health care and emergency medical services. The
Task Force has also worked with states and institutions to
streamline licensing for service members and veterans,
specifically targeting the occupations of bus and truck drivers,
emergency medical technicians, paramedics, and licensed practical
nurses. According to the report, a total of 34 states have
already passed laws to waive the driving skills test for veterans
with a record of safely operating vehicles similar to the trucks
and buses for which a commercial driving license is required, and
similar legislation is pending in the District of Columbia and 9
other states.
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The report also highlighted a number of best practices that
states and industry can adopt to streamline the certification and
licensing for service members and veterans.
4.Similar and Related Legislation. SB 723 (Correa) requires the
Employment Development Department (EDD) and the Department of
Consumer Affairs (DCA), on or before January 1, 2015, to report to
the Legislature on best practices in other states to help veterans
become licensed by using their documented military education and
experience. ( Status : The bill is currently pending in the
Assembly.)
AB 186 (Maienschein) requires DCA's licensing programs to issue
temporary licenses for 12 months to military spouses who qualify
for, and request, expedited licensure as authorized under current
law. ( Status : This bill is currently pending in the Senate.)
AB 213 (Logue) establishes the Veterans Health Care Workforce Act of
2013, which requires schools accredited by healing arts boards
within DCA and the State Department of Public Health (DPH) to accept
satisfactory evidence of an applicant's education, training, and
practical experience completed during military service towards
licensure or certification. ( Status : This bill was held under
submission in the Assembly Committee on Appropriations.)
AB 555 (Salas), as introduced, would have required a licensing board
under DCA to consider and allow a board to accept an applicant's
military training to meet licensure requirements, if applicable to
the requirements for the particular business, occupation, or
profession regulated by the board. ( Status : This bill was amended
to deal with social security number privacy.)
AB 704 (Blumenfield) would require the Emergency Medical Services
Authority to develop and adopt regulations to accept military
education, training, and experience towards licensure requirements
for Emergency Medical Technician (EMT)-I certification, EMT-II
certification, or EMT-P licensure, as specified. ( Status : This
bill is pending in the Senate Committee on Health.)
AB 851 (Logue) would require the Dental Board of California (DBC) to
accept military education, training, and experience towards
licensure requirements if that education, training, or experience is
equivalent to the standards of the DBC. ( Status : This bill is
pending in the Assembly Business, Professions and Consumer
Protection Committee.)
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5.Prior Similar and Related Legislation. AB 1588 (Atkins, Chapter
742, Statutes of 2012) allows military personnel licensed by any of
DCA's licensing programs to have their license renewal requirements
waived while on active duty in the armed forces.
AB 1976 (Logue) of 2012, would have required healing arts boards
within DCA, as well as professional licensure programs within the
Department of Public Health (DPH), to accept military training
towards licensure requirements, as applicable, and required boards
that accredit schools to ensure schools have procedures in place to
accept military training. ( Status : The bill was held in the
Assembly Committee on Appropriations.)
AB 1904 (Block, Chapter 399, Statutes of 2012) requires DCA's
licensing programs to expedite the licensure process for spouses and
domestic partners of members of the military serving on active duty
if the spouse or domestic partner is licensed in the same profession
in another state.
AB 1932 (Gorell) of 2012, would have required healing arts boards to
issue a written report to Cal Vet and to the Legislature detailing
the methods of evaluating the education, training, and experience
obtained in military service and whether that education, training,
and experience is applicable to the board's requirements for
licensure, by January 1, 2014. ( Status : The measure was held in
the Senate Committee on Rules.)
AB 2462 (Block, Chapter 404, Statutes of 2012) requires the
Chancellor of the California Community Colleges to determine which
courses should be awarded credit for prior military academic
experience using standards of the American Council on Education.
AB 2659 (Blumenfield, Chapter 406, Statutes of 2012) allows licensed
drivers of military commercial vehicles to qualify for a California
commercial driver's license without additional California driving
tests.
SB 1405 (de León, Chapter 411, Statutes of 2012) allows military
personnel, beginning January 1, 2014, who possess a license issued
by the California Board of Accountancy to have renewal requirements
waived while on active duty in the armed forces.
AB 557 (John Perez) of 2011, would have created the California
Interagency Council on Veteran Services and Programs to assess how
California veterans are accessing available state and federal
benefits. ( Status : This bill was held in the Senate Committee on
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Appropriations.)
AB 2500 (Hagman, Chapter 389, Statutes of 2010) clarifies that any
licensee of any board, commission or bureau under DCA may have their
license reinstated if it expired while they were serving on active
duty as a member of the National Guard of the United States Armed
Forces, rather than just during a period of war, and allows the
licensing entity to determine, however, whether the applicant for
reinstatement was actively engaged in their practice while on active
duty, and if not, then an examination may be required.
AB 2783 (Assembly Committee on Veterans Affairs, Chapter 214,
Statutes of 2010) adds the CMD as an entity required to be consulted
before the adopting of rules and regulations that provide for the
licensure and regulation of certain businesses, occupations, and
professions by specified boards within DCA.
SB 1646 (Rogers, Chapter 987, Statutes of 1994) requires licensing
boards under DCA to promulgate regulations to evaluate and credit
military education, training, and experience in meeting licensure
requirements, if the military education, training, and experience
are applicable to the profession.
SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences
Opposition:
None on file as of June 4, 2013
Consultant:Sarah Mason