BILL ANALYSIS Ó
SB 1226
Page 1
SENATE THIRD READING
SB 1226 (Correa)
As Amended August 19, 2014
Majority vote
SENATE VOTE : Vote not relevant
ELECTIONS (June 10, 2014) LOCAL
GOVERNMENT (June 25, 2014)
(vote not relevant) (vote not
relevant)
APPROPRIATIONS 17-0 BUSINESS & PROFESSIONS 14-0
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|Ayes:|Gatto, Bigelow, |Ayes:|Bonilla, Jones, |
| |Bocanegra, Bradford, Ian | |Bocanegra, Campos, |
| |Calderon, Campos, | |Dickinson, Eggman, |
| |Donnelly, Eggman, Gomez, | |Gordon, Hagman, Holden, |
| |Holden, Jones, Linder, | |Maienschein, Mullin, |
| |Pan, Quirk, | |Skinner, Ting, Wilk |
| |Ridley-Thomas, Wagner, | | |
| |Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the Department of Consumer Affairs (DCA)
boards and bureaus to expedite applications from honorably
discharged veterans, and permits a person registered and hired
as a proprietary private security officer to submit a
verification of military training in lieu of completing a course
in security officer skills, as specified. Specifically, this
bill :
1)Requires, after July1, 2016, boards under DCA, to expedite,
and authorizes boards to assist, the licensure process for
honorably discharged veterans, and authorizes boards to adopt
regulations necessary to implement this requirement.
2)Authorizes a proprietary private security officer to submit
records documenting equivalent military training, as
determined by DCA, in lieu of completing a security officer
training course as required under current law.
3)Makes a clarifying amendment and adds coauthors.
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EXISTING LAW :
1)Provides that "board" refers to the board in which the
administration of the provision is vested, and unless
otherwise expressly provided, includes "bureau," "commission,"
"committee," "department," "division," "examining committee,"
"program," and "agency." (Business and Professions Code (BPC)
Section 22)
2)Requires DCA licensing boards 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. (BPC Section 22)
3)Authorizes a licensee whose license expired while serving on
active military duty to reinstate his or her license without
examination or penalty upon meeting specified conditions.
(BPC Section 114)
4)Requires a DCA licensing board to waive the license renewal
fees, continuing education (CE) requirements, and other
license renewal requirements for a licensee called to active
duty and who will not perform licensed activities while on
active duty. (BPC Section 114.3)
5)Requires a DCA board to expedite the licensure process for an
applicant who holds a license in the same profession or
vocation in another jurisdiction and is married to, or is in a
legal union with, an active duty member of the Armed Forces of
the United States who is assigned to a duty station in
California under official active duty military orders. (BPC
Section 115.5)
6)Requires, by July 1, 2015, the Chancellor of the California
Community Colleges, using common course descriptors and
pertinent recommendations of the American Council on
Education, to determine which courses should grant credit for
prior military experience. (Education Code Section 66025.7)
7)Provides for the licensing and regulation of private patrol
operators, the registration and regulation of security guards,
and the registration and regulation of proprietary private
security officers by the Bureau of Security and Investigative
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Services (BSIS) within DCA, under the Private Security
Services Act. (BPC Section 7580 et seq.)
8)Authorizes applicants for licensure as security guards and
private patrol operators to substitute comparable military
training as a substitute for any training-related
requirements. (BPC Section 7582.8)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor one-time information technology costs of
$50,000 to DCA. All costs to the various boards should be minor
and absorbable, as boards are already implementing expedited
licensure processing for military spouses.
COMMENTS :
1)Purpose of this bill. This bill would require, beginning July
1, 2016, boards under DCA to expedite the initial licensure
process for veterans, and requires BSIS to accept military
experience towards licensure for proprietary private security
officers. This bill seeks to assist veterans transitioning
into civilian life by reducing licensure delays and making it
easier to find work by giving them credit for the skills
developed during their time in the military.
2)Author's statement. According to the author, "Current law
provides specific authority for the [BSIS] within DCA to
accept military training towards licensure for security guards
but not for proprietary private security officers (officers).
These officers often provide services similar to a security
guard but for different employers. Security guards are
employed by private patrol operators licensed by the Bureau,
while officers provide services for proprietary private
security employers, i.e. large corporations that employ their
own security, such as Walmart, Target, etc.
"[DCA's] licensing programs do not have clear statutory
authority to expedite the initial licensure process for
military personnel who are seeking employment after their
military service. [DCA's] licensing programs began expediting
the licensure process for spouses of active duty military
personnel in 2013; however, they have not been able to do so
for veterans. More than 30,000 veterans return to California
each year after leaving the United States Armed Services, and
many of them have difficulty transitioning back into civilian
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life.
"Veterans experience a higher unemployment rate than the general
population, highlighting the fact that many have difficulty
finding a job after serving in the military. Translating
relevant military experience in a tangible license can create
job opportunities for veterans and ease the transition back to
civilian life."
3)Federal report on streamlining licensure for veterans. In
February 2013, the Executive Office of the President of the
United States issued a report entitled, The Fast Track to
Civilian Employment: Streamlining Credentialing and Licensing
for Service Members, Veterans, and their Spouses. The report
highlights how veterans have difficulties translating their
military experience into civilian certification and licensure,
and outlines a list of best practices for states to ensure
that separating service members and veterans receive
appropriate licensure and academic credit for their training
and experience and do not face other unnecessary barriers to
qualifying for employment in high-demand occupations that
require certification or licensure. The report contends that,
"Military education, training, and experience are not always
recognized by state licensing agencies or by the organizations
that administer the related certifications or exams, making it
difficult for service members and veterans to qualify for the
credentials they need for professional positions. Challenges
include the absence of common standards for service
credentialing programs, inconsistent state laws, and a lack of
understanding about how military training and experience
translates into licensing and academic credits."
4)DCA. DCA currently oversees 36 licensing programs that issue
more than two million licenses, registrations, and
certifications in approximately 200 professional categories.
Existing law requires licensing boards under DCA to promulgate
regulations to evaluate military education, training, and
experience and specify how applicants may meet licensure
requirements if their military education and experience is
comparable to the boards' license qualification standards.
Each of the licensing programs is responsible for enforcing
the minimum qualifications established by statute and
regulation. The licensing boards under DCA operate as
semiautonomous bodies and have discretion over designing their
license application and approving applicants, resulting in
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varying board policies relating to the acceptance of military
credit towards licensure.
5)State focus on veterans. In August 2011, Governor Edmund G.
Brown, Jr. created the Interagency Council on Veterans
(Council) through the issuance of Executive Order B-9-11.
DCA, the Department of Veteran Affairs, and the California
Military Department, along with several other state agencies,
are members of the Council, whose purpose is "to identify and
prioritize the needs of California's veterans, and to
coordinate the activities at all levels of government in
addressing those needs." In February 2012, the ICV convened
for the first time at a two-day conference during which
attendees participated in a guided facilitation focused on
identifying and prioritizing the current needs of California
Veterans.
As part of the 2012-13 Budget Package, the State Legislature
directed DCA to prepare a report on the implementation of BPC
Section 35, which requires boards to evaluate military
experience and education towards licensure requirements. 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. DCA was also asked to provide a
list of boards that do not accept military experience and an
explanation as to why they do not.
On October 1, 2012, DCA released their findings, entitled
Report to the California State Legislature: Acceptance of
Military Experience & Education Towards Licensure, which
included a compilation of each professional license type and
the education and experience requirements necessary for each.
Of DCA's 33 licensing programs that license individuals, each
has different policies to address the acceptance of military
education and experience towards initial licensure. Nine
programs, including BSIS, were identified as having specific
statutes, rules, or regulations for accepting military
education or experience, while another 15 programs were
identified as having broad authority and discretion to accept
military education and experience. Five healing arts programs
were identified as not having specific provisions to accept
military experience or education, two programs were identified
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as having minimal requirements that would not preclude a
veteran from applying, and two programs did not accept
military education and experience based on the lack of
comparable military experience. DCA also does not track the
effectiveness of the current statutes and regulations toward
licensing former members of the military.
DCA currently expedites licenses for the spouse or domestic
partner of a military member on active duty, which was
required by AB 1904 (Block), Chapter 399, Statutes of 2012.
6)Military credit under BSIS. According to DCA's report,
security services were one of the three top priority
vocational areas for returning veterans. 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. As part of
BSIS' Veterans Come First program, BSIS has: a) expedited
applications from veterans; b) provided veterans with direct
phone and email contact information for a BSIS staff person;
and c) 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 d)
trained staff to analyze "Certificate of Release or Discharge
from Active Duty" Papers (DD-214s) and Military Transcripts.
Through this program, BSIS has assisted nearly 400 veteran
applicants obtain licensure as private patrol operators,
private patrol qualified managers, security guards, and
proprietary private security officers.
The report highlighted that because proprietary private security
officers are a new licensure type and BSIS does not have
authority to accept military training towards the
requirements, which are similar to those required for security
guards. This bill would further assist these efforts by
making clear that a person registered and hired as a
proprietary private security officer could substitute his or
her military training and experience in lieu of completing a
16-hour security officer training course.
Analysis Prepared by : Eunie Linden / B., P. & C.P. / (916)
319-3740
SB 1226
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FN: 0005165