BILL ANALYSIS Ó
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|Hearing Date:August 28, 2014 |Bill No:SB |
| |1226 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: SB 1226Author:Correa
As Amended:August 19, 2014Fiscal: yes
SUBJECT: Veterans: professional licensing.
SUMMARY: Requires boards and bureaus under the Department of Consumer
Affairs (DCA) 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.
NOTE : The Assembly amendments create a new bill and this measure has
been referred to the Committee pursuant to Senate Rule 29.10 (d) for
consideration. The Committee may, by a vote of the majority, either:
(1) hold the bill, or (2) return the bill to the Senate floor for
consideration of the bill as amended in the Assembly.
Existing law:
1)Provides for the licensure and regulation of various professions and
vocations by boards within the DCA.
2)Defines "board" as a board, bureau, commission, committee,
department, division, examining committee, program or agency. (BPC
§ 22)
3)Defines "license" as license, certificate, registration or other
means to engage in a business or profession regulated by the
Business and Professions Code. (Business and Professions Code (BPC)
§ 23.7)
4)Requires each board to consult with the Department of Veterans
Affairs and the Military Department before adopting rules and
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regulations about methods of evaluating education, training and
experience obtained in the armed services for the respective
occupation or profession regulated by the boards. (BPC § 35)
5)Defines "military service" for real estate licensees, as federal
service after October 1, 1940, where a military member is on active
duty with any branch of service as well as training or education
under the supervision of the United States preliminary to induction
into the military service. (BPC § 10460 (c))
6)Defines "active service" or "active duty" for real estate licensees
to include the period during which a person in military service is
absent from duty on account of sickness, wounds, leave, or other
lawful cause. (BPC § 10460 (c))
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 Services (BSIS)
within the DCA, under the Private Security Services Act. (BPC §
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 § 7582.8)
9)Authorizes a licensee to reinstate an expired license without
examination or penalty if, among other requirements, the license
expired while the licensee was on active duty as a member of the
California National Guard or the United States Armed Forces. (BPC §
114)
10)Exempts nurses, vocational nurses, optometrists from continuing
education requirements for licensees residing in another state or
country, or for reasons of health, military service, or other good
cause. (BPC §§ 2811.5 (g); 2892.5 (d); 3059 (b))
11)Authorizes the Veterinary Medical Board, in its discretion, to
extend the expiration date of a temporary license for not more than
one year for reasons of health, military service, or undue hardship.
(BPC § 4848 (e))
12)Authorizes the Veterinary Medical Board, in its discretion, to
exempt from the continuing education requirement any veterinarian
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who for reasons of health, military service, or undue hardship
cannot meet those requirements. (BPC § 4846.5 (h))
13)Specifies that a board within the DCA shall expedite the licensure
process for an applicant who meets both of the following
requirements: (BPC § 155.5)
a) Supplies evidence satisfactory to the board 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.
b) 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 the board.
This bill:
1)Requires, after July1, 2016, boards under the 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 the DCA,
in lieu of completing a security officer training course as required
under current law.
FISCAL EFFECT: According to the August 13, 2014 Assembly Committee on
Appropriations analysis, the bill will result in minor one-time
information technology costs of $50,000 to the DCA. Costs to the
various boards should be minor and absorbable, as boards are already
implementing expedited licensure processing for military spouses.
COMMENTS:
1.Purpose. This bill is sponsored by the Author. According to the
Author, "SB 1226 would amend Business and Professions Code §7574.18
to specify that the Bureau must accept military experience towards
licensure for proprietary private security officers. The bill would
also add clear authorization to the Business and Professions Code
§115.4 so that the Department's licensing programs can expedite the
initial licensure process for former military personnel. These
changes will make it easier for veterans to find work by giving them
credit for the skills developed during their time in the military.
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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 into a tangible license can create job opportunities for
veterans and ease the transition back to civilian life."
2.Background.
a) 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."
b) Department of Consumer Affairs (DCA). The 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 the 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 the DCA operate as
semi-autonomous bodies and have discretion over designing their
license application and approving applicants, resulting in
varying board policies relating to the acceptance of military
credit towards licensure.
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c) State Focus on Veterans. In August of 2011, Governor Edmund
G. Brown, Jr. created the Interagency Council on Veterans
(Council) through the issuance of Executive Order
B-9-11. The 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 Council 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 the DCA to prepare a report on the implementation of BPC
§ 35, which requires boards to evaluate military experience and
education towards licensure requirements. 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 provide a list of
boards that do not accept military experience and an explanation
as to why they do not. The DCA was not asked to track the
effectiveness of the current statutes and regulations toward
licensing former members of the military.
On October 1, 2012, the 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 the 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 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.
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In addition, the 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).
d) Military Credit under BSIS. According to the 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; 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.
3.Related Legislation This Session. AB 186 (Maeinschein) of 2014 was
initially heard in this Committee in 2013 and would have required
all licensing entities under the DCA to provide military spouses and
domestic partners, who hold a valid professional license in another
state, an 18 month provisional license to practice in California.
The bill was held in Committee and amended this year to require
specified licensing entities under the DCA to provide military
spouses and domestic partners, who hold a valid professional license
in another state, an 18 month provisional license to practice in
California. ( Status : This bill has passed both houses and is
currently awaiting signature by the Governor.)
4. Prior Related Legislation. AB 1904 (Block, Chapter 399, Statutes
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of 2012) required all licensing entities under the DCA to issue an
expedited license to the spouse or domestic partner of a military
member on active duty, beginning January 1, 2013.
AB 1588 (Atkins, Chapter 742, Statutes of 2012) required boards
under the DCA to waive professional license renewal fees and
continuing education requirements for military reservists called to
active duty.
AB 1932 (Gorell) of 2012 would have required the DCA healing arts
boards to issue a written report to the California Department of
Veterans Affairs and the Legislature that detailed the methods for
evaluating the education, training, and experience obtained by
applicants in military service and whether that education,
training, and experience is applicable to the boards' requirements
for licensure. ( Status: This bill was held in the Senate Rules
Committee.)
SB 1405 (De León, Chapter 411, Statutes of 2012) allowed military
personnel 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 2783 (Committee on Veterans Affairs, Chapter 214, Statutes of
2010) added the California Military Department 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 boards within
the DCA
SUPPORT AND OPPOSITION:
Support: None on file as of August 27, 2014.
Opposition: None on file as of August 27, 2014.
Consultant:Le Ondra Clark, Ph.D.
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