BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 5, 2016 


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 1939  
          Patterson - As Amended March 29, 2016


          SUBJECT:  Licensing requirements.


          SUMMARY:  Requires the Director of the Department of Consumer  
          Affairs (DCA) to conduct a study on whether there are  
          unnecessary occupational licensing requirements that produce a  
          barrier to labor entry or labor mobility, with a focus on  
          dislocated workers, service members, and military spouses and  
          submit a report to the Legislature by July 1, 2017.


          EXISTING LAW:


          1)Establishes the DCA to advance the interests of consumers by  
            facilitating the proper functioning of the free enterprise  
            market economy by educating consumers, fostering competition,  
            and promoting the consumers' interest. (Business and  
            Professions Code (BPC) Section 300)





          2)Requires the Director of the DCA to submit to the Governor and  
            the Legislature an annual report of programmatic and  








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            statistical information regarding the activities of the  
            department and its constituent entities. (BPC Section 312)





          3)Requires the boards and bureaus under the DCA to provide  
            methods of evaluating education, training and experience  
            obtained in the armed services where applicable to the  
            requirements of a regulated profession. (BPC Section 35)



          4)Requires boards and bureaus under the DCA to expedite  
            licensing processes for applicants who served as active duty  
            members of the Armed Forces of the United States. (BPC Section  
            115.4)

          4)Requires boards and bureaus under the DCA to expedite  
            licensing processes for applicants who are married to, or are  
            in another legal union with an active duty member of the  
            United States Armed Forces. (BPC Section 115.5)



          5)Establishes procedures for submitting a report to the  
            Legislature. (Government Code Section 9795)


          THIS BILL:


          1)Requires the Director of the DCA to conduct a study on whether  
            occupational licensing requirements create an unnecessary  
            barrier to labor entry and labor mobility, particularly for  
            dislocated workers, service members, and military spouses.










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          2)Provides that the report shall be submitted in compliance with  
            Section 9795 of the Government Code.





          3)Requires the report to be submitted no later than July 1,  
            2017.
          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel. 


          COMMENTS:


          Purpose.  This bill is sponsored by the author.  According to  
          the author, "[this bill] is an important measure that will  
          provide the California State Legislature with vital information  
          about how some licensing requirements may pose barriers for  
          people to enter into, or transition into the labor market.  By  
          doing this we will uphold the intention of licensing  
          requirements which is to promote quality products and services,  
          and ensure that these requirements do not make it more difficult  
          for Californians to work. 


          It is incredibly important that we explore situations where  
          requirements exceed the skills needed to perform because  
          arbitrary licensing requirements introduce a number of problems  
          but mainly they create barriers for Californians to work.  In  
          California, approximately 20.7% of workers are regulated and  
          licensed.  This is a massive portion of the population and we  
          need to ensure that we do not create unnecessary requirements  
          that can prohibit them from working.









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          [This bill] aims to explore areas that licensing requirements  
          create barriers to the labor market by way of a study conducted  
          by the Department of Consumer Affairs.  This study is to be  
          submitted to the Legislature by July 1, 2017.  This will give  
          the Legislature the tools to review licensing requirements and  
          then fix arbitrary requirements that impede Californians from  
          working."


          Background.  The author cites a 2013 report from the White House  
          entitled, The Fast Track to Civilian Employment:  Streamlining  
          credentialing and licensing for service members, veterans, and  
          their spouses.  Evidence in this report indicates that due to  
          the mobile nature of military families, unacceptable delays  
          occur when establishing their skills for minimum employment.   
          The report finds that many service members are required to  
          repeat education or training in order to receive industry  
          certifications and state occupational licenses, even though  
          much, and in some cases, all of their military training and  
          experience overlaps with credential training requirements.   
          Additionally, frequent moves, and the resulting need to search  
          for new employment, can be a significant problem for military  
          spouses, especially when getting a job in a new state requires  
          obtaining an occupational license. 


          The report noted that California was one of the states with  
          several programs in place to assist transitioning veterans and  
          their spouses with employment opportunities.  Additionally,  
          since 2013, there have been statutes enacted to further progress  
          on these efforts.  For example, SB 1226 (Correa) Chapter 657,  
          Statutes of 2014, requires boards and bureaus to expedite and  
          assist with the initial licensure process for veterans of active  
          duty in the Armed Forces of the United States.


          DCA and the Sunset Process.  The DCA includes 40 regulatory  
          entities, including 25 boards, nine bureaus, three committees,  








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          two programs, and one commission, which combined regulate more  
          than 250 business and professional categories.  These entities  
          establish the minimum qualifications for licensure, issue  
          licenses, and investigate and discipline licensees.  These  
          entities are primarily funded by licensing fees.  The DCA has  
          several statutory mechanisms in place to compile licensing data  
          from the entities. It also has the statutory responsibility  
          under sunset review to respond to suggestions about efficiency  
          in the licensing process.


          Each year, the Senate Committee on Business, Professions and  
          Economic Development and the Assembly Committee on Business and  
          Professions (Committees) conduct joint sunset oversight hearings  
          to review those regulatory entities under the DCA on a rotating  
          basis.  The sunset review process itself provides a formal  
          opportunity and mechanism for the DCA, the Legislature, the  
          entities, and interested parties and stakeholders to discuss the  
          performance of the entities and make recommendations for  
          improvements.  This has been the traditional forum for the  
          legislature to respond to concerns about unfairness, redundancy,  
          or inefficiency in the licensing process for various regulatory  
          entities.


          DCA Reports.  In the past the DCA has been requested by the  
          Legislature to conduct entity-specific reports including the  
          request to have the DCA prepare a report on the implementation  
          of BPC section 35, relating to military experience and  
          licensure.  The DCA was specifically asked to provide a list of  
          entities 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 entities that do not accept military  
          experience and an explanation as to why they do not.  That 2012  
          report, Report to the California State Legislature: Acceptance  
          of Military Experience & Education Toward Licensure, outlined  
          administrative solutions that the DCA's programs were  
          instituting to assist military applicants with the licensure  








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          process.  As noted, the report specifically focused on the  
          actions of the regulatory entities under the jurisdiction of the  
          DCA with regard to implementing specific provisions of the BPC.   
          However, the report is qualitatively different from the study  
          requested by this bill.  This bill seeks to require a study that  
          would look at the impact of licensing on all professions (some  
          professions are not licensed by the DCA), rather than the  
          administrative operations of the regulatory entities under the  
          DCA.

          The Little Hoover Commission.  The Little Hoover Commission  
          (Commission) is a statutorily created independent agency that  
          conducts research studies about state government operations.   
          The Commission investigates the efficiency and services of  
          governmental operations, and makes official recommendations to  
          the legislative and executive branches of the state government  
          for improvements.  The Commission is currently in the process of  
          conducting a study on occupational licensing.  The study will  
          partly explore the impact of occupational licensing on upward  
          mobility for various groups, as well as the effect on of  
          licensing regulations on consumers and the economy.  The  
          Commission's study will have a broad policy perspective, and  
          will not place emphasis on licensing testing, education, and  
          other requirements for specific professions.  This bill aims to  
          analyze the current education and licensing requirements for the  
          various professions under the DCA and locate any particular  
          areas where there are duplicative or unnecessary requirements  
          that pose a barrier to mobility within these given professions.   
          While this bill and the Commission's study both aim to examine  
          the effects of occupational licensing requirements, their  
          endeavors do not fully overlap.  According to information  
          provided on the Commission's Website, "Approximately 21 percent  
          of California's 19 million member workforce is licensed.   
          Proponents of occupational licensing advocate that these  
          regulations are necessary to protect the health and safety of  
          consumers.  Critics contend that these regulations at times go  
          beyond consumer protection and unjustifiably restrict  
          competition."  The Commission has held two public hearings on  
          this topic, the first in Sacramento on February 4, 2016, and the  








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          second on March 30, 2016, in Culver City.  


          Federal Report.  In addition, the White House released a report  
          in July of 2015, titled, Occupational Licensing: A Framework for  
          Policymakers.  According to that reports executive summary, the  
          report addresses "the growth of licensing over the past several  
          decades, its costs and benefits, and its impacts on workers and  
          work arrangements.  The report recommends several best practices  
          to ensure that licensing protects consumers without placing  
          unnecessary restrictions on employment, innovation, or access to  
          important goods and services."


          POLICY ISSUES FOR CONSIDERATION:


          1)Is the DCA the appropriate entity to conduct this study?  The  
            DCA states that its primary role is to "protect and serve  
            California consumers while ensuring a competent and fair  
            marketplace."  The DCA helps consumers learn how to protect  
            themselves from unscrupulous and unqualified individuals and  
            also protects professionals from unfair competition by  
            unlicensed practitioners.  Given that the DCA's primary  
            jurisdiction is not conducting studies on issues outside of  
            its jurisdiction, and that the DCA does not currently have a  
            research entity in-house that would be equipped to perform a  
            comprehensive study like the one proposed by this bill, it may  
            be more appropriate to request an entity that routinely  
            conducts independent studies and research to conduct a study  
            on occupational licensing.  

          2)Is this study necessary?  Currently, the Little Hoover  
            Commission is in the process of a review on the impact of  
            occupational licensing on upward mobility and opportunities  
            for entrepreneurship and innovation for Californians,  
            particularly those of modest means.  

          3)Is there enough time to complete the study?  As currently  








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            drafted, this bill only provides six months for the DCA to  
            complete this study.  The Little Hoover Commission's study is  
            currently in its fifth month and is expected to exceed six. 

          AMENDMENTS:


          In order to address policy issue number one, the author has  
          agreed to the following amendments:


          On page 2, line 1, after "the", strike  director  and insert: 


           "Legislative Analyst's Office 


           On page 2, line 2, after "legislature" insert: 


           and the Department of Consumer Affairs


           REGISTERED SUPPORT:  


          None on file.




          REGISTERED OPPOSITION:  
          None on file.




          Analysis Prepared by:Tessa Nevarez and Elissa Silva / B. & P. /  
          (916) 319-3301








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