BILL ANALYSIS Ó AB 1939 Page 1 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 AB 1939 Page 2 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. AB 1939 Page 3 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. AB 1939 Page 4 [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, AB 1939 Page 5 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 AB 1939 Page 6 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 AB 1939 Page 7 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 AB 1939 Page 8 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", strikedirectorand 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 AB 1939 Page 9