BILL ANALYSIS �
AB 1904
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1904 (Block) - As Introduced: February 22, 2012
SUBJECT : Professions and vocations: military spouses:
temporary licenses.
SUMMARY : Authorizes a board under the Department of Consumer
Affairs (DCA) to issue a temporary license to the spouse or
domestic partner of a military member on active duty.
Specifically, this bill :
1)Authorizes a board under DCA to issue a temporary license to
the spouse or domestic partner of a military member on active
duty if the applicant meets all the following conditions:
a) Submits the required application, fees, and fingerprints
to the board;
b) Provides satisfactory proof that the applicant is the
spouse or domestic partner of an active duty member of the
United States (U.S.) Armed Forces, as specified;
c) Holds a current license in another U.S. state, district,
or territory, and the board determines that those licensure
requirements are substantially equivalent to state
requirements;
d) Has not committed an act that constitutes grounds for
license denial, suspension, or revocation, as specified;
and,
e) Has not been disciplined, nor is the subject of an
unresolved complaint, review procedure, or disciplinary
action by a licensing entity in another jurisdiction.
2)Authorizes the board to adopt regulations necessary to
administer the provisions of this bill.
3)Requires a board to expedite the issuance of a temporary
license under this bill.
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4)Provides that the temporary license shall be valid for 180
days, and allows the board, at its discretion, to extend the
temporary license for an additional 180 days.
EXISTING LAW :
1)Provides for the licensing and regulation of various
professions and businesses by 26 boards, eight bureaus, and
one commission within DCA under various licensing acts within
the Business and Professions Code (B&P Code).
2)Authorizes members of the California National Guard or the
U.S. Armed Forces to reinstate their professional license
without examination or penalty if their license expired while
the licensee was on active duty.
3)Defines "board" to mean a board, bureau, commission,
committee, department, division, examining committee, program,
or agency.
4)Defines "license" to mean a license, certificate,
registration, or other means to engage in a business or
profession regulated by the B&P Code.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "State
licensing and certification requirements are intended to ensure
that practitioners meet a minimum level of competency. Because
each state sets its own licensing requirements, these
requirements often vary across state lines. Consequently, the
lack of license portability - the ability to transfer an
existing license to a new state with minimal application
requirements - can impose significant administrative and
financial burdens on licensed professionals when they move
across state lines. Because military spouses hold occupational
licenses and often move across state lines, the patchwork set of
variable and frequently time-consuming licensing requirements
across states disproportionately affect these families. The
result is that too many military spouses looking for jobs that
require licenses are stymied in their efforts.
"Because of these delays and the expense involved in
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re-licensure, many spouses decide not to practice in their
professions. This is a financial and career choice issue for
military members and their spouses, impacting their desire to
stay in the military. A spouse's employment plays a key role in
the financial and personal well-being of military families, and
their job satisfaction is an important component of the
retention of service members. Without adequate support for
military spouses and their career objectives, the military could
have trouble retaining service members."
Background . On January 24, 2011, U.S. President Barack Obama
presented Strengthening Our Military Families: Meeting
America's Commitment, a document urging agencies to support and
improve the lives of military families. The President remarked,
"We're redoubling our efforts to help military spouses pursue
their educations and careers? We're going to help spouses get
that degree, find that job, or start that new business."
As a result of the President's directive, the U.S. Department of
Treasury (U.S. Treasury) and the U.S. Department of Defense
(DOD) issued a joint report to highlight the impact of state
occupational licensing requirements on the careers of military
spouses, who frequently move across state lines. Released in
February 2012, the report, "Supporting our Military Families:
Best Practices for Streamlining Occupational Licensing Across
State Lines" revealed that approximately 35% of military spouses
work in professions that require state licenses or certification
and that military spouses are ten times more likely to have
moved to another state in the last year compared to their
civilian counterparts.
The report highlighted the employment status of military spouses
and the correlation to their spouse's decision to remain active
in the military: "More than half of all active duty military
personnel are married, and 91% of employed military spouses
indicated that they wanted to work and/or needed to work.
Research suggests that �spousal] dissatisfaction with the
ability to pursue career objectives may hinder re-enlistment.
Not only are military spouses highly influential regarding
re-enlistment decisions, but more than two-thirds of married
service members reported that their decision to re-enlist was
largely or moderately affected by their spouses' career
prospects?"
The report also listed jobs military spouses commonly accepted
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and revealed how licensing requirements impacted employment
opportunities: "Teaching is the most common occupation among
military spouses, followed by child care services, and nursing.
While many of the common occupations among military spouses are
not licensed, some of the most popular professions, including
teaching and nursing, do require licensure. In a 2008 Defense
Manpower Data Center survey of active duty military spouses,
participants were asked what would have helped them with their
employment search after their last military move. Nearly 40% of
those respondents who have moved indicated that 'easier
state-to-state transfer of certification' would have helped
them."
As a result of the survey, the U.S. Treasury and DOD issued
several recommendations, including the authorization of
temporary licenses for military spouses if the applicant met
state requirements. The report's recommendation specified:
"Temporary licenses allow applicants to be employed while they
fulfill all of the requirements for a permanent license,
including examinations or endorsement, applications and
additional fees. In developing expedited approaches that save
military spouses time and money, DOD does not want to make
licensure easier for military spouses to achieve at the expense
of degrading their perceived value in their profession."
Support . According to the DOD State Liaison Office, "Over 70%
of our military spouses say they want to work or need to work.
Military families are not unlike their civilian counterparts;
they depend on two incomes, and like anyone else, want to
achieve their goals and aspirations. The annual percentage of
the military spouse population that moves across state lines is
14.5% compared to 1.1% for civilian spouses. Military spouses
also usually move every two to three years. These statistics
make it clear that we are dealing with a unique population.
"The DOD State Liaison Office conducted an informal study to
identify some of the barriers hindering military spouses from
attaining licenses following a military move. In a review of 20
states, using the top five highest professions in demand,
according to the U.S. Department of Labor, the licensing
timeline was delayed up to six months due to the exam process,
application process, or requirement for background checks. We
realize that the boards can make evaluation a lengthy process,
which is exactly why we are requesting the licensing process be
expedited for our spouses who may only have two to three years
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to work in California. If a spouse has to wait six or more
months for review, state exams, and processing, they have very
limited time to search for employment. Military spouses would
be at an unfair disadvantage when it comes to finding
employment. These delays in employment can cause significant
hardship on the military family because of loss of needed
income."
Related Legislation . AB 1588 (Atkins) of 2012, would require
boards under DCA to waive professional license renewal fees and
continuing education requirements for military reservists called
to active duty. This bill is currently pending in the Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Department of Defense State Liaison Office
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301