BILL ANALYSIS �
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|Hearing Date:July 2, 2012 |Bill No:AB |
| |1904 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1904Author:Block, Butler & Cook
As Amended:June 12, 2012 Fiscal:Yes
SUBJECT: Professions and vocations: military spouses: expedited
licensure.
SUMMARY: Requires a board under the Department of Consumer Affairs
(DCA) to expedite the licensure process for military spouses and
domestic partners of a military member who is on active duty in
California.
Existing law:
1)Provides for the licensure and regulation of various professions and
vocations by boards within the DCA.
2)Defines "license" as license, certificate, registration or other
means to engage in a business or profession regulated by the
Business and Professions Code. (BPC � 23.7)
3)Defines "board" as a board, bureau, commission, committee,
department, division, examining committee, program or agency. (BPC
� 22)
4)Defines "military service" 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))
5)Defines "active service" or "active duty" as 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))
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6)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)
7)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))
8)The Veterinary Medical Board, in its discretion, may 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))
9)The Veterinary Medical Board, in its discretion, may exempt from the
continuing education requirement any veterinarian who for reasons of
health, military service, or undue hardship cannot meet those
requirements. (BPC � 4846.5 (h))
This bill:
1)Requires a board within the Department of Consumer Affairs 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, in a domestic partnership or other legal union with, an
active duty member of the Armed Forces of the United Stated who is
assigned to a duty station in California under official active duty
military orders.
2)Specifies that the licensee must meet specific requirements in order
to have their licensure process expedited including:
a) Supplying evidence of marriage, domestic partnership or other
legal union.
b) Possessing 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.
3)Authorizes a board to adopt regulations necessary to expedite the
licensure process.
FISCAL EFFECT: According to the Assembly Committee on Appropriations
analysis dated April 18, 2012, this bill will incur one-time costs
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that would likely exceed $150,000 due to workload associated with
automation systems changes and the modification and creation of new
application forms. The analysis indicates that ongoing workload would
be minor and absorbable.
COMMENTS:
1.Purpose. The sponsor of the bill is the Author . According to the
Author, 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 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 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 re-licensure, many spouses decide
not to practice in their professions. This a financial and career
choice issue for military members and their spouses, impacting their
desire to stay in the military.
The Author further notes "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."
2.Background. According to a 2005 study conducted by the RAND National
Defense Research Institute, the majority of military spouses are
less likely to be employed, more likely to be seeking work and earn
less than comparable civilian spouses. Military spouses versus
civilian spouses are more likely to live in metropolitan areas.
Moreover, they are more likely to have graduated from high school
and to have some college education. These facts would ostensibly
increase their employability. However, due to "military lifestyle"
which includes frequent moves, deployments and long hours that keep
service members from assisting with parenting, employment
opportunities for spouses are negatively impacted.
According to the Author:
68% of married military members reported their spouse's
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ability to maintain a career impacts their decision to remain
in the military.
67% of military spouses report that they want or need to
work.
The annual percent of the military spouse population that
moves across state lines is14.5%, compared to 11% for civilian
spouses.
As much as 34% of military spouses in the labor force are
required to be fully licensed.
19% of employed spouses experience challenges maintaining
their licenses.
1.United States Department of Defense (DOD) and Department of the
Treasury (DOT) Report. 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.
As a result of the President's directive, the U.S. DOT and the U.S. 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 also listed jobs military spouses commonly accepted 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. DOT 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
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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."
2.Military Spouses Employment Partnership. On June 29, 2011, the
Military Spouse Employment Partnership (MSEP) was launched at the
Chamber of Commerce in Washington, D.C. The MSEP program is an
expansion of the Army Spouse Employment Partnership program and is
focused on helping military spouses from all branches of the
military attain financial security and achieve educational and
employment goals.
Through a website, the MSEP creates a gateway for military spouses and
corporate and non-profit organizations to interact. The MSEP has
been the latest development in an effort backed by President Barack
Obama's administration to do more to help military families. In May
of 2012, 34 companies joined the MSEP and pledged to recruit, hire,
promote and retain military spouses in portable careers.
3.Related Legislation. AB 1588 (Atkins) of 2012, requires boards under
DCA to waive professional license renewal fees and continuing
education requirements for military reservists called to active
duty. This bill is currently set for hearing on July 2 in this
Committee.
4.Arguments in Support. According to the National Military Family
Association , the lack of broad-based reciprocity among the states to
recognize professional licenses or certificates creates a
significant barrier to employment. With each government ordered
move, military spouses incur high costs for recertification and
delays before they are able to work.
The Department of Defense State Liaison Office also supports the
bill. They state: "?any effort to expedite the process military
spouses must go through to obtain a California state license is a
step in the right direction."
The AMVETS- Department of California and the California Association
of County Veterans Service Officers indicate that moves can be hard
on families. Children must change schools and spouses must find new
jobs. This bill will help military spouses leverage their
professional skills while posted to California.
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SUPPORT AND OPPOSITION:
Support:
American Federation of State, County and Municipal Employees
AMVETS- Department of California, California Association of County
Veterans Service Officers
Blood Centers of California
Department of Defense State Liaison Office
National Military Family Association
Opposition: None received as of June 27, 2012.
Consultant:Le Ondra Clark