BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1904|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1904
Author: Block (D), et al.
Amended: 6/12/12 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 7/2/12
AYES: Price, Corbett, Correa, Hernandez, Negrete McLeod,
Strickland, Vargas, Wyland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/29/12 - See last page for vote
SUBJECT : Professions and vocations: military spouses:
expedited licensure
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1. Provides for the licensure and regulation of various
professions and vocations by boards within the DCA.
CONTINUED
AB 1904
Page
2
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).
(BPC Section 23.7)
3. Defines "board" as a board, bureau, commission,
committee, department, division, examining committee,
program or agency. (BPC Section 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 Section 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 Section 10460 (c))
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 U.S. Armed Forces. (BPC Section 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 Sections
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 Section 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 Section 4846.5 (h))
AB 1904
Page
3
This bill:
1. Requires a board within the DCA 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 U.S. 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; and
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.
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's office:
AB 1904
Page
4
68% of married military members reported their spouse's
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.
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 DOT and the
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
AB 1904
Page
5
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 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 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."
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 Web site, 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
AB 1904
Page
6
AFSCME
AMVETS- Department of California, California Association of
County Veterans Service Officers
Blood Centers of California
Board of Behavioral Sciences
California Board of Accountancy
Department of Defense State Liaison Office
Department of the Navy
National Military Family Association
ARGUMENTS IN SUPPORT : 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 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 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."
ASSEMBLY FLOOR : 76-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
AB 1904
Page
7
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, John A. P�rez
NO VOTE RECORDED: Cedillo, Fletcher, Hall, Yamada
JJA:k 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****