BILL ANALYSIS �
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|Hearing Date:June 16, 2014 |Bill No:AB |
| |186 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 186 Author: Maienschein
As Amended: May 29, 2014Fiscal: Yes
SUBJECT: Professions and vocations: military spouses: temporary
licenses.
SUMMARY: Requires applicable licensing entities under the Department
of Consumer Affairs (DCA) to provide military spouses and domestic
partners, who hold a valid professional license in another state, an
18 month provisional license to practice in California and permits a
board within the DCA to require an applicant to successfully pass a
jurisprudence or law and ethics examination before granting a
temporary license to practice.
Existing law:
1) Provides for the licensure and regulation of various professions
and vocations by boards within the DCA.
2) Defines "license" as a license, certificate, registration or other
means to engage in a business or profession regulated by the
Business and Professions Code (BPC). (BPC � 23.7)
3) Defines "board" as a board, bureau, commission, committee,
department, division, examining committee, program or agency within
the DCA. (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))
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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))
6) Specifies that a board within DCA shall expedite the licensure
process for an applicant who meets both of the following
requirements: (BPC � 155.5)
a) Supplies evidence satisfactory to the board that the
applicant is married to, or in a domestic partnership or other
legal union with, an active duty member of the Armed Forces of
the United States who is assigned to a duty station in this
state under official active duty military orders.
b) Holds 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.
This bill:
1) Requires applicable boards within DCA to issue a 12-month temporary
license to an applicant who is a military spouse or domestic
partner while the license application is being processed, if:
a) The applicant supplies satisfactory evidence that the
applicant is married to, or in a domestic partnership or other
legal union with, an active duty member of the Armed Forces of
the United States who is assigned to a duty station in this
state under official active duty military orders;
b) The applicant holds 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;
c) The applicant submits an affidavit attesting that the
information submitted in the application is accurate;
d) The applicant submits written verification from the
applicant's original licensing jurisdiction stating that the
applicant's license is in good standing;
e) The applicant, upon the board's request, submits fingerprints
for a background check;
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f) The applicant has not committed any act in any jurisdiction
that constitutes grounds for the denial, suspension, or
revocation of the professional license by the board under the
Business and Professions Code at the time the act was committed;
and,
g) The applicant was not disciplined by a licensing entity in
another jurisdiction and is not the subject of an unresolved
complaint, review procedure, or disciplinary proceeding
conducted by a licensing entity in another jurisdiction.
2) Exempts the California Architects Board and the Board of
Chiropractic Examiners from the requirements of the bill.
3) Specifies that an applicant seeking a temporary license as a civil
engineer, geotechnical engineer, structural engineer, professional
geologist, professional geophysicist, certified engineering
geologist, certified hydrogeologist or land surveyor shall
successfully pass the appropriate California specific
examination(s) as required for licensure by the Board for
Professional Engineers, Land Surveyors and Geologists.
4) Specifies that a board within the DCA may require an applicant to
successfully pass a jurisprudence or California Law and Ethics
Examination for the issuance of the temporary license, if the
examination is a requirement of all applicants for full licensure.
5) Specifies that a board within the DCA may adopt necessary
regulations to enact this legislation.
6) Indicates that any temporary license for the practice of medicine
may be immediately terminated if it is found that the individual
violated any requirements or provided inaccurate information that
would affect their eligibility for licensure.
7) Permits the boards within the DCA to issue a notice to cease the
practice of medicine immediately upon receipt of the notification
of the termination of the temporary license.
8) Specifies that the provisions of the bill shall not apply to a
board within DCA that has established a temporary licensing process
before January 1, 2014.
FISCAL EFFECT: This measure has been keyed "fiscal" by Legislative
Counsel. According to the Assembly Appropriations Committee analysis
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dated April 22, 2013, if the BreEZe system is fully implemented prior
to the completion of the regulations for the new provisional license
type, the cost to DCA would be under $100,000. However, if there are
delays in the implementation of BreEZe, one-time costs to DCA would be
approximately $500,000.
COMMENTS:
1. Purpose. This bill is sponsored by the Author. According to the
Author, "The wait time for expedited licenses can be very long, and
spouses can't even begin seeking employment until their license has
been approved. A December article in USAA Magazine described the
process as taking many months even after all appropriate
documentation has been submitted, fees being paid, and tests taken
to receive the license. The unemployment rate amongst military
spouses is estimated to be about 26% which is three times the
national average."
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.
Current data suggests:
68% of married military members report that 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 is 14.5%, compared to 11% for civilian
spouses.
As much as 34% of military spouses in the labor force are
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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, United States
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 United States DOT and
the United States 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 United States 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(s), 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."
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In February of 2014, the Military Spouse Employment Report was
released. According to data in the report, there were
approximately 725,877 spouses of DOD Active Duty members and
approximately 413,295 spouses of Reserve and Guard members in 2010.
According to the Veterans Administration's(VA) 2010 NationalSurvey
of Veterans, it is estimated that there are more than 15
million veterans' spouses in the United States and more than 5.8
million surviving spouses of veterans in the U.S.
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. Expedited Licensure for Military Spouses. In 2012, AB 1904 (Block,
Chapter 399, Statutes of 2012) was passed. This bill required all
licensing entities under the DCA to issue an expedited license to
the spouse or domestic partner of a military member on active duty,
beginning January 1, 2013. The DCA reports that across all boards
under its jurisdiction, approximately 90 expedited licenses have
been granted to military spouses or domestic partners.
4. Arguments in Support. The Easter Seals Disability Services
supports the bill and writes, "Easter Seals recognizes how
difficult it is for military spouses to find meaningful employment
when their families are regularly relocated to other military
installations as a result of their spouses' military careers?AB 186
would help to address barriers to employment for military spouses
by allowing military spouses who have a valid license for the same
profession in another state to secure a temporary California
license. The bill represents a meaningful step forward in
addressing an employment challenge currently faced by thousands of
military families who proudly serve our nation in the United States
Armed Forces."
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The Medical Board of California is in support of the bill and
writes, "In order to ensure consumer protection, the Board
requested that language be amended into the bill that would allow
for termination of the temporary license if it is found that the
individual issued the temporary license violated any requirements
in the bill or provided substantive inaccurate information that
would affect their eligibility of licensure. The Board would like
to thank you and your staff for working with us on the bill and
including language in your bill to address our concern. The Board
is pleased to be in support of AB 186."
5. Support if Amended. The California Board of Accountancy (CBA) also
supports the bill if amended. In their letter they write, "The CBA
supports the military and their families; however, it would like to
request an amendment to clarify that an individual's license must
be current, active and unrestricted with the authority to practice
the identified profession in the state that issued the individual's
license."
The California Architects Board states their request for an
amendment which will include an additional exemption for the
Landscape Architect Technical Committee:
"This section shall not pally to architects or landscape architects
as licensed pursuant to the Architects Practice Act and Landscape
Architects Practice Act, respectively."
6. Oppose Unless Amended. The Contractors State License Board (CSLB)
as well as the United Contractors (UCON) have taken an oppose
unless amended position on AB 186 and similarly write in their
letters that both UCON and CSLB support the goal of assisting
military families. However, they do not believe that the CSLB
licensing process is so long as to require the need for a temporary
license. Additionally, the bill applies to applicants who hold a
license in good standing in another state, district, or territory.
CSLB only has limited reciprocity with 3 other states, for a few of
California's 43 license classifications. Only about half of the
other states license at the state level and the scope of the
license varies in each jurisdiction, which would make it difficult
to use a license from another state to qualify for a license here.
7. Arguments in Opposition. The California Fence Contractors'
Association of the American Fence Association, Marin Builders
Association , and the Flasher Barricade Association oppose the
measure and state in their letter, "While this measure is
well-meaning, it would undermine and/or complicate the Contractors'
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License Board's (CSLB) licensing system?The CSLB only has limited
reciprocity with 3 other states, for a few of their license
classifications; however, they issue licenses in 44
classifications. Only about half of the other states license at the
state level (in others, it's is [sic] done at a local level) and
the scope of the license varies in each jurisdiction. As an
example, California has a general building license, which covers
all types of constructions, whereas some other state's license
[sic] based on residential building or commercial
construction?Beyond testing and the background check, the other
main part of California's license process is the experience
requirement (we do not have an education requirement). It is also
important to note that California does have a process currently in
place for an applicant to request to expedite an application."
8. The Board of Behavioral Sciences (BBS) submitted a letter
reflecting their support if amended position. In it they state,
"The BBS supports the intent of this bill to assist spouses of
military members to quickly obtain employment. However, the Board
respectfully requests three additional amendments in order to
ensure consumer protection is upheld:
An amendment to require that the temporary license
applicant provide a transcript to the licensing board;
An amendment requiring the temporary license applicant to
pass the Board's California Law and Ethics examination prior to
the issuance of the temporary license; and, (Note: recent
amendments to the bill require applicants to pass the Law and
Ethics examination)
An amendment allowing delayed implementation to
accommodate DCA's transition to the new BreEZe database
system."
1. Policy Issues for Consideration. The goal and spirit of this
legislation is to promote expedited licensure for military spouses
and domestic partners. As illustrated in the background section of
this analysis, the need for this action has been well studied and
documented. Further, there is a federal effort to encourage state
licensing entities to adopt policies that will assist in expediting
the licensure process for military spouses. In response, the
California Legislature passed AB 1904 in 2012. AB 186 attempts to
promote even more timely expedition of licenses by the DCA
licensing entities by granting an immediate provisional license for
a military spouse to practice in California. Concern remains that
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this bill may be premature as there has not been adequate time to
thoroughly study the results of the new expedited licensure
requirements that went into effect on January 1, 2013.
Though the language in the bill requires an applicant to submit
written verification from their original licensing jurisdiction
stating that the applicant's license in good standing, the bill
does not specify that the license needs to be current, active and
unrestricted. This is of utmost importance in order to ensure
consumer protection and maintain California's high standards of
enforcement and regulation. As such, the Author may want to add
language to the bill that would specify that "good standing" is
defined as a current, active an unrestricted license, in the
jurisdiction in which the applicant received their license.
SUPPORT AND OPPOSITION:
Support:
Easter Seals Disability Services
Medical Board of California
78 individuals
Support if Amended:
California Board of Accountancy
California Architects Board
Oppose Unless Amended:
Contractor's State Licensing Board
United Contractors
Oppose
California Fence Contractors Association
Marin Builders Association
Flasher Barricade Association
Board of Behavioral Sciences
Consultant:Le Ondra Clark, Ph.D.