BILL ANALYSIS �
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THIRD READING
Bill No: AB 186
Author: Maienschein (R), et al.
Amended: 6/25/14 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 9-0, 6/16/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Torres
SENATE APPROPRIATIONS COMMITTEE : 5-0, 6/30/14
AYES: De Le�n, Walters, Hill, Padilla, Steinberg
NO VOTE RECORDED: Gaines, Lara
ASSEMBLY FLOOR : 75-1, 5/29/13 - See last page for vote
SUBJECT : Professions and vocations: military spouses:
temporary licenses
SOURCE : Author
DIGEST : This bill 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, a 12-month temporary
license to practice in California; and permits a board within
DCA to require an applicant to successfully pass a jurisprudence
or law and ethics examination before granting a temporary
license to practice.
ANALYSIS :
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Existing law:
1.Provides for the licensure and regulation of various
professions and vocations by boards within DCA.
2.Defines the following terms:
A. "License" as a license, certificate, registration or
other means to engage in a business or profession regulated
by the Business and Professions Code (BPC).
B. "Board" as a board, bureau, commission, committee,
department, division, examining committee, program or
agency within DCA.
C. "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.
D. "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.
1.Requires a board within DCA to expedite the licensure process
for an applicant who meets both of the following requirements:
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/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
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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, active, and unrestricted
license conferring upon him/her the authority to practice,
in another state, district or territory of the United
States, the profession or vocation for which he/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;
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 BPC 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.
1.Exempts the California Architects Board, the Landscape
Architects Technical Committee, the Contractors State License
Board (CSLB), and the Board of Chiropractic Examiners from the
requirements of this bill.
2.Specifies that an applicant seeking a temporary license as a
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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.
3.Specifies that a board within DCA may require an applicant to
successfully pass a jurisprudence or California law and ethics
examination for the issuance of the temporary license, if
passing the examination is a requirement of all applicants for
full licensure.
4.Specifies that a board within DCA may adopt necessary
regulations to enact this bill.
5.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.
6.Permits the boards within DCA to issue a notice to cease the
practice of medicine immediately upon receipt of the
notification of the termination of the temporary license.
7.Specifies that the provisions of this bill do not apply to a
board within DCA that has established a temporary licensing
process before January 1, 2014.
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.
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United States Department of Defense (DOD) and Department of the
Treasury (DOT) Report . On January 24, 2011, 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 10 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 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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Military Spouses Employment Partnership (MSEP) . On June 29,
2011, MSEP was launched. 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 2012, 34 companies joined the MSEP and pledged
to recruit, hire, promote and retain military spouses in
portable careers.
Expedited licensure for military spouses . In 2012, AB 1904
(Block, Chapter 399) was passed. The bill required all
licensing entities under DCA to issue an expedited license to
the spouse or domestic partner of a military member on active
duty, beginning January 1, 2013. DCA reports that across all
boards under its jurisdiction, approximately 90 expedited
licenses have been granted to military spouses or domestic
partners.
BreEZe . DCA is currently in the process of implementing BreEZe,
a new database and Web site system that centralizes the
licensing and enforcement functions of all the licensing
programs under DCA. Full implementation is scheduled to take
place in three stages over an 18-month span through 2015. Once
completed, individuals will be able to apply and pay for
licenses and consumers can file complaints using a single Web
site as a one-stop shop. Full implementation of BreEZe should
result in substantial cost savings related to the licensing
functions among the numerous DCA boards and bureaus.
Comments
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
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estimated to be about 26% which is three times the national
average."
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs of less than $150,000 for each affected board
to develop and adopt regulations to provide for a temporary
license (various special funds). The process to promulgate
regulations is likely to take one year from the time of
enactment.
DCA indicates that, assuming the current BreEZe comprehensive
licensing IT project is completed by the time regulations are
adopted, the total one-time costs to provide for a temporary
license at the department level are likely to be approximately
$20,000. If there are unforeseen delays, a number of "release
three" boards and bureaus would be required to update existing
stand-alone licensing programs at a cumulative cost of
approximately $370,000. These costs would be shared among the
special funds of 14 professional board and bureaus.
The Bureau of Real Estate and Bureau of Real Estate
Appraisers, which are not a part of the BreEZe system, will
incur costs of approximately $40,000 and $20,000, respectively
(Real Estate Fund, Real Estate Appraisers Regulation Fund).
SUPPORT : (Verified 7/2/14)
American Legion-Department of California
AMVETS-Department of California
California Association for Health Services at Home
California State Commanders Veterans Council
Department of Defense
Easter Seals Disability Services
Marine Corps Installations West
Medical Board of California
National Military Family Association
San Diego Military Advisory Council
Veterans Caucus of the California Democratic Party
VFW-Department of California
Vietnam Veterans of America-California State Council
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OPPOSITION : (Verified 7/2/14)
Board of Behavioral Sciences
ARGUMENTS IN SUPPORT : The Department of Defense writes, "The
Department of Defense has made licensure for military spouse
career portability a priority issue. Military spouses who have
licenses in good standing in one state but move to another on
military orders often have difficulty getting licensed and
finding employment in a timely fashion. We hope to level the
playing field for military spouses in quickly finding work as
they move from assignment to assignment accompanying their
Service member spouse. ? Military spouse employment is a key
component of the White House Joining Forces initiative."
The Easter Seals Disability Services 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."
ARGUMENTS IN OPPOSITION : The Board of Behavioral Sciences
supports the intent of this bill to assist spouses of military
members to quickly obtain employment. However, the Board
believes this bill raises serious public protection concerns
that are unique to the therapist-patient relationship.
ASSEMBLY FLOOR : 75-1, 5/29/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Patterson, Perea, V. Manuel P�rez,
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Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. P�rez
NOES: Dickinson
NO VOTE RECORDED: Holden, Linder, Pan, Vacancy
MW:e 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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