BILL ANALYSIS �
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|Hearing Date:April 29, 2013 |Bill No:SB |
| |723 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 723Author:Correa
As Amended:April 23, 2013 Fiscal:Yes
SUBJECT: Veterans.
SUMMARY: Requires The Employment Development Department (EDD) and the
Department of Consumer Affairs (DCA), on or before January 1, 2015, to
report to the Legislature on best practices in other states to help
veterans become licensed by using their documented military education
and experience.
NOTE : This bill was heard by the Senate Committee on Labor on April
10, 2013 and passed on a 5-0 vote.
Existing law:
1)Federal law, establishes the Workforce Investment Act of 1998 (WIA)
which provides for activities and programs for job training and
employment investment in which states may participate, including
work incentive and employment training outreach programs. WIA funds
are distributed from the U.S. Department of Labor (DOL) through
three revenue streams - Adult, Youth, and Dislocated Workers to the
states based on formulas that consider unemployment rates and other
economic and demographic factors.
2)Provides for the establishment of employment training programs and
specifies which individuals qualify as "eligible participants" of
the training programs. Establishes the ETP in EDD with duties
including entering into contracts for training in job-related
vocational skills, as specified and permits the ETP, subject to
certain requirements, to delegate its authority to approve contracts
for new hire training to any entity, as specified, for purposes of
serving the needs of small businesses. Authorizes the ETP to
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delegate its authority to approve contracts for training to local
workforce investment boards. Requires the ETP to allocate its
annual funds for the training programs designed for individuals who
are currently working and receiving specified benefits.
(Unemployment Insurance Code (UI) � 10200 - 10217)
3)Authorizes the Employment Development Department (EDD), among other
things, to study and make recommendations as to actions which might
promote the prevention of unemployment and stabilization of
employment, encourage and assist in the adoption of practical
methods of vocational training, and promote re-employment of
workers. (UI �325)
4)Requires the EDD, in consultation and coordination with veterans'
organizations and veteran service providers, to do all of the
following (UI �325.5):
a) Research the needs of veterans throughout the state and
develop a profile of veterans' employment and training needs
b) Develop a statewide plan for the equitable distribution of
employment funds for veterans' employment services
c) Seek federal funding for purposes of subdivision (a).
8)Requires that EDD, following any fiscal year in which state funds
support the Veterans Employment Training services program, to
provide an annual report to the Legislature (on or before November
1) regarding the following performance measures (UI �325.6):
a) The number of veterans receiving individualized, case managed
services.
b) The number of veterans receiving these services and entering
employment.
c) The retention rate for veterans who enter employment.
d) The average earnings for veterans entering employment.
9)Provides for the licensure and regulation of certain businesses,
occupations, and professions by specified boards within the
Department of Consumer Affairs (DCA) created under the Business and
Professions Code (BPC).
10)Requires these boards to adopt rules and regulations to provide
methods of evaluating education, training, and experience obtained
in the armed services, if applicable to the requirements of the
business, occupation, or profession regulated, and to specify how
this education, training, and experience may be used to meet the
licensure requirements for the particular business, occupation, or
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profession regulated. Requires these boards to consult with the
Department of Veterans Affairs (Cal Vet) and the California Military
Department (CMD) before adopting these rules and regulations. (BPC
� 35)
This bill: Requires EDD and DCA, on or before January 1, 2015, to
present a report to the Legislature containing best practices by state
governments around the nation in facilitating the credentialing of
veterans by using their documented military education and experience.
FISCAL EFFECT: Unknown. This bill is keyed "fiscal" by Legislative
Counsel.
COMMENTS:
1. Purpose. The Author is the sponsor of this bill. According to the
Author, veterans are typically held back, prevented, or discouraged
from finding or securing employment when either colleges or state
boards establish policies that do not recognize military education
and training. The Author states that the recession has taken a
tremendous toll on the economy and returning veterans are competing
with age cohort peers, many of whom enter the weakened job market
with the advantage of freshly earned college degrees. To make
things worse, the withdrawal of troops from Iraq and Afghanistan,
combined with ongoing troop reduction in each military branch, make
it increasingly difficult for young service members to reenlist,
forcing more of them into the uneven competition for scarce
civilian jobs.
The Author states that California is home to approximately two
million veterans and about half of them, aged 60 or older, served
during World War II, the Korean War, and during the Vietnam era.
The Author states that approximately 14 percent are veterans of the
first Gulf War-era, whose service was confined to the period
between 1990 and August 2001. The Author adds that nearly 10
percent are veterans of the Gulf War-era II, individuals who are
also known as Post-9/11 veterans whose service occurred sometime
after September 2001. According to the Author, another 26 percent
of California veterans were in uniform during other services
periods between major conflicts.
The Author states that according to the U.S. Bureau of Labor
Statistics, the unemployment rate for Post-9/11 veterans is
unacceptably high, and the jobless rate is especially high for the
youngest of these veterans, those between the ages of 18 and 24,
with nearly one-third out of work. While the unemployment rate
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among individuals who are not veterans is about nine percent, the
unemployment rate for Post-9/11 veterans is 12 percent.
Nationally, more than 30 percent of the youngest veterans, those
aged 18-24, who comprise 12.5 percent of the Post-9/11 veteran
population, are unemployed.
2. Background. California is home to over 1.8 million veterans,
representing 8.3 percent of the total U.S. veteran population.
Seventy-two percent of the veteran population is fifty years of age
or above, and the number of veterans 85 years of age or older is
projected to increase 20% between 2010 and 2019. Cal Vet
anticipates receiving an additional 35,000-40,000 discharged
members of the armed services each year for the next several years
- more than any other state. According to the department,
historically, the largest demand for benefits and services for
veterans occurs immediately after discharge and again as the
veteran population ages and requires greater access to medical
facilities and long-term care services.
According to a January 2013 memorandum prepared by the Senate
Office of Research (SOR), titled Employment Opportunities for
(Semi-Skilled or Unskilled) Veterans, California does not provide a
coordinated, integrated system that streamlines employment-related
services to veterans. According to SOR, veterans find many services
fragmented and without a single point of entry. SOR also examined
the need to facilitate veterans who want to receive licensure or
certification (academic) credit for military education, training,
and experience.
According to the Author, in mid-March, the Joint Legislative Audit
Committee approved the Author's request to conduct a comprehensive
audit of the EDD's effectiveness in providing employment assistance
and job training programs to veterans. This includes determining if
EDD has identified best practices for translating military training
and experience into comparable civilian job skills. It also asked
the Bureau of State Audits (BSA) to determine if EDD's strategic
plan considers the unique needs of veterans.
3.Recent Reports on This Issue. As part of the 2012-13 Budget Package,
the Legislature directed the DCA to prepare a report on the
implementation of BPC � 35 relating to military experience and
licensure. The DCA was specifically asked to provide a list of
boards that accept military experience and a description of the
statutes and regulations that authorize the acceptance of military
experience towards licensure. The DCA was also asked to provide a
list of boards that do not accept military experience and an
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explanation as to why they do not. (Budget Item 1110-001-XXXX)
In October 2012, DCA released its Report to the California State
Legislature: Acceptance of Military Experience & Education Towards
Licensure. According to the report, nine of DCA's licensing
programs have specific provisions in their statutes and regulations
that authorize the acceptance of military experience or education
towards licensure. Those programs include the Bureau of Automotive
Repair, Board of Barbering and Cosmetology, Board for Professional
Engineers, Land Surveyors, and Geologists, Board of Pharmacy,
Physical Therapy Board of California, Board of Registered Nursing,
Respiratory Care Board, Bureau of Security and Investigative
Services and Board of Vocational Nursing and Psychiatric
Technicians. Many more programs also have broad discretion in
approving credit earned in the military towards licensure.
In the report, DCA outlined the top three priority vocational areas,
as identified by the CMD, based on the large number of veterans who
possess skills in these areas when leaving the military.
Specifically:
Security (Bureau of Security and Investigative Services
[BSIS])
BSIS has implemented the "Veterans Come First" program, which
helps veterans apply their military experience and training
towards part or all of the qualification requirements for
licensure. Through this program, BSIS has already assisted
nearly 400 veteran applicants obtain licensure. As part of the
program, BSIS has expedited applications from veterans,
provided veterans with direct phone and email contact
information for a BSIS staff person, assigned staff to work
one-on-one with applicants from the military who have complex
or complicated applications with large amounts of information
and experience to review and trained staff to analyze
"Certificate of Release or Discharge from Active Duty" Papers
(DD-214s) and Military Transcripts.
Construction (Contractors' State License Board)
CSLB met with CMD and is developing a program to assist
eligible veterans to gain licensure. CSLB's objectives are to
partner with the CMD to identify the specific job
classifications in the military that would meet California's
minimum standards for licensure, expedite the application
process for veterans, provide veterans with direct email access
to CSLB employees who have been specifically trained in
military job ranges and military classifications and to create
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a website dedicated to providing members of the military with
information on how they can become a licensed contractor.
Automotive Repair (Bureau of Automotive Repair (BAR)
BAR has also met with CMD and is currently working on modifying
its applications to include a statement regarding the ability
of veterans to apply military experience and training towards,
providing similar information on its website and coordinating
with the CMD to determine possible military job classifications
that relate to the automotive repair industry in order to
simplify the acceptance of military experience towards
licensure. BAR also reports that diesel-powered vehicles have
recently been included in the state's SmogCheck Program and
smog inspections will be focused on interpreting data obtained
from vehicles' on-board diagnostic systems so veterans with
technical experience in related areas like diesel-powered
vehicles will help meet the need for skilled technicians in
these specialized automotive fields.
A report issued by the Executive Office of the President in February
of this year, The Fast Track to Civilian Employment: Streamlining
Credentialing and Licensing for Service Members, Veterans and Their
Spouses outlined the unique challenges that confront service
members, military spouses and veterans in establishing their
qualifications for civilian employment, and outlines the measures
that the Administration and states have taken, and still need to
take, to ensure that the skills and abilities of these individuals
can be applied to meet employer needs while providing good,
meaningful jobs for our military families.
According to the report, since February 2012, 17 states have passed
spousal licensing legislation, bringing the overall total to 28
states with military spouse licensure measures in place and an
additional 15 states have active spouse licensure bills. The report
stated that through collaboration with state legislators and
regulators, the Department of Defense (DOD) has worked towards state
adoption of best practice options that can expedite the transfer of
military spouse licenses that are in good standing and are
substantially equivalent: licensure through endorsement; temporary
licensure; and expedited processes for issuing licenses. The report
also stated that the Department of Defense Military Credentialing
and Licensing Task Force (Task Force), established in 2012 at the
direction of President Obama, has identified and created
opportunities for service members to earn civilian occupational
credentials and licenses. The Task Force has focused its efforts on
well-paying industries and occupations that have a high demand for
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skilled workers, including: manufacturing, information technology,
transportation and logistics, health care and emergency medical
services. The Task Force has also worked with states and
institutions to streamline licensing for service members and
veterans, specifically targeting the occupations of bus and truck
drivers, emergency medical technicians, paramedics, and licensed
practical nurses. According to the report, a total of 34 states
have already passed laws to waive the driving skills test for
veterans with a record of safely operating vehicles similar to the
trucks and buses for which a commercial driving license is required,
and similar legislation is pending in the District of Columbia and 9
other states.
The report also highlighted a number of best practices that states
and industry can adopt to streamline the certification and licensing
for service members and veterans, similar to the requirements set
forth in this bill, and included model legislation from those
states.
4.Related Legislation. AB 186 (Maienschein) requires DCA's licensing
programs to issue temporary licenses for 12 months to military
spouses who qualify for, and request, expedited licensure as
authorized under current law. The bill is currently pending in the
Assembly Committee on Business, Professions and Consumer Protection.
AB 213 (Logue) establishes the Veterans Health Care Workforce Act of
2013, which requires schools accredited by healing arts boards
within DCA and the State Department of Public Health (DPH) to accept
satisfactory evidence of an applicant's education, training, and
practical experience completed during military service towards
licensure or certification. The bill is currently pending in the
Assembly Committee on Veterans Affairs.
AB 1588 (Atkins, Chapter 742, Statutes of 2012) allows military
personnel licensed by any of DCA's licensing programs to have their
license renewal requirements waived while on active duty in the
armed forces.
AB 1904 (Block, Chapter 399, Statutes of 2012) requires DCA's
licensing programs to expedite the licensure process for spouses and
domestic partners of members of the military serving on active duty
if the spouse or domestic partner is licensed in the same profession
in another state.
AB 2462 (Block, Chapter 404, Statutes of 2012) required the
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Chancellor of the California Community Colleges to determine which
courses should be awarded credit for prior military academic
experience using standards of the American Council on Education.
AB 2659 (Blumenfield, Chapter 406, Statutes of 2012) allowed
licensed drivers of military commercial vehicles to qualify for a
California commercial driver's license without additional California
driving tests.
SB 1405 (de Le�n, Chapter 411, Statutes of 2012) allows military
personnel, beginning January 1, 2014, who possess a license issued
by the California Board of Accountancy to have renewal requirements
waived while on active duty in the armed forces.
AB 557 (John Perez) of 2011 would have created the California
Interagency Council on Veteran Services and Programs to assess how
California veterans are accessing available state and federal
benefits. The bill was held in the Senate Committee on
Appropriations.
AB 2783 (Assembly Committee on Veterans Affairs, Chapter 214,
Statutes of 2010) added the CMD as an entity required to be
consulted before the adopting of rules and regulations that provide
for the licensure and regulation of certain businesses, occupations,
and professions by specified boards within DCA.
AB 748 (Gilmore) of 2010 would have established the California
Veterans and Workforce Development Division under CalVet and charged
it with coordinating with other state agencies to provide services
to veterans. The bill was held in the Senate Committee on Rules.
AB 1378 (V. Manual Perez) of 2010 would have created an evaluation
procedure under the California Workforce Investment Board (CWIB) to
determine the effectiveness of the state's veteran workforce
development programs. The bill was amended at the end of Session
and held in the Senate Committee on Rules.
AB 2143 (Gilmore) of 2010 would have required the EDD in
coordination with CalVet to conduct a study on how EDD's veteran
employment and job training programs are structured and suggestions
for improvements. The bill was held in the Senate Committee on
Veterans Affairs.
AB 716 (Huber) of 2009 was intended to help CalVet identify veterans
in the state with the help of EDD and DMV. The bill was vetoed by
the Governor.
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1.Arguments in Support. The California Labor Federation supports this
bill, writing that far too often, vets return with valuable skills
that go underutilized, harming both veterans and the California
economy. The organization further states that with more research
in, and knowledge of this problem, potential solutions can be
explored and job opportunities for veterans will improve.
SUPPORT AND OPPOSITION:
Support:
California Labor Federation
Opposition:
None on file as of April 23, 2013
Consultant:Sarah Mason