BILL ANALYSIS �
SB 1226
Page 1
Date of Hearing: August 20, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
SB 1226 (Correa) - As Amended: August 19, 2014
SENATE VOTE : Vote not relevant
SUBJECT : Veterans: professional licensing.
SUMMARY : Requires Department of Consumer Affairs (DCA) boards
and bureaus to expedite applications from honorably discharged
veterans, and permits a person registered and hired as a
proprietary private security officer to submit a verification of
military training in lieu of completing a course in security
officer skills, as specified. Specifically, this bill :
1)Requires, after July1, 2016, boards under DCA, to expedite,
and authorizes boards to assist, the initial licensure process
for honorably discharged veterans, and authorizes boards to
adopt regulations necessary to implement this requirement.
2)Authorizes a proprietary private security officer to submit
records documenting equivalent military training, as
determined by DCA, in lieu of completing a security officer
training course as required under current law.
EXISTING LAW
1)Provides that "board" refers to the board in which the
administration of the provision is vested, and unless
otherwise expressly provided, includes "bureau," "commission,"
"committee," "department," "division," "examining committee,"
"program," and "agency." (Business and Professions Code (BPC)
Section 22)
2)Requires DCA licensing boards to promulgate regulations to
evaluate and credit military education, training, and
experience in meeting licensure requirements, if the military
education, training, and experience are applicable to the
profession. (BPC 22)
3)Authorizes a licensee whose license expired while serving on
active military duty to reinstate his or her license without
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examination or penalty upon meeting specified conditions.
(BPC 114)
4)Requires a DCA licensing board to waive the license renewal
fees, continuing education (CE) requirements, and other
license renewal requirements for a licensee called to active
duty and who will not perform licensed activities while on
active duty. (BPC 114.3)
5)Requires a DCA board 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, or is in a
legal union with, an active duty member of the Armed Forces of
the United States who is assigned to a duty station in
California under official active duty military orders. (BPC
115.5)
6)Requires, by July 1, 2015, the Chancellor of the California
Community Colleges, using common course descriptors and
pertinent recommendations of the American Council on
Education, to determine which courses should grant credit for
prior military experience. (Education Code Section 66025.7)
7)Provides for the licensing and regulation of private patrol
operators, the registration and regulation of security guards,
and the registration and regulation of proprietary private
security officers by the Bureau of Security and Investigative
Services (BSIS) within DCA, under the Private Security
Services Act. (BPC 7580 et seq.)
8)Authorizes applicants for licensure as security guards and
private patrol operators to substitute comparable military
training as a substitute for any training-related
requirements. (BPC 7582.8)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor one-time information technology costs of
$50,000 to DCA. All costs to the various boards should be minor
and absorbable, as boards are already implementing expedited
licensure processing for military spouses.
COMMENTS :
1)Purpose of this bill . This bill would require, beginning July
1, 2016, boards under DCA to expedite the initial licensure
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process for veterans, and requires BSIS to accept military
experience towards licensure for proprietary private security
officers. This bill seeks to assist veterans transitioning
into civilian life by reducing licensure delays and making it
easier to find work by giving them credit for the skills
developed during their time in the military. This is an
author-sponsored bill.
2)Author's statement . According to the author, "Current law
provides specific authority for the [BSIS] within DCA to
accept military training towards licensure for security guards
but not for proprietary private security officers (officers).
These officers often provide services similar to a security
guard but for different employers. Security guards are
employed by private patrol operators licensed by the Bureau,
while officers provide services for proprietary private
security employers, i.e. large corporations that employ their
own security, such as Walmart, Target, etc.
"[DCA's] licensing programs do not have clear statutory
authority to expedite the initial licensure process for
military personnel who are seeking employment after their
military service. [DCA's] licensing programs began expediting
the licensure process for spouses of active duty military
personnel in 2013; however, they have not been able to do so
for veterans. More than 30,000 veterans return to California
each year after leaving the United States Armed Services, and
many of them have difficulty transitioning back into civilian
life.
"Veterans experience a higher unemployment rate than the general
population, highlighting the fact that many have difficulty
finding a job after serving in the military. Translating
relevant military experience in a tangible license can create
job opportunities for veterans and ease the transition back to
civilian life."
3)Federal report on streamlining licensure for veterans . In
February 2013, the Executive Office of the President of the
United States issued a report entitled, The Fast Track to
Civilian Employment: Streamlining Credentialing and Licensing
for Service Members, Veterans, and their Spouses. The report
highlights how veterans have difficulties translating their
military experience into civilian certification and licensure,
and outlines a list of best practices for states to ensure
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that separating service members and veterans receive
appropriate licensure and academic credit for their training
and experience and do not face other unnecessary barriers to
qualifying for employment in high-demand occupations that
require certification or licensure. The report contends that,
"Military education, training, and experience are not always
recognized by state licensing agencies or by the organizations
that administer the related certifications or exams, making it
difficult for service members and veterans to qualify for the
credentials they need for professional positions. Challenges
include the absence of common standards for service
credentialing programs, inconsistent state laws, and a lack of
understanding about how military training and experience
translates into licensing and academic credits."
4)DCA . DCA currently oversees 36 licensing programs that issue
more than two million licenses, registrations, and
certifications in approximately 200 professional categories.
Existing law requires licensing boards under DCA to promulgate
regulations to evaluate military education, training, and
experience and specify how applicants may meet licensure
requirements if their military education and experience is
comparable to the boards' license qualification standards.
Each of the licensing programs is responsible for enforcing
the minimum qualifications established by statute and
regulation. The licensing boards under DCA operate as
semiautonomous bodies and have discretion over designing their
license application and approving applicants, resulting in
varying board policies relating to the acceptance of military
credit towards licensure.
5)State focus on veterans . In August 2011, Governor Edmund G.
Brown, Jr. created the Interagency Council on Veterans
(Council) through the issuance of Executive Order B-9-11.
DCA, the Department of Veteran Affairs, and the California
Military Department, along with several other state agencies,
are members of the Council, whose purpose is "to identify and
prioritize the needs of California's veterans, and to
coordinate the activities at all levels of government in
addressing those needs." In February 2012, the ICV convened
for the first time at a two-day conference during which
attendees participated in a guided facilitation focused on
identifying and prioritizing the current needs of California
Veterans.
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As part of the 2012-13 Budget Package, the State Legislature
directed DCA to prepare a report on the implementation of BPC
Section 35, which requires boards to evaluate military
experience and education towards licensure requirements. 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. DCA was also asked to provide a
list of boards that do not accept military experience and an
explanation as to why they do not. DCA was not asked to track
the effectiveness of the current statutes and regulations
toward licensing former members of the military.
On October 1, 2012, DCA released their findings, entitled Report
to the California State Legislature: Acceptance of Military
Experience & Education Towards Licensure, which included a
compilation of each professional license type and the
education and experience requirements necessary for each.
Of DCA's 33 licensing programs that license individuals, each
has different policies to address the acceptance of military
education and experience towards initial licensure. Nine
programs, including BSIS, were identified as having specific
statutes, rules, or regulations for accepting military
education or experience, while another 15 programs were
identified as having broad authority and discretion to accept
military education and experience. Five healing arts programs
were identified as not having specific provisions to accept
military experience or education, two programs were identified
as having minimal requirements that would not preclude a
veteran from applying, and two programs did not accept
military education and experience based on the lack of
comparable military experience.
In addition, DCA currently expedites licenses for the spouse or
domestic partner of a military member on active duty, which
was required by AB 1904 (Block), Chapter 399, Statutes of
2012.
6)Military credit under BSIS . According to DCA's report,
security services were one of the three top priority
vocational areas for returning veterans. 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. As part of
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BSIS' Veterans Come First program, BSIS has: a) expedited
applications from veterans; b) provided veterans with direct
phone and email contact information for a BSIS staff person;
and c) 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 d)
trained staff to analyze "Certificate of Release or Discharge
from Active Duty" Papers (DD-214s) and Military Transcripts.
Through this program, BSIS has assisted nearly 400 veteran
applicants obtain licensure as private patrol operators,
private patrol qualified managers, security guards, and
proprietary private security officers.
The report highlighted that because proprietary private security
officers are a new licensure type and BSIS does not have
authority to accept military training towards the
requirements, which are similar to those required for security
guards. This bill would further assist these efforts by
making clear that a person registered and hired as a
proprietary private security officer could substitute his or
her military training and experience in lieu of completing a
16-hour security officer training course.
7)Related legislation . AB 186 (Maienschein) of 2013 would
require applicable licensing entities under 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, as specified. This bill is
currently in the Senate.
AB 213 (Logue) of 2013 would require the Department of Public
Health (DPH) and healing arts boards within DCA to undertake
activities intended to facilitate the transition of military
veterans to civilian careers as health care professionals.
This bill was held in the Assembly Appropriations Committee.
AB 705 (Blumenfield) would require the Board of Registered
Nursing to identify the Armed Forces coursework, training, and
experience that is equivalent or transferable to coursework
required for licensure by the board, and require the board,
after evaluating a military applicant's education and
training, to provide the applicant with a list of the
coursework he or she must still complete to be eligible for
licensure. This bill was held in the Assembly Appropriations
Committee.
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AB 851 (Logue) would require the Dental Board of California to
accept equivalent military education, training, and experience
toward requirements to receive a license or certificate, and
require schools seeking accreditation or approval to evaluate
an applicant's military education, training, and experience
toward completion of an educational program that would qualify
a person to apply for licensure or certification, as
specified. This bill was held in the Assembly Business,
Professions and Consumer Protection Committee.
AB 1057 (Medina), Chapter 693, Statutes of 2013, required each
board under DCA to inquire in every application for licensure
if the applicant is serving in, or has previously served in,
the military.
SB 723 (Correa) of 2013 would require the Employment
Development Department (EDD) and DCA to report to the
Legislature on best practices in other states to help veterans
become licensed by using their documented military education
and experience. This bill was vetoed.
8)Prior legislation . AB 1588 (Atkins) Chapter 742, Statutes of
2012, allowed 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, required 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 1932 (Gorell) of 2012 would have required DCA healing arts
boards to issue a written report to the California Department
of Veterans Affairs and the Legislature that detailed the
methods for evaluating the education, training, and experience
obtained by applicants in military service and whether that
education, training, and experience is applicable to the
boards' requirements for licensure. This bill was held in the
Senate Rules Committee.
SB 1405 (De Le�n), Chapter 411, Statutes of 2012, allowed
military personnel who possess a license issued by the
California Board of Accountancy to have renewal requirements
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waived while on active duty in the armed forces.
AB 2783 (Committee on Veterans Affairs), Chapter 214, Statutes
of 2010, added the California Military Department 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 boards
within DCA.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Eunie Linden / B.,P. & C.P. / (916)
319-3301