BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1226
Author: Correa (D), et al.
Amended: 8/19/14
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 9-0, 8/28/14
(Pursuant to Senate Rule 29.10)
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Torres
ASSEMBLY FLOOR : 77-0, 8/27/14 - See last page for vote
SUBJECT : Veterans: professional licensing
SOURCE : Author
DIGEST : This bill requires the 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.
Assembly Amendments delete the Senate version of this bill
relating to local campaign finance reform, and insert the
current language; and add coauthors.
ANALYSIS :
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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.
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.
3.Authorizes a licensee whose license expired while serving on
active military duty to reinstate his/her license without
examination or penalty upon meeting specified conditions.
4.Requires a DCA licensing board to waive the license renewal
fees, continuing education requirements, and other license
renewal requirements for a licensee called to active duty and
who will not perform licensed activities while on active duty.
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.
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.
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.
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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.
This bill:
1.Requires, after July1, 2016, boards under DCA, to expedite,
and authorizes boards to assist, the 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 existing law.
3.Makes clarifying changes.
Background
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 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."
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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 Council 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.
As part of the 2012-13 Budget package, the Legislature directed
DCA to prepare a report on the implementation of Business and
Professions Code 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.
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.
DCA also does not track the effectiveness of the current
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statutes and regulations toward licensing former members of the
military.
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).
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 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; (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 further assists these efforts by making clear that a person
registered and hired as a proprietary private security officer
could substitute his/her military training and experience in
lieu of completing a 16-hour security officer training course.
Comments
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 BSIS, while officers provide services
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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.
ASSEMBLY FLOOR : 77-0, 8/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Harkey, Jones-Sawyer, Vacancy
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MW:e 8/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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