Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency. Existing law provides for a variety of state benefits to veterans.

This bill would require the Department of Veterans Affairs and the Department of Consumer Affairs to, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses, as specified.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency. Existing law provides for a variety of state benefits to veterans.

This bill would require the Department of Veterans Affairs and the Department of Consumer Affairs to, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses, as specified.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency. Existing law provides for a variety of state benefits to veterans.

This bill would require the Department of Veterans Affairs and the Department of Consumer Affairs to, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans, veterans and their spouses, as specified.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency. Existing law provides for a variety of state benefits to veterans.

This bill would require the Department of Veterans Affairs and the Department of Consumer Affairs to, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 1137

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 4/10/18

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 4/16/18

AYES: Hill, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk

NO VOTE RECORDED: Fuller, Dodd

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 5/21/18

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: De León

ASSEMBLY FLOOR: 76-0, 8/16/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.

Assembly Amendments

narrow the bill by eliminating an ambiguous requirement to disseminate information through veteran groups in the state.

ANALYSIS:

Existing law:

1. Provides for a variety of state benefits to veterans.
2. Establishes CalVet, which is responsible for administering various programs and services for the benefit of veterans.
3. Establishes DCA to oversee the licensure, registration and regulation of various professions and vocations by its constituent boards, bureaus, committees, programs, and commissions.
4. Establishes certain considerations and processes to assist serving military and veterans, who are seeking professional license. (See Background for detail.)

This bill:

1. Requires that CalVet and DCA shall both, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.
2. Provides that the awareness efforts shall include, but not be limited to, all of the following:
   1. Proactive information dissemination to veteran groups in the state.
   2. Posting information and resources on each department’s respective Internet Web site.
   3. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

Background

Licensing programs - General. The DCA currently oversees 39 licensing programs that issue more than two million licenses, registrations and certifications in nearly 200 professional categories. These licensing boards are charged with regulating a particular profession through licensure and enforcement programs. Each of these entities is responsible for enforcing the minimum qualifications for licensure that are established by statute and regulation.

Licensure requirements vary in their specificity and flexibility. In many cases, the stated qualifications are specific and provide the regulating entity with little or no discretion over what experience or education can be accepted. Professional and occupational licensure requirements may range from merely completing a form and paying a licensing fee – to satisfying extensive requirements for experience and education and taking an exam.

Existing law regarding military and veterans

1. Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, that the rules and regulations of boards shall provide a method of evaluating education, training and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated. [Business and Professions Code (BPC) § 35]
2. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. (BPC § 114.5)
3. Requires, after July 1, 2016, that a board within DCA expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged and provides that the board may adopt regulations necessary to implement this requirement.
   (BPC § 115.4)
4. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified, and to this end, the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (BPC § 710)
5. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience. (Education Code § 66025.7)

Comments

According to the Senate Business, Professions and Economic Development Committee:

Update on legislative and DCA efforts to assist veterans. Due to the potential hardships of licensing on military applicants, veterans, and their families, the Legislature has passed, and DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 115.4 requires boards under the DCA to expedite and assist a veterans with the initial licensure process for those who are honorably discharged. BPC § 115.5 requires boards under the DCA to expedite licensure for military spouses. BPC § 115.6 requires boards under the DCA to issue a 12-month temporary license to military spouses with out-of-state licenses for specified occupations. BPC § 114 exempts licensees from penalties for reinstating a retired license if called to active duty. BPC § 114.3 requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met. BPC § 114.5 requires boards under the DCA to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in the military, and if the board authorizes veterans to apply military experience and training toward licensure requirements, that board shall post information on its Internet Web site about the ability of veteran applicants to apply their military experience and training toward licensure. In addition, Education Code § 66025.7 requires the Chancellor of the California Community Colleges to determine which courses should receive credit for prior military experience, using the descriptors and recommendations provided by the American Council on Education.

It is not clear how aware veterans are of all of these laws and regulations that have been implemented to provide these professional licensing benefits to veterans.

Recent review of DCA’s efforts to assist veterans. On February 27, 2017, the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions conducted a joint hearing to review DCA and to discuss issues that were identified by the Committees. One of the issues identified is the effort that DCA was undertaking to assist military veterans and spouses in navigating the licensure process and to expedite licensure timelines. The Committees recommended that it would be helpful to receive an update from DCA on additional proactive steps it is taking, beyond assisting entities in the implementation of legislation, to assist military personnel, veterans and military spouses in becoming licensed, and that it would be helpful for the DCA to advise the Committees on any gaps between the intent of the laws and outcomes (as recommended in the recent LHC report) and provide recommendations to bridge those gaps.  The Committees noted that it would also be helpful to know whether DCA reviews or assesses entities under its jurisdiction on their efforts to inform veterans of their eligibility for expedited licensing, which was also recommended in the LHC report.

Related/Prior Legislation

SB 1348 (Cannella, Chapter 174, Statutes of 2016) provided that if a board authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply this experience and training towards licensure.

SB 1155 (Morrell, 2016) would have required, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans. (Held in Assembly Appropriations Committee.)

SB 1226 (Correa, Chapter 657, Statutes of 2014) required boards and bureaus under DCA to expedite applications from honorably discharged veterans, and permitted 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.

AB 186 (Maienschein, Chapter 640, Statutes of 2014) required applicable licensing entities under the DCA to provide military spouses and domestic partners a 12-month temporary license if they meet specified requirements.

SB 723 (Correa, 2013) would have required the Employment Development Department and the 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. (Vetoed.)

AB 1057 (Medina, Chapter 693, Statutes of 2013) required licensing boards within the DCA, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.

AB 1904 (Block, Chapter 399, Statues of 2012) 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill imposes “minor and absorbable costs” onto CalVet and DCA.

SUPPORT: (Verified 8/17/18)

American G.I. Forum – Department of California

American Legion – Department of California

AMVETS – Department of California

California Architects Board

California State Commanders Veterans Council

Department of Defense

Military Officers Association of America, California Council of Chapters

National Guard Association of California
Vietnam Veterans of America – California State Council

OPPOSITION: (Verified 8/17/18)

None received

ASSEMBLY FLOOR: 76-0, 8/16/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Cristina Garcia, Low, McCarty

Prepared by:

8/18/18 12:29:02

**** END ****

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1137

Author:(Vidak) – As Amended Ver:June 14, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.

FISCAL EFFECT:

Minor and absorbable costs to CalVet and to DCA to post information on their internet websites and otherwise disseminate information.

COMMENTS:

1. Purpose. According to the author:

We need to do anything and everything we can to ensure veterans can continue to succeed after separating from the military. SB 1137 is a small but vital piece of the puzzle to reduce veteran unemployment, and ensure the men and women who served our country are rewarded for their sacrifice.

1. Background. The boards and bureaus within DCA oversee 38 licensing programs that issue more than 2 million licenses, registrations, and certifications. Licensing requirements vary between licensing entities. There are numerous provisions in existing law that provide programs or benefits designed to assist veterans with achieving licensure. It is not clear how well publicized these programs are to veterans and military spouses.

On February 27, 2017, the Senate Committee on Business, Professions, and Economic Development and the Assembly Committee on Business and Professions conducted a joint hearing to review DCA and to discuss issues that were identified by the committees. One of the issues identified was the effort DCA was undertaking to assist military veterans and spouses in navigating the licensure process and to expedite licensure timelines.

Under current practice, some of the entities with DCA make information for veterans readily available on their websites – such as DCA itself, the Board or Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians. However, this is not uniform practice across all entities within the department.

1. Related Legislation. SB 1071 (Roth) requires the Office of the Chancellor of the California Community Colleges to develop a uniform policy for awarding course credit for prior military education, training, and service, and requires each community college district to adopt and implement that policy. That bill is pending in this committee.
2. Prior Legislation. There has been substantial legislative effort in the last six years to assist veterans and their spouses with professional licensure:
3. SB 1348 (Cannella, Chapter 174, Statutes of 2016) provides that if a board authorizes veterans to apply military experience and training towards licensure requirements, that the board must post information on the board’s internet website about the ability of veteran applicants to apply this experience and training towards licensure.
4. SB 1155 (Morrell) of the 2015-16 Legislative Session, would have required, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans. That bill was held on this committee’s Suspense File.
5. SB 1226 (Correa, Chapter 657, Statutes of 2014) requires boards and bureaus under DCA 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.
6. AB 186 (Maienschein, Chapter 640, Statutes of 2014) requires applicable licensing entities under DCA to provide military spouses and domestic partners a 12-month temporary license if they meet specified requirements.
7. AB 1057 (Medina, Chapter 693, Statutes of 2013) requires licensing boards within DCA, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.
8. AB 1904 (Block, Chapter 399, Statues of 2012) requires 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.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: June 26, 2018

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 1137

Author:(Vidak) – As Amended Ver:June 14, 2018

SENATE VOTE: 38-0

SUBJECT: Veterans: professional licensing benefits

SUMMARY: Requires the Department of Veterans Affairs and the Department of Consumer Affairs to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.

EXISTING LAW:

1. Provides for the licensing and regulation of various professions and businesses by the 25 boards, nine bureaus, three committees, and one commission within the Department of Consumer Affairs under various licensing acts within the Business and Professions Code. (Business and Professions Code Section 101)
2. States that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified. To this end, the rules and regulations of boards shall provide a method of evaluating education, training, and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, occupation, or profession regulated. (Business and Professions Code Section 35)
3. Authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard of the United States Armed Forces to reinstate his or her license without examination or penalty, if certain specified requirements are met. (Business and Professions Code Section 114)
4. Requires every board within the Department of Consumer Affairs to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if they are applicable, for any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if certain specified requirements are met. (Business and Professions Code Section 114.3)
5. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Provides that if the board’s governing law authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply military experience and training towards licensure requirements. (Business and Professions Code Section 114.5)
6. Requires after July 1, 2016, a board within the Department of Consumer Affairs to expedite, and may assist in, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the United States Armed Forces and was honorably discharged. Business and Professions Code Section 115.4)
7. Requires a board within the Department of Consumer Affairs to expedite the licensure process for an applicant who is married, in a domestic partnership, or other legal union with an active duty member of the United States Armed Forces or who is assigned to a duty station within this state under official active duty military orders and holds a current license from another state in the profession or vocation for which her or she seeks a license from the board. (Business and Professions Code Section 115.5)
8. Requires a board within the Department of Consumer Affairs to issue, after appropriate investigation, a 12-month temporary license to practice in California for specified professions for an applicant who is married to or is in a domestic partnership or other legal union with an active duty member of the United States Armed Forces, or who is assigned to a duty station within this state under official active duty military orders, if specified requirements are met, including active licensure in another state. (Business and Professions Code Section 115.6)
9. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified. Requires the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (Business and Professions Code Section 710)
10. Authorizes a person registered and hired as a proprietary private security officer to submit a Verification of Military Experience and Training record that document that the person has completed equivalent military training in lieu of completing a course of training in security officer skills. Requires the Department of Consumer Affairs shall determine the type of equivalent military training that qualifies to serve as a substitute. (Business and Professions Code Section 7574.18(h))
11. Requires the State Bar of California to waive the membership fees of any member who is good standing with the State Bar of California at the time the member enters into military service for the period for which the service member is in military service. (Veterans Code Section 825)
12. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience. (Education Code Section 66025.7)

THIS BILL:

1. Requires the Department of Veterans Affairs and the Department of Consumer Affairs to both, in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses, including, but not limited to:
   1. Posting information and resources on each department’s internet web site.
   2. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, no significant state fiscal impact is anticipated.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author:

We need to do anything and everything we can to ensure veterans can continue to succeed after separating from the military. SB 1137 is a small but vital piece of the puzzle to reduce veteran unemployment, and ensure the men and women who served our country are rewarded for their sacrifice.

Background. The boards and bureaus within the Department of Consumer Affairs oversee 38 licensing programs that issue more than 2 million licenses, registrations, and certifications. Licensing requirements vary between licensing entities.

As noted in the existing law section, there are numerous provisions in current law that provide programs or benefits designed to assist veterans with achieving licensure. It is not clear how well publicized these programs are to veterans and military spouses.

Licensing and veterans. In 2015, the White House’s Council of Economic Advisors, in Occupational Licensing: A Framework for Policy Makers, pointed out that strict licensing creates barriers to mobility for workers in licensed professions, including military personnel and veterans. Further, the burdens could be harder on military applicants and their families, who tend to move much more than the general population. Military applicants may be stationed away from the state where they earned their license. Veterans may also end up moving to a different state when they are discharged. If the state they move to does not accept their license, the military applicants and their families may have to repeat education and training to meet the state-specific requirements. There are also several costs associated with licensing which veterans may be unaware of. Applicants and licensees typically have to pay to acquire the required education, pay an application processing fee, pay an examination fee, and pay an initial licensee fee. Depending on the profession, some licensees also have to pay renewal fees and continuing education fees.

Educational requirements and veterans. In 2015, the Department of Consumer Affairs provided an update to a prior report on veterans and licensing. The Department focused on boards providing acceptance of military experience towards licensure pursuant to Business and Professions Code Section 35, which requires that rules and regulations of boards shall provide for methods of evaluating education, training, and experience obtained in the armed services. It was found that none of the licensing programs had adopted regulations, but that many of the Department’s programs have either specific or broad authority to review and apply military education, experience, or training towards licensure. For example, the Bureau of Security and Investigative Services worked with over 5,000 military applicants to guide them through the application process in the last two years. The Contractors’ State License Board has also created a formal program to assist former military members with properly applying their education and experience and completing the licensing process.

In October 2016, the Little Hoover Commission released a report entitled, Jobs for Californians: Strategies to Ease Occupational Licensing Barriers which indicated that separating service members and military spouses are hard hit by occupational licensing regulations. The reported noted that, “The men and women who service our country, as well as their families, deserve better than to be kept out of occupations for which they qualify. California must focus less on new legislation and more on implementing past legislation.” In particular, the focus of the Commission’s report was on the problem veterans face with licensing boards accepting their military-acquired knowledge, skills and abilities toward credentialing and licensing requirements. The report noted that that the Department of Defense is taking steps to make it easier for state licensing boards to credit military experience and education to licensing requirements and that the military is working with the American Council of Education to analyze military training to see if it meets the rigor, content, and criteria of college credit. “The goal is to prevent separating service members from having to start from scratch. Many need only ‘bridge education’ (also called gap education) to fill in the gap between what they learned in the military and what they need to learn for their license.”

On February 27, 2017, the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions conducted a joint hearing to review the Department of Consumer Affairs and to discuss issues that were identified by the Committees. One of the issues that was identified is efforts that the Department was undertaking to assist military veterans and spouses in navigating the licensure process and to expedite licensure timelines. The Committees recommended that it would be helpful to receive an update from the Department on additional proactive steps it is taking, beyond assisting entities in the implementation of legislation, to assist military personnel, veterans and military spouses in becoming licensed, and that it would be helpful for the Department to advise the Committees on any gaps between the intent of the laws and outcomes (as recommended in the recent Little Hoover Commission report) and provide recommendations to bridge those gaps. The Committees noted that it would also be helpful to know whether the Department reviews or assesses entities under its jurisdiction on their efforts to inform veterans of their eligibility for expedited licensing, which was also recommended in the report.

Under current practice, some of the entities with the Department of Consumer Affairs make information for veterans readily available on their websites – such as the Department itself, the Board or Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians. However, this is not uniform practice across all entities within the Department.

Current Related Legislation.

SB 1071 (Roth) requires the Office of the Chancellor of the California Community Colleges to develop a uniform policy for awarding course credit for prior military education, training and service. This bill also requires each community college district to adopt and implement that policy. That bill is pending in the Assembly Higher Education Committee.

Prior Related Legislation.

SB 1348 (Cannella, Chapter 174, Statutes of 2016) provides that if a board authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply this experience and training towards licensure.

SB 1155 (Morrell) of 2016, would have required, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans. That bill was held in the Assembly Appropriations Committee.

SB 1226 (Correa, Chapter 657, Statutes of 2014) requires boards and bureaus under the Department of Consumer Affairs 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.

AB 186 (Maienschein, Chapter 640, Statutes of 2014) requires applicable licensing entities under the Department of Consumer Affairs to provide military spouses and domestic partners a 12-month temporary license if they meet specified requirements.

AB 1057 (Medina, Chapter 693, Statutes of 2013) requires licensing boards within the Department of Consumer Affairs, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.

AB 1904 (Block, Chapter 399, Statues of 2012) requires all licensing entities under the Department of Consumer Affairs to issue an expedited license to the spouse or domestic partner of a military member on active duty, beginning January 1, 2013.

REGISTERED SUPPORT:

None on file.

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Brendan McCarthy / B. & P. / (916) 319-3301

Date of Hearing: June 12, 2018

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 1137

Author:(Vidak) – As Introduced Ver:February 13, 2018

SENATE VOTE: 38-0

SUBJECT: Veterans: professional licensing benefits

SUMMARY: AS PROPOSED TO BE AMENDED

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans. Specifically, this bill:

1. Requires CalVet and DCA, in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.
2. Provides that the awareness efforts shall include, but not be limited to, all of the following:
   1. Posting information and resources on each department’s respective Internet Web site.
   2. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

EXISTING LAW:

1. Provides for the licensure, registration and regulation of various professions and vocations by the boards, bureaus, committees, programs, and commissions within the DCA.
   
2. Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, the rules and regulations of boards shall provide a method of evaluating education, training; and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated.
   
3. Authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard of the United States Armed Forces to reinstate his or her license without examination or penalty, if certain specified requirements are met.
   
4. Requires every board within DCA to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if they are applicable, for any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if certain specified requirements are met.
   
5. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in the military and provides that if the board’s governing law authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply military experience and training towards licensure requirements.
   
6. Requires after July 1, 2016, that a board within DCA expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the United States Armed Forces and was honorably discharged and provides that the board may adopt regulations necessary to implement this requirement.
7. Requires a board within DCA to expedite the licensure process for an applicant who is married, in a domestic partnership, or other legal union with an active duty member of the United States Armed Forces or who is assigned to a duty station within this state under official active duty military orders and holds a current license from another state in the profession or vocation for which her or she seeks a license from the board.
8. Requires a board within DCA to issue, after appropriate investigation, a 12-month temporary license to practice in California for specified professions for an applicant who is married to, or is in a domestic partnership, or other legal union with an active duty member of the United States Armed Forces, or who is assigned to a duty station within this state under official active duty military orders, if specified requirements are met.
   
9. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified, and to this end, the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession.
   
10. Provides that a person registered and hired as a proprietary private security officer may submit Verification of Military Experience and Training (VMET) records that document that the person has completed equivalent military training in lieu of completing a course of training in security officer skills and that DCA shall determine the type of equivalent military training that qualifies to serve as a substitute.
11. Authorizes the State Bar of California to waive the membership fees of any member who is good standing with the State Bar at the time the member enters into military service for the period for which the service member is in military service.
12. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience.

FISCAL EFFECT: This bill has not been analyzed by a fiscal committee.

COMMENTS: In October 2016, the Little Hoover Commission (LHC) released a report entitled, Jobs for Californians: Strategies to Ease Occupational Licensing Barriers which indicated that separating service members and military spouses are hard hit by occupational licensing regulations. The reported noted that, “The men and women who service our country, as well as their families, deserve better than to be kept out of occupations for which they qualify. California must focus less on new legislation and more on implementing past legislation.” In particular, the focus of the LHC report was on the problem veterans face with licensing boards accepting their military-acquired knowledge, skills and abilities toward credentialing and licensing requirements. The report noted that that the Department of Defense is taking steps to make it easier for state licensing boards to credit military experience and education to licensing requirements and that the military is working with the American Council of Education to analyze military training to see if it meets the rigor, content and criteria of college credit. “The goal is to prevent separating service members from having to start from scratch. Many need only ‘bridge education’ (also called gap education) to fill in the gap between what they learned in the military and what they need to learn for their license.”

According to the author:

“We need to do anything and everything we can to ensure veterans can continue to succeed after separating from the military. SB 1137 is a small but vital piece of the puzzle to reduce veteran unemployment, and ensure the men and women who served our country are rewarded for their sacrifice.”

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion – Department of California

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters (MOAA)

Office of the Assistant Secretary of Defense

Vietnam Veterans of America – California State Council

National Guard Association of California

Opposition

None on file.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550

 THIRD READING  

Bill No: SB 1137

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 4/10/18

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 4/16/18

AYES: Hill, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk

NO VOTE RECORDED: Fuller, Dodd

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.

ANALYSIS:

Existing law:

1. Provides for a variety of state benefits to veterans.
2. Establishes CalVet, which is responsible for administering various programs and services for the benefit of veterans.
3. Establishes DCA to oversee the licensure, registration and regulation of various professions and vocations by its constituent boards, bureaus, committees, programs, and commissions.
4. Establishes certain considerations and processes to assist serving military and veterans, who are seeking professional license. (See Background for detail.)

This bill:

1. Requires that CalVet and DCA shall both, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.
2. Provides that the awareness efforts shall include, but not be limited to, all of the following:
   1. Proactive information dissemination to veteran groups in the state.
   2. Posting information and resources on each department’s respective Internet Web site.
   3. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

Background

Licensing programs - General. The DCA currently oversees 39 licensing programs that issue more than two million licenses, registrations and certifications in nearly 200 professional categories. These licensing boards are charged with regulating a particular profession through licensure and enforcement programs. Each of these entities is responsible for enforcing the minimum qualifications for licensure that are established by statute and regulation.

Licensure requirements vary in their specificity and flexibility. In many cases, the stated qualifications are specific and provide the regulating entity with little or no discretion over what experience or education can be accepted. Professional and occupational licensure requirements may range from merely completing a form and paying a licensing fee – to satisfying extensive requirements for experience and education and taking an exam.

Existing law regarding military and veterans:

1. Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, that the rules and regulations of boards shall provide a method of evaluating education, training and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated. [Business and Professions Code (BPC) § 35]
2. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. (BPC § 114.5)
3. Requires, after July 1, 2016, that a board within DCA expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged and provides that the board may adopt regulations necessary to implement this requirement.
   (BPC § 115.4)
4. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified, and to this end, the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (BPC § 710)
5. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience. (Education Code § 66025.7)

Comments

According to the Senate Committee on Business, Professions and Economic Development:

Update on Legislative and DCA Efforts to Assist Veterans. Due to the potential hardships of licensing on military applicants, veterans, and their families, the Legislature has passed, and DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 115.4 requires boards under the Department to expedite and assist a veterans with the initial licensure process for those who are honorably discharged. BPC § 115.5 requires boards under DCA to expedite licensure for military spouses. BPC § 115.6 requires boards under DCA to issue a 12-month temporary license to military spouses with out-of-state licenses for specified occupations. BPC § 114 exempts licensees from penalties for reinstating a retired license if called to active duty. BPC § 114.3 requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met. BPC § 114.5 requires boards under DCA to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in the military, and if the board authorizes veterans to apply military experience and training toward licensure requirements, that board shall post information on its Internet Web site about the ability of veteran applicants to apply their military experience and training toward licensure. In addition, Education Code § 66025.7 requires the Chancellor of the California Community Colleges to determine which courses should receive credit for prior military experience, using the descriptors and recommendations provided by the American Council on Education.

It is not clear how aware veterans are of all of these laws and regulations that have been implemented to provide these professional licensing benefits to veterans.

Recent Review of DCA’s Efforts to Assist Veterans. On February 27, 2017, the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions conducted a joint hearing to review DCA and to discuss issues that were identified by the Committees. One of the issues identified is the effort that DCA was undertaking to assist military veterans and spouses in navigating the licensure process and to expedite licensure timelines. The Committees recommended that it would be helpful to receive an update from DCA on additional proactive steps it is taking, beyond assisting entities in the implementation of legislation, to assist military personnel, veterans and military spouses in becoming licensed, and that it would be helpful for DCA to advise the Committees on any gaps between the intent of the laws and outcomes (as recommended in the recent Little Hoover Commission (LHC) report) and provide recommendations to bridge those gaps.  The Committees noted that it would also be helpful to know whether DCA reviews or assesses entities under its jurisdiction on their efforts to inform veterans of their eligibility for expedited licensing, which was also recommended in the LHC report.

Related/Prior Legislation

SB 1348 (Cannella, Chapter 174, Statutes of 2016) provided that if a board authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply this experience and training towards licensure.

SB 1155 (Morrell, 2016) would have required, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans. (Held in Assembly Appropriations Committee.)

SB 1226 (Correa, Chapter 657, Statutes of 2014) required boards and bureaus under DCA to expedite applications from honorably discharged veterans, and permitted 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.

AB 186 (Maienschein, Chapter 640, Statutes of 2014) required applicable licensing entities under the DCA to provide military spouses and domestic partners a 12-month temporary license if they meet specified requirements.

SB 723 (Correa, 2013) would have required the Employment Development Department and the 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. (Vetoed)

AB 1057 (Medina, Chapter 693, Statutes of 2013) required licensing boards within DCA, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.

AB 1904 (Block, Chapter 399, Statues of 2012) 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/9/18)

American Legion – Department of California

AMVETS – Department of California

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

National Guard Association of California

Vietnam Veterans of America – California State Council

OPPOSITION: (Verified 5/9/18)

None received

Prepared by:

5/9/18 13:23:50

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: Hearing Date: April 16, 2018

Subject:

SUMMARY:

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.

NOTE:

This measure was considered by the Senate Committee on Veterans Affairs on April 10, 2018 and passed out of that Committee on a 7-0 vote.

Existing law:

1. Provides for the licensure, registration and regulation of various professions and vocations by the boards, bureaus, committees, programs, and commission (board(s)) within the DCA.
   
2. Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, the rules and regulations of boards shall provide a method of evaluating education, training; and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated. (Business and Professions Code (BPC) § 35)
   
3. Authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard of the United States Armed Forces to reinstate his or her license without examination or penalty, if certain specified requirements are met. (BPC § 114)
   
4. Requires every board within DCA to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if they are applicable, for any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if certain specified requirements are met. (BPC § 114.3)
   
5. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in the military and provides that if the board’s governing law authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply military experience and training towards licensure requirements. (BPC § 114.5)
   
6. Requires after July 1, 2016, that a board within DCA expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the United States Armed Forces and was honorably discharged and provides that the board may adopt regulations necessary to implement this requirement.
   (BPC § 115.4)
7. Requires a board within DCA to expedite the licensure process for an applicant who is married, in a domestic partnership, or other legal union with an active duty member of the United States Armed Forces or who is assigned to a duty station within this state under official active duty military orders and holds a current license from another state in the profession or vocation for which her or she seeks a license from the board. (BPC § 115.5)
8. Requires a board within DCA to issue, after appropriate investigation, a 12-month temporary license to practice in California for specified professions for an applicant who is married to, or is in a domestic partnership, or other legal union with an active duty member of the United States Armed Forces, or who is assigned to a duty station within this state under official active duty military orders, if specified requirements are met. (BPC § 115.6)
   
9. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified, and to this end, the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (BPC § 710)
   
10. Provides that a person registered and hired as a proprietary private security officer may submit Verification of Military Experience and Training (VMET) records that document that the person has completed equivalent military training in lieu of completing a course of training in security officer skills and that DCA shall determine the type of equivalent military training that qualifies to serve as a substitute. (BPC § 7574.18)
11. Authorizes the State Bar of California to waive the membership fees of any member who is good standing with the State Bar at the time the member enters into military service for the period for which the service member is in military service.
    (Military and Veterans Code § 825)
    
12. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience. (Education Code § 66025.7)

This bill:

1. Requires CalVet and DCA to both, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.
2. Provides that the awareness efforts shall include, but not be limited to, all of the following:
   1. Proactive information dissemination to veteran groups in the state.
   2. Posting information and resources on each department’s respective Internet Web site.
   3. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

FISCAL EFFECT:

Unknown. This bill has been keyed “fiscal” by Legislative Counsel.

COMMENTS:

1. Purpose. This measure is sponsored by the Author. According to the Author, right now there are no requirements that CalVet or DCA make known to veterans the professional licensing benefits that have been enacted into law. This lack of outreach is problematic because it means some veterans are currently unaware of benefits they already qualify for in the realm of professional licensing. This bill is needed because California is home to more veterans than any other state (approximately 1.9 million). This bill is also needed because the unemployment rate for working age make veterans (ages 25-35) is higher than the national average.
2. Background. DCA currently oversees 38 licensing programs that issue more than two million licenses, registrations, and certifications in nearly 200 professional categories. These licensing boards are charged with regulating a particular profession through licensure and enforcement programs. Each of these entities is responsible for enforcing the minimum qualifications for licensure that are established by statute and regulation. Licensure requirements vary in their specificity and flexibility. In many cases, the stated qualifications are specific and provide the regulating entity with little or no discretion over what experience or education can be accepted. Professional and occupational licensure requirements range from completing a form and paying a licensing fee to satisfying significant experience, education and exam requirements.
   
3. Licensing Requirements Create a Burden for Veterans. In 2015, the White House’s Council of Economic Advisors, in Occupational Licensing: A Framework for Policy Makers, pointed out that strict licensing creates barriers to mobility for workers in licensed professions, including military personnel and veterans.
   
   Further, the burdens could be harder on military applicants and their families, who tend to move much more than the general population. Military applicants may be stationed away from the state where they earned their license (Permanent Change of Station (PCS) move). Veterans may also end up moving to a different state when they are discharged. If the state they move to does not accept their license, the military applicants and their families may have to repeat education and training to meet the state-specific requirements.
   
   There are also several costs associated with licensing which veterans may be unaware of. Applicants and licensees typically have to pay to acquire the required education, pay an application processing fee, pay an examination fee, and pay an initial licensee fee. Depending on the profession, some licensees also have to pay renewal fees and continuing education fees. As a result, even if a military applicant, military spouse, or veteran is licensed and meets the educational and experiential requirements, they almost always have to pay duplicative fees.
   
   A May 2015 Department of Veteran Affairs report found that the young veteran (18-24 years old) poverty rate was 11.9 percent and 14.2 percent if they had a disability. In addition, the California Department of Housing and Community Development found, “of California’s extremely low-income veteran renter households, 79 percent have a severe cost burden, spending more than 50 percent of their income on housing.” For those low-income veterans, licensing requirements would be another burden they face if they were to apply for an occupational license.
   
   Another consideration is that families with one or both active duty parents move more often than the average household. While there is usually some notice to the service member about a PCS move, service members are subject to an order to move and generally must do so. Often the service member knows well in advance that he or she will PCS, but the destination may not be known until much closer in time to the orders directing the move. Therefore, to the extent that the non-service member spouse holds a license or certification that is not the subject of reciprocity by the destination state, there can be a significant financial impact resulting from the cost of licensing in the destination state and the amount of delay before a license is granted (during which period the license applicant cannot work at the licensed profession).
4. Consideration of Military Experience and Education. In 2012, DCA provided a report to the Legislature regarding the licensing programs that have statutes or regulations that allow for the use of military experience and education to meet licensing requirements for the various boards under the Department. Report to the California State Legislature: Acceptance of Military Experience & Education Towards Licensure outlined administrative solutions that the Department’s programs were instituting to assist military applicants with the licensure process. It provided a breakdown of all licensing programs under the Department that allowed for members of the military to apply experience, education, or training towards licensure and those that did not.
   
   
   In 2015, DCA provided an update to its 2012 report and focused on boards providing acceptance of military experience towards licensure pursuant to BPC § 35, which requires that rules and regulations of boards shall provide for methods of evaluating education, training, and experience obtained in the armed services. It was found that none of the licensing programs have regulations based on BPC § 35, but that many of the Department’s programs have either specific or broad authority to review and apply military education, experience, or training towards licensure. For example, the Bureau of Security and Investigative Services worked with over 5,000 military applicants to guide them through the application process in the last two years. The Contractors’ State License Board has also created a formal program to assist former military members with properly applying their education and experience and completing the licensing process.
   
   In October 2016, the Little Hoover Commission (LHC) released a report entitled, Jobs for Californians: Strategies to Ease Occupational Licensing Barriers which indicated that separating service members and military spouses are hard hit by occupational licensing regulations. The reported noted that, “The men and women who service our country, as well as their families, deserve better than to be kept out of occupations for which they qualify. California must focus less on new legislation and more on implementing past legislation.” In particular, the focus of the LHC report was on the problem veterans face with licensing boards accepting their military-acquired knowledge, skills and abilities toward credentialing and licensing requirements. The report noted that that the Department of Defense is taking steps to make it easier for state licensing boards to credit military experience and education to licensing requirements and that the military is working with the American Council of Education to analyze military training to see if it meets the rigor, content and criteria of college credit. “The goal is to prevent separating service members from having to start from scratch. Many need only ‘bridge education’ (also called gap education) to fill in the gap between what they learned in the military and what they need to learn for their license.”
5. Update on Legislative and DCA Efforts to Assist Veterans. Due to the potential hardships of licensing on military applicants, veterans, and their families, the Legislature has passed, and DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 115.4 requires boards under the Department to expedite and assist a veterans with the initial licensure process for those who are honorably discharged. BPC § 115.5 requires boards under the Department to expedite licensure for military spouses. BPC § 115.6 requires boards under the Department to issue a 12-month temporary license to military spouses with out-of-state licenses for specified occupations. BPC § 114 exempts licensees from penalties for reinstating a retired license if called to active duty. BPC § 114.3 requires boards under the DCA to waive renewal fees, continuing education requirements, and other requirements for military licensees as long as specified requirements are met. BPC § 114.5 requires boards under the Department to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in the military, and if the board authorizes veterans to apply military experience and training toward licensure requirements, that board shall post information on its Internet Web site about the ability of veteran applicants to apply their military experience and training toward licensure. In addition, Education Code § 66025.7 requires the Chancellor of the California Community College to determine which courses should receive credit for prior military experience, using the descriptors and recommendations provided by the American Council on Education.
   
   It is not clear how aware veterans are of all of these laws and regulations that have been implemented to provide these professional licensing benefits to veterans.
6. Recent Review of DCA’s Efforts to Assist Veterans. On February 27, 2017, the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions conducted a joint hearing to review DCA and to discuss issues that were identified by the Committees. One of the issues that was identified is efforts that DCA was undertaking to assist military veterans and spouses in navigating the licensure process and to expedite licensure timelines. The Committees recommended that it would be helpful to receive an update from DCA on additional proactive steps it is taking, beyond assisting entities in the implementation of legislation, to assist military personnel, veterans and military spouses in becoming licensed, and that it would be helpful for the Department to advise the Committees on any gaps between the intent of the laws and outcomes (as recommended in the recent LHC report) and provide recommendations to bridge those gaps.  The Committees noted that it would also be helpful to know whether DCA reviews or assesses entities under its jurisdiction on their efforts to inform veterans of their eligibility for expedited licensing, which was also recommended in the LHC report.   

1. Related Legislation This Year. SB 1071 (Newman) requires, commencing January 1, 2019, the California Community Colleges to begin development of, and each community college district to subsequently begin adoption and implementation of, a uniform policy to award military personnel and veterans with an official Joint Services Transcript, as specified. (Status: This measure is pending in the Senate Education Committee.)
2. Prior Related Legislation. SB 1348 (Cannella, Chapter 174, Statutes of 2016) provides that if a board authorizes veterans to apply military experience and training towards licensure requirements, that the board shall post information on the board’s Internet Web site about the ability of veteran applicants to apply this experience and training towards licensure.
   
   SB 1155 (Morrell) of 2016, required, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans. (Status: This bill was held in Assembly Appropriations Committee.)
   
   SB 1226 (Correa, Chapter 657, Statutes of 2014) requires boards and bureaus under DCA 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.
   
   AB 186 (Maienschein, Chapter 640, Statutes of 2014) requires applicable licensing entities under the DCA to provide military spouses and domestic partners a 12-month temporary license if they meet specified requirements.
   
   SB 723 (Correa) of 2013, required the Employment Development Department (EDD) and the 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. (Status: This measure was vetoed by the Governor.)
   
   AB 1057 (Medina, Chapter 693, Statutes of 2013) required licensing boards within the Department of Consumer Affairs, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.
   
   AB 1904 (Block, Chapter 399, Statues of 2012) requires 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.
   
3. Arguments in Support. The Office of the Assistant Secretary of Defense (Pentagon, Washington, D.C.), Deputy Assistant Secretary of Defense for Military Community and Family Policy (Office), writes in support of this measure that would increase awareness of professional licensing benefits for veterans. “One of the priority issues for our Office this year is working with states to enhance the implementation of legislative efforts to support transitioning Service members, veterans and military spouses in obtaining professional licenses.”
   
   [This Office has] “worked with states to provide overarching legislation to allow/require boards to evaluate military training, education and experience to provide transitioning Service members credit towards achieving and occupational license. [This Office] “addressed licensure issues for military spouses using common practices of endorsement and temporary licensure in order to address as many occupations through a comprehensive (rather than occupation-specific) approach.” [This Office] “also found that states were willing to institute policies and practices that could expedite the processing of applications for military spouses.”
   
   This Office has reviewed the implementation of licensing policies modified to support military spouses and of the boards reviewed in each of the 50 states found that 44% of boards reviewed were not accessible on the first attempt and that customer service representatives were most often not aware of the legislation specific to military spouses and only about 40% of boards had information on websites specific to military spouse license and credential portability. “We believe similar results would be found concerning implementation of legislation and regulations related to professional licensing for transitioning Service members and veterans.”
   
   This Office believes that future efforts should be made to collaborate with occupational boards to prominently display information about accommodations for military spouses and veterans and include such information on their websites.
   
   

SUPPORT AND OPPOSITION:

Support:

American Legion – Department of California

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters (MOAA)

Office of the Assistant Secretary of Defense

Vietnam Veterans of America – California State Council

Opposition:

None on file as of April 10, 2018.

-- END --

SENATE COMMITTEE ON

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 4/10/18

Subject:

DESCRIPTION

Summary:

This bill requires the Department of Veterans Affairs (CalVet) and the Department of Consumer Affairs (DCA), in consultation with each other, to take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.

Existing law:

1. Provides for a variety of state benefits to veterans.
2. Establishes CalVet, which is responsible for administering various programs and services for the benefit of veterans.
3. Establishes DCA to oversee the licensure, registration and regulation of various professions and vocations by its constituent boards, bureaus, committees, programs, and commissions.

This bill:

1. Requires that CalVet and DCA shall both, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans.
2. Provides that the awareness efforts shall include, but not be limited to, all of the following:
   1. Proactive information dissemination to veteran groups in the state.
   2. Posting information and resources on each department’s respective Internet Web site.
   3. Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.

BACKGROUND

Licensing Programs. The Department currently oversees 39 licensing programs that issue more than two million licenses, registrations and certifications in nearly 200 professional categories. These licensing boards are charged with regulating a particular profession through licensure and enforcement programs. Each of these entities is responsible for enforcing the minimum qualifications for licensure that are established by statute and regulation.

Licensure requirements vary in their specificity and flexibility. In many cases, the stated qualifications are specific and provide the regulating entity with little or no discretion over what experience or education can be accepted. Professional and occupational licensure requirements may range from merely completing a form and paying a licensing fee – to satisfying extensive requirements for experience and education and taking an exam.

Existing law:

1. Specifies that it is the policy of this state that persons with the skills, knowledge, and experiences obtained during service in the United States Armed Services should be permitted to apply this learning and contribute to the employment needs of this state at the maximum level of responsibility and skill for which they are qualified, and that to this end, that the rules and regulations of boards shall provide a method of evaluating education, training and experience obtained in the armed services and determine how it may be used to meet the licensure requirements for the particular business, or occupation, or profession regulated. [Business and Professions Code (BPC) § 35]
   
2. Requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. (BPC § 114.5)
   
3. Requires after July 1, 2016, that a board within DCA expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged and provides that the board may adopt regulations necessary to implement this requirement.
   (BPC § 115.4)
4. States that it is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified, and to this end, the rules and regulations of healing arts boards shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (BPC § 710)
5. Requires, by July 1, 2015, the Chancellor of the California Community Colleges, using common course descriptors and pertinent standards of the American Council on Education, to determine for which courses credit should be awarded for prior military experience. (Education Code § 66025.7)

COMMENT

1. Committee Comments: Next referral to Senate Business, Professions and Economic Development Committee.
2. Prior/Related Legislation:

SB 1071(Newman, 2018) requires, commencing January 1, 2019, the California Community Colleges to begin development of, and each community college district to subsequently begin adoption and implementation of, a uniform policy to award military personnel and veterans with an official Joint Services Transcript, as specified. (Pending, Senate).

SB 1348 (Cannella, Chapter 174, Statutes of 2016) requires regulatory boards and bureaus within DCA to indicate on a license application that veterans may be able to apply military training and experience toward licensure requirements.

SB 1155 (Morrell, held, Senate Appropriations, 2016) requires, on or after January 1, 2018, every board under DCA to waive initial license fees for veterans.

SB 1226 (Correa, Chapter 657, Statutes of 2014) requires boards and bureaus under DCA 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.

AB 1057 (Medina, Chapter 693, Statutes of 2013) required licensing boards within the Department of Consumer Affairs, beginning January 1, 2015, to ask on every application for licensure if the applicant is serving in, or has previously served in, the military.

POSITIONS

Sponsor: Author.

Support:

American Legion – Department of California

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters (MOAA)

Vietnam Veterans of America – California State Council

Oppose: None received.

-- END --