BILL NUMBER: AB 2500	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN ASSEMBLY  MAY 20, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 19, 2010

    An act to add Section 36 to the Business and Professions
Code, relating to business and professions.   An act to
amend Section 114 of, and to repeal Section 114.5 of, the Business
and Professions Code, relating to professions and vocations. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2500, as amended, Hagman.  Business and professions:
licenses: penalty fees: military.   Professions and
vocations: licenses: military service.  
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes a licensee or registrant who
permitted his or her license to expire while serving in any branch of
the armed services of the United States during a period of war, as
defined, to, upon application, reinstate his or her license without
examination or penalty if certain requirements are satisfied. 

   This bill would instead authorize a licensee or registrant whose
license expired while the licensee or registrant was on active duty
as a member of the California National Guard or the United States
Armed Forces to, upon application, reinstate his or her license
without examination or penalty if those requirements are satisfied,
unless the licensing agency determines that the applicant has not
actively engaged in the practice of his or her profession while on
active duty, as specified. The bill would make other conforming and
technical changes.  
   Existing law provides for the licensure and regulation of various
businesses and professions by various state boards, bureaus, and
commissions. Existing law also provides certain protections for
members of the National Guard ordered into active state service by
the Governor or active federal service by the President of the United
States for emergency purposes, and for reservists called to active
duty, as specified.  
   This bill would waive the penalty fee for late renewal of any type
of state license for any profession subject to regulation by any
board, bureau, or entity within the Department of Consumer Affairs
for a member of the California National Guard or the United States
Armed Forces, who was on active duty at the time of the lapse of the
license. This bill would require a member to submit a copy of his or
her official military orders upon requesting the waiver of the
penalty fee. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 114 of the   Business
and Professions Code  is amended to read: 
   114.  (a) Notwithstanding any other provision of this code, any
licensee or registrant of any board, commission, or bureau within the
department,  who permitted his license or registration to
expire while serving in any branch of the armed services of the
United States during a period of war as defined in Section 114.5 of
this code   whose license expired while the licensee or
registrant was on active duty as a member of the California National
Guard or the United States Armed Forces,  may, upon application,
reinstate his  or her  license or registration without
examination or penalty; provided,
   (1) His  or her  license or registration was valid at the
time he  or she  entered the  armed services
  California National Guard or the United States Armed
Forces  .
   (2)  That   The  application for
reinstatement is made while serving in the  armed services
  California National Guard or the United States Armed
Forces  , or not later than one year from the date of discharge
from active service or return to inactive military status.
   (3) The application for reinstatement is accompanied by an
affidavit showing the date of entrance into the service, whether
still in the service, or date of discharge, and the renewal fee for
the current renewal period in which the application is filed is paid.

   (b) If application for reinstatement is filed more than one year
after discharge or return to inactive status, the applicant, in the
discretion of the licensing agency, may be required to pass an
examination. 
   (c) If application for reinstatement is filed and the licensing
agency determines that the applicant has not actively engaged in the
practice of his or her profession while on active duty, then the
licensing agency may require the applicant to pass an examination.
 
   (c) 
    (d)  Unless otherwise specifically provided in this
code, any licensee or registrant who, either part time or full time,
practices in this  State   state  the
profession or vocation for which he  or she  is licensed or
registered shall be required to maintain his  or her 
license in good standing even though he  or she  is in
military service.
   For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' facility
during which he  or she  is prevented from practicing his
 or her  profession or vocation shall be excluded from said
period of one year.
   SEC. 2.    Section 114.5 of the   Business
and Professions Code   is repealed.  
   114.5.  As used in Section 114 of this code, "war" means:
   (a) Whenever Congress has declared war and peace has not formally
been restored.
   (b) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has formally
been declared.
   (c) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.  
  SECTION 1.    Section 36 is added to the Business
and Professions Code, to read:
   36.  (a) A penalty fee for late renewal of any type of state
license for any profession subject to regulation by any board,
bureau, or entity within the Department of Consumer Affairs shall be
waived for a member of the California National Guard or the United
States Armed Forces who was on active duty at the time of the lapse
of the license.
   (b) The member shall submit a copy of his or her official military
orders upon requesting the waiver of the penalty fee.