BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:June 28, 2010         |Bill No:AB                         |
        |                                   |2500                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                         Bill No:        AB 2500Author:Hagman
                     As Amended:  June 22, 2010         Fiscal:Yes

        
        SUBJECT:    Business and professions:  licenses: penalty fees:  
        military service. 
        
        SUMMARY:  Clarifies that any licensee of any board, commission or  
        bureau under the Department of Consumer Affairs may have their license  
        reinstated if it expired while they were serving on  active   duty  as a  
        member of the National Guard of the United States Armed Forces rather  
        than just during a period of war.  Allows the licensing entity to  
        determine, however, whether the applicant for reinstatement was  
        actively engaged in their practice while on active duty, and if not,  
        then an examination may be required.   

        Existing law:
        
        1)Provides for the licensure and regulation of various businesses and  
          professions by various boards, bureaus and a commission under the  
          Department of Consumer Affairs (Department).

        2)Provides that notwithstanding any other provision of law, that any  
          licensee or registrant of any board, commission or bureau within the  
          Department  who permits his [or her] license or registration to  
          expire while serving in any branch of the armed services of the  
          United State during a period of war, as defined, may, upon  
          application, reinstate his [or her] license or registration without  
          examination or penalty, provided:

           a)   His or her license or registration was valid at the time he  
             [or she] entered the armed services.

           b)   That application for reinstatement is made while serving in  
             the armed services, or not later than one year from the date of  





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             discharge from active service or return to inactive military  
             status.

           c)   The application of 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.

        3)Provides that if the application of 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.

        4)Requires, unless otherwise provided in law, any licensee or  
          registrant who, either part time or full time, practices in this  
          state the professions or vocation for which he [or she] is licensed  
          or registered to maintain his [or her] license in good standing even  
          though her [or she] is in military service.

        5)Provides that time spent by a licensee in receiving treatment or  
          hospitalization in any veteran's 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.

        6)Defines "war" as:

           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. 

        This bill:

        1) Provides that notwithstanding any other provision of law, except as  
           provided under the Medical Practices Act, that any licensee or  
           registrant of any board, commission or bureau within the Department  
           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  





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           [or her] license or registration without examination or penalty,  
           provided.

        2) Deletes the term "armed services" and inserts "California National  
           Guard or the United States Armed Forces" throughout these  
           provisions.

        3) Provides that if application for reinstatement is filed and the  
           licensing agency determines that the applicant has not actively  
           engaged in the practice of her or her profession while on active  
           duty, then the licensing agency may require the applicant to pass  
           an examination. 

        4) Repeals the definition of "war."

        FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
        Legislative Counsel.

        COMMENTS:
        
        1. Purpose.  According to the Author who is the Sponsor of this  
           measure, this bill would basically allow men and women of the armed  
           forces to have their license reinstated if their license expired  
           while they were in service on active duty (rather than just during  
           a period of war).  The Author states that existing law is ambiguous  
           about who can be reinstated while servicing on active duty and that  
           the definition of "a time or war" had been critiqued and criticized  
           by the Department of Military Affairs.  This bill is intended to  
           clarify and clean up the language in order to cover all members of  
           the armed forces on active duty if their license may have lapsed.

        2. Related Legislation This Session.   AB 2386  (Gilmore) authorizes a  
           hospital to enter into an agreement with the Armed Forces of the  
           United States to authorize a physician and surgeon, physician  
           assistant, or a registered nurse to provide medical care in the  
           hospital under specified conditions.  This measure passed out of  
           this Committee by a vote of 7-0 on June 14, 2010.
        
        3. Previous Related Legislation.   AB 1952  (Berg, Chapter 435, Statutes  
           of 2008) exempts honorably discharged veterans who are California  
           residents from paying city, county and state license fees.

         AB 839  (Emmerson, Chapter 194, Statutes of 2007) adds National Guard  
           members to the list of military services who would be exempt from  
           having to renew their real estate license while serving on active  
           duty.





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        SUPPORT AND OPPOSITION:
        
         Support:  

        California State Commanders Veterans Council

         Opposition:  

        None on file as of June 21, 2010.



        Consultant:Bill Gage