BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2500|
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THIRD READING
Bill No: AB 2500
Author: Hagman (R)
Amended: 6/22/10 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 7-0,
6/28/10
AYES: Negrete McLeod, Aanestad, Calderon, Corbett, Correa,
Florez, Yee
NO VOTE RECORDED: Wyland, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 62-0, 5/28/10 - See last page for vote
SUBJECT : Professions and vocations: licenses: military
service
SOURCE : Author
DIGEST : This bill 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, and 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.
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ANALYSIS : 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 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.
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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 [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."
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Related Legislation
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.
Previous 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/10)
California State Commanders Veterans Council
ARGUMENTS IN SUPPORT : According to the author's office,
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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
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Calderon, Conway, Cook, Coto, Davis, DeVore, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Harkey, Hayashi, Hernandez,
Hill, Huber, Huffman, Jones, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Saldana, Skinner, Solorio, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Bill Berryhill, Tom Berryhill,
Blakeslee, Caballero, Carter, Chesbro, De La Torre, De
Leon, Emmerson, Furutani, Hall, Jeffries, Salas, Silva,
Smyth, Audra Strickland, Vacancy
JA:nl 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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