BILL ANALYSIS Ó
AB 1588
Page 1
Date of Hearing: March 13, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1588 (Atkins) - As Amended: March 5, 2012
SUBJECT : Professions and vocations: reservist licensees: fees
and continuing education.
SUMMARY : Requires boards under the Department of Consumer
Affairs (DCA) to waive professional license renewal fees and
continuing education (CE) requirements for military reservists
called to active duty. Specifically, this bill :
1)Requires boards under DCA to waive license renewal fees and CE
requirements for any professional licensee who is a reservist
called to active duty as a member of the United States (U.S.)
Military Reserve or the California National Guard (CNG) if all
of the following requirements are met:
a) The license was in good standing at the time the
reservist was called to active duty;
b) The waiver is only for the period when the reservist is
on active duty service; and,
c) The active duty reservist or reservist's spouse or
registered domestic partner provides written proof of
active duty service to the board.
EXISTING LAW :
1)Provides for the licensing and regulation of various
professions and businesses by 26 boards, eight bureaus, and
one commission within DCA under various licensing acts within
the Business and Professions Code.
2)Authorizes members of the CNG or the U.S. Armed Forces to
reinstate their professional license or registration without
examination or penalty if their license or registration
expired while the licensee or registrant was on active duty.
3)Requires the State Bar of California (State Bar) to waive the
AB 1588
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membership fees of any attorney in good standing for the
duration of his or her military service when written proof of
military service is provided to the State Bar.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "AB
1588 would provide waivers from professional license renewal
fees and CE requirements for active duty military members. This
bill acknowledges that active duty military members who have
professional licenses are unable to perform the duties for which
they are licensed while on active duty. As such, these military
professionals should not be expected to pay to annually renew or
fulfill CE requirements for a professional license they cannot
use during their service period. In addition, they should not
be penalized for their military service either by allowing their
professional license to fall into delinquency during their
service period."
Background . Existing law authorizes members of the CNG or the
U.S. Armed Forces to reinstate his or her professional license
or registration without examination or penalty if their license
expired while the licensee or registrant was on active duty.
Any licensee or registrant who continues to practice the
profession for which he or she is licensed or registered for,
either part-time or full-time, must maintain an active license
in good standing, even while serving in the military. This bill
only applies to military reservists called to active duty, and
would exempt them from paying license renewal fees or fulfilling
CE requirements during military service. License renewal fees
and CE requirements vary according to each profession and its
regulatory board, commission, or bureau.
Support . According to the Veterans of Foreign Wars of the U.S.,
Department of California, "AB 1588 would provide waivers from
professional license renewal fees and CE requirements for
military reservists who are called to active duty. This change
in the state code would help to ensure that persons who are
serving the nation would not lose their professional licenses
while they are on active duty in the military services."
Previous Legislation . AB 1666 (Frommer), Chapter 345, Statutes
of 2005, required the State Bar to waive the membership fees of
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any attorney in good standing for the duration of his or her
military service when written proof of military service is
provided to the State Bar.
REGISTERED SUPPORT / OPPOSITION :
Support
Veterans of Foreign Wars of the United States, Department of
California
American Federation of State, County and Municipal Employees
American Nurses Association California
Hearing Health Care Providers of California
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301