BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date:July 2, 2012 |Bill No:AB | | |1588 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Curren D. Price, Jr., Chair Bill No: AB 1588Author:Atkins As Amended:June 25, 2012 Fiscal:Yes SUBJECT: Professions and vocations: reservist licensee: fees and continuing education. SUMMARY: Authorizes all boards, commissions, bureaus, committees, departments, divisions, examining committees, programs and agencies within the Department of Consumer Affairs to provide waivers from professional license renewal fees and continuing education requirements for military reservists called to active duty Existing law: 1)Provides for the regulation of various professions and vocations by boards, commissions, bureaus, committees, departments, divisions, examining committees, programs and agencies within the DCA and for the licensure or registration of individuals. 2)Authorizes any licensee whose licensed 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 the following requirements are met: (Business and Professions Code (BPC) 114.3) a) The licensee was in good standing with the board at the time the reservist was called to active duty; b) The renewal fees or continuing education requirements are waived only for the period during which the reservist is on active duty service and; c) The active duty reservist, or the active duty reservist's AB 1588 Page 2 spouse or registered domestic partner, provides written notice satisfactory to the board that substantiates the reservist's active duty service. 3)Exempts licensees of the Medical Board from paying license renewal fees while engaged in full-time training or active service in the Army, Navy, Air Force, Marines or in the United States Public Health Service. (BPC § 2440) 4)Permits the Veterinary Medical Board to waive continuing education requirements for veterinarians who are on active military duty. (BPC § 4846.5(h)) 5)Permits the Board of Accountancy to waive continuing education requirements for its licensees who are on active military duty. (BPC § 5028) 6)Authorizes the State Bar of California to waive the membership fees of any member who is a service member if all of the following requirements are met: (Military and Veterans Code § 825) a) The member was in good standing with the State Bar of California at the time the member enters into military service. b) The membership fees are for the period for which the service member is in military service. c) The service member, or the service member's spouse, provides written notice to the State Bar of California that substantiates the service member's military service. This bill: 1)Adds committees, departments, divisions, examining committees, programs and agencies (as included in BPC § 22) to the list of entities under DCA that can waive fees and requirements. 2)Requires the boards, commissions, bureaus, committees, departments, divisions, examining committees, programs and agencies within DCA to waive the applicable renewal requirements of any licensee or registrant who is called to active duty as a member of the United States Military Reserve or the California National Guard. 3)Requires that written documentation substantiating the licensee or registrant's active duty service be provided to the board which regulates the licensee or registrant's profession. AB 1588 Page 3 4)Requires that licensees and registrants not engage in activities that would require a license during the period that the waivers are in effect. 5)Requires the licensee or registrant to meet all renewal requirements within one year from the reservist's date of discharge from active duty service. FISCAL EFFECT: According to the Assembly Committee on Appropriations dated March 28, 2012, there is "unknown, potentially significant revenue loss, in excess of 150,000 per year, in licensing revenue (various special funds). The majority of programs under the Department of Consumer Affairs do not track whether a licensee is a reservist member. Of those that do, approximately one-third to one-half of one percent of licensees fall under that category. Assuming that percentage across all the various licensing categories and in the unlikely event that half of those reservists were called to active duty at the same time, it would result in an annual revenue loss of up to $500,000." COMMENTS: 1.Purpose. The Author is the sponsor of the bill. According to the Author, active duty military members who have valid professional licenses are not able to perform the duties for which they are licensed while on active military duty. Therefore, they cannot receive the benefits of the licenses which they would pay to renew. Military reservists are in a unique situation because they are likely to have civilian vocations which they intend to return to after active duty. Their active duty status is a temporary departure from their civilian lives and employment. Therefore, AB 1588 proposes a temporary waiver of renewal requirements (such as fee payment and continuing education) to ensure that reservists will not be penalized for their service by having their license fall into delinquency and possible suspension. While the costs to renew individual licenses vary, they can be hundreds of dollars. It is important to find ways to support our military reservists' civilian lives while they serve our nation. 2.Background. Military Reservists. A reservist is a person who is a member of a military reserve force. They are otherwise civilians, and in peacetime have careers outside the military. Reservists usually go for training on an annual basis to refresh their skills. This person is usually a former active-duty member of the armed forces, and they remain a reservist either voluntarily, or by AB 1588 Page 4 obligation. All five branches of the United States armed forces have their own Reserve Forces, whose reservists can be called upon to serve anywhere at any time including: United States Army Reserve Marine Forces Reserve (U.S. Marine Corps) United States Navy Reserve Air Force Reserve Command (U.S. Air Force) United States Coast Guard Reserve There is also the United States National Guard, which is under dual Federal/State control, and is traditionally intended for homeland defense and domestic disaster relief (although large numbers are currently deployed in Iraq, and as such the distinction between National Guardsmen and Reservists has become blurred). The National Guard is divided into: Army National Guard (U.S. Army) Air National Guard (U.S. Air Force) During peacetime, Reservists and National Guardsmen spend one weekend a month, two weeks a year annually in training. Under existing law, a member of the California National Guard or the United States Armed Forces is permitted 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. Other States. Numerous states, including Colorado, Kentucky, Louisiana and Michigan, have introduced or enacted legislation to provide comparable license fee and continuing education waivers for active duty military. 1.Arguments in Support. The American Legion-Department of California , AMVETS-Department of California , California Association of County Veterans Service Officers , California State Commanders Veterans Council , and the Vietnam Veterans of America-California State Council wrote a joint letter of support. In it they state: "When our reservists are called to active duty, the last thing on their minds is the renewal of any professional licenses they hold. They should not be negatively impacted by missing a renewal because they are deployed. We support your efforts to make sure that military professionals are not penalized for being called to serve." The Veterans of Foreign Wars Department of California also supports AB 1588 Page 5 the bill. They note that this change in the Business and Professions 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. The Department of Defense State Liaison Office wrote: "Activation and deployment frequently cause life disruptions for the members of the National Guard and Reserves, one of which can be renewal of State licenses. Remaining current on continuing education requirements can be difficult, if not impossible, during activation. Activation and deployment can also impact the financial situation of the Service member. AB 1588 will address both of these concerns." According to the American Federation of State, County and Municipal Employees , the costs of individual licenses are typically hundreds of dollars. AB 1588 ensures that military professionals will not be penalized for their military service by allowing their professional licenses to fall into delinquency and possible suspension during their service period. It is important to find ways to support our military reservists' civilian lives while they serve our nation. Both the American Nurses Association of California and the Blood Centers of California support the bill. Both groups recognize the presence of registered nurses and clinical laboratory scientists in the military and approve this mechanism which will help these providers return to their professions without delay. The Respiratory Care Board of California states their support of the bill. They note in their letter: "The Board recognizes that this bill will allow members of the Military Reserve of National Guard to maintain a professional license set to expire while servicing on active duty. The Board also understands military professionals would not be expected to pay to renew or fulfill continuing education requirements for a professional license they cannot use during their service period, and should not be penalized for their military service by allowing their license to become delinquent during their service period." 5. Previous Related Legislation. AB 1666 (Frommer, Chapter 345, Statutes of 2005) requires the State Bar to waive the 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. SUPPORT AND OPPOSITION: AB 1588 Page 6 Support: American Federation of State, County and Municipal Employees American Legion-Department of California American Nurses Association of California AMVETS-Department of California Blood Centers of California California Association of County Veterans Service Officers California State Commanders Veterans Council California State Commanders Veterans Council Department of Defense State Liaison Office Hearing HealthCare Providers Los Angeles County Democratic Party Respiratory Care Board of California Veterans of Foreign Wars of the United States Department of California Vietnam Veterans of America-California State Council Opposition: None received as of June 27, 2012. Consultant:Le Ondra Clark