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