BILL ANALYSIS �
-----------------------------------------------------------------------
|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