Bill Text: CA AB2500 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 2500 (Prior Session Legislation)

Bill Title: Professions and vocations: licenses: military service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 389, Statutes of 2010. [AB2500 Detail]

Download: California-2009-AB2500-Chaptered.html

BILL NUMBER: AB 2500	CHAPTERED
	BILL TEXT

	CHAPTER  389
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN ASSEMBLY  MAY 20, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 19, 2010

   An act to amend Section 114 of, and to repeal Section 114.5 of,
the Business and Professions Code, relating to professions and
vocations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2500, Hagman. Professions and vocations: licenses: military
service.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes a licensee or registrant who
permitted his or her license to expire while serving in any branch of
the armed services of the United States during a period of war, as
defined, to, upon application, reinstate his or her license without
examination or penalty if certain requirements are satisfied.
   This bill would instead authorize a licensee or registrant 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 to, upon application, reinstate his or her license
without penalty and without examination, if those requirements are
satisfied, unless the licensing agency determines that the applicant
has not actively engaged in the practice of his or her profession
while on active duty, as specified. The bill would make other
conforming and technical changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 114 of the Business and Professions Code is
amended to read:
   114.  (a) Notwithstanding any other provision of this code, 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,
   (1) His or her license or registration was valid at the time he or
she entered the California National Guard or the United States Armed
Forces.
   (2) The application for reinstatement is made while serving in the
California National Guard or the United States Armed Forces, or not
later than one year from the date of discharge from active service or
return to inactive military status.
   (3) The application for 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.

   (b) If application for 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.
   (c) If application for reinstatement is filed and the licensing
agency determines that the applicant has not actively engaged in the
practice of his or her profession while on active duty, then the
licensing agency may require the applicant to pass an examination.
   (d) Unless otherwise specifically provided in this code, any
licensee or registrant who, either part time or full time, practices
in this state the profession or vocation for which he or she is
licensed or registered shall be required to maintain his or her
license in good standing even though he or she is in military
service.
   For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' 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.
  SEC. 2.  Section 114.5 of the Business and Professions Code is
repealed.