| 1 | | - | Senate Bill No. 1237 CHAPTER 386 An act to amend Section 114.3 of the Business and Professions Code, relating to professions and vocations. [ Approved by Governor September 17, 2022. Filed with Secretary of State September 17, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1237, Newman. Licenses: military service.Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any 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 reinstate the licensees or registrants license without examination or penalty if certain requirements are met.Existing law requires the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. Existing law, except as specified, prohibits a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. This bill would define the phrase called to active duty to include active duty in the United States Armed Forces and on duty in the California National Guard, as specified. This bill would also make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 114.3 of the Business and Professions Code is amended to read:114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 1 | + | Enrolled August 12, 2022 Passed IN Senate May 12, 2022 Passed IN Assembly August 11, 2022 Amended IN Senate March 30, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1237Introduced by Senator NewmanFebruary 17, 2022 An act to amend Section 114.3 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 1237, Newman. Licenses: military service.Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any 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 reinstate the licensees or registrants license without examination or penalty if certain requirements are met.Existing law requires the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. Existing law, except as specified, prohibits a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. This bill would define the phrase called to active duty to include active duty in the United States Armed Forces and on duty in the California National Guard, as specified. This bill would also make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 114.3 of the Business and Professions Code is amended to read:114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 14 | 24 | | |
|---|
| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 16 | 26 | | |
|---|
| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 18 | 28 | | |
|---|
| 19 | 29 | | SB 1237, Newman. Licenses: military service. |
|---|
| 20 | 30 | | |
|---|
| 21 | 31 | | Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any 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 reinstate the licensees or registrants license without examination or penalty if certain requirements are met.Existing law requires the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. Existing law, except as specified, prohibits a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. This bill would define the phrase called to active duty to include active duty in the United States Armed Forces and on duty in the California National Guard, as specified. This bill would also make nonsubstantive changes to those provisions. |
|---|
| 22 | 32 | | |
|---|
| 23 | 33 | | Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any 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 reinstate the licensees or registrants license without examination or penalty if certain requirements are met. |
|---|
| 24 | 34 | | |
|---|
| 25 | 35 | | Existing law requires the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. Existing law, except as specified, prohibits a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. |
|---|
| 26 | 36 | | |
|---|
| 27 | 37 | | This bill would define the phrase called to active duty to include active duty in the United States Armed Forces and on duty in the California National Guard, as specified. This bill would also make nonsubstantive changes to those provisions. |
|---|
| 28 | 38 | | |
|---|
| 29 | 39 | | ## Digest Key |
|---|
| 30 | 40 | | |
|---|
| 31 | 41 | | ## Bill Text |
|---|
| 32 | 42 | | |
|---|
| 33 | 43 | | The people of the State of California do enact as follows:SECTION 1. Section 114.3 of the Business and Professions Code is amended to read:114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 34 | 44 | | |
|---|
| 35 | 45 | | The people of the State of California do enact as follows: |
|---|
| 36 | 46 | | |
|---|
| 37 | 47 | | ## The people of the State of California do enact as follows: |
|---|
| 38 | 48 | | |
|---|
| 39 | 49 | | SECTION 1. Section 114.3 of the Business and Professions Code is amended to read:114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 40 | 50 | | |
|---|
| 41 | 51 | | SECTION 1. Section 114.3 of the Business and Professions Code is amended to read: |
|---|
| 42 | 52 | | |
|---|
| 43 | 53 | | ### SECTION 1. |
|---|
| 44 | 54 | | |
|---|
| 45 | 55 | | 114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 46 | 56 | | |
|---|
| 47 | 57 | | 114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 48 | 58 | | |
|---|
| 49 | 59 | | 114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:(1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.(3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board.(b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service.(e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.(f) A board may adopt regulations to carry out the provisions of this section.(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|
| 50 | 60 | | |
|---|
| 51 | 61 | | |
|---|
| 52 | 62 | | |
|---|
| 53 | 63 | | 114.3. (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met: |
|---|
| 54 | 64 | | |
|---|
| 55 | 65 | | (1) The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty. |
|---|
| 56 | 66 | | |
|---|
| 57 | 67 | | (2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service. |
|---|
| 58 | 68 | | |
|---|
| 59 | 69 | | (3) Written documentation that substantiates the licensee or registrants active duty service is provided to the board. |
|---|
| 60 | 70 | | |
|---|
| 61 | 71 | | (b) For purposes of this section, the phrase called to active duty shall have the same meaning as active duty as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code. |
|---|
| 62 | 72 | | |
|---|
| 63 | 73 | | (c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect. |
|---|
| 64 | 74 | | |
|---|
| 65 | 75 | | (2) If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted. |
|---|
| 66 | 76 | | |
|---|
| 67 | 77 | | (d) In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensees or registrants date of discharge from active duty service. |
|---|
| 68 | 78 | | |
|---|
| 69 | 79 | | (e) After a licensee or registrant receives notice of the licensee or registrants discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge. |
|---|
| 70 | 80 | | |
|---|
| 71 | 81 | | (f) A board may adopt regulations to carry out the provisions of this section. |
|---|
| 72 | 82 | | |
|---|
| 73 | 83 | | (g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board. |
|---|