Bill Text: CA AB186 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Professions and vocations: military spouses: temporary licenses.

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 640, Statutes of 2014. [AB186 Detail]

Download: California-2013-AB186-Amended.html

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BILL NUMBER: AB 186	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Maienschein
   (Principal coauthor: Assembly Member Hagman)
   (Coauthors: Assembly Members  Chávez,  Dahle, Donnelly,
Beth Gaines,  Grove,  Harkey, Olsen, and Patterson)
   (Coauthors: Senators Fuller and Huff)

                        JANUARY 28, 2013

   An act to amend Section 115.5 of the Business and Professions
Code, relating to professions and vocations, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 186, as amended, Maienschein. Professions and vocations:
military spouses: temporary licenses.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law provides for the issuance of reciprocal
licenses in certain fields where the applicant, among other
requirements, has a license to practice within that field in another
jurisdiction, as specified.  Existing law requires that the
licensing fees imposed by certain boards within the department be
deposited in funds that are continuously appropriated.  Existing
law requires a board within the department to expedite the licensure
process for an applicant who holds a current license in another
jurisdiction in the same profession or vocation and who supplies
satisfactory evidence of being married to, or in a domestic
partnership or other legal union with, an active duty member of the
Armed Forces of the United States who is assigned to a duty station
in California under official active duty military orders. 
   This bill would authorize a board within the department to issue a
provisional license to an applicant who qualifies for an expedited
license pursuant to the above-described provision. The  

    This bill would require a board within the department to issue a
temporary license to an applicant who qualifies for, and requests,
expedited licensure pursuant to the above-described provision if he
or she meets specified requirements. The bill would require the
temporary license to expire 12 months after issuance, upon issuance
of the expedited license, or upon denial of the application for
expedited licensure by the board, whichever occurs first. The bill
would authorize a board to conduct an investigation of an applicant
for purposes of denying or revoking a temporary license, and would
authorize a criminal background check as part of that investigation.
The bill would require an applicant seeking a temporary license to
submit an application to the board that includes a signed affidavit
attesting to the fact that he or she meets all of the requirements
for the temporary license and that the information submitted in the
application is accurate, as specified. The bill would also require
the application to include written verification from the applicant's
original licensing jurisdiction stating that the applicant's license
is in good standing. 
    This  bill would prohibit a  provisional
 temporary  license from being provided to any
applicant who has committed an act in any jurisdiction that would
have constituted grounds for denial, suspension, or revocation of the
license at the time the act was  committed, or 
 committed. The bill would provide that a violation of the
above-described provision may be grounds for the denial or revocation
of a temporary license. The bill would further prohibit a temporary
license from being provided to any applicant who  has been
disciplined by a licensing entity in another jurisdiction, or is the
subject of an unresolved complaint, review procedure, or disciplinary
proceeding conducted by a licensing entity in another jurisdiction.
 The bill would require the board to approve a provisional
license based on an application that includes an affidavit that the
information submitted in the application is accurate and that
verification documentation from the other jurisdiction has been
requested. The bill would require the provisional license to expire
after 18 months or at the issuance of the expedited license.
  The bill would require an applicant, upon request by a
board, to furnish a full set of fingerprints for purposes of
conducting a criminal background check.  
   By creating provisional licenses for which a fee may be collected
and deposited into a continuously appropriated fund, this bill would
make an appropriation.  
   Because the bill would authorize the expenditure of continuously
appropriated funds for a new purpose, the bill would make an
appropriation. 
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 115.5 of the Business and Professions Code is
amended to read:
   115.5.  (a) A board within the department shall expedite the
licensure process for an applicant who meets both of the following
requirements:
   (1) Supplies evidence satisfactory to the board that the applicant
is married to, or in a domestic partnership or other legal union
with, an active duty member of the Armed Forces of the United States
who is assigned to a duty station in this state under official active
duty military orders.
   (2) Holds a current license in another state, district, or
territory of the United States in the profession or vocation for
which he or she seeks a license from the board. 
   (b) (1) For each applicant who is eligible for an expedited
license pursuant to subdivision (a) and meets the requirements in
paragraph (2), the board shall provide a provisional license while
the board processes the application for licensure. The board shall
approve a provisional license based on an application that includes
an affidavit that the information submitted in the application is
accurate and that verification documentation from the other
jurisdiction has been requested. The provisional license shall expire
18 months after issuance or upon issuance of the expedited license.
 
   (b) (1) A board shall, after appropriate investigation, issue a
temporary license to an applicant who is eligible for, and requests,
expedited licensure pursuant to subdivision (a) if the applicant
meets the requirements described in paragraph (3). The temporary
license shall expire 12 months after issuance, upon issuance of the
expedited license, or upon denial of the application for expedited
licensure by the board, whichever occurs first.  
   (2) The board may conduct an investigation of an applicant for
purposes of denying or revoking a temporary license issued pursuant
to this subdivision. This investigation may include a criminal
background check.  
   (3) (A) An applicant seeking a temporary license issued pursuant
to this subdivision shall submit an application to the board which
shall include a signed affidavit attesting to the fact that he or she
meets all of the requirements for the temporary license and that the
information submitted in the application is accurate, to the best of
his or her knowledge. The application shall also include written
verification from the applicant's original licensing jurisdiction
stating that the applicant's license is in good standing in that
jurisdiction.  
   (2) (A) 
    (B)    The applicant shall not have committed
an act in any jurisdiction that would have constituted grounds for
denial, suspension, or revocation of the license under this code at
the time the act was committed.  A violation of this subparagraph
may be grounds for the denial or revocation of a temporary license
issued by the board.  
   (B) 
    (C)  The applicant shall not have been disciplined by a
licensing entity in another jurisdiction and shall not be the subject
of an unresolved complaint, review procedure, or disciplinary
proceeding conducted by a licensing entity in another jurisdiction.

   (D) The applicant shall, upon request by a board, furnish a full
set of fingerprints for purposes of conducting a criminal background
check. 
   (c) A board may adopt regulations necessary to administer this
section.