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  MAY 24, 2013
	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 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  , except as provided  .
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 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. 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 an applicant,
upon request by a board, to furnish a full set of fingerprints for
purposes of conducting a criminal background check.
   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   Except as provided in
subdivision (d), 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) 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.
   (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.
   (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. 
   (d) This section shall not apply to a board that has established a
temporary licensing process before January 1, 2014.