Report Title:

Professional & Vocational License Renewal; Military Member

Description:

Relaxes license restoration requirements for DCCA licensees who are deployed during state or national crisis. Extends time for law license renewal of deployed National Guard members. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

295

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 2

 

A BILL FOR AN ACT

 

relating to professional and vocational licensing.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act shall be known as the "Deployed Military Personnel License Extension Act".

SECTION 2. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§436B-   Extension of licenses for members of the armed forces, national guard, and reserves. (a) Notwithstanding any other law to the contrary, any license held by a member of the armed forces, national guard, or a reserve component that expires, is forfeited, or deemed delinquent while the member is on active duty and deployed during a state or national crisis shall be restored under the restoration requirements provided in this section. For purposes of this section, "state or national crisis" includes but is not limited to:

(1) A situation requiring the proper defense of country or state;

(2) A federal or state disaster or emergency;

(3) A terrorist threat; or

(4) A homeland security or homeland defense event or action.

(b) The licensing authority shall restore a license upon the payment of the current renewal fee if the member:

(1) Requests a restoration of the license within one hundred twenty days after being discharged or released from active duty deployment;

(2) Provides the licensing authority with a copy of the member's order calling the member to active duty deployment and the member's discharge or release orders; and

(3) If required for renewal, provides documentation to establish the financial integrity of the licensee or to satisfy a federal requirement.

(c) This section:

(1) Shall not apply to a member who is on scheduled annual or specialized training, or to any person whose license is suspended or revoked, or who otherwise has been adjudicated and is subject to disciplinary action on a license; and

(2) Shall also apply to a member whose license is current, but will expire within one hundred twenty days of the member's discharge or release from active duty deployment."

SECTION 3. Chapter 605, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§605-   National guard member; extension of time to renew license. Any attorney licensed to practice law by the supreme court who is a member of the Hawaii national guard and who has been ordered to active federal service outside of the State at the time that license renewal is required shall not have the attorney's license revoked or forfeited for failure to file a timely renewal of license application or to comply with any requirements for the renewal of the license, if the attorney:

(1) Notifies the supreme court or the court's designee of the activation and service outside of the State at least thirty days prior to the time limit for the filing of a timely renewal application. The notice may be delivered by regular postage and may be submitted by a family member or employer of the licensee; and

(2) Files an application for license renewal or application to fulfill any requirement necessary prior to the proper processing of the renewal application within ninety days of the attorney's discharge or release from active federal service outside of the State."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.