Introduced Version






SENATE BILL No. 493

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 25-1-12.

Synopsis: License extension for military service. Establishes an extension of time to: (1) renew a professional or an occupational license, certificate, registration, or permit; and (2) complete continuing education requirements; for an individual called to active duty in the armed forces of the United States or the Indiana army or air national guard.

Effective: Upon passage.





Kenley




    January 13, 2004, read first time and referred to Committee on Transportation and Homeland Security.







Introduced

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.

SENATE BILL No. 493



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 25-1-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 12. Renewal of Licenses Held by Individuals in Military Service
    Sec. 1. This chapter applies to an individual who:
        (1) holds a license, certificate, registration, or permit under this title, IC 15, IC 16, or IC 22; and
        (2) is called to active duty.
    Sec. 2. As used in this chapter, "active duty" means full-time service in the:
        (1) armed forces of the United States; or
        (2) national guard;
for a period that exceeds thirty (30) consecutive days in a calendar year.
    Sec. 3. As used in this chapter, "armed forces of the United States" means the active or reserve components of:


        (1) the army;
        (2) the navy;
        (3) the air force;
        (4) the coast guard;
        (5) the marine corp; or
        (6) the merchant marine.
    Sec. 4. As used in this chapter, "national guard" means:
        (1) the Indiana army national guard; or
        (2) the Indiana air national guard.
    Sec. 5. As used in this chapter, "practitioner" means an individual who holds:
        (1) an unlimited license, certificate, or registration;
        (2) a limited or probationary license, certificate, or registration;
        (3) a temporary license, certificate, registration, or permit;
        (4) an intern permit; or
        (5) a provisional license;
issued under this title or IC 15, IC 16, or IC 22.
    Sec. 6. (a) Notwithstanding any other law, a practitioner who is called to active duty out-of-state and meets the requirements of subsection (b) is entitled to an extension of time described in subsection (c) to:
        (1) renew; and
        (2) complete the continuing education required by;
the practitioner's license, certificate, registration, or permit.
    (b) The practitioner must meet the following requirements to receive the extension of time provided under subsection (a):
        (1) On the date the practitioner enters active duty, the practitioner's license, certificate, registration, or permit may not be revoked, suspended, lapsed, or be the subject of a complaint under IC 25-1-7.
        (2) While the practitioner is out-of-state on active duty:
            (A) the practitioner's license, certificate, registration, or permit must expire; and
            (B) the practitioner must not have received the notice of expiration before the date the practitioner entered active duty.
        (3) The practitioner shall provide proof of out-of-state active duty by providing a copy of the practitioner's:
            (A) discharge; or
            (B) government movement orders;
        to the agency issuing the practitioner's license, certificate,

registration, or permit at the time the practitioner renews the practitioner's license, certificate, registration, or permit under this chapter.
    (c) The extension of time provided under subsection (a) is equal to one hundred eighty (180) days after the date of the practitioner's discharge or release from active duty.
    (d) The agency or board that issued the practitioner's license, certificate, registration, or permit may extend the period provided in subsection (c) if the agency or board determines that an illness, an injury, or a disability related to the practitioner's active duty prevents the practitioner from renewing or completing the continuing education required for the practitioner's license, certificate, registration, or permit. However, the agency may not extend the period for longer than three hundred sixty-five (365) days after the date of the practitioner's discharge or release from active duty.
    Sec. 7. Any late fees that may be assessed against a practitioner in connection with a renewal under this chapter are waived.
    Sec. 8. This chapter may not be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of:
        (1) the armed forces of the United States; or
        (2) the national guard;
under federal law.

    SECTION 2. [EFFECTIVE UPON PASSAGE] IC 25-1-12, as added by this act, applies to all individuals who:
        (1) hold a license, certificate, registration, or permit under IC 15, IC 16, IC 22, or IC 25; and
        (2) have been called to full-time service in the:
            (A) armed forces of the United States (as defined in IC 25-1-12-3, as added by this act); or
            (B) Indiana army or air national guard;
after September 11, 2001.

    SECTION 3. An emergency is declared for this act.