BILL NUMBER: AB 1746	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2010

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 8, 2010

   An act to amend Section 5600 of, and to add Section 5600.05 to,
the Business and Professions Code, relating to architects.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1746, as amended, Emmerson. Architects: continuing education.
   Existing law provides for the licensure and regulation of persons
engaged in the practice of architecture by the California Architects
Board. Existing law requires a person licensed to practice
architecture to complete, as a condition of license renewal,
coursework regarding disability access requirements, as specified, to
certify that completion, and to provide specified documentation to
the board.
   This bill would authorize the board to audit the records of a
licensee, would, until January 1, 2015, require the board to audit at
least 3% of the license renewals received each year  ,
 to verify completion of the coursework, and would,
commencing with the 2-year license renewal cycle beginning January 1,
2013, require a licensee to provide the specified documentation only
upon that audit. The bill would exempt a licensee from these
coursework requirements for the licensee's first license renewal in
certain circumstances. A  license that violates these
provisions   licensee who provides false or misleading
information relative to the completion of coursework  would be
subject to  a specified civil penalties   an
administrative citation or disciplinary action by the board  .
The bill would require the board to submit, on or before January 1,
2019, a letter to the Legislature relating to these requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5600 of the Business and Professions Code is
amended to read:
   5600.  (a) All licenses issued or renewed under this chapter shall
expire at 12 midnight on the last day of the birth month of the
licenseholder in each odd-numbered year following the issuance or
renewal of the license.
   (b) To renew an unexpired license, the licenseholder shall, before
the time at which the license would otherwise expire, apply for
renewal on a form prescribed by the board and pay the renewal fee
prescribed by this chapter.
   (c) The renewal form shall include a statement specifying whether
the licensee was convicted of a crime or disciplined by another
public agency during the preceding renewal period and that the
licensee's representations on the renewal form are true, correct, and
contain no material omissions of fact, to the best knowledge and
belief of the licensee.
  SEC. 2.  Section 5600.05 is added to the Business and Professions
Code, to read:
   5600.05.  (a) (1) As a condition of license renewal, a licensee
shall have completed coursework regarding disability access
requirements pursuant to paragraphs (2) and (3). A licensee shall
certify to the board, as a part of the license renewal process, that
he or she has completed the required coursework prior to approval of
his or her license renewal and shall, until the conclusion of the
license renewal cycle beginning January 1, 2011, provide
documentation to the board from the course provider that shall
include the course title, subjects covered, name of provider and
trainer or educator, date of completion, number of hours completed,
and a statement about the trainer's or educator's knowledge and
experience background. Commencing with the license renewal cycle
beginning January 1, 2013, a licensee shall, upon a board audit,
provide the documentation from the course provider to the board. A
licensee who  fails to complete the required coursework or
 provides false or misleading  statements 
 information  as it relates specifically to the requirements
of this paragraph shall be subject to  a civil penalty
imposed by the board not to exceed five thousand dollars ($5,000), or
license suspension or revocation, or by both civil penalty and
license suspension or revocation.   an administrative
citation, which may include an   administrative fine
pursuant to Section 125.9, or to disciplinary action by the board.

   (2) (A) For licenses renewed on and after July 1, 2009, and before
January 1, 2010, a licensee shall have completed one hour of
coursework.
   (B) For licenses renewed on and after January 1, 2010, and before
January 1, 2011, a licensee shall have completed two and one-half
hours of coursework.
   (C) For licenses renewed on and after January 1, 2011, a licensee
shall have completed five hours of coursework within the previous two
years.
   (3) Coursework regarding disability access requirements shall
include information and practical guidance concerning requirements
imposed by the Americans with Disabilities Act of 1990 (Public Law
101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access
to public facilities, and federal and state regulations adopted
pursuant to those laws. Coursework provided pursuant to this
paragraph shall be presented by trainers or educators with knowledge
and expertise in these requirements.
   (b) The board may audit the records of a licensee to verify the
completion of the coursework requirements of subdivision (a). A
licensee shall maintain records of completion of the required
coursework, containing the information specified in paragraph (1) of
subdivision (a), for two years from the date of license renewal and
shall make those records available to the board for auditing upon
request.
   (c) Until January 1, 2015, the board shall audit at least 3
percent of the license renewals received each year to verify the
completion of the continuing education requirements of this
subdivision.
   (d) On or before January 1, 2019, the board shall submit a letter
to the Legislature on the disability access continuing education
provisions required under this subdivision, including the level of
licensee compliance with the requirements, any actions taken by the
board for noncompliance with the requirements, the findings of board
audits, and any recommendations of the board for improving the
process.