BILL ANALYSIS Ó
AB 1346
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 1346 (Atkins) - As Amended: March 31, 2011
SUBJECT : Electrician certification.
SUMMARY : Requires applicants for electrician certification to
submit an application for certification and examination that
includes an employment history report from the Social Security
Administration.
EXISTING LAW :
1)Requires the Division of Apprenticeship Standards (DAS) within
the Department of Industrial Relations (DIR) to establish and
validate minimum standards for the competency and training of
electricians through a system of testing and certification.
2)Requires persons who perform work as electricians to become
certified by January 1, 2005, and prohibits uncertified
persons from performing electrical work for which
certification is required after that date.
3)Authorizes the California Apprenticeship Council (CAC) to
extend for up to two years the January 1, 2005 deadline for
persons who perform work as electricians to become certified.
4)Contains various exemptions from the certification
requirements.
FISCAL EFFECT : Unknown
COMMENTS : The certification requirement for electricians has a
lengthy legislative and administrative history. AB 931
(Calderon) of 1999, established a certification program for
electricians to be implemented by July 1, 2001. Proponents of
the original legislation stated that it was designed to address
electrician competency, as well as safety. Proponents argued
that, prior to the enactment of AB 931 no state law required
testing and certification of electricians who performed the
actual wiring and connection of electrical devices.
The actual deadline for electrician certification has been
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adjusted a number of times in recent years, both by statute and
by administrative action. AB 1087 (Calderon) of 2002,
established a date certain of January 1, 2005, for specified
electricians who have met standards for training and competency
to be certified.
However, AB 1719 (Committee on Labor and Employment) of 2003
authorized the CAC to extend for up to two years the January 1,
2005 deadline if it concluded that the existing deadline will
not provide individuals sufficient time to obtain certification.
The CAC was given authority to extend the deadlines further by
AB 2907 (De La Torre) of 2006.
Obtaining Employment History From the Social Security
Administration
This bill requires applicants for electrician certification to
submit an application for certification and examination that
includes an employment history report from the Social Security
Administration (SSA).
According to the SSA, and individual can obtain certified or
non-certified detailed earnings information by completing Form
SSA-7050-F4. There is a $15 fee for one year of earnings
records, and an addition $2.50 for each additional year.
According to SSA, if a request is made by mail or online,
records are currently provided in about six weeks (although the
form states that individuals should allow for four months).
However, SSA states that if an individual visits a SSA office in
person and submits a request, the records are provided
immediately.
ARGUMENTS IN SUPPORT :
This bill is sponsored by the International Brotherhood of
Electrical Workers (IBEW).
The sponsor and the author state that under the existing
certification process, an applicant must have at least four
years of experience in the class he/she is applying for to
qualify to take the electrical certification examination. In
most cases, applicants will have to attest to having worked in
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the relevant construction class within the past five years.
Although DIR advises potential applicants to be prepared to
verify claims of experience, no explicit requirement for
documentation is required. Additionally, the list of "qualified
and responsible persons" authorized to verify experience claims
includes "a homeowner, an employer, fellow employee, other
journeyman, contractor, union representative, building
inspector, architect, or engineer." The sponsor states that it
is hard to imagine that DIR can verify four years of job
experience by relying on a hodgepodge of individuals and
organizations.
However, most employers are required to withhold a percentage of
an employee's paycheck and remit that amount to the Social
Security Administration. As a result, an accurate and complete
job history and verification system is already in place.
Therefore, at a minimal cost to the applicant and no cost to the
state, this proposal represents a cost effective way of
protecting the public against unqualified and inexperienced
contractors.
REGISTERED SUPPORT / OPPOSITION :
Support
International Brotherhood of Electrical Workers (sponsor)
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091