BILL ANALYSIS Ó
AB 1346
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ASSEMBLY THIRD READING
AB 1346 (Atkins)
As Amended March 31, 2011
Majority vote
LABOR & EMPLOYMENT 6-0 APPROPRIATIONS 12-5
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|Ayes:|Swanson, Morrell, Alejo, |Ayes:|Fuentes, Blumenfield, |
| |Allen, Furutani, Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Smyth, Wagner |
| | | | |
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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
(SAA).
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 : According to the Assembly Appropriations Committee,
minor, absorbable costs to the Division of Apprenticeship Standards
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(DAS) within the Department of Industrial Relations to enforce this
provision. An individual seeking certification will bear the cost
of obtaining his or her employment history from the SSA. According
to the SSA, an individual can obtained certified or non-certified
earnings information by completing a form and paying a fee.
Individuals must pay a $15 fee for one-year of earnings information
and a supplemental fee of $2.50 for each additional year.
COMMENTS : The certification requirement for electricians has a
lengthy legislative and administrative history. AB 931 (Calderon),
Chapter 781, Statutes of 1999, establishes 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 adjusted
a number of times in recent years, both by statute and by
administrative action. AB 1087 (Calderon), Chapter 48, Statutes 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 (Labor and Employment Committee), Chapter 844,
Statutes of 2003, authorized the CAC to extend for up to two years
the January 1, 2005, deadline if it concluded that the existing
deadline would not provide individuals sufficient time to obtain
certification. The CAC was given authority to extend the deadlines
further by AB 2907 (De La Torre), Chapter 828, Statutes 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,
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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 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.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000696
AB 1346
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