BILL ANALYSIS Ó
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 29, 2011 2011-2012 Regular
Session
Consultant: Gideon L. Baum Fiscal:Yes
Urgency: No
Bill No: AB 1346
Author: Atkins
Version: As Amended March 31, 2011
SUBJECT
Division of Apprenticeship Standards: certification of
electricians
KEY ISSUE
Should the Legislature require individuals who wish to be
certified as an electrician to submit an application that
includes an employment history report from the Social Security
Administration?
PURPOSE
To codify and expand certain requirements found in existing
regulations on electrician certification.
ANALYSIS
Existing law requires that the Division of Apprenticeship
Standards establish and validate minimum standards for the
competency and training of electricians through a system of
testing and certification. This includes the establishment of
fees and regulations necessary to implement and enforce this
requirement. (Labor Code § 3099)
Existing law requires that, as of January 1, 2009, any
individual who performs work as an electrician, as defined, must
be certified by the Division of Apprenti ceship Standards.
Existing law provides for certain exemptions from this
requirement. (Labor Code § 3099.2)
This bill would require individuals desiring to be certified as
an electrician must submit an application for certification and
examination that includes an employment history report from the
Social Security Administration. The individual may redact his
or her social security number from the employment history report
before it is submitted.
This bill would also make several non-substantive changes to
clarify existing law.
COMMENTS
1. Existing Regulations for Electrician Certification:
Currently, the California Code of Regulations (CCR) Title 8,
§§ 290 to 296.4 establishes the application process and
criteria for being certified as an electrician, as well as
some of the penalties for conducting electrical work
improperly licensed.
There are four categories of electrician an individual can be
certified for: General Electrician, a Residential Electrician,
a Voice Data Video Technician, a Fire/Life Safety Technician
or a Nonresidential Lighting Technician. A certification
category describes the type of work that is performed by that
category of electrician, but certification may not be required
for all the work within the category. Being certified as a
general electrician allows you to do all of the certified
electrical work categories.
In order to apply to be certified as an electrician, the
applicant must have work experience and also pass the
electrical exam provided by the Division of Apprenticeship
Standards. There are two ways of certifying that you have
appropriate work experience:
1) Successful completion of an apprenticeship program
approved by the California Apprenticeship Council or the
Hearing Date: June 29, 2011 AB 1346
Consultant: Gideon L. Baum Page 2
Senate Committee on Labor and Industrial Relations
federal Bureau of Apprenticeship Training in the
classification for which certification is sought;
2) Work experience. The amount of experience necessary is
between 2,000 hours and 8,000 hours, depending on the
electrical certification the applicant is trying to
achieve.
In order to take the examination to be certified as an
electrician, the applicant must submit proof of experience as
described above. However, existing regulations and statute
are currently silent on how the proof is to be provided.
While the application is signed under the penalty of perjury,
the hours are filled in by the applicant without further
documentation.
AB 1346 would require that, along with the application, the
applicant would provide an employment history report from the
Social Security Administration in order further certify the
veracity of the applicant's work experience.
2. Availability of a Social Security Administration Employment
History Report:
According to the Social Security Administration (SSA), an
individual can obtain certified or non-certified detailed
earnings information by completing Form SSA-7050-F4, which is
available online. There is a $15 fee for one year of
certified earnings records, and an addition $2.50 for each
additional year. Non-certified copies are free. The bill is
silent on if a certified copy of an individual's employment
history would be necessary to be certified as an electrician.
The Social Security Administration website states that it may
take four months for an individual to receive his or her
employment history report. However, the Assembly Labor
Committee reports that that if an individual visits a SSA
office in person and submits a request, the records are
provided immediately.
3. Proponent Arguments :
Hearing Date: June 29, 2011 AB 1346
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Senate Committee on Labor and Industrial Relations
This bill is sponsored by the International Brotherhood of
Electrical Workers (IBEW).
The sponsor notes 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. The sponsor notes that 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, the sponsor believes that, at a minimal
cost to the applicant and no cost to the state, this bill
represents a cost effective way of protecting the public
against unqualified and inexperienced contractors.
4. Prior Legislation :
AB 931 (Calderon), Chapter 781, Statutes of 1999, establishes
a certification program for electricians to be implemented by
the Division of Apprenticeship Standards.
SUPPORT
International Brotherhood of Electrical Workers (IBEW)
Hearing Date: June 29, 2011 AB 1346
Consultant: Gideon L. Baum Page 4
Senate Committee on Labor and Industrial Relations
OPPOSITION
None on file.
Hearing Date: June 29, 2011 AB 1346
Consultant: Gideon L. Baum Page 5
Senate Committee on Labor and Industrial Relations