BILL ANALYSIS Ó
AB 1346
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1346 (Atkins)
As Amended August 16, 2011
Majority vote
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|ASSEMBLY: |54-24|(May 23, 2011) |SENATE: |22-12|(August 22, |
| | | | | |2011) |
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Original Committee Reference: L. & E.
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).
The Senate amendments incorporate chaptering out amendments to
avoid a potential conflict with SB 944 (Business, Professions and
Economic Development Committee).
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.
AS PASSED BY THE ASSEMBY , this bill required applicants for
electrician certification to submit an application for
certification and examination that includes an employment
history report from the SAA.
AB 1346
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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.
This bill is sponsored by the International Brotherhood of
Electrical Workers (IBEW). The sponsor and the author state
AB 1346
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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: 0001865