BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1822|
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THIRD READING
Bill No: AB 1822
Author: Bill Berryhill (R)
Amended: 8/13/12 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 8-0, 7/2/12
AYES: Price, Corbett, Correa, Hernandez, Negrete McLeod,
Strickland, Vargas, Wyland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 4/16/12 - See last page for vote
SUBJECT : California Architects Board
SOURCE : Author
DIGEST : This bill staggers the terms of California
Architects Board (Board) members appointed by the Governor,
as specified; and authorizes the Board to accept an
application from an individual containing an individual tax
identification number, or other appropriate identification
number as determined by the Board, in lieu of a social
security number.
Senate Floor Amendments of 8/13/12 correct a reference to
"an individual tax identification number" instead of "a
federal tax identification number."
CONTINUED
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ANALYSIS :
Existing law:
1. Licenses and regulates the practice of architecture
under the Architects Practice Act by the Board within
the Department of Consumer Affairs (DCA).
2. Specifies that the Board consists of 10 members, and
makes the provisions authorizing the Board to become
inoperative and repealed on January 1, 2016.
A. Provides that the Board shall be composed of
five architect members and three public members
appointed by the Governor, and that the Senate
Rules Committee, and the Assembly Speaker shall
each appoint a public member.
B. Provides that Board terms shall be for four
years and expire upon June 30.
3. Under a general provision of the Business and Profession
Code (BPC), provides that the term of office for a
member of specified regulatory agencies, including the
Board, shall be for a term of four years and expire on
June 1.
4. Establishes prerequisites for the issuance of an
architect license to an applicant:
A. Pass the examination;
B. Has not been charged with deception in obtaining
the license;
C. Does not have any violation of licensure filed
with the Board;
D. Has paid the license fee.
5. Mandates each board under the DCA, as well as the State
Bar and Department of Real Estate to require each
licensee to provide their federal employer
identification number, if the licensee is a partnership,
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or for all other licensees, to provide their social
security number.
6 Indicates that any licensee who does not provide the
federal identification number or social security number
shall be reported by the licensing board to the
Franchise Tax Board and is subject to a penalty.
7. Indicates that in addition to a penalty, a licensing
board may elect to not process any application for an
original license if the applicant or licensee fails to
provide its federal employer identification number or
social security number where requested on the
application.
8. Authorizes boards to collect social security numbers
from all applicants for the purposes of providing the
names of the applicants and licensees to a requesting
child support agency.
This bill:
1. Establishes specific expiration dates for the terms of
members of the Board appointed by the Governor, to
stagger the expiration of the terms, as follows:
A. Of the three licensed members whose terms
commence on July 1, 2013, the term of two members
shall expire on June 30, 2017, and the term of one
member shall expire on June 30, 2019.
B. Of the two licensed members appointed by the
Governor whose terms commence on July 1, 2014, the
term of one member shall expire on June 30, 2018,
and the term of the other member shall expire on
June 30, 2020.
C. The term of the public member that commences on
July 1, 2014, shall expire on June 30, 2019.
D. Of the two public members whose terms commence
on July 1, 2016, the term of one member shall
expire on June 30, 2020, and the term of the other
member shall expire on June 30, 2021.
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2. Specifies that except as provided in Item number 1
above, the bill does not alter the four-year terms of
current or future members of the Board.
3. Allows the Board to accept for processing of an original
or renewed license, an application containing an
individual tax identification number or other
appropriate identification number as determined by the
Board, in lieu of a social security number, if the
individual is not eligible for a social security number
at the time of the application and if the individual is
not in non-compliance with a judgment or order for
support pursuant to Family Code Section 17520.
Background
The Board licenses and regulates more than 24,000
architects. Currently the Board is composed of five
architects and five public members. Each architect member
of the Board is required to be an architect in good
standing who has been licensed and practiced in California
at least five years preceding the date of appointment to
the Board. The five architect members are all appointed by
the Governor. Three of the public members are also
gubernatorial appointees, while one of the remaining two
public members is appointed by the Speaker of the Assembly
and the other is appointed by the Senate Rules Committee.
Board members are paid $100 for each meeting day and are
reimbursed for travel expenses. Board members typically
attend four to six Board meetings per year and may attend
three or four committee meetings per year, depending on the
committee(s) to which they are assigned.
Board members are appointed to four-year terms, and no
member may serve more than two terms consecutively. The
Board annually elects from its members a president, vice
president, and secretary.
Identification Numbers . Existing law requires an
applicant to provide a federal identification number or
social security number on their application for licensure
as an architect. The purpose is to ensure proper
identification of the individual and to provide the names
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of applicants and licensees to requesting child support
agencies. However, this requirement is a burden for
foreign-licensed professionals who are certified with the
National Council of Architectural Registration Boards
(NCARB), to become licensed in California if they are not
eligible for a social security number at the time they
apply for licensure. This bill allows such professionals
to apply for licensure and provide a form of identification
such as the individual taxpayer identification number.
Foreign-licensed professionals who are in non-compliance
with a judgment or order for child support will not benefit
from the provisions of this bill and will still be required
to provide a social security number.
According to meeting minutes from the May 16, 2012
California Architects Board Professional Qualifications
Committee meeting, the intent of the proposal is to prevent
foreign-licensed professionals who hold a current and valid
NCARB certification, and who are not in non-compliance with
a judgment or order for support, from being precluded from
becoming licensed if they are not eligible for a social
security number at the time they apply for licensure.
The amendments in this bill are similar to provisions that
are already in the BPC for attorneys in BPC Section 6060.6
which were added by AB 664 (Jones), Chapter 610, Statutes
of 2005.
Prior Legislation
SB 1779 (Senate Business, Professions &Economic Development
(BP&ED) Committee), Statutes of 2008, contains a similar
provision which staggered the terms of the members of the
Board. This Committee omnibus bill was one of many bills
vetoed by Governor Schwarzenegger citing the historically
late state budget.
SB 819 (Yee), Chapter 308, Statutes of 2009, contains
language staggering the terms of Board members, similar to
that in SB 1779, however the language was removed from the
bill and amended into SB 820.
SB 820 (Negrete McLeod, 2009) as introduced, was a Senate
BP&ED Committee omnibus bill. The amendments staggering
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the Board member terms were amended into the bill on June
22, 2009. These provisions were subsequently removed from
the bill out of concern that the change in Board member
terms was too substantive for an omnibus bill. Ultimately,
the bill was amended to another subject and vetoed by the
Governor.
SB 1112 (Senate BP&ED Committee), Chapter 280, Statutes of
2005, a BP&ED Committee omnibus bill, revised the
expiration date for members of the Board to expire on June
30, rather than June 1.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
California Architects Board (source)
ASSEMBLY FLOOR : 77-0, 4/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Davis, Furutani
JJA:d 8/13/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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