BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1822| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 1822 Page 2 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that the Board consists of 10 members, and makes the provisions authorizing the Board to become inoperative and repealed on January 1, 2016.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, AB 1822 Page 3 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. AB 1822 Page 4 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 AB 1822 Page 5 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 AB 1822 Page 6 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 **** END **** AB 1822 Page 7