Amended in Senate August 27, 2013

Amended in Senate June 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 630


Introduced by Assembly Member Holden

February 20, 2013


An act to add Section 5536.4 to the Business and Professions Code, relating to architects.

LEGISLATIVE COUNSEL’S DIGEST

AB 630, as amended, Holden. Architects.

Existing law establishes the California Architects Board within the Department of Consumer Affairs for the purpose of regulating the practice of architecture in this state. Existing law defines what constitutes an architect’s professional services.

This bill would provide that no person may use an architect’s instruments of service, as specified, withoutbegin delete written consent,end deletebegin insert the consent of the architect in a writtenend insert contract,begin delete or agreementend deletebegin insert written agreement, or written licenseend insert specifically authorizing that use.begin insert The bill would prohibit an architect from unreasonably withholding consent to use his or her instruments of service from a person for whom the architect provided the services, except as specified.end insert The bill would provide that this act is a clarification of existing law and does not take away any right otherwise granted by law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 5536.4 is added to the Business and
2Professions Code
, to read:

3

5536.4.  

begin insert(a)end insertbegin insertend insert No person may use an architect’s instruments of
4service, as those professional services are described in paragraph
5(2) of subdivision (b) of Section 5500.1, withoutbegin insert the consent of
6the architect in aend insert
writtenbegin delete consent,end delete contract, begin delete or agreementend delete begin insert written
7agreement, or written licenseend insert
specifically authorizing that use.

begin insert

8(b) An architect shall not unreasonably withhold consent to use
9his or her instruments of service from a person for whom the
10architect provided the services. An architect may reasonably
11withhold consent to use the instruments of service for cause,
12including, but not limited to, lack of full payment for services
13provided or failure to fulfill the conditions of a written contract.

end insert
14

SEC. 2.  

The Legislature finds and declares that this act is a
15clarification of existing law and does not take away any right
16otherwise granted by law.



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