BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1132| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 1132 Author: Galgiani (D) Amended: 8/18/16 Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 4/4/16 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza NO VOTE RECORDED: Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SENATE FLOOR: 39-0, 5/31/16 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Runner SENATE FLOOR: 39-0, 8/30/16 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 79-0, 8/22/16 - See last page for vote SUBJECT: Architects: architects-in-training SB 1132 Page 2 SOURCE: American Institute of Architects, California Council DIGEST: This bill permits a person to use the title "architect-in-training" while enrolled in the Architectural Experience Program (AXP), which is administered by the National Council of Architectural Registration Boards (NCARB). ANALYSIS: Existing law: 1)Establishes the California Architects Board (CAB) within the Department of Consumer Affairs (DCA), which licenses and regulates professional architects under the Architects Practice Act. (Business and Professions Code (BPC) § 5500, et seq.) 2)Defines "architect" as a person who is licensed to practice architecture in this state under the authority of the Architects Practice Act. (BPC § 5500) This bill: 1)Specifies that a person may use the title "architect-in-training" while enrolled in the AXP, which is administered by the NCARB. 2)Specifies that no abbreviations or derivatives of the title may be used. 3)Prohibits a person using the title from independently offering or providing services to the public. SB 1132 Page 3 4)Provides that a violation of the use of the title may constitute unprofessional conduct and subject the user to administrative action, including, but not limited to, citation, discipline, and denial of a license. 5)Sunsets the provisions above on January 1, 2020, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Background This bill authorizes professionals on the path to licensure to use the job title "architect-in-training." This bill is sponsored by the American Institute of Architects, California Council (AIACC). According to the Author, "This bill simply allows individuals who are working hard to become licensed architects in California to use the job title 'architect-in-training'. [This bill] seeks to recognize those who are on path to becoming licensed architects or offer architectural services. This title will not harm the public because it is clear the title does not imply licensure." Architectural Experience Program. On June 29, 2016, the Intern Development Program (IDP) was updated to reflect six broad areas of current architectural practice-and renamed the AXP. According to the CAB Web site, the CAB "implemented the AXP requirement for the purpose of ensuring that all interns gain uniform, broad, and comprehensive experience in areas of architectural training that are essential for competent practice, thus benefiting interns, architects, firms, and the public in general. "In addition, all other states require completion of [the] AXP for initial licensure. The NCARB AXP Council Record is the only record keeping method that is recognized by all United States jurisdictions and Canadian provinces. [The] AXP is also the primary method used to meet the training requirement for NCARB Certification, which is a compilation of an architect's education, training/work experience, and examination history that is used as a tool to facilitate reciprocity. The [CAB] believes completion of [the] AXP not only helps ensure the SB 1132 Page 4 minimal competence of architectural candidates but also helps facilitate interstate and international practice." According to the NCARB Web site, "Most licensure candidates will complete the AXP by reporting hours. [A participant] will need to document a minimum of 3,740 required hours under the six experience areas to complete the program. Some tasks may be easier to complete early in [his or her] career, while others may take more time and experience to complete. ?At least half of [the] experience must be completed under the supervision of a qualified architect; however, there are many ways to complete the remainder of [the] AXP hours outside the employment of an architect. These opportunities will be covered in the experience settings section." FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee Analysis dated on April 25, 2016, this bill "would provide title protection for architects-in-training, but does not specify what level of licensing and enforcement the California Architects Board would provide." The analysis highlights that costs would be associated with processing applications, tracking licenses, developing oversight, outreach, and enforcement of this new license category, and developing an examination. While the bill is similar in concept, it has been amended significantly since it passed out of the Senate. SUPPORT: (Verified 10/11/16) SB 1132 Page 5 American Institute of Architects, California Council OPPOSITION: (Verified10/11/16) California Council for Interior Design Certification ARGUMENTS IN SUPPORT: The American Institute of Architects, California Council writes in support, "[This bill] would allow individuals to have the job title "architect-in-training" during their internship once they are eligible to take the licensing examinations and if they work under the direct supervision of a licensed architect. This job title does not harm the public as it does not imply licensure or grant any of the authority of a licensed architect. Importantly, it is helpful as it describes the qualifications of the individual to clients of an architectural firm. Finally, the granting of an "in-training" paraprofessional title has precedent. California law allows the titles "engineer-in-training" and "land surveyor-in-training" to qualified candidates in those professional fields." ARGUMENTS IN OPPOSITION: The California Council for Interior Design Certification writes that this title "has no proven consumer demand [and] is designed to purchase more territory in the pursuit of legitimization without justification, cause, or merit." SB 1132 Page 6 GOVERNOR'S VETO MESSAGE: I am returning Senate Bill 1132 without my signature. This bill would allow a person to use the title architect-in-training if they have earned a high school diploma and are enrolled in the National Council of Architectural Registration Board's Experience Program. In May 2015, this very same Board discouraged the use of any title that implied a person was an architect, stating "architects are those who have met all the requirements to become licensed everyone else is not an architect." I agree with this assessment. ASSEMBLY FLOOR: 79-0, 8/22/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Melendez Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104 10/17/16 14:51:05 **** END **** SB 1132 Page 7