BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                        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










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          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.










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          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  








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          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)











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          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."       









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          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


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