BILL ANALYSIS
AB 623
Page 1
ASSEMBLY THIRD READING
AB 623 (Emmerson)
As Amended May 11, 2009
Majority vote
BUSINESS & PROFESSIONS 11-0 APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Nielsen, |
| |Conway, Eng, | |Ammiano, |
| |Hernandez, Nava, Niello, | |Charles Calderon, Davis, |
| |John A. Perez, Price, | |Duvall, Fuentes, Hall, |
| |Ruskin, Smyth | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires architects to complete additional continuing
education (CE) requirements relating to health, safety, and
welfare (HSW) as a condition of license renewal, if the
California Architects Board (CAB) determines that it is in the
interest of public HSW. Specifically, this bill :
1)Requires the licensee to certify on a form prescribed by the
CAB that he or she has completed CE in or relevant to, HSW and
the practice of architecture, during the preceding two years.
2)Requires that coursework in disability access requirements
shall be applied to the CE hours as prescribed by the CAB.
3)Requires the CAB to adopt regulations establishing CE
requirements.
4)Authorizes the CAB to audit a licensee's records to verify
completion of CE requirements and requires a licensee to
maintain CE records for a minimum of two years from the date
of license renewal.
EXISTING LAW :
1)Provides for the licensure and regulation of persons engaged
in the practice of architecture by the CAB.
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2)Requires a licensed architect, as a condition of license
renewal, to complete coursework on disability access
requirements, as specified, and to certify completion to the
CAB.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are no new costs associated with this
legislation.
COMMENTS : According to the author's office, this bill "requires
California architects to take CE on subjects affecting the HSW
of the public as a condition of licensure?Society and the laws
of the state will require new knowledge by architects regarding
the energy performance of buildings, and their impact on the
environment and the users of the building. Additionally,
architects must continuously learn other changing topics
important to the public HSW, such as building codes, universal
accessibility, seismic design, fire sprinklers, masonry
construction, alternative energy sources, shoreline protection,
historic preservation, pedestrian design, and many other
important and changing topics.
"AB 623 is needed due to the conflicting legal opinions over
whether the CAB has the existing authority to implement a
mandatory and comprehensive CE requirement."
The CAB establishes regulations for examination and licensing of
the profession of architecture in California, which today
numbers approximately 22,000 licensed architects and
approximately 11,000 candidates who are in the process of
meeting examination and licensure requirements.
The Department of Consumer Affairs believes that the CAB
currently does not have the authority to adopt CE requirements
for the renewal of an architect's license. The Legislative
Counsel however, believes that the CAB does currently have that
authority and has issued an opinion that this legislation would
clarify any confusion and be consistent with existing precedent.
According to the CAB, "Architects and the built environment they
shape have a tremendous impact on public HSW. The complexity of
the practice of architecture has been increasingly
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exponentially, as new technologies, construction methods and
materials, regulations and codes, and market issues add to the
dynamic context in which architects practice. Given architects'
impact on the public, it is crucial that they be current on HSW
practice issues?
"Thirty-nine other states have recognized the need for mandatory
continuing education in HSW issues. California architects
already must complete CE on disabled access issues pursuant to
SB 1608 (Corbett), Chapter 549, Statutes of 2008. The CAB is
also supportive of ensuring ongoing learning and wishes to
pursue a comprehensive CE program."
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0000578