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     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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.








                                                                  AB 623
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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  








                                                                  AB 623
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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 


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