BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           623 (Emmerson)
          
          Hearing Date:  8/17/2009        Amended: 7/15/2009
          Consultant:  Bob Franzoia       Policy Vote: B,P&ED  9-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 623 would authorize the California Architects  
          Board (CAB) to audit the records of a license, and, until  
          January 1, 2015, would require the CAB to audit at least three  
          percent of the license renewals received each year, to verify  
          completion of coursework regarding disability access  
          requirements and would require a licensee to provide the  
          specified documentation only upon that audit.  Some licensees  
          may be exempted on a one time basis.  In addition, this bill  
          would authorize the CAB to require a licensee to certify to the  
          CAB that he or she has completed continuing education (CE) in  
          the practice of architecture in subjects relating to health,  
          safety, and welfare.  If the CAB imposes that requirement, this  
          bill would require the CAB to adopt regulations establishing  
          requirements relating to continuing education. 
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Licensee audit requirement        Up to $115  Up to $170Up to  
          $170                   Special*                         
          * State Architects Board Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Established in 1901, the CAB regulates approximately 22,000  
          licensed architects.

          The fiscal impact estimates the CAB will require approximately  
          two full time staff to conduct an estimated 220 to 440 audits  
          annually and to develop supporting data.  

          The audit workload will be for the following activities:
           










          - Generate a database report for a specific timeframe which  
          randomly selects renewed licenses to be audited.  A minimum of  
          three percent of renewals will be audited annually.
          - Retrieve renewal applications for selected licenses from CAB  
          files.
          - Review renewal applications to verify appropriate information  
          and completeness for the current renewal cycle.
          - Prepare and mail letter to licensees indicating that they have  
          been selected for an audit and requesting submittal of all  
          supporting CE documentation to show the completion of the  
          required courses within the prior two years.
          - Enter data into computer records for each license.
          - Review and analyze documentation received to determine if  
          coursework compliant (i.e., date course completed, type of  
          course, subjects covered, hours completed, and trainer's  
          knowledge and experience background).

          Page 2
          AB 623 (Emmerson)

          - Act as the liaison between the CBA and CE providers to verify  
          any suspect documentation with the CE course providers, trainers  
          and/or educators.  Prepare and mail letters to  
          providers/trainers as needed.
          - Prepare and mail second request letters to licensees for any  
          lacking documentation and track and continue follow-up until  
          complete information is received.
          - Respond to the licensees' inquiries regarding the CE audit  
          process, status, and results. 
          - Forward any fraudulent CE documentation to the CAB's  
          Enforcement Coordinator for further action.  Additional workload  
          for Enforcement Unit is absorbable.
          - Prepare and mail letter to licensee confirming completion of  
          CE audit.
          - Record actions on computer license record.
          - File all documents in license file.
          - Record statistics and generate reports as needed.

          This bill also requires the CE program to be based on empirical  
          evidence that demonstrates that the public health, safety, and  
          welfare would be served by requiring all architects to complete  
          CE as a condition of license renewal.  In order to base the  
          program on empirical evidence, staff would have to conduct  
          research to determine if the evidence is currently available or  
          the best method to collect it.  Depending on the results of the  
          research, additional workload may be needed (i.e., research  










          methodologies to assess validation, define scope of study,  
          contract with consultant, conduct focus groups, gather  
          statistical data, analyze data, prepare findings, etc.).  Based  
          on the outcome of the empirical data the CE program requirements  
          would be developed.  Regulations would have to be approved and  
          computer programming for the first year exemption would have to  
          be completed before a CE program could be fully implemented.   
          These functions would need to be completed by a CAB staff member  
          at an analyst level and a contracted outside consultant (if  
          necessary for the computer programming).

          AB 1145 (Price), also on the committee's agenda, would increase  
          license renewal fees to up to $400 annually.  At a fee of $350  
          or $50 less than the maximum proposed by that bill, the CAB  
          would receive increased revenue of $1,427,000 in fiscal years  
          ending in odd numbered years and by $2,039,000 in fiscal years  
          ending in even numbered years.  Total revenue would be  
          $3,245,000 in 2010-11, $4,637,000 in 2011-12 and $3,245,000 in  
          2012-13.  Absent this increase in the fee maximum, it is  
          estimated the CABF will be insolvent in 2010-11 with a deficit  
          of $879,000 increasing to $2,050,000 and $4,100,000 in 2011-12  
          and 2012-13 respectively.