BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 623
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 623 (Emmerson)
          As Amended  September 4, 2009
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 14, 2009)  |SENATE: |40-0 |(September 10, |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    B. & P.  

           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.  

           The Senate amendments  revise provisions relating to  
          certification and compliance of mandatory CE requirements, and: 

          1)Require a licensee to maintain records demonstrating  
            completion of CE requirements as specified, and authorizes CAB  
            to audit these records. 

          2)Require a licensee to maintain records demonstrating  
            completion of both disability access and HSW CE requirements  
            as specified, and authorizes CAB to audit these records. 

          3)Require a licensee, until the conclusion of the renewal cycle  
            commencing January 1, 2011, as a condition of license renewal,  
            to certify that he or she has completed disability access CE  
            requirements and provide CAB with specified documentation  
            demonstrating completion of CE requirements.  Exempt licensee,  
            commencing with the first renewal cycle beginning January 1,  
            2013, whose first license renewal is issued after January 1,  
            2012, and is renewed within one year of that initial issuance  
            date.

          4)Require a licensee, commencing with the renewal cycle  
            beginning January 1, 2013, to self-certify that he or she has  
            satisfied the CE requirements, as a condition of license  
            renewal, and upon a CAB audit, provide CAB with specified  
            documentation demonstrating completion of CE requirements.   
            Establish a civil penalty for failing to complete or  








                                                                  AB 623
                                                                  Page  2

            falsifying completion of CE requirements, in an amount set by  
            CAB but not to exceed $5,000.  Authorize CAB to suspend and/or  
            revoke a licensee for non-compliance of CE requirements.

          5)Require CAB, until January 1, 2015, to audit 3% of licensee  
            renewals annually to verify completion of disability access CE  
            requirements. 

          6)Require CAB, by January 1, 2019, to submit a letter to the  
            Legislature on disability access CE provisions, licensee  
            compliance, resulting disciplinary actions for non-compliance,  
            and CAB findings and recommendations. 

          7)Require, that if CAB determines, based on empirical evidence,  
            that it is in the interest of public HSW, CAB may adopt  
            mandatory CE requirements and require licensees certify CE  
            requirements on a separate form as a condition of license  
            renewal, including at least five hours of disability access  
            CE.

          8)Declare legislative intent. 

           AS PASSED BY THE ASSEMBLY  , this bill required architects to  
          complete additional CE requirements relating to HSW as a  
          condition of license renewal

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no new costs associated with this legislation.

           COMMENTS  :  This bill was substantially amended in the Senate and  
          is consistent with Assembly-approved provisions.  This bill, as  
          amended, includes a civil penalty for non-compliance, reporting  
          and auditing requirements for CAB, and minor changes to  
          recordkeeping and auditing provisions of records substantiating  
          completion of CE requirements. 


           Analysis Prepared by  :    Joanna Gin / B. & P. / (916) 319-3301 


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