BILL ANALYSIS
AB 623
Page 1
GOVERNOR'S VETO
AB 623 (Emmerson)
As Amended September 4, 2009
2/3 vote
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|ASSEMBLY: |75-0 |(May 14, 2009) |SENATE: |40-0 |(September 10, |
| | | | | |2009) |
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|ASSEMBLY: |79-0 |(September 11, | | | |
| | |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,
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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
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
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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.
GOVERNOR'S VETO MESSAGE :
"This bill would authorize the CAB to require a licensee, as a
condition of renewal, to certify to the CAB that he or she has
completed CE in, or relevant to, the practice of architecture in
subjects relating to health, safety, and welfare.
"I am supportive of the provisions that modify the documentation
requirements for the existing CE requirements, but I believe
this could be done administratively. However, I do not believe
we should be placing additional burdens on licensees by
demanding they fulfill new CE requirements."
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0003313