BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1145
                                                                  Page  1

          Date of Hearing:   April 21, 2009

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                 Mary Hayashi, Chair
                 AB 1145 ( Price) - As Introduced:  February 27, 2009
           
          SUBJECT  :   Architects:  fees.

           SUMMARY  :   Increases the maximum fee for renewal of an architect  
          license to four hundred dollars ($400).

           EXISTING LAW  : 

          1)Provides for the licensure and regulation of architects by the  
            California Architects Board (CAB).
           
          2)Imposes various fees on licenses and applicants for an  
            architect license, which are deposited in the CAB Fund (Fund),  
            a continuously appropriated fund. 

          3)Provides that the fee for renewing an architect's license may  
            not exceed two hundred dollars ($200).

           FISCAL EFFECT  :   Unknown 

           COMMENTS  :   

           Purpose of the bill  .   According to the author's office, "The  
          architect licensing fee has not been adjusted for 20 years and  
          is currently at two hundred dollars ($200) for a two-year  
          license.  After two decades, it has become necessary to increase  
          the fee in order for the CAB to sustain its current level of  
          services.  According to the CAB, they will not be able to  
          generate the revenue to maintain current operations beginning in  
          2010-11.  It is the intent of this bill to provide the board  
          with more flexibility by raising the statutory cap, thereby  
          allowing the board to raise the fees if it is ever deemed  
          necessary." 

           Background  .  The Board 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.  According to  
          data provided by the Department of Consumer Affairs (DCA) Budget  








                                                                  AB 1145
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          Office, if there is no license renewal fee increase, the Fund  
          will become insolvent with a $879,000 deficit in FY 2010-11 that  
          will grow to approximately $2.05 million in FY 2011-12, and $4.1  
          million in FY 2012-13.  The DCA Budget Office projects if the  
          Board increases the renewal fee to three hundred fifty dollars  
          ($350) and assumes a 2% growth in expenditures in FY 2010-11,  
          that it will remain solvent and maintain a positive balance and  
          reserve in the upcoming years.  Assuming a three hundred fifty  
          dollars ($350) renewal fee, the fund balance will be $587,000 in  
          FY 2010-11, $1.5 million in FY 2011-12, and $916,000 in FY  
          2012-13.

           Support  .  According to the Board, "AB 1145 is necessary because  
          the Board's statutory cap for its license renewal fee is still  
          at the level at which it was set at in 1989, two hundred dollars  
          ($200).  AB 1145 was pursued at the suggestion of the DCA Budget  
          Office.  The Budget Office's projected fund condition shows  
          insolvency of the Board's fund beginning in FY 2010-11 if  
          additional revenue is not received.  Increases in the cost of  
          doing business and new mandates, such as disabled access  
          continuing education (as required by) SB 1608 (Corbett), Chapter  
          549, Statutes of 2008, put the Board in the position of needing  
          to increase is fees.  This bill will give the Board authority to  
          raise the fee by increasing the statutory cap of the fee to four  
          hundred dollars ($400).  The Board will only increase the fee to  
          (a) level necessary to maintain solvency pursuant to DCA's  
          recommendation.  This proposed statutory fee cap level will  
          enable the Board to keep its fund solvent and maintain its  
          valuable services to consumers, candidates for licensure, and  
          architects." 

          According to the AIACC, "The architectural profession is  
          licensed for the sole purpose of protecting the HSW of the  
          public, and the CAB has the responsibility to license, regulate,  
          and discipline architects for the benefit of the public.   
          Because the state restricts who can provide architectural  
          services, it is the obligation of California licensed architects  
          to completely fund the operation of the CAB.  The CAB receives  
          no general fund support.  The stewardship, smart planning, and  
          strong management of the CAB have allowed the architect  
          licensing fee to remain unchanged for 20 years.  The two hundred  
          dollars ($200) fee adopted in 1989 would be $342 today if  
          adjusted for the increase in the cost of living? The architect  
          licensing fee statutory cap needs to be changed to allow the CAB  
          to raise the licensing fee so that it can sustain its current  








                                                                  AB 1145
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          and needed level of service to the public."

          Based on the data provided by the DCA Budget Office, if CAB  
          increases the architect license fee to three hundred fifty  
          dollars ($350), the Fund will remain solvent and maintain a  
          positive balance and reserve in the upcoming years.  Should the  
          maximum fee for renewal of an architect license be capped at  
          three hundred fifty dollars ($350) instead of four hundred  
          dollars ($400)? 

           Prior Legislation  .  SB 1608 (Corbett), Chapter 549, Statutes of  
          2008, requires, as a condition of license renewal, that an  
          architect complete coursework regarding disability access  
          requirements, as specified, and certify to the Board, as part of  
          the license renewal process, completion of the coursework prior  
          to renewing their license.

           REGISTERED SUPPORT / OPPOSITION  :   

          Support 
           
          American Institute of Architects, California Council (sponsor) 
          California Architects Board (Board) (sponsor)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Joanna Gin / B. & P. / (916) 319-3301