SB 608

Bill Subjects

Abstract

(1) Existing law regulating professions and vocations requires certain designated agencies, within the purview of the Department of Consumer Affairs, to require applicants to furnish their fingerprints for purposes of conducting criminal history record checks. This bill would, beginning on January 1, 2021, add the California Architects Board and the Landscape Architects Technical Committee to the list of designated agencies subject to these provisions. The bill would also provide that beginning on January 1, 2021, the California Architects Board has the authority to obtain and review criminal offender record information to determine whether an applicant is subject to denial of a license. The bill would require, as a condition of the application for a license or reinstatement thereof, that each applicant furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history check and undergoing a state and federal level criminal offender record information search. The bill would require an applicant to certify under penalty of perjury that the applicant's fingerprints have been furnished to the Department of Justice in compliance with this provision and to pay the reasonable regulatory costs for furnishing the fingerprints and conducting the searches. By expanding the crime of perjury, the bill would impose a state-mandated local program. (2) Existing law, the Architects Practice Act, establishes the California Architects Board consisting of 10 members and sets forth its powers and duties over the licensure and regulation of architects. The act permits the board to appoint a person who is exempt from civil service as its executive officer to exercise duties delegated to the officer by the board. Existing law transfers duties previously within the jurisdiction of the California State Board of Landscape Architects to the California Architects Board. Existing law also creates a Landscape Architects Technical Committee within the jurisdiction of the board and authorizes the committee to assist the board in examining candidates for a landscape architect's license and, after investigation, evaluate and make recommendations regarding potential violations of the act. Existing law repeals these provisions on January 1, 2020. This bill would extend the operation of these provisions until January 1, 2024. The bill would also confer specified powers of the board to its executive officer, or, in the executive officer's absence, to the acting executive officer. These powers would include receiving and filing accusations, issuing notices of hearings, and conducting various other duties in connection with the board's administrative hearing duties. The bill would additionally delegate to the executive officer the board's power to evaluate and determine qualifications and approve applicants for examination and determine eligibility for applicants for reciprocity licenses to waive the written examination. This bill would also make nonsubstantive changes to those provisions related to the renaming of the "State Board of Architectural Examiners" to the "California Architects Board." (3) Existing law authorizes boards within the Department of Consumer Affairs, to establish, by regulation, a system for issuing a citation to a licensee in accordance with certain provisions. Under existing law, the system is required to contain, among other elements, information provided to the licensee that if they desire a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment. This bill would authorize a cited person subject to the Architects Practice Act, in addition to requesting an administrative hearing as described above, to request an informal conference to review the acts charged in the citation, in accordance with certain procedural requirements and timeframes. (4) Under existing law, an architect is required to use a written contract when contracting to provide professional services, as specified. Existing law requires that the contract include, among other things, a description of services to be provided and a description of the procedure to be used to accommodate additional services. This bill would require the written contract to also include a description of the project, a description of the procedure that will be used to accommodate additional services and contract changes, the project address, a statement identifying the ownership and use of instruments of service prepared by the architect, and a statement notifying the client that the architect is licensed and regulated by the board located at a specified address. The bill would provide that the written contract requirement does not apply to professional services rendered to a public agency when using that agency's written contract. (5) Existing law requires a landscape architect to use a written contract when contracting to provide professional services. Existing law requires that the contract include, among other things, a description of services to be provided, a description of the procedure to be used to accommodate additional services, and a notice that landscape architects are licensed by the State of California. This bill would require the written contract to also include a description of the project for which the client is seeking services, a description of the procedure that the landscape architect and the client will use to accommodate contract changes, a statement identifying the ownership and use of instruments of service prepared, and a statement notifying the client that the landscape architect is licensed by the Landscape Architects Technical Committee located at a specified address. The bill would revise and recast related provisions governing written contracts for landscape architects. The bill would provide that the written contract requirement does not apply to professional services rendered to a public agency when using that agency's written contract. (6) Existing law makes it a misdemeanor for a person to advertise or represent that they are a "registered building designer" or registered or otherwise licensed by the state as a building designer. This bill would delete the above misdemeanor penalty provision prohibiting a person from advertising or representing that they are a "registered building designer" or registered or otherwise licensed by the state as a building designer. (7) Existing law requires a person licensed to practice architecture to complete, as a condition of license renewal, a specified amount of coursework regarding disability access requirements that depends on the date of renewal. Existing law requires a licensee to comply with specified recordkeeping requirements to that effect. This bill would revise and recast those requirements to, among other changes, require a licensee to complete 5 hours of coursework that meets certain requirements, and would require the board to promulgate regulations to establish qualifications for courses and course providers by January 1, 2023. The bill would also make a licensee who provides false or misleading information as it relates to completion of coursework requirements subject to an administrative citation or disciplinary action by the board and would make specified changes to the recordkeeping requirements. (8) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.