Today's Law As Amended

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SB-608 Architects and landscape architects.(2019-2020)



SECTION 1.

 Section 144 of the Business and Professions Code is amended to read:

144.
 (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of California.
(13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors’ State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Bureau of Cannabis Control.
(28) California Board of Podiatric Medicine.
(29) Osteopathic Medical Board of California.
(30) California Architects Board, beginning January 1, 2021.
(31) Landscape Architects Technical Committee, beginning January 1, 2021.
(c) For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.

SEC. 2.

 Section 5510 of the Business and Professions Code is amended to read:

5510.
 There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, 2024,  and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 3.

 Section 5517 of the Business and Professions Code is amended to read:

5517.
 The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her the executive officer  by this chapter.
This section shall remain in effect only until January 1, 2020, 2024,  and as of that date is repealed.

SEC. 4.

 Section 5520 of the Business and Professions Code is amended to read:

5520.
 The board shall adopt a seal for its own use. The seal used shall have the words, “State Board of Architectural Examiners”  “California Architects Board”  inscribed thereon.
The executive officer shall have the care and custody of the seal.

SEC. 5.

 Section 5526.5 is added to the Business and Professions Code, to read:

5526.5.
 (a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an informal conference to review the acts shared in the citation. The cited person shall make the request for an informal conference in writing, within 30 days of the date of issuance of the citation, to the executive officer.
(b) The executive officer or their designee shall hold, within 60 days from the receipt of the request, an informal conference with the cited person. The executive officer or their designee may extend the 60-day period for good cause.
(c) Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any fine that is levied, order of abatement, or order of correction issued. The executive officer or their designee shall state in writing the reasons for the action and transmit a copy of those findings to the cited person within 30 days after the informal conference.
(d) If the citation, including any fine that is levied or order of abatement or correction, is affirmed or modified following the informal conference, the respondent may make a request in writing to the executive officer within 30 days of the affirmed or modified citation, for a formal hearing, which shall be conducted as provided for in paragraph (4) of subdivision (b) of Section 125.9.
(e) A cited person shall not request an informal conference for a citation which has been affirmed or modified following an informal conference.

SEC. 6.

 Section 5536 of the Business and Professions Code is amended to read:

5536.
 (a) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who is not licensed to practice architecture under this chapter to practice architecture in this state, to use any term confusingly similar to the word architect, to use the stamp of a licensed architect, as provided in Section 5536.1, or to advertise or put out any sign, card, or other device that might indicate to the public that he or she  the person  is an architect, that he or she  is qualified to engage in the practice of architecture, or that he or she  is an architectural designer.
(b) It is a misdemeanor, punishable as specified in subdivision (a), for any person who is not licensed to practice architecture under this chapter to affix a stamp or seal that bears the legend “State of California” or words or symbols that represent or imply that the person is so licensed by the state to prepare plans, specifications, or instruments of service.
(c) It is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a “registered building designer” or is registered or otherwise licensed by the state as a building designer.

SEC. 7.

 Section 5536.22 of the Business and Professions Code is amended to read:

5536.22.
 (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or his or her  the client’s  representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:
(1) A description of the project for which the client is seeking services.
(1) (2)  A description of the  services to be provided by the architect to the client.
(2) (3)  A description of any basis of compensation applicable to the contract and the  method of payment agreed upon by both parties.
(3) (4)  The name, address, and license number of the architect and  architect,  the name and address of the client. client, and the project address. 
(4) (5)  A description of the procedure that the architect and the client will use to accommodate additional services. services and contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment. 
(5) (6)  A description of the procedure to be used by either party to terminate the contract.
(7) A statement identifying the ownership and use of instruments of service prepared by the architect.
(8) A statement in at least 12-point type that reads: “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
(b) This section shall not apply to any of the following:
(1) Professional services rendered by an architect for which the client will not pay compensation.
(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architect’s services are of the same general kind which the architect has previously rendered to and received payment from the same client.
(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.
(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
(5) Professional services rendered by an architect to a public agency when using that public agency’s written contract.

SEC. 8.

 Section 5552.1 is added to the Business and Professions Code, to read:

5552.1.
 (a) Pursuant to Section 144, beginning January 1, 2021, the board has the authority to obtain and receive criminal history information. The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code and to determine whether the applicant is subject to denial of a license pursuant to Division 1.5 (commencing with Section 475) or Sections 5560 and 5577.
(b) As a condition of application for a license, each applicant shall furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice.
(c) The board shall request from the Department of Justice subsequent arrest notification service, pursuant to Section 11105 of the Penal Code.
(d) The applicant shall pay for the reasonable regulatory costs for furnishing the fingerprints and conducting the searches.
(e) The applicant shall certify, under penalty of perjury, when applying for a license whether the applicant’s fingerprints have been furnished to the Department of Justice in compliance with this section.
(f) Failure to comply with the requirements of this section renders the application for a license incomplete, and the application shall not be considered until the applicant demonstrates compliance with all of the requirements of this section.
(g) Notwithstanding any other law, the results of any criminal offender record information request by either state or federal law enforcement authorities shall not be released by the board except in accordance with state and federal requirements.
(h) This section shall apply to all applicants subject to this chapter and subdivision (i).
(i) As used in this section, the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
(j) As a condition of petitioning the board for reinstatement of a revoked or surrendered license, an applicant shall comply with subdivision (a).

SEC. 9.

 Section 5552.5 of the Business and Professions Code is amended to read:

5552.5.
 The board may, by regulation, implement an intern development  architectural education and training experience or internship  program.

SEC. 10.

 Section 5600.05 of the Business and Professions Code is amended to read:

5600.05.
 (a) (1) As a condition of license renewal, a licensee shall have completed coursework regarding disability access requirements pursuant to paragraphs (2) and (3). A licensee shall certify to the board, as a part of the license renewal process, that he or she has completed the required coursework prior to approval of his or her license renewal and shall, until the conclusion of the license renewal cycle beginning January 1, 2011, provide documentation to the board from the course provider that shall include the course title, subjects covered, name of provider and trainer or educator, date of completion, number of hours completed, and a statement about the trainer’s or educator’s knowledge and experience background. Commencing with the license renewal cycle beginning January 1, 2013, a licensee shall, upon a board audit, provide the documentation from the course provider to the board. A licensee who provides false or misleading information as it relates specifically to the requirements of this paragraph shall be subject to an administrative citation, which may include an administrative fine pursuant to Section 125.9, or to disciplinary action by the board. complete five hours of coursework pursuant to paragraph (2).  
(2) (A) For licenses renewed on and after July 1, 2009, and before January 1, 2010, a licensee shall have completed one hour of coursework.
(B) For licenses renewed on and after January 1, 2010, and before January 1, 2011, a licensee shall have completed two and one-half hours of coursework.
(C) For licenses renewed on and after January 1, 2011, a licensee shall have completed five hours of coursework within the previous two years.
(3) (2)  Coursework regarding disability access requirements shall include information and practical guidance concerning requirements imposed by the federal  Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Coursework provided pursuant to this paragraph shall be presented by trainers or educators with knowledge and expertise in these requirements. The board shall promulgate regulations to establish qualifications for courses and course providers by January 1, 2023. 
(b) The board may audit the records of a licensee to verify the completion of the coursework requirements of subdivision (a). A licensee shall maintain records of completion of the required coursework, containing the information specified in paragraph (1) of subdivision (a), for two years from the date of license renewal and  coursework for two years from the date of license renewal, containing the following information: course title, subjects covered, name of provider and trainer or educator, date of completion, number of hours completed, and a statement about the trainer’s or educator’s knowledge and experience background. A licensee  shall make those records available to the board for auditing upon request. A licensee who provides false or misleading information as it relates specifically to the requirements of this subdivision shall be subject to an administrative citation, which may include an administrative fine pursuant to Section 125.9, or to disciplinary action by the board. 
(c) Until January 1, 2015, the  The  board shall audit at least 3 percent of the license renewals received each year to verify the completion of the continuing education requirements of this subdivision.
(d) On or before January 1, 2019, the board shall submit a letter to the Legislature on the disability access continuing education provisions required under this subdivision, including the level of licensee compliance with the requirements, any actions taken by the board for noncompliance with the requirements, the findings of board audits, and any recommendations of the board for improving the process. A continuing education provider may submit evidence of coursework to the board directly. 

SEC. 11.

 Section 5616 of the Business and Professions Code is amended to read:

5616.
 (a) A landscape architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the landscape architect and the client, or their representatives, prior to the landscape architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1) A description of the project for which the client is seeking services.
(1) (2)  A description of the  services to be provided by the landscape architect to the client.
(2) (3)  A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and the method of payment agreed upon by both parties.
(3) (4)  A notice  statement in at least 12-point type  that reads:
“Landscape architects are licensed by the State of California.” Landscape Architects Technical Committee located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.” 
(4) (5)  The name, address, and license number of the landscape architect and  architect,  the name and address of the client. client, and project address. 
(5) (6)  A description of the procedure that the landscape architect and client will use to accommodate additional services.
(6) (7)  A description of the procedure to be used by either party to terminate the contract.
(b) (8)  This section shall not apply if the client knowingly states in writing after full disclosure of this section that a contract that complies with this section is not required. A description of the procedure that the landscape architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation, total price, and method of payment. 
(9) A statement identifying the ownership and use of instruments of service prepared by the landscape architect.
(c) (b)  This section shall not apply to any of the following:
(1) Professional services rendered by a landscape architect for which the client will not pay compensation.
(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the landscape architect’s services are of the same general kind that the landscape architect has previously rendered to, and received payment for from, the same client.
(3) If the client states in writing after full disclosure of this section that a written contract is not required.
(3) (4)  Professional services rendered by a landscape architect to any of the following:
(A) A landscape architect licensed under this chapter.
(B) An architect licensed under Chapter 3 (commencing with Section 5500).
(C) A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(D) A contractor licensed under Chapter 9 (commencing with Section 7000).
(E) A geologist or geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F) A professional land surveyor licensed under Chapter 15 (commencing with Section 8700).
(G) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with, or incidental to, the products, systems, or services of that corporation or its affiliates.
(H) A public agency. agency when using that public agency’s written contract. 
(d) (c)  As used in this section, “written contract” includes a contract that is in electronic form.

SEC. 12.

 Section 5620 of the Business and Professions Code is amended to read:

5620.
 The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter “board” is used, it refers to the California Architects Board.
(b) Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c) After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d) The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e) This section shall remain in effect only until January 1, 2020, 2024,  and as of that date is repealed.

SEC. 13.

 Section 5620.2 is added to the Business and Professions Code, to read:

5620.2.
 (a) The following powers conferred by law upon the board are hereby delegated to and conferred upon the executive officer, or in their absence from the office, to the acting executive officer, as provided below:
(1) Receive and file accusations.
(2) Issue notices of hearings, statements to respondents, and statements of issues.
(3) Receive and file notices of defense.
(4) Determine the time and place of hearings under Section 11508 of the Government Code.
(5) Issue subpoenas and subpoenas duces tecum.
(6) Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the board in connection with proceedings under Sections 11500 to 11528, inclusive, of the Government Code, before hearing those proceedings.
(7) Approve settlement agreements for the revocation or surrender of a license.
(8) Certification and delivery or mailing of copies of decisions under Section 11518 of the Government Code.
(b) In addition to the powers described in subdivision (a), the following powers are also delegated to and conferred upon the executive officer, as provided below:
(1) Evaluate and determine qualifications and approve applicants for examination under Section 5650.
(2) Determine which applicants for reciprocity licenses are entitled to waiver of the written examination under Section 5651.

SEC. 14.

 Section 5621 of the Business and Professions Code is amended to read:

5621.
 (a) There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c) The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her  the member’s  successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e) This section shall remain in effect only until January 1, 2020, 2024,  and as of that date is repealed.

SEC. 15.

 Section 5622 of the Business and Professions Code is amended to read:

5622.
 (a) The landscape architects committee may assist the board in the examination of candidates for a landscape architect’s license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b) The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c) The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d) The landscape architects committee may send a representative to all meetings of the full board to report on the committee’s activities.
(e) This section shall remain in effect only until January 1, 2020, 2024,  and as of that date is repealed.
SEC. 16.
 The Legislature finds and declares that Section 8 of this act, which adds Section 5552.1 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy and personal information of applicants, it is necessary that applicant record information be kept confidential.
SEC. 17.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.