BILL NUMBER: SB 1061 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 13, 2012
An act to amend Sections 6704, 6706.3, 6730, 6737.3, 6738, 6740,
6741, and 6787 of, to add Sections 6702.3, 6702.4, 6702.5, 6702.6,
6702.7, 6702.8, 6702.9, 6702.10, 6702.11, 6730.6, 6730.7, and 6731.7
to, and to repeal Section 6704.1 of, the Business and Professions
Code, relating to engineers, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1061, as introduced, Walters. Professional engineers.
Existing law establishes the Board for Professional Engineers and
Land Surveyors in the Department of Consumer Affairs. Existing law
recognizes various engineering disciplines. Existing law prohibits
the practicing of civil, electrical, and mechanical engineering by
any person who has not passed a specified examination and who is not
appropriately licensed by the board in that discipline. Existing law
makes various violations of the Professional Engineers Act a crime,
including the practice or offer to practice by a person of civil,
electrical, or mechanical engineering without authorization as
provided by the act.
This bill would also prohibit the practice of agricultural,
chemical, control system, fire protection, industrial, metallurgical,
nuclear, petroleum, and traffic engineering, as defined, by any
person who has not passed a specified examination and who is not
appropriately licensed by the board in the particular discipline. The
bill would authorize any licensed engineer to practice engineering
work in any of those fields in which he or she is competent and
proficient. The bill would make other changes to related provisions.
By revising the definition of a crime to include additional
engineering disciplines, this bill would impose a state-mandated
local program.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6702.3 is added to the Business and Professions
Code, to read:
6702.3. "Chemical engineer" as used in this chapter means a
professional engineer in the branch of chemical engineering and
refers to one who practices or offers to practice chemical
engineering in any of its phases.
SEC. 2. Section 6702.4 is added to the Business and Professions
Code, to read:
6702.4. "Control system engineer" as used in this chapter means a
professional engineer in the branch of control system engineering
and refers to one who practices or offers to practice control system
engineering in any of its phases.
SEC. 3. Section 6702.5 is added to the Business and Professions
Code, to read:
6702.5. "Fire protection engineer" means a professional engineer
in the branch of fire protection engineering and refers to one who
practices or offers to practice fire protection engineering in any of
its phases.
SEC. 4. Section 6702.6 is added to the Business and Professions
Code, to read:
6702.6. "Nuclear engineer" means a professional engineer in the
branch of nuclear engineering and refers to one who practices or
offers to practice nuclear engineering in any of its phases.
SEC. 5. Section 6702.7 is added to the Business and Professions
Code, to read:
6702.7. "Petroleum engineer" means a professional engineer in the
branch of petroleum engineering and refers to one who practices or
offers to practice petroleum engineering in any of its phases.
SEC. 6. Section 6702.8 is added to the Business and Professions
Code, to read:
6702.8. "Traffic engineer" means a professional engineer in the
branch of traffic engineering and refers to one who practices or
offers to practice traffic engineering in any of its phases.
SEC. 7. Section 6702.9 is added to the Business and Professions
Code, to read:
6702.9. "Agricultural engineer" means a professional engineer in
the branch of agricultural engineering and refers to one who
practices or offers to practice agricultural engineering in any of
its phases.
SEC. 8. Section 6702.10 is added to the Business and Professions
Code, to read:
6702.10. "Industrial engineer" means a professional engineer in
the branch of industrial engineering and refers to one who practices
or offers to practice industrial engineering in any of its phases.
SEC. 9. Section 6702.11 is added to the Business and Professions
Code, to read:
6702.11. "Metallurgical engineer" means a professional engineer
in the branch of metallurgical engineering and refers to one who
practices or offers to practice metallurgical engineering in any of
its phases.
SEC. 10. Section 6704 of the Business and Professions Code is
amended to read:
6704. (a) In order to safeguard life, health, property, and
public welfare, no person shall practice civil, electrical,
or mechanical agricultural, chemical, civil, control
system, electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineering
unless appropriately licensed or specifically exempted from licensure
under this chapter, and only persons licensed under this chapter
shall be entitled to take and use the titles "consulting engineer,"
"professional engineer," "licensed engineer,"
or "registered engineer," or any combination of those titles or
abbreviations thereof, and according to licensure with the board the
engineering branch titles specified in Section 6732, or the authority
titles specified in Sections 6736 and 6736.1, or the title
"engineer-in-training."
(b) The provisions of this section shall not prevent the use of
the title "consulting engineer" by a person who has qualified for and
maintained exemption for using that title under the provisions of
Section 6732.1, or by a person licensed as a photogrammetric
surveyor.
SEC. 11. Section 6704.1 of the Business and Professions Code is
repealed.
6704.1. (a) The Department of Consumer Affairs, in conjunction
with the board, and the Joint Committee on Boards, Commissions, and
Consumer Protection shall review the engineering branch titles
specified in Section 6732 to determine whether certain title acts
should be eliminated from this chapter, retained, or converted to
practice acts similar to civil, electrical, and mechanical
engineering, and whether supplemental engineering work should be
permitted for all branches of engineering. The department shall
contract with an independent consulting firm to perform this
comprehensive analysis of title act registration.
(b) The independent consultant shall perform, but not be limited
to, the following: (1) meet with representatives of each of the
engineering branches and other professional groups; (2) examine the
type of services and work provided by engineers in all branches of
engineering and interrelated professions within the marketplace, to
determine the interrelationship that exists between the various
branches of engineers and other interrelated professions; (3) review
and analyze educational requirements of engineers; (4) identify the
degree to which supplemental or "overlapping" work between
engineering branches and interrelated professions occurs; (5) review
alternative methods of regulation of engineers in other states and
what impact the regulations would have if adopted in California; (6)
identify the manner in which local and state agencies utilize
regulations and statutes to regulate engineering work; and (7)
recommend changes to existing laws regulating engineers after
considering how these changes may affect the health, safety, and
welfare of the public.
(c) The board shall reimburse the department for costs associated
with this comprehensive analysis. The department shall report its
findings and recommendations to the Legislature by September 1, 2002.
SEC. 12. Section 6706.3 of the Business and Professions Code is
amended to read:
6706.3. Any reference in any law or regulation to a registered
engineer, or to a registered civil, electrical, or mechanical
agricultural, chemical, civil, control sys
tem, electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineer, is
deemed to refer to a licensed engineer, or to a licensed
civil, electrical, or mechanical agricultural,
chemical, civil, control system, electrical, fire protection,
industrial, mechanical, metallurgical, nuclear, petroleum, or traffic
engineer, as the case may be.
SEC. 13. Section 6730 of the Business and Professions Code is
amended to read:
6730. In order to safeguard life, health, property and public
welfare, any person, either in a public or private capacity, except
as in this chapter specifically excepted, who practices, or offers to
practice, civil engineering, electrical engineering or
mechanical agricultural engineering, chemical
engineering, civil engineering, control system engineering,
electrical engineering, fire protection engineering, industrial
engineering, mechanical engineering, metallurgical engineering,
nuclear engineering, petroleum engineering, or traffic
engineering, in any of its branches in this state, including any
person employed by the State of California, or any city, county, or
city and county, who practices engineering, shall submit evidence
that he or she is qualified to practice, and shall be licensed
accordingly as a civil engineer, electrical engineer or
mechanical an agricultural engineer, chemical
engineer, civil engineer, control system engineer, electrical
engineer, fire protection engineer, industrial engineer, mechanical
engineer, metallurgical engineer, nuclear engineer, petroleum
engineer, or traffic engineer by the board.
SEC. 14. Section 6730.6 is added to the Business and Professions
Code, to read:
6730.6. A professional engineer may practice engineering work
only in the field or fields in which he or she is by education or
experience competent and proficient.
SEC. 15. Section 6730.7 is added to the Business and Professions
Code, to read:
6730.7. (a) Subject to Section 6730.6, any engineer who holds a
valid license may practice without limitation or restriction in the
following practice areas: agricultural engineering, chemical
engineering, civil engineering, control system engineering,
electrical engineering, fire protection engineering, industrial
engineering, mechanical engineering, metallurgical engineering,
nuclear engineering, petroleum engineering, and traffic engineering.
(b) No local agency, including a city, county, city and county,
special district, or joint powers authority, may impose a requirement
that limits or restricts a licensed engineer's ability to practice
engineering in or before the local agency in any manner that
conflicts with the provisions of this chapter.
SEC. 16. Section 6731.7 is added to the Business and Professions
Code, to read:
6731.7. The definitions of civil, electrical, and mechanical
engineering, and the following definitions , may not be
construed as regulating any generally recognized profession other
than professional engineering, even when the duties and practices of
the generally recognized profession overlap the duties and practices
defined in this section:
(a) "Agricultural engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand and apply engineering principles to the
design, construction, and use of specialized equipment, machines,
structures, and materials relating to the agricultural industry, the
economy, food safety, and the environment. It requires knowledge of
the engineering sciences relating to, and the effect on food safety
and the environment from, the following: physical and biological
properties of, and processing of, foods and fibers; atmospheric
phenomena as they are related to agricultural operations; drainage
and farm water discharge; soil dynamics as related to traction,
tillage, and plant-soil-water relationships; human factors relative
to safe design and use of agricultural machines; and the safe and
proper application and use of agricultural chemicals.
A person practices agricultural engineering when he or she
professes to be an agricultural engineer or is in responsible charge
of agricultural engineering work.
(b) "Chemical engineering" is that branch of professional
engineering that embraces studies or activities relating to the
development and application of processes in which chemical or
physical changes of materials are involved. These processes are
usually resolved into a coordinated series of unit physical
operations and unit chemical processes. It is concerned with the
research, design, production, operational, organizational, and
economic aspects of the above.
A person practices chemical engineering when he or she professes
to be a chemical engineer or is in responsible charge of chemical
engineering work.
(c) "Control system engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the science of instrumentation and automatic
control of dynamic processes, and requires the ability to apply this
knowledge to the planning, development, operation, and evaluation of
systems of control so as to ensure the safety and practical
operability of those processes.
A person practices control system engineering when he or she
professes to be a control system engineer or is in responsible charge
of control system engineering work.
(d) "Fire protection engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the engineering principles relating to the
safeguarding of life and property from fire, fire-related hazards
, and explosions. It requires the ability to apply this
knowledge to the identification, evaluation, correction, or
prevention of present or potential fire, fire-related explosion
hazards, and any resultant panic therefrom, in buildings, groups of
buildings, or communities. It includes the arrangement and use of
appropriate safeguards, and executing the engineering design for
fire-resistant building materials and fire detection and alarm, smoke
control, egress and fire-suppression systems, fire-suppression water
supply, and other devices and apparatus in order to protect life and
property.
A person practices fire protection engineering when he or she
professes to be a fire protection engineer or is in responsible
charge of fire protection engineering work.
(e) "Industrial engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to investigate, design, and evaluate systems of persons,
materials, and facilities for the purpose of economical and efficient
production, use, and distribution. It requires the application of
specialized engineering knowledge of the mathematical and physical
sciences, together with the principles and methods of engineering
analysis and design to specify, predict, and evaluate the results to
be obtained from those systems.
A person practices industrial engineering when he or she professes
to be an industrial engineer or is in responsible charge of
industrial engineering work.
(f) "Metallurgical engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to seek, understand, and apply the principles of the
properties and behavior of metals in solving engineering problems
dealing with the research, development, and application of metals and
alloys, and the manufacturing practices of extracting, refining, and
processing of metals.
A person practices metallurgical engineering when he or she
professes to be a metallurgical engineer or is in responsible charge
of metallurgical engineering work.
(g) "Nuclear engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to apply the principles of nuclear physics to the
engineering utilization of nuclear phenomena for the benefit of
mankind, and that is also concerned with the protection of the public
from the potential hazards of radiation and radioactive materials.
Nuclear engineering is primarily concerned with the interaction of
radiation and nuclear particles with matter. Nuclear engineering
requires the application of specialized knowledge of the mathematical
and physical sciences, together with the principles and methods of
engineering design and nuclear analysis to specify, predict, and
evaluate the behavior of systems involving nuclear reactions, and to
ensure the safe, efficient operation of these systems, and their
nuclear products and byproducts. Nuclear engineering encompasses, but
is not limited to, the planning and design of the specialized
equipment and process systems of nuclear reactor facilities, and the
protection of the public from any hazardous radiation produced in the
entire nuclear reaction process. These activities include all
aspects of the manufacture, transportation, and use of radioactive
materials.
A person practices nuclear engineering when he or she professes to
be a nuclear engineer or is in responsible charge of nuclear
engineering work.
(h) "Petroleum engineering" is that branch of professional
engineering that embraces studies or activities relating to the
exploration, exploitation, location, and recovery of natural fluid
hydrocarbons. It is concerned with research, design, production, and
operation of devices and the economic aspects of the above.
A person practices petroleum engineering when he or she professes
to be a petroleum engineer or is in responsible charge of petroleum
engineering work.
(i) "Traffic engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the science of measuring traffic and travel
and the human factors relating to traffic generation and flow, and
requires the ability to apply this knowledge to planning, operation,
design, and evaluation of streets and highways and their networks,
abutting lands, and interrelationships with other modes of travel,
and to provide safe and efficient movement of people and goods.
A person practices traffic engineering when he or she professes to
be a traffic engineer or is in responsible charge of traffic
engineering work.
(j) As it applies to the engineering branch disciplines in this
section, all engineering plans, specifications, calculations, and
reports (hereafter documents) prepared by, or under the responsible
charge of, a licensed engineer in the appropriate engineering branch
shall include his or her name and license number. Interim documents
shall include a notation as to the intended purpose of the document,
such as "preliminary," "not for construction," "for plan check only,"
or "for review only." All engineering plans and specifications that
are permitted or that are to be released for construction shall bear
the signature and seal or stamp of the licensee, the date of signing
and sealing or stamping, and the expiration date of the license. All
final engineering calculations and documents shall bear the signature
and seal or stamp of the licensee, the date of signing and sealing
or stamping, and the expiration date of the license. If engineering
plans are required to be signed and sealed or stamped and have
multiple sheets, the signature, seal or stamp, date of signing and
sealing or stamping, and expiration date of the license shall appear
on each sheet of the plans. If engineering specifications,
calculations, and documents are required to be signed and sealed or
stamped and have multiple pages, the signature, seal or stamp, date
of signing and sealing or stamping, and expiration date of the
license shall appear, at a minimum, on the title sheet, cover sheet,
or signature sheet.
(k) Notwithstanding subdivision (j), a licensed engineer who signs
engineering documents shall not be responsible for damage caused by
subsequent changes to or uses of those documents, if the subsequent
changes or uses, including changes or uses made by state or local
governmental agencies, are not authorized or approved by the licensed
engineer who originally signed the documents, provided that the
engineering service rendered by the licensed engineer who signed the
documents was not also a proximate cause of the damage.
SEC. 17. Section 6737.3 of the Business and Professions Code is
amended to read:
6737.3. (a) A contractor licensed under
Chapter 9 (commencing with Section 7000) of Division 3 is exempt from
the provisions of this chapter relating to the practice of
control system, electrical , fire protection, or
mechanical engineering so long as the services he or she holds
himself or herself out as able to perform or does perform, which
services are subject to the provisions of this chapter, are performed
by, or under the responsible charge of a registered control
system, electrical , fire protection, or mechanical
engineer insofar as the control system, electrical ,
fire protection, or mechanical engineer practices the branch of
engineering for which he or she is registered
licensed .
This
(b) This section shall not
prohibit a licensed contractor, while engaged in the business of
contracting for the installation of control system,
electrical , fire protection, or mechanical systems or
facilities, from designing those systems or facilities in accordance
with applicable construction codes and standards for work to be
performed and supervised by that contractor within the classification
for which his or her license is issued, or from preparing
control system, electrical , fire protection, or
mechanical shop or field drawings for work which he or she has
contracted to perform. Nothing in this section is intended to imply
that a licensed contractor may design work which
that is to be installed by another person.
SEC. 18. Section 6738 of the Business and Professions Code, as
amended by Section 1 of Chapter 634 of the Statutes of 2010, is
amended to read:
6738. (a) As used in this section, "professional engineering
services" means agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metallurgical,
nuclear, petroleum, or traffic engineering services.
This
(b) This chapter does not
prohibit one or more civil, electrical, or mechanical
agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metallurgical,
nuclear, petroleum, or traffic engineers from practicing or
offering to practice, within the scope of their license,
civil (including geotechnical and structural), electrical, or
mechanical agricultural, chemical, civil, control
system, electrical, fire protection, industrial, mec
hanical, metallurgical, nuclear, petroleum, or traffic
engineering as a sole proprietorship, partnership, limited liability
partnership, firm, or corporation (hereinafter
(hereafter called business), if as
long as all of the following requirements are met:
(1) A civil, electrical, or mechanical An
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineer currently licensed in
this state is an owner, partner, part owner,
or officer in charge of the engineering practice of the
business.
(2) All civil, electrical, or mechanical
professional engineering services are performed by, or under
the responsible charge of, a professional
licensed engineer licensed in the
appropriate branch of professional engineering.
(3) If the The business
name of a California engineering business contains
only the name of any person, then that person
shall be licensed as a professional engineer a person
who is licensed by the board in a branch of professional engineering
, a licensed land surveyor, a licensed architect, or a
geologist registered under the Geologist and Geophysicist Act
(Chapter 12.5 (commencing with Section 7800)). Any offer, promotion,
or advertisement by the business that contains the name of any
individual in the business, other than by use of the name of an
individual in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(b)
(c) An out-of-state business with a branch office in
this state shall meet the requirements of subdivision (a)
(b) and shall have an owner, partner,
part owner, or officer who is in charge of the
engineering work in the branch in this state, who is licensed in this
state, and who is physically present at the branch office in this
state on a regular basis. However, the name of the business may
contain the name of any person not licensed in this state if that
person is appropriately registered or licensed in another state. Any
offer, promotion, or advertisement that contains the name of any
individual in the business, other than by use of the names of the
individuals in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named(c).
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of
(d) A fictitious name may be used if both of the following apply:
(1) The name does not conflict with
paragraph (3) of subdivision (a) shall be met
(b) , requiring that names used in the
business shall be appropriately licensed or registered individuals.
(2) An organization record form is
filed with the board .
(d)
(e) A person not licensed under this chapter may also
be a partner part owner or an officer of
a civil, electrical, or mechanical an
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineering business if the requirements
of subdivision (a) (b) are met. Nothing
in this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical an agricultural, chemical,
civil, control system, electrical, fire protection, industrial,
mechanical, metallurgical , nuclear, petroleum, or traffic
engineering business, unless otherwise exempt under this
chapter.
(e)
(f) This chapter does not prevent an individual or
business engaged in any line of endeavor other than the practice of
civil, electrical or mechanical agricultural,
chemical, civil, control system, electrical, fire protection,
industrial, mechanical, metallurgical, nuclear, petroleum,
or traffic , engineering from employing or contracting with a
licensed agricultural, chemical, civil, coastal
system, electrical, or fire protection,
industrial, mechanical , metallurgical, nuclear,
petroleum, or traffic engineer to perform the respective
engineering services incidental to the conduct of business.
(f)
(g) This section shall not prevent the use of the name
of any business engaged in rendering civil, electrical, or
mechanical professional engineering services,
including the use by any lawful successor or survivor, that lawfully
was in existence on December 31, 1987. However, the business is
subject to paragraphs (1) and (2) of subdivision (a)
(b), and the business shall file an organizational
record form with the board as designated by board rule .
(g)
(h) A business engaged in rendering civil,
electrical, or mechanical professional
engineering services may use in its name the name of a deceased or
retired person provided all of the following conditions are
satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner
part owner , or officer of the business, or an
owner, partner part owner , or officer
of the predecessor in interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a) (b) .
(6) The business files a current organization record form with the
board.
(h)
(i) This section does not affect the provisions of
Sections 6731.2 and 8726.1.
(i) A current organization record form shall be filed with the
board for all
(j) All businesses engaged in
rendering civil, electrical, or mechanical
professional engineering services shall file a current
organization record form with the board .
(j)
(k) This section shall remain in effect only until
January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or
extends that date.
SEC. 19. Section 6738 of the Business and Professions Code, as
added by Section 2 of Chapter 634 of the Statutes of 2010, is amended
to read:
6738. (a) As used in this section, "professional engineering
services" means agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metallurgical,
nuclear, petroleum, or traffic engineering services.
This
(b) This chapter does not
prohibit one or more civil, electrical, or mechanical
agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metallurgical,
nuclear, petroleum, or traffic engineers from
practicing or offering to practice within the scope of their license
civil (including geotechnical and structural), electrical, or
mechanical engineering as a sole proprietorship, partnership, firm,
or corporation (hereinafter (hereafter
called business), if as long as all of
the following requirements are met:
(1) A civil, electrical, or mechanical An
agricultural, chemical, civil, control system, electrical,
fire protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineer currently licensed in
this state is an owner, partner part owner
, or officer in charge of the engineering practice of the
business.
(2) All civil, electrical, or mechanical
professional engineering services are performed by, or under
the responsible charge of, a professional
licensed engineer licensed in the
appropriate branch of professional engineering.
(3) If the The business name of a
California engineering business contains only
the name of any person, then that person shall be
licensed as a professional engineer, a person who is
licensed by the board in a branch of professional engineering,
a licensed land surveyor, a licensed architect, or a geologist
registered under the Geologist and Geophysicist Act (Chapter 12.5
(commencing with Section 7800)). Any offer, promotion, or
advertisement by the business that contains the name of any
individual in the business, other than by use of the name of an
individual in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(b)
(c) An out-of-state business with a branch office in
this state shall meet the requirements of subdivision (a)
(b) and shall have an owner, partner
part owner , or officer who is in charge of the
engineering work in the branch in this state, who is licensed in this
state, and who is physically present at the branch office in this
state on a regular basis. However, the name of the business may
contain the name of any person not licensed in this state if that
person is appropriately registered or licensed in another state. Any
offer, promotion, or advertisement that contains the name of any
individual in the business, other than by use of the names of the
individuals in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of
(d) A fictitious name may be used if both of the following apply:
(1) The name does not conflict with
paragraph (3) of subdivision (a) shall be met
(b), requiring t hat names used in the
business shall be appropriately licensed or registered individuals.
(2) An organization record form is
filed with the board .
(d)
(e) A person not licensed under this chapter may also
be a partner part owner or an officer
of a civil, electrical, or mechanical an
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineering business if the requirements
of subdivision (a) (b) are met. Nothing
in this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical an agricultural, chemical,
civil, control system, electrical, fire protection, industrial,
mechanical, metallurgical, nuclear, petroleum, or traffic
engineering business, unless otherwise exempt under this chapter.
(e)
(f) This chapter does not prevent an individual or
business engaged in any line of endeavor other than the practice of
civil, electrical, or mechanical
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineering from employing or contracting
with a licensed civil, electrical, or mechanical
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineer to perform the respective
engineering services incidental to the conduct of business.
(f)
(g) This section shall not prevent the use of the name
of any business engaged in rendering civil, electrical, or
mechanical professional engineering services,
including the use by any lawful successor or survivor, that lawfully
was in existence on December 31, 1987. However, the business is
subject to paragraphs (1) and (2) of subdivision (a)
(b), and the business shall file an organization
record form with the board as designated by board rule .
(g)
(h) A business engaged in rendering civil,
electrical, or mechanical professional
engineering services may use in its name the name of a deceased or
retired person provided all of the following conditions are
satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner
part owner , or officer of the business, or an
owner, partner part owner , or officer
of the predecessor in interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a) (b) .
(h)
(i) This section does not affect the provisions of
Sections 6731.2 and 8726.1.
(i)
(j) A current organization record form shall be filed
with the board for all businesses engaged in rendering civil,
electrical, or mechanical engineering services.
(j)
(k) This section shall become operative on January 1,
2016.
SEC. 20. Section 6740 of the Business and Professions Code is
amended to read:
6740. A subordinate to a civil, electrical or mechanical
an agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metall
urgical, nuclear, petroleum, or traffic engineer licensed
under this chapter, or a subordinate to a civil, electrical
or mechanical an agricultural, chemical, civil,
control system, electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineer exempted
from licensure under this chapter, insofar as he or she acts solely
in that capacity, is exempt from licensure under the provisions of
this chapter. This exemption, however, does not permit any
such the subordinate to practice civil,
electrical or mechanical agricultural, chemical,
civil, control system, electrical, fire protection, industrial,
mechanical, metallurgical, nuclear, petroleum, or traffic
engineering in his or her own right or to use the titles listed in
Sections 6732, 6736, and 6736.1.
SEC. 21. Section 6741 of the Business and Professions Code is
amended to read:
6741. Any person, firm, partnership, or corporation is exempt
from registration licensure under the
provisions of this chapter who meets all the following:
(a) Is a nonresident of the State of California.
(b) Is legally qualified in another state to practice as
a civil, electrical, or mechanical an agricultural,
chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineer.
(c) Does not maintain a regular place of business in this state.
(d) Offers to but does not practice civil, electrical, or
mechanical agricultural, chemical, civil, control
system, electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineering in
this state.
SEC. 22. Section 6787 of the Business and Professions Code is
amended to read:
6787. Every person is guilty of a misdemeanor:
(a) Who, unless he or she is exempt from licensure under this
chapter, practices or offers to practice civil, electrical,
or mechanical agricultural, chemical, civil, control
system, electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineering in
this state according to the provisions of this chapter without legal
authorization.
(b) Who presents or attempts to file as his or her own the
certificate of licensure of a licensed professional engineer unless
he or she is the person named on the certificate of licensure.
(c) Who gives false evidence of any kind to the board, or to any
member thereof, in obtaining a certificate of licensure.
(d) Who impersonates or uses the seal of a licensed professional
engineer.
(e) Who uses an expired, suspended, surrendered, or revoked
certificate issued by the board.
(f) Who represents himself or herself as, or uses the title of, a
licensed or registered civil, electrical, or mechanical
agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical,
metallurgical, nuclear, petroleum, or traffic engineer, or any
other title whereby that person could be considered as practicing or
offering to practice civil, electrical, or mechanical
agricultural, chemical, civil, control system,
electrical, fire protection, industrial, mechanical, metallurgical,
nuclear, petroleum, or traffic engineering in any of its
branches, unless he or she is correspondingly qualified by licensure
as a civil, electrical, or mechanical an
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineer under this chapter.
(g) Who, unless appropriately licensed, manages, or conducts as
manager, proprietor, or agent, any place of business from which
civil, electrical, or mechanical
agricultural, chemical, civil, control system, electrical, fire
protection, industrial, mechanical, metallurgical, nuclear,
petroleum, or traffic engineering work is solicited, performed,
or practiced, except as authorized pursuant to subdivision (d) of
Section 6738 and Section 8726.1.
(h) Who uses the title, or any combination of that title, of
"professional engineer," "licensed engineer," "registered engineer,"
or the branch titles specified in Section 6732, or the authority
titles specified in Sections 6736 and 6736.1, or
"engineer-in-training," or who makes use of any abbreviation of that
title that might lead to the belief that he or she is a licensed
engineer, is authorized to use the titles specified in Section 6736
or 6736.1, or holds a certificate as an engineer-in-training, without
being licensed, authorized, or certified as required by this
chapter.
(i) Who uses the title "consulting engineer" without being
licensed as required by this chapter or without being authorized to
use that title pursuant to legislation enacted at the 1963,
1965 1965, or 1968 Regular Session.
(j) Who violates any provision of this chapter.
SEC. 23. 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.
SEC. 24. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make necessary changes to the regulatory and licensing
provisions relating to engineers, thereby enabling engineers to
address urgent public health and safety concerns relative to food
safety, environmental protection, and green technology at the
earliest possible time, it is necessary that this act take effect
immediately.