Amended in Assembly April 23, 2015

Amended in Assembly March 3, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 177


Introduced by Assembly Member Bonilla

(Coauthor: Senator Hill)

January 26, 2015


An act to amend Sectionsbegin insert 205, 207,end insert 5510, 5517, 5620, 5621, 5622, 6710,begin delete and 6714 ofend deletebegin insert 6714, 6749, 6797, 7839.2, 7841, 7841.1, 7841.2, 8710, 8759, and 8800 of, to add Sections 6775.2, 7860.2, and 8780.2 to, to repeal Section 7885 of, and to repeal and add Section 7886 of,end insert the Business and Professions Code, relating to professions andbegin delete vocations.end deletebegin insert vocations, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 177, as amended, Bonilla. Professions and vocations: licensing boards: authority: extension.

begin delete

The

end delete

begin insert(1)end insertbegin insertend insertbegin insertTheend insert Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members, in the Department of Consumer Affairs. The act requires the board to appoint an executive officer, as specified.begin delete Existingend deletebegin insert Under existing law, these provisions are reported on January 1, 2016.end insert

begin insert

This bill would extend the operation of these provisions until January 1, 2020. The bill would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder. The bill would also make technical amendments to the act.

end insert

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in thebegin delete department.end deletebegin insert Department of Consumer of Affairs.end insert Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architect’s license.Under existing law, these provisions are repealed on January 1, 2016.

This bill would extend the operation of these provisions until January 1, 2020.

begin insert

(3) The Professional Land Surveyors’ Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act. Under existing law, these provisions are repealed on January 1, 2016.

end insert
begin insert

This bill would extend the operation of these provisions until January 1, 2020. The bill would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.

end insert
begin insert

(4) The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in specialties in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others that the applicant successfully pass the Fundamentals of Geology examination.

end insert
begin insert

This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allows an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline, as specified. The bill would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.

end insert
begin insert

(5) Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineer’s and Land Surveyor’s Fund and the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund. Under existing law the moneys in the Geology and Geophysics Account are appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineers’s and Land Surveyor’s Fund are appropriated for the purposes of the Professional Engineers and the Professional Land Surveyor’s Act, and the moneys in those funds are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.

end insert
begin insert

This bill would merge the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund into the fund, which would be renamed the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund, and would require that the fees and civil penalties received under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act be deposited into that fund. The bill would specify that the fees in the fund are continuously appropriated, as specified.

end insert

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 205 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

P4    1

205.  

(a) There is in the State Treasury the Professions and
2Vocations Fund. The fund shall consist of the following special
3funds:

4(1) Accountancy Fund.

5(2) California Architects Board Fund.

6(3) Athletic Commission Fund.

7(4) Barbering and Cosmetology Contingent Fund.

8(5) Cemetery Fund.

9(6) Contractors’ License Fund.

10(7) State Dentistry Fund.

11(8) State Funeral Directors and Embalmers Fund.

12(9) Guide Dogs for the Blind Fund.

13(10) Home Furnishings and Thermal Insulation Fund.

14(11) California Architects Board-Landscape Architects Fund.

15(12) Contingent Fund of the Medical Board of California.

16(13) Optometry Fund.

17(14) Pharmacy Board Contingent Fund.

18(15) Physical Therapy Fund.

19(16) Private Investigator Fund.

20(17) Professionalbegin delete Engineer’s andend deletebegin insert Engineer’s,end insert Landbegin delete Surveyor’send delete
21begin insert Surveyor’s, and Geologistend insertbegin insert’send insert Fund.

22(18) Consumer Affairs Fund.

23(19) Behavioral Sciences Fund.

24(20) Licensed Midwifery Fund.

25(21) Court Reporters’ Fund.

26(22) Veterinary Medical Board Contingent Fund.

27(23) Vocational Nurses Account of the Vocational Nursing and
28Psychiatric Technicians Fund.

29(24) Electronic and Appliance Repair Fund.

begin delete

30(25) Geology and Geophysics Account of the Professional
31Engineer’s and Land Surveyor’s Fund.

end delete
begin delete

32(26)

end delete

33begin insert(2end insertbegin insert5)end insert Dispensing Opticians Fund.

begin delete

34(27)

end delete

35begin insert(26)end insert Acupuncture Fund.

begin delete

36(28)

end delete

37begin insert(2end insertbegin insert7)end insert Physician Assistant Fund.

begin delete

38(29)

end delete

39begin insert(28)end insert Board of Podiatric Medicine Fund.

begin delete

40(30)

end delete

P5    1begin insert(29)end insert Psychology Fund.

begin delete

2(31)

end delete

3begin insert(3end insertbegin insert0)end insert Respiratory Care Fund.

begin delete

4(32)

end delete

5begin insert(31)end insert Speech-Language Pathology and Audiology and Hearing
6Aid Dispensers Fund.

begin delete

7(33)

end delete

8begin insert(3end insertbegin insert2)end insert Board of Registered Nursing Fund.

begin delete

9(34)

end delete

10begin insert(3end insertbegin insert3)end insert Psychiatric Technician Examiners Account of the
11Vocational Nursing and Psychiatric Technicians Fund.

begin delete

12(35)

end delete

13begin insert(3end insertbegin insert4)end insert Animal Health Technician Examining Committee Fund.

begin delete

14(36)

end delete

15begin insert(3end insertbegin insert5)end insert State Dental Hygiene Fund.

begin delete

16(37)

end delete

17begin insert(3end insertbegin insert6)end insert State Dental Assistant Fund.

begin delete

18(38)

end delete

19begin insert(3end insertbegin insert7)end insert Structural Pest Control Fund.

begin delete

20(39)

end delete

21begin insert(3end insertbegin insert8)end insert Structural Pest Control Eradication and Enforcement Fund.

begin delete

22(40)

end delete

23begin insert(39)end insert Structural Pest Control Research Fund.

24(b) For accounting and recordkeeping purposes, the Professions
25and Vocations Fund shall be deemed to be a single special fund,
26and each of the several special funds therein shall constitute and
27be deemed to be a separate account in the Professions and
28Vocations Fund. Each account or fund shall be available for
29expenditure only for the purposes as are now or may hereafter be
30provided by law.

31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 207 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
32amended to read:end insert

33

207.  

(a) Notwithstanding any other provision of law, the money
34in any fund described in Section 205 that is attributable to
35administrative fines, civil penalties, and criminal penalties imposed
36by a regulating entity, or cost recovery by a regulating entity from
37enforcement actions and case settlements, shall not be continuously
38appropriated. The money in each fund that is not continuously
39appropriated shall be available for expenditure as provided in this
40code only upon appropriation by the Legislature.

P6    1(b) Notwithstanding any other provision of law, the annual
2Budget Act may appropriate, in a single budget item for each
3individual fund described in paragraphs (1) tobegin delete (40),end deletebegin insert (39),end insert inclusive,
4of subdivision (a) of Section 205, the entire amount available for
5expenditure in the budget year for that fund. That appropriation
6may include funds that are continuously appropriated and funds
7that are not continuously appropriated.

8

begin deleteSECTION 1.end delete
9begin insertSEC. 3.end insert  

Section 5510 of the Business and Professions Code is
10amended to read:

11

5510.  

There is in the Department of Consumer Affairs a
12California Architects Board which consists of 10 members.

13Any reference in law to the California Board of Architectural
14Examiners shall mean the California Architects Board.

15This section shall remain in effect only until January 1, 2020,
16and as of that date is repealed. Notwithstanding any other law, the
17repeal of this section renders the board subject to review by the
18appropriate policy committees of the Legislature.

19

begin deleteSEC. 2.end delete
20begin insertSEC. 4.end insert  

Section 5517 of the Business and Professions Code is
21amended to read:

22

5517.  

The board may appoint a person exempt from civil
23service who shall be designated as an executive officer and who
24shall exercise the powers and perform the duties delegated by the
25board and vested in him or her by this chapter.

26This section shall remain in effect only until January 1, 2020,
27and as of that date is repealed.

28

begin deleteSEC. 3.end delete
29begin insertSEC. 5.end insert  

Section 5620 of the Business and Professions Code is
30amended to read:

31

5620.  

The duties, powers, purposes, responsibilities, and
32jurisdiction of the California State Board of Landscape Architects
33that were succeeded to and vested with the Department of
34Consumer Affairs in accordance with Chapter 908 of the Statutes
35of 1994 are hereby transferred to the California Architects Board.
36The Legislature finds that the purpose for the transfer of power is
37to promote and enhance the efficiency of state government and
38that assumption of the powers and duties by the California
39Architects Board shall not be viewed or construed as a precedent
40for the establishment of state regulation over a profession or
P7    1vocation that was not previously regulated by a board, as defined
2in Section 477.

3(a) There is in the Department of Consumer Affairs a California
4Architects Board as defined in Article 2 (commencing with Section
55510) of Chapter 3.

6Whenever in this chapter “board” is used, it refers to the
7California Architects Board.

8(b) Except as provided herein, the board may delegate its
9authority under this chapter to the Landscape Architects Technical
10Committee.

11(c) After review of proposed regulations, the board may direct
12the examining committee to notice and conduct hearings to adopt,
13amend, or repeal regulations pursuant to Section 5630, provided
14that the board itself shall take final action to adopt, amend, or
15repeal those regulations.

16(d) The board shall not delegate its authority to discipline a
17landscape architect or to take action against a person who has
18violated this chapter.

19(e) This section shall remain in effect only until January 1, 2020,
20and as of that date is repealed.

21

begin deleteSEC. 4.end delete
22begin insertSEC. 6.end insert  

Section 5621 of the Business and Professions Code is
23amended to read:

24

5621.  

(a) There is hereby created within the jurisdiction of the
25board, a Landscape Architects Technical Committee, hereinafter
26referred to in this chapter as the landscape architects committee.

27(b) The landscape architects committee shall consist of five
28members who shall be licensed to practice landscape architecture
29in this state. The Governor shall appoint three of the members.
30The Senate Committee on Rules and the Speaker of the Assembly
31shall appoint one member each.

32(c) The initial members to be appointed by the Governor are as
33follows: one member for a term of one year; one member for a
34term of two years; and one member for a term of three years. The
35Senate Committee on Rules and the Speaker of the Assembly shall
36initially each appoint one member for a term of four years.
37Thereafter, appointments shall be made for four-year terms,
38expiring on June 1 of the fourth year and until the appointment
39and qualification of his or her successor or until one year shall
P8    1have elapsed, whichever first occurs. Vacancies shall be filled for
2the unexpired term.

3(d) No person shall serve as a member of the landscape
4architects committee for more than two consecutive terms.

5(e) This section shall remain in effect only until January 1, 2020,
6and as of that date is repealed.

7

begin deleteSEC. 5.end delete
8begin insertSEC. 7.end insert  

Section 5622 of the Business and Professions Code is
9amended to read:

10

5622.  

(a) The landscape architects committee may assist the
11board in the examination of candidates for a landscape architect’s
12license and, after investigation, evaluate and make
13recommendations regarding potential violations of this chapter.

14(b) The landscape architects committee may investigate, assist,
15and make recommendations to the board regarding the regulation
16of landscape architects in this state.

17(c) The landscape architects committee may perform duties and
18functions that have been delegated to it by the board pursuant to
19Section 5620.

20(d) The landscape architects committee may send a
21representative to all meetings of the full board to report on the
22committee’s activities.

23(e) This section shall remain in effect only until January 1, 2020,
24and as of that date is repealed.

25

begin deleteSEC. 6.end delete
26begin insertSEC. 8.end insert  

Section 6710 of the Business and Professions Code is
27amended to read:

28

6710.  

(a) There is in the Department of Consumer Affairs a
29Board for Professional Engineers, Land Surveyors, and Geologists,
30which consists of 15 members.

31(b) Any reference in any law or regulation to the Board of
32Registration for Professional Engineers and Land Surveyors, or
33the Board for Professional Engineers and Land Surveyors, is
34deemed to refer to the Board for Professional Engineers, Land
35Surveyors, and Geologists.

36(c) This section shall remain in effect only until January 1, 2020,
37and as of that date is repealed. Notwithstanding any other law, the
38 repeal of this section renders the board subject to review by the
39 appropriate policy committees of the Legislature.

P9    1

begin deleteSEC. 7.end delete
2begin insertSEC. 9.end insert  

Section 6714 of the Business and Professions Code is
3amended to read:

4

6714.  

The board shall appoint an executive officer at a salary
5to be fixed and determined by the board with the approval of the
6Director of Finance.

7This section shall remain in effect only until January 1, 2020,
8and as of that date is repealed.

9begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 6749 of the end insertbegin insertBusiness and Professions Codeend insert
10begin insert is amended to read:end insert

11

6749.  

(a) A professional engineer shall use a written contract
12when contracting to provide professional engineering services to
13a client pursuant to this chapter. The written contract shall be
14executed by the professional engineer and thebegin delete client,end deletebegin insert clientend insert orbegin delete his
15or her representative,end delete
begin insert the client’s representativeend insert prior to the
16professional engineer commencing work, unless the client
17knowingly states in writing that work may be commenced before
18the contract is executed. The written contract shall include, but
19not be limited to, all of the following:

20(1) A description of the services to be provided to the client by
21the professional engineer.

22(2) A description of any basis of compensation applicable to
23the contract, and the method of payment agreed upon by the parties.

24(3) The name, address, and license or certificate number of the
25professional engineer, and the name and address of the client.

26(4) A description of the procedure that the professional engineer
27and the client will use to accommodate additional services.

28(5) A description of the procedure to be used bybegin delete any partyend deletebegin insert both
29partiesend insert
to terminate the contract.

30(b) This section shall not apply to any of the following:

31(1) Professional engineering services rendered by a professional
32engineer for which the client will not pay compensation.

33(2) A professional engineer who has a current or prior
34contractual relationship with the client to provide engineering
35services, and that client has paid the professional engineer all of
36the fees that are due under the contract.

37(3) If the client knowingly states in writing after full disclosure
38of this section that a contract which complies with the requirements
39of this section is not required.

P10   1(4) Professional engineering services rendered by a professional
2engineer to any of the following:

3(A) A professional engineer licensed or registered under this
4chapter.

5(B) A land surveyor licensed under Chapter 15 (commencing
6with Section 8700).

7(C) An architect licensed under Chapter 3 (commencing with
8Section 5500).

9(D) A contractor licensed under Chapter 9 (commencing with
10Section 7000).

11(E) A geologist or a geophysicist licensed under Chapter 12.5
12(commencing with Section 7800).

13(F) A manufacturing, mining, public utility, research and
14development, or other industrial corporation, if the services are
15provided in connection with or incidental to the products, systems,
16or services of that corporation or its affiliates.

17(G) A public agency.

18(c) “Written contract” as used in this section includes a contract
19that is in electronic form.

20begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 6775.2 is added to the end insertbegin insertBusiness and
21Professions Code
end insert
begin insert, to read:end insert

begin insert
22

begin insert6775.2.end insert  

The failure of, or refusal by, a licensee or a certificate
23holder to respond to a written request from a representative of the
24board to cooperate in the investigation of a complaint against that
25licensee or certificate holder constitutes a cause for disciplinary
26action under Section 6775 or 6775.1.

end insert
27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 6797 of the end insertbegin insertBusiness and Professions Codeend insert
28begin insert is amended to read:end insert

29

6797.  

begin insert(a)end insertbegin insertend insert The department shall receive and account for all
30money derived from the operation of this chapter and, at the end
31of each month, shall report such money to the State Controller and
32shall pay it to the State Treasurer, who shall keep the money in a
33separate fund known as the Professionalbegin delete Engineer’s andend deletebegin insert Engineer’s,end insert
34 Landbegin delete Surveyor’send deletebegin insert Surveyor’s, and Geologistend insertbegin insert’send insert Fund.

begin delete

35 For

end delete

36begin insert(b)end insertbegin insertend insertbegin insertForend insert accounting and recordkeeping purposes, the Professional
37begin delete Engineer’s andend deletebegin insert Engineer’s,end insert Landbegin delete Surveyor’send deletebegin insert Surveyor’s, and
38Geologist’send insert
Fund shall be deemed to be a single special fund, and
39shall be available for expenditure only for the purposes as are now
40or may hereafter be provided by law.

begin delete

P11   1 The

end delete

2begin insert(c)end insertbegin insertend insertbegin insertTheend insert fees and civil penalties received under this chapter shall
3be deposited in the Professionalbegin delete Engineer’s andend deletebegin insert Engineer’s,end insert Land
4begin delete Surveyor’send deletebegin insert Surveyor’s, and Geologist’send insert Fund. All moneys in the
5fund are hereby appropriated for the purposes of this chapter.

6begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 7839.2 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

7839.2.  

(a) Abegin insert professionalend insert geologist orbegin insert professionalend insert
9 geophysicist shall use a written contract when contracting to
10provide geological or geophysical services to a client pursuant to
11this chapter. The written contract shall be executed by the
12begin insert professionalend insert geologist orbegin insert professionalend insert geophysicist and the client
13or the client’s representative prior to thebegin insert professionalend insert geologist or
14begin insert professionalend insert geophysicist commencing work, unless the client
15states in writing that work may be commenced before the contract
16is executed. The written contract shall include, but is not limited
17to, all of the following:

18(1) A description of the services to be provided to the client by
19thebegin insert professionalend insert geologist orbegin insert professionalend insert geophysicist.

20(2) A description of any basis of compensation applicable to
21the contract, and the method of payment agreed upon by the parties.

22(3) The name, address, and license or certificate number of the
23begin insert professionalend insert geologist orbegin insert professionalend insert geophysicist, and the name
24and address of the client.

25(4) A description of the procedure that thebegin insert professionalend insert geologist
26orbegin insert professionalend insert geophysicist and the client will use to accommodate
27additional services.

28(5) A description of the procedure to be used bybegin delete any partyend deletebegin insert both
29partiesend insert
to terminate the contract.

30(b) Subdivision (a) shall not apply to any of the following:

31(1) Geologic or geophysical services rendered by abegin insert professionalend insert
32 geologist orbegin insert professionalend insert geophysicist for which the client will not
33pay compensation.

34(2) A geologist or geophysicist who has a current or prior
35contractual relationship with the client to provide geologic or
36geophysical services, and who has already been paid the fees that
37are due under the contract by the client.

38(3) If the client executes a waiver in writing after full disclosure
39of this section that a contract that complies with the requirements
40of this section is not required.

P12   1(4) Geological or geophysical services rendered by a geologist
2or geophysicist to any of the following:

3(A) A geologist or geophysicist licensed under this chapter.

4(B) An engineer licensed under Chapter 7 (commencing with
5Section 6700).

6(C) A land surveyor licensed under Chapter 15 (commencing
7with Section 8700).

8(D) An architect licensed under Chapter 3 (commencing with
9Section 5500).

10(E) A contractor licensed under Chapter 9 (commencing with
11Section 7000).

12(F) A public agency.

13(c) As used in this section, “written contract” includes a contract
14in electronic form.

15begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 7841 of the end insertbegin insertBusiness and Professions Codeend insert
16begin insert is amended to read:end insert

17

7841.  

An applicant forbegin delete registrationend deletebegin insert licensureend insert as a geologist
18shall have all the following qualifications:

19(a) Not have committed any acts or crimes constituting grounds
20for denial of licensure under Section 480.

21(b) Graduationbegin insert from a college or universityend insert with a major in
22geological sciencesbegin delete from college or university.end deletebegin insert or any other
23discipline that, in the opinion of the board, is relevant to geology.end insert

24(c) Have a documented record of a minimum of five years of
25professional geological experience of a character satisfactory to
26the board, demonstrating that the applicant is qualified to assume
27responsible charge of this work upon licensure as a geologist. This
28experience shall be gained under the supervision of a geologist or
29geophysicist licensed in this or any other state, or under the
30supervision of others who, in the opinion of the board, have the
31training and experience to have responsible charge of geological
32work. Professional geological work does not include routine
33sampling, laboratory work, or geological drafting.

34Each year of undergraduate study in the geological sciences shall
35count as one-half year of training up to a maximum of two years,
36and each year of graduate study or research counts as a year of
37training.

38Teaching in the geological sciences at college level shall be
39credited year for year toward meeting the requirement in this
40category, provided that the total teaching experience includes six
P13   1semester units per semester, or equivalent if on the quarter system,
2of upper division or graduate courses.

3Credit for undergraduate study, graduate study, and teaching,
4individually, or in any combination thereof, shall in no case exceed
5a total of three years towards meeting the requirement for at least
6five years of professional geological work as set forth above.

7The ability of the applicant shall have been demonstrated by the
8applicant having performed the work in a responsible position, as
9the term “responsible position” is defined in regulations adopted
10by the board. The adequacy of the required supervision and
11experience shall be determined by the board in accordance with
12standards set forth in regulations adopted by it.

13(d) Successfully pass a written examination that incorporates a
14national examination for geologists created by a nationally
15recognized entity approved by the board, and a supplemental
16California specific examination. The California specific
17examination shall test the applicant’s knowledge of state laws,
18rules and regulations, and of seismicity and geology unique to
19practice within this state.

20begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 7841.1 of the end insertbegin insertBusiness and Professions Codeend insert
21begin insert is amended to read:end insert

22

7841.1.  

An applicant forbegin delete registrationend deletebegin insert licensureend insert as a geophysicist
23shall have all of the following qualifications. This section shall
24not apply to applicants forbegin delete registrationend deletebegin insert licensureend insert as geologists.

25(a) Not have committed any acts or crimes constituting grounds
26for denial of licensure under Section 480.

27(b) Meet one of the following educational requirements fulfilled
28at a school or university whose curricula meet criteria established
29by rules of the board.

30(1) Graduation with a major in a geophysical science or any
31other disciplinebegin delete whichend deletebegin insert that,end insert in the opinion of thebegin delete boardend deletebegin insert board,end insert is
32relevant to geophysics.

33(2) Completion of a combination of at least 30 semester hours,
34begin insert or the equivalent,end insert in coursesbegin delete whichend deletebegin insert that,end insert in the opinion of thebegin delete boardend delete
35begin insert board,end insert are relevant to geophysics. At least 24 semester hours, or
36the equivalent, shall be in the third or fourth year, or graduate
37courses.

38(c) Have at least seven years of professional geophysical work
39begin delete whichend deletebegin insert thatend insert shall include either a minimum of three years of
40professional geophysical work under the supervision of a
P14   1professional geophysicist, except that prior to July 1, 1973,
2professional geophysical work shall qualify under this subdivision
3if it is under the supervision of a qualified geophysicist, or a
4minimum of five years’ experience in responsible charge of
5professional geophysical work. Professional geophysical work
6does not include the routine maintenance or operation of
7geophysical instruments, or, even if carried out under the
8responsible supervision of a professional geophysicist, the routine
9reduction or plotting of geophysical observations.

10Each year of undergraduate study in the geophysical sciences
11referred to in this section shall count as one-half year of training
12up to a maximum of two years, and each year of graduate study
13or research counts as a year of training.

14Teaching in the geophysical sciences referred to in this section
15at a college level shall be credited year for year toward meeting
16the requirement in this category, provided that the total teaching
17experience includes six semester units per semester, or equivalent
18if on the quarter system, of third or fourth year or graduate courses.

19Credit for undergraduate study, graduate study, and teaching,
20individually, or in any combination thereof, shall in no case exceed
21a total of four years towards meeting the requirements for at least
22seven years of professional geophysical work as set forth above.

23The ability of the applicant shall have been demonstrated by his
24or her having performed the work in a responsible position, as the
25term “responsible position” is defined in regulations adopted by
26the board. The adequacy of the required supervision and experience
27shall be determined by the board in accordance with standards set
28forth in regulations adopted by it.

29(d) Successfully pass a written examination.

30begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 7841.2 of the end insertbegin insertBusiness and Professions Codeend insert
31begin insert is amended to read:end insert

32

7841.2.  

An applicant for certification as a geologist-in-training
33shall comply with all of the following:

34(a) Not have committed acts or crimes constituting grounds for
35denial of certification under Section 480.

36(b) Successfully pass the Fundamentals of Geology examination.
37begin delete The applicant shall be eligible to sit for the Fundamentals of
38Geology examination after graduation with a degree in a geological
39science from a college or university, the curriculum of which has
40been approved by the board.end delete

begin insert

P15   1(c) Graduation from a college or university with a major in
2geological sciences or any other discipline that, in the opinion of
3the board, is relevant to geology.

end insert
4begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 7860.2 is added to the end insertbegin insertBusiness and
5Professions Code
end insert
begin insert, to read:end insert

begin insert
6

begin insert7860.2.end insert  

The failure of, or refusal by, a licensee or a certificate
7holder to respond to a written request from a representative of the
8board to cooperate in the investigation of a complaint against that
9licensee or certificate holder constitutes a cause for disciplinary
10action under Section 7860 or 7860.1.

end insert
11begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 7885 of the end insertbegin insertBusiness and Professions Codeend insert
12begin insert is repealed.end insert

begin delete
13

7885.  

(a) The board shall report each month to the State
14Controller the amount and source of all revenue received by it
15pursuant to this chapter and at the same time pay the entire amount
16thereof into the State Treasury for credit to the Geology and
17Geophysics Account, which is hereby created within the
18Professional Engineer’s and Land Surveyor’s Fund established in
19Section 6797.

20(b) All moneys in the Geology and Geophysics Fund on January
211, 2012, shall be transferred on that date to the Geology and
22Geophysics Account of the Professional Engineer’s and Land
23Surveyor’s Fund.

end delete
24begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 7886 of the end insertbegin insertBusiness and Professions Codeend insert
25begin insert is repealed.end insert

begin delete
26

7886.  

The moneys paid into the Geology and Geophysics
27Account of the Professional Engineer’s and Land Surveyor’s Fund
28pursuant to this chapter are hereby appropriated to be used by the
29board to carry out the provisions of this chapter.

end delete
30begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 7886 is added to the end insertbegin insertBusiness and Professions
31Code
end insert
begin insert, to read:end insert

begin insert
32

begin insert7886.end insert  

(a) The department shall receive and account for all
33money derived under the operation of this chapter and, at the end
34of each month, shall report such money to the Controller and shall
35pay it to the Treasurer, who shall keep the money in a separate
36fund known as the Professional Engineer’s, Land Surveyor’s, and
37Geologist’s Fund.

38(b) For accounting and recordkeeping purposes, the
39Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund
40shall be deemed to be a single special fund and shall be available
P16   1for expenditure only for the purposes as are now or may hereafter
2be provided by law.

3(c) The fees and civil penalties received under this chapter shall
4be deposited in the Professional Engineer’s, Land Surveyor’s, and
5Geologist’s Fund. All moneys in the fund are hereby appropriated
6for the purposes of this chapter.

end insert
7begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 8710 of the end insertbegin insertBusiness and Professions Codeend insert
8begin insert is amended to read:end insert

9

8710.  

(a) The Board for Professional Engineers, Land
10Surveyors, and Geologists is vested with power to administer the
11provisions and requirements of this chapter, and may make and
12enforce rules and regulations that are reasonably necessary to carry
13out its provisions.

14(b) The board may adopt rules and regulations of professional
15conduct that are not inconsistent with state and federal law. The
16rules and regulations may include definitions of incompetence and
17negligence. Every person who holds a license or certificate issued
18by the board pursuant to this chapter, or a license or certificate
19issued to a civil engineer pursuant to Chapter 7 (commencing with
20Section 6700), shall be governed by these rules and regulations.

21(c) This section shall remain in effect only until January 1,begin delete 2016,end delete
22begin insert 2020,end insert and as of that date isbegin delete repealed, unless a later enacted statute,
23that is enacted before January 1, 2016, deletes or extends that date.end delete

24begin insert repealed.end insert Notwithstanding any otherbegin delete provision ofend delete law, the repeal
25of this section renders the board subject to review by the
26appropriate policy committees of the Legislature.

27begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 8759 of the end insertbegin insertBusiness and Professions Codeend insert
28begin insert is amended to read:end insert

29

8759.  

(a) A licensed land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil
30engineer authorized to practice land surveying shall use a written
31contract when contracting to provide professional services to a
32client pursuant to this chapter. The written contract shall be
33executed by the licensed land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil
34engineer and thebegin delete client,end deletebegin insert clientend insert orbegin delete his or her representative,end deletebegin insert the
35client’s representativeend insert
prior to the licensed land surveyor or
36begin delete registeredend deletebegin insert licensedend insert civil engineer commencing work, unless the
37client knowingly states in writing that work may be commenced
38before the contract is executed. The written contract shall include,
39but not be limited to, all of the following:

P17   1(1) A description of the services to be provided to the client by
2the licensed land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil engineer.

3(2) A description of any basis of compensation applicable to
4the contract, and the method of payment agreed upon by the parties.

5(3) The name, address, and license or certificate number of the
6licensed land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil engineer, and
7the name and address of the client.

8(4) A description of the procedure that the licensed land surveyor
9orbegin delete registeredend deletebegin insert licensedend insert civil engineer and the client will use to
10accommodate additional services.

11(5) A description of the procedure to be used bybegin delete any partyend deletebegin insert both
12partiesend insert
to terminate the contract.

13(b) This section shall not apply to any of the following:

14(1) Professional land surveying services rendered by a licensed
15land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil engineer for which the
16client will not pay compensation.

17(2) A licensed land surveyor orbegin delete registeredend deletebegin insert licensedend insert civil engineer
18who has a current or prior contractual relationship with the client
19to provide professional services pursuant to this chapter, and that
20client has paid thebegin insert licensed landend insert surveyor orbegin insert licensed civilend insert engineer
21all of the fees that are due under the contract.

22(3) If the client knowingly states in writing after full disclosure
23of this section that a contract which complies with the requirements
24of this section is not required.

25(4) Professional services rendered by a licensed land surveyor
26or abegin delete registeredend deletebegin insert licensedend insert civil engineer to any of the following:

27(A) A professional engineer licensedbegin delete or registeredend delete under Chapter
287 (commencing with Section 6700).

29(B) A land surveyor licensed under this chapter.

30(C) An architect licensed under Chapter 3 (commencing with
31Section 5500).

32(D) A contractor licensed under Chapter 9 (commencing with
33 Section 7000).

34(E) A geologist or a geophysicist licensed under Chapter 12.5
35(commencing with Section 7800).

36(F) A manufacturing, mining, public utility, research and
37development, or other industrial corporation, if the services are
38provided in connection with or incidental to the products, systems,
39or services of that corporation or its affiliates.

40(G) A public agency.

P18   1(c) “Written contract” as used in this section includes a contract
2that is in electronic form.

3begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 8780.2 is added to the end insertbegin insertBusiness and
4Professions Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert8780.2.end insert  

The failure of, or refusal by, a licensee or a certificate
6holder to respond to a written request from a representative of the
7board to cooperate in the investigation of a complaint against that
8licensee or certificate holder constitutes a cause for disciplinary
9action under Section 8780 or 8780.1.

end insert
10begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 8800 of the end insertbegin insertBusiness and Professions Codeend insert
11begin insert is amended to read:end insert

12

8800.  

begin insert(a)end insertbegin insertend insert The department shall receive and account for all
13money derived under the operation of this chapter and, at the end
14of each month, shall report such money to the State Controller and
15shall pay it to the State Treasurer, who shall keep the money in a
16separate fund known as the Professionalbegin delete Engineer’s andend deletebegin insert Engineer’s,end insert
17 Landbegin delete Surveyor’send deletebegin insert Surveyor’s, and Geologist’send insert Fund.

begin delete

18 For

end delete

19begin insert(b)end insertbegin insertend insertbegin insertForend insert accounting and recordkeeping purposes, the Professional
20begin delete Engineer’s andend deletebegin insert Engineer’s,end insert Landbegin delete Surveyor’send deletebegin insert Surveyor’s, and
21Geologist’send insert
Fund shall be deemed to be a single special fund, and
22shall be available for expenditure only for the purposes as are now
23or may hereafter be provided by law.

begin delete

24 The

end delete

25begin insert(c)end insertbegin insertend insertbegin insertTheend insert fees and civil penalties received under this chapter shall
26be deposited in the Professional begin deleteEngineer’s andend deletebegin insert Engineer’s,end insert Land
27begin delete Surveyor’send deletebegin insert Surveyor’s, and Geologist’send insert Fund. All moneys in the
28fund are hereby appropriated for the purposes of this chapter.



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