Amended in Senate June 30, 2015

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

(begin deleteCoauthor: end deletebegin insertPrincipal Coauthor: end insertSenator Hill)

January 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

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

(1) The 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. Under existing law, these provisions arebegin delete reportedend deletebegin insert repealedend insert on January 1, 2016.

This bill would extend the operation of these provisions until January 1, 2020. Thebegin delete billend deletebegin insert bill, until January 1, 2020,end insert 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.

(2) Existing law provides for the licensure and regulation of architects and landscape architects by the California Architects Board, which consists of 10 members, in the Department of Consumer of Affairs. 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.

(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.

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.

(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.

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.

(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.

Thisbegin delete billend deletebegin insert bill, on and after July 1, 2016,end insert 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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

begin delete
P4    1

SECTION 1.  

Section 205 of the Business and Professions Code
2 is amended to read:

3

205.  

(a) There is in the State Treasury the Professions and
4Vocations Fund. The fund shall consist of the following special
5funds:

6(1) Accountancy Fund.

7(2) California Architects Board Fund.

8(3) Athletic Commission Fund.

9(4) Barbering and Cosmetology Contingent Fund.

10(5) Cemetery Fund.

11(6) Contractors’ License Fund.

12(7) State Dentistry Fund.

13(8) State Funeral Directors and Embalmers Fund.

14(9) Guide Dogs for the Blind Fund.

15(10) Home Furnishings and Thermal Insulation Fund.

16(11) California Architects Board-Landscape Architects Fund.

17(12) Contingent Fund of the Medical Board of California.

18(13) Optometry Fund.

19(14) Pharmacy Board Contingent Fund.

20(15) Physical Therapy Fund.

21(16) Private Investigator Fund.

22(17) Professional Engineer’s, Land Surveyor’s, and Geologist’s
23Fund.

24(18) Consumer Affairs Fund.

25(19) Behavioral Sciences Fund.

26(20) Licensed Midwifery Fund.

27(21) Court Reporters’ Fund.

28(22) Veterinary Medical Board Contingent Fund.

29(23) Vocational Nurses Account of the Vocational Nursing and
30Psychiatric Technicians Fund.

31(24) Electronic and Appliance Repair Fund.

32(25) Dispensing Opticians Fund.

33(26) Acupuncture Fund.

34(27) Physician Assistant Fund.

35(28) Board of Podiatric Medicine Fund.

36(29) Psychology Fund.

37(30) Respiratory Care Fund.

P5    1(31) Speech-Language Pathology and Audiology and Hearing
2Aid Dispensers Fund.

3(32) Board of Registered Nursing Fund.

4(33) Psychiatric Technician Examiners Account of the
5Vocational Nursing and Psychiatric Technicians Fund.

6(34) Animal Health Technician Examining Committee Fund.

7(35) State Dental Hygiene Fund.

8(36) State Dental Assistant Fund.

9(37) Structural Pest Control Fund.

10(38) Structural Pest Control Eradication and Enforcement Fund.

11(39) Structural Pest Control Research Fund.

12(b) For accounting and recordkeeping purposes, the Professions
13and Vocations Fund shall be deemed to be a single special fund,
14and each of the several special funds therein shall constitute and
15be deemed to be a separate account in the Professions and
16Vocations Fund. Each account or fund shall be available for
17expenditure only for the purposes as are now or may hereafter be
18provided by law.

19

SEC. 2.  

Section 207 of the Business and Professions Code is
20amended to read:

21

207.  

(a) Notwithstanding any other provision of law, the money
22in any fund described in Section 205 that is attributable to
23administrative fines, civil penalties, and criminal penalties imposed
24by a regulating entity, or cost recovery by a regulating entity from
25enforcement actions and case settlements, shall not be continuously
26appropriated. The money in each fund that is not continuously
27appropriated shall be available for expenditure as provided in this
28code only upon appropriation by the Legislature.

29(b) Notwithstanding any other provision of law, the annual
30Budget Act may appropriate, in a single budget item for each
31individual fund described in paragraphs (1) to (39), inclusive, of
32subdivision (a) of Section 205, the entire amount available for
33expenditure in the budget year for that fund. That appropriation
34may include funds that are continuously appropriated and funds
35that are not continuously appropriated.

end delete
36begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 205 of the end insertbegin insertBusiness and Professions Codeend insert
37begin insert is amended to read:end insert

38

205.  

(a) There is in the State Treasury the Professions and
39Vocations Fund. The fund shall consist of the following special
40funds:

P6    1(1) Accountancy Fund.

2(2) California Architects Board Fund.

3(3) Athletic Commission Fund.

4(4) Barbering and Cosmetology Contingent Fund.

5(5) Cemetery Fund.

6(6) Contractors’ License Fund.

7(7) State Dentistry Fund.

8(8) State Funeral Directors and Embalmers Fund.

9(9) Guide Dogs for the Blind Fund.

10(10) Home Furnishings and Thermal Insulation Fund.

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

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

13(13) Optometry Fund.

14(14) Pharmacy Board Contingent Fund.

15(15) Physical Therapy Fund.

16(16) Private Investigator Fund.

17(17) Professional Engineer’s and Land Surveyor’s Fund.

18(18) Consumer Affairs Fund.

19(19) Behavioral Sciences Fund.

20(20) Licensed Midwifery Fund.

21(21) Court Reporters’ Fund.

22(22) Veterinary Medical Board Contingent Fund.

23(23) Vocational Nurses Account of the Vocational Nursing and
24Psychiatric Technicians Fund.

25(24) Electronic and Appliance Repair Fund.

26(25) Geology and Geophysics Account of the Professional
27Engineer’s and Land Surveyor’s Fund.

28(26) Dispensing Opticians Fund.

29(27) Acupuncture Fund.

30(28) Physician Assistant Fund.

31(29) Board of Podiatric Medicine Fund.

32(30) Psychology Fund.

33(31) Respiratory Care Fund.

34(32) Speech-Language Pathology and Audiology and Hearing
35Aid Dispensers Fund.

36(33) Board of Registered Nursing Fund.

37(34) Psychiatric Technician Examiners Account of the
38Vocational Nursing and Psychiatric Technicians Fund.

39(35) Animal Health Technician Examining Committee Fund.

40(36) State Dental Hygiene Fund.

P7    1(37) State Dental Assistant Fund.

2(38) Structural Pest Control Fund.

3(39) Structural Pest Control Eradication and Enforcement Fund.

4(40) Structural Pest Control Research Fund.

5(b) For accounting and recordkeeping purposes, the Professions
6and Vocations Fund shall be deemed to be a single special fund,
7and each of the several special funds therein shall constitute and
8be deemed to be a separate account in the Professions and
9Vocations Fund. Each account or fund shall be available for
10expenditure only for the purposes as are now or may hereafter be
11provided by law.

begin insert

12(c) This section shall become inoperative on July 1, 2016, and,
13as of January 1, 2017, is repealed.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 205 is added to the end insertbegin insertBusiness and Professions
15Code
end insert
begin insert, to read:end insert

begin insert
16

begin insert205.end insert  

(a) There is in the State Treasury the Professions and
17Vocations Fund. The fund shall consist of the following special
18funds:

19(1) Accountancy Fund.

20(2) California Architects Board Fund.

21(3) Athletic Commission Fund.

22(4) Barbering and Cosmetology Contingent Fund.

23(5) Cemetery Fund.

24(6) Contractors’ License Fund.

25(7) State Dentistry Fund.

26(8) State Funeral Directors and Embalmers Fund.

27(9) Guide Dogs for the Blind Fund.

28(10) Home Furnishings and Thermal Insulation Fund.

29(11) California Architects Board-Landscape Architects Fund.

30(12) Contingent Fund of the Medical Board of California.

31(13) Optometry Fund.

32(14) Pharmacy Board Contingent Fund.

33(15) Physical Therapy Fund.

34(16) Private Investigator Fund.

35(17) Professional Engineer’s, Land Surveyor’s, and Geologist’s
36Fund.

37(18) Consumer Affairs Fund.

38(19) Behavioral Sciences Fund.

39(20) Licensed Midwifery Fund.

40(21) Court Reporters’ Fund.

P8    1(22) Veterinary Medical Board Contingent Fund.

2(23) Vocational Nurses Account of the Vocational Nursing and
3Psychiatric Technicians Fund.

4(24) Electronic and Appliance Repair Fund.

5(25) Dispensing Opticians Fund.

6(26) Acupuncture Fund.

7(27) Physician Assistant Fund.

8(28) Board of Podiatric Medicine Fund.

9(29) Psychology Fund.

10(30) Respiratory Care Fund.

11(31) Speech-Language Pathology and Audiology and Hearing
12Aid Dispensers Fund.

13(32) Board of Registered Nursing Fund.

14(33) Psychiatric Technician Examiners Account of the
15Vocational Nursing and Psychiatric Technicians Fund.

16(34) Animal Health Technician Examining Committee Fund.

17(35) State Dental Hygiene Fund.

18(36) State Dental Assistant Fund.

19(37) Structural Pest Control Fund.

20(38) Structural Pest Control Eradication and Enforcement Fund.

21(39) Structural Pest Control Research Fund.

22(b) For accounting and recordkeeping purposes, the Professions
23and Vocations Fund shall be deemed to be a single special fund,
24and each of the several special funds therein shall constitute and
25be deemed to be a separate account in the Professions and
26Vocations Fund. Each account or fund shall be available for
27expenditure only for the purposes as are now or may hereafter be
28provided by law.

29(c) This section shall become operative on July 1, 2017.

end insert
30begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 207 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert

32

207.  

(a) Notwithstanding any other provision of law, the money
33in any fund described in Section 205 that is attributable to
34administrative fines, civil penalties, and criminal penalties imposed
35by a regulating entity, or cost recovery by a regulating entity from
36enforcement actions and case settlements, shall not be continuously
37appropriated. The money in each fund that is not continuously
38appropriated shall be available for expenditure as provided in this
39code only upon appropriation by the Legislature.

P9    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) to (40), inclusive, of
4subdivision (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.

begin insert

8(c) This section shall become inoperative on July 1, 2016, and,
9as of January 1, 2017, is repealed.

end insert
10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 207 is added to the end insertbegin insertBusiness and Professions
11Code
end insert
begin insert, to read:end insert

begin insert
12

begin insert207.end insert  

(a) Notwithstanding any other provision of law, the money
13in any fund described in Section 205 that is attributable to
14administrative fines, civil penalties, and criminal penalties imposed
15by a regulating entity, or cost recovery by a regulating entity from
16enforcement actions and case settlements, shall not be continuously
17appropriated. The money in each fund that is not continuously
18appropriated shall be available for expenditure as provided in this
19code only upon appropriation by the Legislature.

20(b) Notwithstanding any other provision of law, the annual
21Budget Act may appropriate, in a single budget item for each
22individual fund described in paragraphs (1) to (39), inclusive, of
23subdivision (a) of Section 205, the entire amount available for
24 expenditure in the budget year for that fund. That appropriation
25may include funds that are continuously appropriated and funds
26that are not continuously appropriated.

27(c) This section shall become operative on July 1, 2016.

end insert
28

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

Section 5510 of the Business and Professions Code is
30amended to read:

31

5510.  

There is in the Department of Consumer Affairs a
32California Architects Board which consists of 10 members.

33Any reference in law to the California Board of Architectural
34Examiners shall mean the California Architects Board.

35This section shall remain in effect only until January 1, 2020,
36and as of that date is repealed. Notwithstanding any other law, the
37repeal of this section renders the board subject to review by the
38appropriate policy committees of the Legislature.

P10   1

begin deleteSEC. 4.end delete
2begin insertSEC. 6.end insert  

Section 5517 of the Business and Professions Code is
3amended to read:

4

5517.  

The board may appoint a person exempt from civil
5service who shall be designated as an executive officer and who
6shall exercise the powers and perform the duties delegated by the
7board and vested in him or her by this chapter.

8This section shall remain in effect only until January 1, 2020,
9and as of that date is repealed.

10

begin deleteSEC. 5.end delete
11begin insertSEC. 7.end insert  

Section 5620 of the Business and Professions Code is
12amended to read:

13

5620.  

The duties, powers, purposes, responsibilities, and
14jurisdiction of the California State Board of Landscape Architects
15that were succeeded to and vested with the Department of
16Consumer Affairs in accordance with Chapter 908 of the Statutes
17of 1994 are hereby transferred to the California Architects Board.
18The Legislature finds that the purpose for the transfer of power is
19to promote and enhance the efficiency of state government and
20that assumption of the powers and duties by the California
21Architects Board shall not be viewed or construed as a precedent
22for the establishment of state regulation over a profession or
23vocation that was not previously regulated by a board, as defined
24in Section 477.

25(a) There is in the Department of Consumer Affairs a California
26Architects Board as defined in Article 2 (commencing with Section
275510) of Chapter 3.

28Whenever in this chapter “board” is used, it refers to the
29California Architects Board.

30(b) Except as provided herein, the board may delegate its
31authority under this chapter to the Landscape Architects Technical
32Committee.

33(c) After review of proposed regulations, the board may direct
34the examining committee to notice and conduct hearings to adopt,
35amend, or repeal regulations pursuant to Section 5630, provided
36that the board itself shall take final action to adopt, amend, or
37repeal those regulations.

38(d) The board shall not delegate its authority to discipline a
39landscape architect or to take action against a person who has
40violated this chapter.

P11   1(e) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed.

3

begin deleteSEC. 6.end delete
4begin insertSEC. 8.end insert  

Section 5621 of the Business and Professions Code is
5amended to read:

6

5621.  

(a) There is hereby created within the jurisdiction of the
7board, a Landscape Architects Technical Committee, hereinafter
8referred to in this chapter as the landscape architects committee.

9(b) The landscape architects committee shall consist of five
10members who shall be licensed to practice landscape architecture
11in this state. The Governor shall appoint three of the members.
12The Senate Committee on Rules and the Speaker of the Assembly
13shall appoint one member each.

14(c) The initial members to be appointed by the Governor are as
15follows: one member for a term of one year; one member for a
16term of two years; and one member for a term of three years. The
17Senate Committee on Rules and the Speaker of the Assembly shall
18initially each appoint one member for a term of four years.
19Thereafter, appointments shall be made for four-year terms,
20expiring on June 1 of the fourth year and until the appointment
21and qualification of his or her successor or until one year shall
22have elapsed, whichever first occurs. Vacancies shall be filled for
23the unexpired term.

24(d) No person shall serve as a member of the landscape
25architects committee for more than two consecutive terms.

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

28

begin deleteSEC. 7.end delete
29begin insertSEC. 9.end insert  

Section 5622 of the Business and Professions Code is
30amended to read:

31

5622.  

(a) The landscape architects committee may assist the
32board in the examination of candidates for a landscape architect’s
33license and, after investigation, evaluate and make
34recommendations regarding potential violations of this chapter.

35(b) The landscape architects committee may investigate, assist,
36and make recommendations to the board regarding the regulation
37of landscape architects in this state.

38(c) The landscape architects committee may perform duties and
39functions that have been delegated to it by the board pursuant to
40Section 5620.

P12   1(d) The landscape architects committee may send a
2representative to all meetings of the full board to report on the
3committee’s activities.

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

6

begin deleteSEC. 8.end delete
7begin insertSEC. 10.end insert  

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

9

6710.  

(a) There is in the Department of Consumer Affairs a
10Board for Professional Engineers, Land Surveyors, and Geologists,
11which consists of 15 members.

12(b) Any reference in any law or regulation to the Board of
13Registration for Professional Engineers and Land Surveyors, or
14the Board for Professional Engineers and Land Surveyors, is
15deemed to refer to the Board for Professional Engineers, Land
16Surveyors, and Geologists.

17(c) This section shall remain in effect only until January 1, 2020,
18and as of that date is repealed. Notwithstanding any other law, the
19repeal of this section renders the board subject to review by the
20appropriate policy committees of the Legislature.

21

begin deleteSEC. 9.end delete
22begin insertSEC. 11.end insert  

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

24

6714.  

The board shall appoint an executive officer at a salary
25to be fixed and determined by the board with the approval of the
26Director of Finance.

27This section shall remain in effect only until January 1, 2020,
28and as of that date is repealed.

29

begin deleteSEC. 10.end delete
30begin insertSEC. 12.end insert  

Section 6749 of the Business and Professions Code
31 is amended to read:

32

6749.  

(a) A professional engineer shall use a written contract
33when contracting to provide professional engineering services to
34a client pursuant to this chapter. The written contract shall be
35executed by the professional engineer and the client or the client’s
36representative prior to the professional engineer commencing work,
37unless the client knowingly states in writing that work may be
38commenced before the contract is executed. The written contract
39shall include, but not be limited to, all of the following:

P13   1(1) A description of the services to be provided to the client by
2the professional 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
6professional engineer, and the name and address of the client.

7(4) A description of the procedure that the professional engineer
8and the client will use to accommodate additional services.

9(5) A description of the procedure to be used by both parties to
10terminate the contract.

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

12(1) Professional engineering services rendered by a professional
13engineer for which the client will not pay compensation.

14(2) A professional engineer who has a current or prior
15contractual relationship with the client to provide engineering
16services, and that client has paid the professional engineer all of
17the fees that are due under the contract.

18(3) If the client knowingly states in writing after full disclosure
19of this section that a contract which complies with the requirements
20of this section is not required.

21(4) Professional engineering services rendered by a professional
22engineer to any of the following:

23(A) A professional engineer licensed or registered under this
24chapter.

25(B) A land surveyor licensed under Chapter 15 (commencing
26with Section 8700).

27(C) An architect licensed under Chapter 3 (commencing with
28Section 5500).

29(D) A contractor licensed under Chapter 9 (commencing with
30Section 7000).

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

33(F) A manufacturing, mining, public utility, research and
34development, or other industrial corporation, if the services are
35provided in connection with or incidental to the products, systems,
36or services of that corporation or its affiliates.

37(G) A public agency.

38(c) “Written contract” as used in this section includes a contract
39that is in electronic form.

P14   1

begin deleteSEC. 11.end delete
2begin insertSEC. 13.end insert  

Section 6775.2 is added to the Business and
3Professions Code
, to read:

4

6775.2.  

begin insert(a)end insertbegin insertend insertThe failure of, or refusal by, a licensee or a
5certificate holder to respond to a written request from a
6representative of the board to cooperate in the investigation of a
7complaint against that licensee or certificate holder constitutes a
8cause for disciplinary action under Section 6775 or 6775.1.

begin insert

9(b) This section shall remain in effect only until January 1, 2020,
10and as of that date is repealed.

end insert
begin delete
11

SEC. 12.  

Section 6797 of the Business and Professions Code
12 is amended to read:

13

6797.  

(a) The department shall receive and account for all
14money derived from the operation of this chapter and, at the end
15of each month, shall report such money to the State Controller and
16shall pay it to the State Treasurer, who shall keep the money in a
17separate fund known as the Professional Engineer’s, Land
18Surveyor’s, and Geologist’s Fund.

19(b) For accounting and recordkeeping purposes, the Professional
20Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
21deemed to be a single special fund, and shall be available for
22expenditure only for the purposes as are now or may hereafter be
23provided by law.

24(c) The fees and civil penalties received under this chapter shall
25be deposited in the Professional Engineer’s, Land Surveyor’s, and
26Geologist’s Fund. All moneys in the fund are hereby appropriated
27for the purposes of this chapter.

end delete
28begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 6797 of the end insertbegin insertBusiness and Professions Codeend insert
29begin insert is amended to read:end insert

30

6797.  

begin insert(a)end insertbegin insertend insertThe department shall receive and account for all
31money derived from the operation of this chapter and, at the end
32of each month, shall report such money to the State Controller and
33shall pay it to the State Treasurer, who shall keep the money in a
34separate fund known as the Professional Engineer’s and Land
35Surveyor’s Fund.

begin delete

36For

end delete

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

begin delete

P15   1The

end delete

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

begin insert

6(d) This section shall become inoperative on July 1, 2016, and,
7as of January 1, 2017, is repealed.

end insert
8begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 6797 is added to the end insertbegin insertBusiness and Professions
9Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert6797.end insert  

(a) The department shall receive and account for all
11money derived from the operation of this chapter and, at the end
12of each month, shall report such money to the State Controller
13and shall pay it to the State Treasurer, who shall keep the money
14in a separate fund known as the Professional Engineer’s, Land
15Surveyor’s, and Geologist’s Fund.

16(b) For accounting and recordkeeping purposes, the
17Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund
18shall be deemed to be a single special fund, and shall be available
19for expenditure only for the purposes as are now or may hereafter
20be provided by law.

21(c) The fees and civil penalties received under this chapter shall
22be deposited in the Professional Engineer’s, Land Surveyor’s, and
23Geologist’s Fund. All moneys in the fund are hereby appropriated
24for the purposes of this chapter.

25(d) This section shall become operative on July 1, 2016.

end insert
26

begin deleteSEC. 13.end delete
27begin insertSEC. 16.end insert  

Section 7839.2 of the Business and Professions Code
28 is amended to read:

29

7839.2.  

(a) A professional geologist or professional
30geophysicist shall use a written contract when contracting to
31provide geological or geophysical services to a client pursuant to
32this chapter. The written contract shall be executed by the
33professional geologist or professional geophysicist and the client
34or the client’s representative prior to the professional geologist or
35professional geophysicist commencing work, unless the client
36states in writing that work may be commenced before the contract
37is executed. The written contract shall include, but is not limited
38to, all of the following:

39(1) A description of the services to be provided to the client by
40the professional geologist or professional geophysicist.

P16   1(2) A description of any basis of compensation applicable to
2the contract, and the method of payment agreed upon by the parties.

3(3) The name, address, and license or certificate number of the
4professional geologist or professional geophysicist, and the name
5and address of the client.

6(4) A description of the procedure that the professional geologist
7or professional geophysicist and the client will use to accommodate
8additional services.

9(5) A description of the procedure to be used by both parties to
10terminate the contract.

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

12(1) Geologic or geophysical services rendered by a professional
13geologist or professional geophysicist for which the client will not
14pay compensation.

15(2) A geologist or geophysicist who has a current or prior
16contractual relationship with the client to provide geologic or
17geophysical services, and who has already been paid the fees that
18are due under the contract by the client.

19(3) If the client executes a waiver in writing after full disclosure
20of this section that a contract that complies with the requirements
21of this section is not required.

22(4) Geological or geophysical services rendered by a geologist
23or geophysicist to any of the following:

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

25(B) An engineer licensed under Chapter 7 (commencing with
26Section 6700).

27(C) A land surveyor licensed under Chapter 15 (commencing
28with Section 8700).

29(D) An architect licensed under Chapter 3 (commencing with
30Section 5500).

31(E) A contractor licensed under Chapter 9 (commencing with
32Section 7000).

33(F) A public agency.

34(c) As used in this section, “written contract” includes a contract
35in electronic form.

36

begin deleteSEC. 14.end delete
37begin insertSEC. 17.end insert  

Section 7841 of the Business and Professions Code
38 is amended to read:

39

7841.  

An applicant for licensure as a geologist shall have all
40the following qualifications:

P17   1(a) Not have committed any acts or crimes constituting grounds
2for denial of licensure under Section 480.

3(b) Graduation from a college or university with a major in
4geological sciences or any other discipline that, in the opinion of
5the board, is relevant to geology.

6(c) Have a documented record of a minimum of five years of
7professional geological experience of a character satisfactory to
8the board, demonstrating that the applicant is qualified to assume
9responsible charge of this work upon licensure as a geologist. This
10experience shall be gained under the supervision of a geologist or
11geophysicist licensed in this or any other state, or under the
12supervision of others who, in the opinion of the board, have the
13training and experience to have responsible charge of geological
14work. Professional geological work does not include routine
15sampling, laboratory work, or geological drafting.

16Each year of undergraduate study in the geological sciences shall
17count as one-half year of training up to a maximum of two years,
18and each year of graduate study or research counts as a year of
19training.

20Teaching in the geological sciences at college level shall be
21credited year for year toward meeting the requirement in this
22category, provided that the total teaching experience includes six
23semester units per semester, or equivalent if on the quarter system,
24of upper division or graduate courses.

25Credit for undergraduate study, graduate study, and teaching,
26individually, or in any combination thereof, shall in no case exceed
27a total of three years towards meeting the requirement for at least
28five years of professional geological work as set forth above.

29The ability of the applicant shall have been demonstrated by the
30applicant having performed the work in a responsible position, as
31the term “responsible position” is defined in regulations adopted
32by the board. The adequacy of the required supervision and
33experience shall be determined by the board in accordance with
34standards set forth in regulations adopted by it.

35(d) Successfully pass a written examination that incorporates a
36national examination for geologists created by a nationally
37recognized entity approved by the board, and a supplemental
38California specific examination. The California specific
39examination shall test the applicant’s knowledge of state laws,
P18   1 rules and regulations, and of seismicity and geology unique to
2practice within this state.

3

begin deleteSEC. 15.end delete
4begin insertSEC. 18.end insert  

Section 7841.1 of the Business and Professions Code
5 is amended to read:

6

7841.1.  

An applicant for licensure as a geophysicist shall have
7all of the following qualifications. This section shall not apply to
8applicants for licensure as geologists.

9(a) Not have committed any acts or crimes constituting grounds
10for denial of licensure under Section 480.

11(b) Meet one of the following educational requirements fulfilled
12at a school or university whose curricula meet criteria established
13by rules of the board.

14(1) Graduation with a major in a geophysical science or any
15other discipline that, in the opinion of the board, is relevant to
16geophysics.

17(2) Completion of a combination of at least 30 semester hours,
18or the equivalent, in courses that, in the opinion of the board, are
19relevant to geophysics. At least 24 semester hours, or the
20equivalent, shall be in the third or fourth year, or graduate courses.

21(c) Have at least seven years of professional geophysical work
22that shall include either a minimum of three years of professional
23geophysical work under the supervision of a professional
24geophysicist, except that prior to July 1, 1973, professional
25geophysical work shall qualify under this subdivision if it is under
26the supervision of a qualified geophysicist, or a minimum of five
27years’ experience in responsible charge of professional geophysical
28work. Professional geophysical work does not include the routine
29maintenance or operation of geophysical instruments, or, even if
30carried out under the responsible supervision of a professional
31geophysicist, the routine reduction or plotting of geophysical
32observations.

33Each year of undergraduate study in the geophysical sciences
34referred to in this section shall count as one-half year of training
35up to a maximum of two years, and each year of graduate study
36or research counts as a year of training.

37Teaching in the geophysical sciences referred to in this section
38at a college level shall be credited year for year toward meeting
39the requirement in this category, provided that the total teaching
P19   1experience includes six semester units per semester, or equivalent
2if on the quarter system, of third or fourth year 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 four years towards meeting the requirements for at least
6seven years of professional geophysical work as set forth above.

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

13(d) Successfully pass a written examination.

14

begin deleteSEC. 16.end delete
15begin insertSEC. 19.end insert  

Section 7841.2 of the Business and Professions Code
16 is amended to read:

17

7841.2.  

An applicant for certification as a geologist-in-training
18shall comply with all of the following:

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

21(b) Successfully pass the Fundamentals of Geology examination.

22(c) Graduation from a college or university with a major in
23geological sciences or any other discipline that, in the opinion of
24the board, is relevant to geology.

25

begin deleteSEC. 17.end delete
26begin insertSEC. 20.end insert  

Section 7860.2 is added to the Business and
27Professions Code
, to read:

28

7860.2.  

begin insert(a)end insertbegin insertend insertThe failure of, or refusal by, a licensee or a
29certificate holder to respond to a written request from a
30representative of the board to cooperate in the investigation of a
31complaint against that licensee or certificate holder constitutes a
32cause for disciplinary action under Section 7860 or 7860.1.

begin insert

33(b) This section shall remain in effect only until January 1, 2020,
34and as of that date is repealed.

end insert
begin delete35

SEC. 18.  

Section 7885 of the Business and Professions Code
36 is repealed.

end delete
37begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 7885 of the end insertbegin insertBusiness and Professions Codeend insert
38begin insert is amended to read:end insert

39

7885.  

(a) The board shall report each month to the State
40Controller the amount and source of all revenue received by it
P20   1pursuant to this chapter and at the same time pay the entire amount
2thereof into the State Treasury for credit to the Geology and
3Geophysics Account, which is hereby created within the
4Professional Engineer’s and Land Surveyor’s Fund established in
5Section 6797.

6(b) All moneys in the Geology and Geophysics Fund on January
71, 2012, shall be transferred on that date to the Geology and
8Geophysics Account of the Professional Engineer’s and Land
9Surveyor’s Fund.

begin insert

10(c) This section shall become inoperative on July 1, 2016, and,
11as of January 1, 2017, is repealed.

end insert
begin delete12

SEC. 19.  

Section 7886 of the Business and Professions Code
13 is repealed.

end delete
14begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 7886 of the end insertbegin insertBusiness and Professions Codeend insert
15begin insert is amended to read:end insert

16

7886.  

begin insert(a)end insertbegin insertend insertThe moneys paid into the Geology and Geophysics
17Account of the Professional Engineer’s and Land Surveyor’s Fund
18pursuant to this chapter are hereby appropriated to be used by the
19board to carry out the provisions of this chapter.

begin insert

20(b) This section shall become inoperative on July 1, 2016, and,
21as of January 1, 2017, is repealed.

end insert
22

begin deleteSEC. 20.end delete
23begin insertSEC. 23.end insert  

Section 7886 is added to the Business and Professions
24Code
, to read:

25

7886.  

(a) The department shall receive and account for all
26money derived under the operation of this chapter and, at the end
27of each month, shall report such money to the Controller and shall
28pay it to the Treasurer, who shall keep the money in a separate
29fund known as the Professional Engineer’s, Land Surveyor’s, and
30Geologist’s Fund.

31(b) For accounting and recordkeeping purposes, the Professional
32Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
33deemed to be a single special fund and shall be available for
34expenditure only for the purposes as are now or may hereafter be
35provided by law.

36(c) The fees and civil penalties received under this chapter shall
37be deposited in the Professional Engineer’s, Land Surveyor’s, and
38Geologist’s Fund. All moneys in the fund are hereby appropriated
39for the purposes of this chapter.

begin insert

40(d) This section shall become operative on July 1, 2016.

end insert
P21   1

begin deleteSEC. 21.end delete
2begin insertSEC. 24.end insert  

Section 8710 of the Business and Professions Code
3 is amended to read:

4

8710.  

(a) The Board for Professional Engineers, Land
5Surveyors, and Geologists is vested with power to administer the
6provisions and requirements of this chapter, and may make and
7enforce rules and regulations that are reasonably necessary to carry
8out its provisions.

9(b) The board may adopt rules and regulations of professional
10conduct that are not inconsistent with state and federal law. The
11rules and regulations may include definitions of incompetence and
12negligence. Every person who holds a license or certificate issued
13by the board pursuant to this chapter, or a license or certificate
14issued to a civil engineer pursuant to Chapter 7 (commencing with
15Section 6700), shall be governed by these rules and regulations.

16(c) This section shall remain in effect only until January 1, 2020,
17and as of that date is repealed. Notwithstanding any other law, the
18repeal of this section renders the board subject to review by the
19appropriate policy committees of the Legislature.

20

begin deleteSEC. 22.end delete
21begin insertSEC. 25.end insert  

Section 8759 of the Business and Professions Code
22 is amended to read:

23

8759.  

(a) A licensed land surveyor or licensed civil engineer
24authorized to practice land surveying shall use a written contract
25when contracting to provide professional services to a client
26pursuant to this chapter. The written contract shall be executed by
27the licensed land surveyor or licensed civil engineer and the client
28or the client’s representative prior to the licensed land surveyor or
29licensed civil engineer commencing work, unless the client
30knowingly states in writing that work may be commenced before
31the contract is executed. The written contract shall include, but
32not be limited to, all of the following:

33(1) A description of the services to be provided to the client by
34the licensed land surveyor or licensed civil engineer.

35(2) A description of any basis of compensation applicable to
36the contract, and the method of payment agreed upon by the parties.

37(3) The name, address, and license or certificate number of the
38licensed land surveyor or licensed civil engineer, and the name
39and address of the client.

P22   1(4) A description of the procedure that the licensed land surveyor
2or licensed civil engineer and the client will use to accommodate
3additional services.

4(5) A description of the procedure to be used by both parties to
5terminate the contract.

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

7(1) Professional land surveying services rendered by a licensed
8land surveyor or licensed civil engineer for which the client will
9not pay compensation.

10(2) A licensed land surveyor or licensed civil engineer who has
11a current or prior contractual relationship with the client to provide
12professional services pursuant to this chapter, and that client has
13paid the licensed land surveyor or licensed civil engineer all of the
14fees that are due under the contract.

15(3) If the client knowingly states in writing after full disclosure
16of this section that a contract which complies with the requirements
17of this section is not required.

18(4) Professional services rendered by a licensed land surveyor
19or a licensed civil engineer to any of the following:

20(A) A professional engineer licensed under Chapter 7
21(commencing with Section 6700).

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

23(C) An architect licensed under Chapter 3 (commencing with
24Section 5500).

25(D) A contractor licensed under Chapter 9 (commencing with
26Section 7000).

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

29(F) A manufacturing, mining, public utility, research and
30development, or other industrial corporation, if the services are
31provided in connection with or incidental to the products, systems,
32or services of that corporation or its affiliates.

33(G) A public agency.

34(c) “Written contract” as used in this section includes a contract
35that is in electronic form.

36

begin deleteSEC. 23.end delete
37begin insertSEC. 26.end insert  

Section 8780.2 is added to the Business and
38Professions Code
, to read:

39

8780.2.  

begin insert(a)end insertbegin insertend insertThe failure of, or refusal by, a licensee or a
40certificate holder to respond to a written request from a
P23   1representative of the board to cooperate in the investigation of a
2complaint against that licensee or certificate holder constitutes a
3cause for disciplinary action under Section 8780 or 8780.1.

begin insert

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

end insert
begin delete
6

SEC. 24.  

Section 8800 of the Business and Professions Code
7 is amended to read:

8

8800.  

(a) The department shall receive and account for all
9money derived under the operation of this chapter and, at the end
10of each month, shall report such money to the State Controller and
11shall pay it to the State Treasurer, who shall keep the money in a
12separate fund known as the Professional Engineer’s, Land
13Surveyor’s, and Geologist’s Fund.

14(b) For accounting and recordkeeping purposes, the Professional
15Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
16deemed to be a single special fund, and shall be available for
17expenditure only for the purposes as are now or may hereafter be
18provided by law.

19(c) The fees and civil penalties received under this chapter shall
20be deposited in the Professional Engineer’s, Land Surveyor’s, and
21Geologist’s Fund. All moneys in the fund are hereby appropriated
22for the purposes of this chapter.

end delete
23begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 8800 of the end insertbegin insertBusiness and Professions Codeend insert
24begin insert is amended to read:end insert

25

8800.  

begin insert(a)end insertbegin insertend insertThe department shall receive and account for all
26money derived under the operation of this chapter and, at the end
27of each month, shall report such money to the State Controller and
28shall pay it to the State Treasurer, who shall keep the money in a
29separate fund known as the Professional Engineer’s and Land
30Surveyor’s Fund.

begin delete

31For

end delete

32begin insert(b)end insertbegin insertend insertbegin insertForend insert accounting and recordkeeping purposes, the Professional
33Engineer’s and Land Surveyor’s Fund shall be deemed to be a
34single special fund, and shall be available for expenditure only for
35the purposes as are now or may hereafter be provided by law.

begin delete

36The

end delete

37begin insert(c)end insertbegin insertend insertbegin insertTheend insert fees and civil penalties received under this chapter shall
38be deposited in the Professional Engineer’s and Land Surveyor’s
39Fund. All moneys in the fund are hereby appropriated for the
40purposes of this chapter.

begin insert

P24   1(d) This section shall become inoperative on July 1, 2016, and,
2as of January 1, 2017, is repealed.

end insert
3begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 8800 is added to the end insertbegin insertBusiness and Professions
4Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert8800.end insert  

(a) The department shall receive and account for all
6money derived under the operation of this chapter and, at the end
7of each month, shall report such money to the State Controller
8and shall pay it to the State Treasurer, who shall keep the money
9in a separate fund known as the Professional Engineer’s, Land
10Surveyor’s, and Geologist’s Fund.

11(b) For accounting and recordkeeping purposes, the
12Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund
13shall be deemed to be a single special fund, and shall be available
14for expenditure only for the purposes as are now or may hereafter
15be provided by law.

16(c) The fees and civil penalties received under this chapter shall
17be deposited in the Professional Engineer’s, Land Surveyor’s, and
18Geologist’s Fund. All moneys in the fund are hereby appropriated
19for the purposes of this chapter.

20(d) This section shall become operative on July 1, 2016.

end insert


O

    96