Amended in Senate August 31, 2015

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

(Principal Coauthor: Senator Hill)

January 26, 2015


An act to amend Sectionsbegin insert 207,end insert 5510, 5517, 5620, 5621, 5622, 6710, 6714, 6749, 7839.2, 7841, 7841.1, 7841.2, 8710, and 8759 of, to amend and repeal Section 7885 of, to amend, repeal, and add Sections 205,begin delete 207,end delete 6797, 7886, and 8800 of,begin insert to add Section 5550.2 to,end insert and to add and repeal Sections 6775.2, 7860.2, and 8780.2 of, 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: licensingbegin delete boards: authority: extension.end deletebegin insert boards.end insert

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 Under existing law, these provisions are repealed on January 1, 2016.end deletebegin insert officer.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

This bill would extend the operation of these provisionsbegin delete untilend deletebegin insert toend insert January 1, 2020. The bill, until January 1, 2020, 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.begin delete The bill would also make technical amendments to the act.end delete

(2) Existingbegin delete lawend deletebegin insert law, the Architects Practice Act,end insert provides for the licensure and regulation of architects and landscape architects by the California Architects Boardbegin delete, which consists of 10 members, in the Department of Consumer of Affairs.end deletebegin insert and authorizes the board to appoint an executive officer.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.begin delete Under existing law, these provisions are repealed on January 1, 2016.end deletebegin insert Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.end insert

This bill would extend the operation ofbegin delete theseend deletebegin insert thoseend insert provisionsbegin delete untilend deletebegin insert toend insert January 1, 2020.begin insert The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.end 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 thebegin delete act. Under existing law, these provisions are repealed on January 1, 2016.end deletebegin insert act until January 1, 2016.end insert

This bill would extendbegin delete the operation of these provisions untilend deletebegin insert that power toend insert January 1, 2020. Thebegin delete billend deletebegin insert bill, until January 1, 2020,end insert 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 inbegin delete specialtiesend deletebegin insert a specialtyend insert 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, amongbegin delete othersend deletebegin insert others,end insert 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 alsobegin delete allowsend deletebegin insert allowend insert 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 disciplinebegin insert relevant to geologyend insert, as specified. 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.

(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 arebegin insert continuouslyend insert appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineers’s and Land Surveyor’s Fund arebegin insert continuouslyend insert appropriated for the purposes of the Professional Engineersbegin insert Actend insert and the Professional Landbegin delete Surveyor’send deletebegin insert Surveyorsend insertbegin insertend insert Act, and the moneys in those fundsbegin insert thatend insert 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.

begin delete

This bill, on and after July 1, 2016, 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 delete
begin insert

This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund and would rename the Professional Engineer’s and Land Surveyor’s Fund as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.

end insert

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

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

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.

P5    1(12) Contingent Fund of the Medical Board of California.

2(13) Optometry Fund.

3(14) Pharmacy Board Contingent Fund.

4(15) Physical Therapy Fund.

5(16) Private Investigator Fund.

6(17) Professional Engineer’s and Land Surveyor’s Fund.

7(18) Consumer Affairs Fund.

8(19) Behavioral Sciences Fund.

9(20) Licensed Midwifery Fund.

10(21) Court Reporters’ Fund.

11(22) Veterinary Medical Board Contingent Fund.

12(23) Vocational Nurses Account of the Vocational Nursing and
13Psychiatric Technicians Fund.

14(24) Electronic and Appliance Repair Fund.

15(25) Geology and Geophysics Account of the Professional
16Engineer’s and Land Surveyor’s Fund.

17(26) Dispensing Opticians Fund.

18(27) Acupuncture Fund.

19(28) Physician Assistant Fund.

20(29) Board of Podiatric Medicine Fund.

21(30) Psychology Fund.

22(31) Respiratory Care Fund.

23(32) Speech-Language Pathology and Audiology and Hearing
24Aid Dispensers Fund.

25(33) Board of Registered Nursing Fund.

26(34) Psychiatric Technician Examiners Account of the
27Vocational Nursing and Psychiatric Technicians Fund.

28(35) Animal Health Technician Examining Committee Fund.

29(36) State Dental Hygiene Fund.

30(37) State Dental Assistant Fund.

31(38) Structural Pest Control Fund.

32(39) Structural Pest Control Eradication and Enforcement Fund.

33(40) Structural Pest Control Research Fund.

34(b) For accounting and recordkeeping purposes, the Professions
35and Vocations Fund shall be deemed to be a single special fund,
36and each of the several special funds therein shall constitute and
37be deemed to be a separate account in the Professions and
38Vocations Fund. Each account or fund shall be available for
39expenditure only for the purposes as are now or may hereafter be
40provided by law.

begin delete

P6    1(c) This section shall become inoperative on July 1, 2016, and,
2as of January 1, 2017, is repealed.

end delete
begin insert

3(c) This section shall remain in effect only until July 1, 2016,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before July 1, 2016, deletes or extends that date.

end insert
6

SEC. 2.  

Section 205 is added to the Business and Professions
7Code
, to read:

8

205.  

(a) There is in the State Treasury the Professions and
9Vocations Fund. The fund shall consist of the following special
10funds:

11(1) Accountancy Fund.

12(2) California Architects Board Fund.

13(3) Athletic Commission Fund.

14(4) Barbering and Cosmetology Contingent Fund.

15(5) Cemetery Fund.

16(6) Contractors’ License Fund.

17(7) State Dentistry Fund.

18(8) State Funeral Directors and Embalmers Fund.

19(9) Guide Dogs for the Blind Fund.

20(10) Home Furnishings and Thermal Insulation Fund.

21(11) California Architects Board-Landscape Architects Fund.

22(12) Contingent Fund of the Medical Board of California.

23(13) Optometry Fund.

24(14) Pharmacy Board Contingent Fund.

25(15) Physical Therapy Fund.

26(16) Private Investigator Fund.

27(17) Professional Engineer’s, Land Surveyor’s, and Geologist’s
28Fund.

29(18) Consumer Affairs Fund.

30(19) Behavioral Sciences Fund.

31(20) Licensed Midwifery Fund.

32(21) Court Reporters’ Fund.

33(22) Veterinary Medical Board Contingent Fund.

34(23) Vocational Nurses Account of the Vocational Nursing and
35Psychiatric Technicians Fund.

36(24) Electronic and Appliance Repair Fund.

37(25) Dispensing Opticians Fund.

38(26) Acupuncture Fund.

39(27) Physician Assistant Fund.

40(28) Board of Podiatric Medicine Fund.

P7    1(29) Psychology Fund.

2(30) Respiratory Care Fund.

3(31) Speech-Language Pathology and Audiology and Hearing
4Aid Dispensers Fund.

5(32) Board of Registered Nursing Fund.

6(33) Psychiatric Technician Examiners Account of the
7Vocational Nursing and Psychiatric Technicians Fund.

8(34) Animal Health Technician Examining Committee Fund.

9(35) State Dental Hygiene Fund.

10(36) State Dental Assistant Fund.

11(37) Structural Pest Control Fund.

12(38) Structural Pest Control Eradication and Enforcement Fund.

13(39) Structural Pest Control Research Fund.

14(b) For accounting and recordkeeping purposes, the Professions
15and Vocations Fund shall be deemed to be a single special fund,
16and each of the several special funds therein shall constitute and
17be deemed to be a separate account in the Professions and
18Vocations Fund. Each account or fund shall be available for
19expenditure only for the purposes as are now or may hereafter be
20provided by law.

21(c) This section shall become operative on July 1,begin delete 2017.end deletebegin insert 2016.end insert

22

SEC. 3.  

Section 207 of the Business and Professions Code is
23amended to read:

24

207.  

(a) Notwithstanding any other provision of law, the money
25in any fund described in Section 205 that is attributable to
26administrative fines, civil penalties, and criminal penalties imposed
27by a regulating entity, or cost recovery by a regulating entity from
28enforcement actions and case settlements, shall not be continuously
29appropriated. The money in each fund that is not continuously
30appropriated shall be available for expenditure as provided in this
31code only upon appropriation by the Legislature.

32(b) Notwithstanding any other provision of law, the annual
33Budget Act may appropriate, in a single budget item for each
34individual fund described inbegin delete paragraphs (1) to (40), inclusive, ofend delete
35 subdivision (a) of Section 205, the entire amount available for
36expenditure in the budget year for that fund. That appropriation
37may include funds that are continuously appropriated and funds
38that are not continuously appropriated.

begin delete

39(c) This section shall become inoperative on July 1, 2016, and,
40as of January 1, 2017, is repealed.

end delete
begin delete
P8    1

SEC. 4.  

Section 207 is added to the Business and Professions
2Code
, to read:

3

207.  

(a) Notwithstanding any other provision of law, the money
4in any fund described in Section 205 that is attributable to
5administrative fines, civil penalties, and criminal penalties imposed
6by a regulating entity, or cost recovery by a regulating entity from
7enforcement actions and case settlements, shall not be continuously
8appropriated. The money in each fund that is not continuously
9appropriated shall be available for expenditure as provided in this
10code only upon appropriation by the Legislature.

11(b) Notwithstanding any other provision of law, the annual
12Budget Act may appropriate, in a single budget item for each
13individual fund described in paragraphs (1) to (39), inclusive, of
14subdivision (a) of Section 205, the entire amount available for
15 expenditure in the budget year for that fund. That appropriation
16may include funds that are continuously appropriated and funds
17that are not continuously appropriated.

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

end delete
19

begin deleteSEC. 5.end delete
20begin insertSEC. 4.end insert  

Section 5510 of the Business and Professions Code is
21amended to read:

22

5510.  

There is in the Department of Consumer Affairs a
23California Architects Board which consists of 10 members.

24Any reference in law to the California Board of Architectural
25Examiners shall mean the California Architects Board.

26This section shall remain in effect only until January 1, 2020,
27and as of that date is repealed. Notwithstanding any other law, the
28repeal of this section renders the board subject to review by the
29appropriate policy committees of the Legislature.

30

begin deleteSEC. 6.end delete
31begin insertSEC. 5.end insert  

Section 5517 of the Business and Professions Code is
32amended to read:

33

5517.  

The board may appoint a person exempt from civil
34service who shall be designated as an executive officer and who
35shall exercise the powers and perform the duties delegated by the
36board and vested in him or her by this chapter.

37This section shall remain in effect only until January 1, 2020,
38and as of that date is repealed.

39begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 5550.2 is added to the end insertbegin insertBusiness and Professions
40Code
end insert
begin insert, to read:end insert

begin insert
P9    1

begin insert5550.2.end insert  

Notwithstanding subdivision (b) of Section 5552, the
2board may grant eligibility, based on an eligibility point determined
3by the Additional Path to Architectural Licensing Program, for a
4candidate to take the examination for a license to practice
5architecture if he or she is enrolled in an Additional Path to
6Architectural Licensing program that integrates the experience
7and examination components offered by a National Architectural
8Accrediting Board-accredited degree program.

end insert
9

SEC. 7.  

Section 5620 of the Business and Professions Code is
10amended to read:

11

5620.  

The duties, powers, purposes, responsibilities, and
12jurisdiction of the California State Board of Landscape Architects
13that were succeeded to and vested with the Department of
14Consumer Affairs in accordance with Chapter 908 of the Statutes
15of 1994 are hereby transferred to the California Architects Board.
16The Legislature finds that the purpose for the transfer of power is
17to promote and enhance the efficiency of state government and
18that assumption of the powers and duties by the California
19Architects Board shall not be viewed or construed as a precedent
20for the establishment of state regulation over a profession or
21vocation that was not previously regulated by a board, as defined
22in Section 477.

23(a) There is in the Department of Consumer Affairs a California
24Architects Board as defined in Article 2 (commencing with Section
255510) ofbegin delete Chapter 3.end deletebegin insert Chapter 3 of Division 3.end insert

26Whenever in this chapter “board” is used, it refers to the
27California Architects Board.

28(b) Except as provided herein, the board may delegate its
29authority under this chapter to the Landscape Architects Technical
30Committee.

31(c) After review of proposed regulations, the board may direct
32the examining committee to notice and conduct hearings to adopt,
33amend, or repeal regulations pursuant to Section 5630, provided
34that the board itself shall take final action to adopt, amend, or
35repeal those regulations.

36(d) The board shall not delegate its authority to discipline a
37landscape architect or to take action against a person who has
38violated this chapter.

39(e) This section shall remain in effect only until January 1, 2020,
40and as of that date is repealed.

P10   1

SEC. 8.  

Section 5621 of the Business and Professions Code is
2amended to read:

3

5621.  

(a) There is hereby created within the jurisdiction of the
4board, a Landscape Architects Technical Committee, hereinafter
5referred to in this chapter as the landscape architects committee.

6(b) The landscape architects committee shall consist of five
7members who shall be licensed to practice landscape architecture
8in this state. The Governor shall appoint three of the members.
9The Senate Committee on Rules and the Speaker of the Assembly
10shall appoint one member each.

11(c) The initial members to be appointed by the Governor are as
12follows: one member for a term of one year; one member for a
13term of two years; and one member for a term of three years. The
14Senate Committee on Rules and the Speaker of the Assembly shall
15initially each appoint one member for a term of four years.
16Thereafter, appointments shall be made for four-year terms,
17expiring on June 1 of the fourth year and until the appointment
18and qualification of his or her successor or until one year shall
19have elapsed, whichever first occurs. Vacancies shall be filled for
20the unexpired term.

21(d) No person shall serve as a member of the landscape
22architects committee for more than two consecutive terms.

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

25

SEC. 9.  

Section 5622 of the Business and Professions Code is
26amended to read:

27

5622.  

(a) The landscape architects committee may assist the
28board in the examination of candidates for a landscape architect’s
29license and, after investigation, evaluate and make
30recommendations regarding potential violations of this chapter.

31(b) The landscape architects committee may investigate, assist,
32and make recommendations to the board regarding the regulation
33of landscape architects in this state.

34(c) The landscape architects committee may perform duties and
35functions that have been delegated to it by the board pursuant to
36Section 5620.

37(d) The landscape architects committee may send a
38representative to all meetings of the full board to report on the
39committee’s activities.

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

3

SEC. 10.  

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

5

6710.  

(a) There is in the Department of Consumer Affairs a
6Board for Professional Engineers, Land Surveyors, and Geologists,
7which consists of 15 members.

8(b) Any reference in any law or regulation to the Board of
9Registration for Professional Engineers and Land Surveyors, or
10the Board for Professional Engineers and Land Surveyors, is
11deemed to refer to the Board for Professional Engineers, Land
12Surveyors, and Geologists.

13(c) This section shall remain in effect only until January 1, 2020,
14and as of that date is repealed. Notwithstanding any other law, the
15repeal of this section renders the board subject to review by the
16appropriate policy committees of the Legislature.

17

SEC. 11.  

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

19

6714.  

The board shall appoint an executive officer at a salary
20to be fixed and determined by the board with the approval of the
21Director of Finance.

22This section shall remain in effect only until January 1, 2020,
23and as of that date is repealed.

24

SEC. 12.  

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

26

6749.  

(a) A professional engineer shall use a written contract
27when contracting to provide professional engineering services to
28a client pursuant to this chapter. The written contract shall be
29executed by the professional engineer and the client or the client’s
30representative prior to the professional engineer commencing work,
31unless the client knowingly states in writing that work may be
32commenced before the contract is executed. The written contract
33shall include, but not be limited to, all of the following:

34(1) A description of the services to be provided to the client by
35the professional engineer.

36(2) A description of any basis of compensation applicable to
37the contract, and the method of payment agreed upon by the parties.

38(3) The name, address, and license or certificate number of the
39professional engineer, and the name and address of the client.

P12   1(4) A description of the procedure that the professional engineer
2and the client will use to accommodate additional services.

3(5) A description of the procedure to be used by both parties to
4terminate the contract.

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

6(1) Professional engineering services rendered by a professional
7engineer for which the client will not pay compensation.

8(2) A professional engineer who has a current or prior
9contractual relationship with the client to provide engineering
10services, and that client has paid the professional engineer all of
11the fees that are due under the contract.

12(3) If the client knowingly states in writing after full disclosure
13of this section that a contract which complies with the requirements
14of this section is not required.

15(4) Professional engineering services rendered by a professional
16engineer to any of the following:

17(A) A professional engineer licensed or registered under this
18chapter.

19(B) A land surveyor licensed under Chapter 15 (commencing
20with Section 8700).

21(C) An architect licensed under Chapter 3 (commencing with
22Section 5500).

23(D) A contractor licensed under Chapter 9 (commencing with
24Section 7000).

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

27(F) A manufacturing, mining, public utility, research and
28development, or other industrial corporation, if the services are
29provided in connection with or incidental to the products, systems,
30or services of that corporation or its affiliates.

31(G) A public agency.

32(c) “Written contract” as used in this section includes a contract
33that is in electronic form.

34

SEC. 13.  

Section 6775.2 is added to the Business and
35Professions Code
, to read:

36

6775.2.  

(a) The failure of, or refusal by, a licensee or a
37certificate holder to respond to a written request from a
38representative of the board to cooperate in the investigation of a
39complaint against that licensee or certificate holder constitutes a
40cause for disciplinary action under Section 6775 or 6775.1.

P13   1(b) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed.

3

SEC. 14.  

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

5

6797.  

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

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

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

begin delete

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

end delete
begin insert

21(d) This section shall remain in effect only until July 1, 2016,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before July 1, 2016, deletes or extends that date.

end insert
24

SEC. 15.  

Section 6797 is added to the Business and Professions
25Code
, to read:

26

6797.  

(a) The department shall receive and account for all
27money derived from the operation of this chapter and, at the end
28of each month, shall report such money to thebegin delete Stateend delete Controller and
29shall pay it to thebegin delete Stateend delete Treasurer, who shall keep the money in a
30separate fund known as the Professional Engineer’s, Land
31Surveyor’s, and Geologist’s Fund.

32(b) For accounting and recordkeeping purposes, the Professional
33Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
34deemed to be a single special fund, and shall be available for
35 expenditure only for the purposes as are now or may hereafter be
36provided by law.

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

P14   1(d) This section shall become operative on July 1, 2016.

2

SEC. 16.  

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

4

7839.2.  

(a) A professional geologist or professional
5geophysicist shall use a written contract when contracting to
6provide geological or geophysical services to a client pursuant to
7this chapter. The written contract shall be executed by the
8professional geologist or professional geophysicist and the client
9or the client’s representative prior to the professional geologist or
10professional geophysicist commencing work, unless the client
11states in writing that work may be commenced before the contract
12is executed. The written contract shall include, but is not limited
13to, all of the following:

14(1) A description of the services to be provided to the client by
15the professional geologist or professional geophysicist.

16(2) A description of any basis of compensation applicable to
17the contract, and the method of payment agreed upon by the parties.

18(3) The name, address, and license or certificate number of the
19professional geologist or professional geophysicist, and the name
20and address of the client.

21(4) A description of the procedure that the professional geologist
22or professional geophysicist and the client will use to accommodate
23additional services.

24(5) A description of the procedure to be used by both parties to
25terminate the contract.

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

27(1) Geologic or geophysical services rendered by a professional
28geologist or professional geophysicist for which the client will not
29pay compensation.

30(2) A geologist or geophysicist who has a current or prior
31contractual relationship with the client to provide geologic or
32geophysical services, and who has already been paid the fees that
33are due under the contract by the client.

34(3) If the client executes a waiver in writing after full disclosure
35of this section that a contract that complies with the requirements
36of this section is not required.

37(4) Geological or geophysical services rendered by a geologist
38or geophysicist to any of the following:

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

P15   1(B) An engineer licensed under Chapter 7 (commencing with
2Section 6700).

3(C) A land surveyor licensed under Chapter 15 (commencing
4with Section 8700).

5(D) An architect licensed under Chapter 3 (commencing with
6Section 5500).

7(E) A contractor licensed under Chapter 9 (commencing with
8Section 7000).

9(F) A public agency.

10(c) As used in this section, “written contract” includes a contract
11in electronic form.

12

SEC. 17.  

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

14

7841.  

An applicant for licensure as a geologist shall have all
15the following qualifications:

16(a) Not have committed any acts or crimes constituting grounds
17for denial of licensure under Section 480.

18(b) Graduation from a college or university with a major in
19geological sciences or any other discipline that, in the opinion of
20the board, is relevant to geology.

21(c) Have a documented record of a minimum of five years of
22professional geological experience of a character satisfactory to
23the board, demonstrating that the applicant is qualified to assume
24responsible charge of this work upon licensure as a geologist. This
25experience shall be gained under the supervision of a geologist or
26geophysicist licensed in this or any other state, or under the
27supervision of others who, in the opinion of the board, have the
28training and experience to have responsible charge of geological
29work. Professional geological work does not include routine
30sampling, laboratory work, or geological drafting.

31Each year of undergraduate study in the geological sciences shall
32count as one-half year of training up to a maximum of two years,
33and each year of graduate study or research counts as a year of
34training.

35Teaching in the geological sciences at college level shall be
36credited year for year toward meeting the requirement in this
37category, provided that the total teaching experience includes six
38semester units per semester, or equivalent if on the quarter system,
39of upper division or graduate courses.

P16   1Credit for undergraduate study, graduate study, and teaching,
2individually, or in any combination thereof, shall in no case exceed
3a total of three years towards meeting the requirement for at least
4five years of professional geological work as set forth above.

5The ability of the applicant shall have been demonstrated by the
6applicant having performed the work in a responsible position, as
7the term “responsible position” is defined in regulations adopted
8by the board. The adequacy of the required supervision and
9experience shall be determined by the board in accordance with
10standards set forth in regulations adopted by it.

11(d) Successfully pass a written examination that incorporates a
12national examination for geologists created by a nationally
13recognized entity approved by the board, and a supplemental
14California specific examination. The California specific
15examination shall test the applicant’s knowledge of state laws,
16 rules and regulations, and of seismicity and geology unique to
17practice within this state.

18

SEC. 18.  

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

20

7841.1.  

An applicant for licensure as a geophysicist shall have
21all of the following qualifications. This section shall not apply to
22applicants for licensure as geologists.

23(a) Not have committed any acts or crimes constituting grounds
24for denial of licensure under Section 480.

25(b) Meet one of the following educational requirements fulfilled
26at a school or university whose curricula meet criteria established
27by rules of the board.

28(1) Graduation with a major in a geophysical science or any
29other discipline that, in the opinion of the board, is relevant to
30geophysics.

31(2) Completion of a combination of at least 30 semester hours,
32or the equivalent, in courses that, in the opinion of the board, are
33relevant to geophysics. At least 24 semester hours, or the
34equivalent, shall be in the third or fourth year, or graduate courses.

35(c) Have at least seven years of professional geophysical work
36that shall include either a minimum of three years of professional
37geophysical work under the supervision of a professional
38geophysicist, except that prior to July 1, 1973, professional
39geophysical work shall qualify under this subdivision if it is under
40the supervision of a qualified geophysicist, or a minimum of five
P17   1years’ experience in responsible charge of professional geophysical
2work. Professional geophysical work does not include the routine
3maintenance or operation of geophysical instruments, or, even if
4carried out under the responsible supervision of a professional
5geophysicist, the routine reduction or plotting of geophysical
6observations.

7Each year of undergraduate study in the geophysical sciences
8referred to in this section shall count as one-half year of training
9up to a maximum of two years, and each year of graduate study
10or research counts as a year of training.

11Teaching in the geophysical sciences referred to in this section
12at a college level shall be credited year for year toward meeting
13the requirement in this category, provided that the total teaching
14experience includes six semester units per semester, or equivalent
15if on the quarter system, of third or fourth year or graduate courses.

16Credit for undergraduate study, graduate study, and teaching,
17individually, or in any combination thereof, shall in no case exceed
18a total of four years towards meeting the requirements for at least
19seven years of professional geophysical work as set forth above.

20The ability of the applicant shall have been demonstrated by his
21or her having performed the work in a responsible position, as the
22term “responsible position” is defined in regulations adopted by
23the board. The adequacy of the required supervision and experience
24shall be determined by the board in accordance with standards set
25forth in regulations adopted by it.

26(d) Successfully pass a written examination.

27

SEC. 19.  

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

29

7841.2.  

An applicant for certification as a geologist-in-training
30shall comply with all of the following:

31(a) Not have committed acts or crimes constituting grounds for
32denial of certification under Section 480.

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

34(c) Graduation from a college or university with a major in
35geological sciences or any other discipline that, in the opinion of
36the board, is relevant to geology.

37

SEC. 20.  

Section 7860.2 is added to the Business and
38Professions Code
, to read:

39

7860.2.  

(a) The failure of, or refusal by, a licensee or a
40certificate holder to respond to a written request from a
P18   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 Sectionbegin delete 7860 or 7860.1.end deletebegin insert 7860.end insert

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

6

SEC. 21.  

Section 7885 of the Business and Professions Code
7 is amended to read:

8

7885.  

(a) The board shall report each month to the State
9Controller the amount and source of all revenue received by it
10pursuant to this chapter and at the same time pay the entire amount
11thereof into the State Treasury for credit to the Geology and
12Geophysics Account, which is hereby created within the
13Professional Engineer’s and Land Surveyor’s Fund established in
14Section 6797.

15(b) All moneys in the Geology and Geophysics Fund on January
161, 2012, shall be transferred on that date to the Geology and
17Geophysics Account of the Professional Engineer’s and Land
18Surveyor’s Fund.

begin delete

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

end delete
begin insert

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

end insert
24

SEC. 22.  

Section 7886 of the Business and Professions Code
25 is amended to read:

26

7886.  

(a) 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.

begin delete

30(b) This section shall become inoperative on July 1, 2016, and,
31as of January 1, 2017, is repealed.

end delete
begin insert

32(b) This section shall remain in effect only until July 1, 2016,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before July 1, 2016, deletes or extends that date.

end insert
35

SEC. 23.  

Section 7886 is added to the Business and Professions
36Code
, to read:

37

7886.  

(a) The department shall receive and account for all
38money derived under the operation of this chapter and, at the end
39of each month, shall report such money to the Controller and shall
40pay it to the Treasurer, who shall keep the money in a separate
P19   1fund known as the Professional Engineer’s, Land Surveyor’s, and
2Geologist’s Fund.

3(b) For accounting and recordkeeping purposes, the Professional
4Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
5deemed to be a single special fund and shall be available for
6expenditure only for the purposes as are now or may hereafter be
7provided by law.

8(c) The fees and civil penalties received under this chapter shall
9be deposited in the Professional Engineer’s, Land Surveyor’s, and
10Geologist’s Fund. All moneys in the fund are hereby appropriated
11for the purposes of this chapter.

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

13

SEC. 24.  

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

15

8710.  

(a) The Board for Professional Engineers, Land
16Surveyors, and Geologists is vested with power to administer the
17provisions and requirements of this chapter, and may make and
18enforce rules and regulations that are reasonably necessary to carry
19out its provisions.

20(b) The board may adopt rules and regulations of professional
21conduct that are not inconsistent with state and federal law. The
22rules and regulations may include definitions of incompetence and
23negligence. Every person who holds a license or certificate issued
24by the board pursuant to this chapter, or a license or certificate
25issued to a civil engineer pursuant to Chapter 7 (commencing with
26Section 6700), shall be governed by these rules and regulations.

27(c) This section shall remain in effect only until January 1, 2020,
28and as of that date is repealed. Notwithstanding any other law, the
29repeal of this section renders the board subject to review by the
30appropriate policy committees of the Legislature.

31

SEC. 25.  

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

33

8759.  

(a) A licensed land surveyor or licensed civil engineer
34authorized to practice land surveying shall use a written contract
35when contracting to provide professional services to a client
36pursuant to this chapter. The written contract shall be executed by
37the licensed land surveyor or licensed civil engineer and the client
38or the client’s representative prior to the licensed land surveyor or
39licensed civil engineer commencing work, unless the client
40knowingly states in writing that work may be commenced before
P20   1the contract is executed. The written contract shall include, but
2not be limited to, all of the following:

3(1) A description of the services to be provided to the client by
4the licensed land surveyor or licensed civil engineer.

5(2) A description of any basis of compensation applicable to
6the contract, and the method of payment agreed upon by the parties.

7(3) The name, address, and license or certificate number of the
8licensed land surveyor or licensed civil engineer, and the name
9and address of the client.

10(4) A description of the procedure that the licensed land surveyor
11or licensed civil engineer and the client will use to accommodate
12additional services.

13(5) A description of the procedure to be used by both parties to
14terminate the contract.

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

16(1) Professional land surveying services rendered by a licensed
17land surveyor or licensed civil engineer for which the client will
18not pay compensation.

19(2) A licensed land surveyor or licensed civil engineer who has
20a current or prior contractual relationship with the client to provide
21professional services pursuant to this chapter, and that client has
22paid the licensed land surveyor or licensed civil engineer all of the
23fees that are due under the contract.

24(3) If the client knowingly states in writing after full disclosure
25of this section that a contract which complies with the requirements
26of this section is not required.

27(4) Professional services rendered by a licensed land surveyor
28or a licensed civil engineer to any of the following:

29(A) A professional engineer licensed under Chapter 7
30(commencing with Section 6700).

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

32(C) An architect licensed under Chapter 3 (commencing with
33Section 5500).

34(D) A contractor licensed under Chapter 9 (commencing with
35Section 7000).

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

38(F) A manufacturing, mining, public utility, research and
39development, or other industrial corporation, if the services are
P21   1provided in connection with or incidental to the products, systems,
2or services of that corporation or its affiliates.

3(G) A public agency.

4(c) “Written contract” as used in this section includes a contract
5that is in electronic form.

6

SEC. 26.  

Section 8780.2 is added to the Business and
7Professions Code
, to read:

8

8780.2.  

(a) The failure of, or refusal by, a licensee or a
9certificate holder to respond to a written request from a
10representative of the board to cooperate in the investigation of a
11complaint against that licensee or certificate holder constitutes a
12cause for disciplinary action under Section 8780 or 8780.1.

13(b) This section shall remain in effect only until January 1, 2020,
14and as of that date is repealed.

15

SEC. 27.  

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

17

8800.  

(a) The department shall receive and account for all
18money derived under the operation of this chapter and, at the end
19of each month, shall report such money to thebegin delete Stateend delete Controller and
20shall pay it to thebegin delete Stateend delete Treasurer, who shall keep the money in a
21separate fund known as the Professional Engineer’s and Land
22Surveyor’s Fund.

23(b) For accounting and recordkeeping purposes, the Professional
24Engineer’s and Land Surveyor’s Fund shall be deemed to be a
25single special fund, and shall be available for expenditure only for
26the purposes as are now or may hereafter be provided by law.

27(c) The fees and civil penalties received under this chapter shall
28be deposited in the Professional Engineer’s and Land Surveyor’s
29Fund. All moneys in the fund are hereby appropriated for the
30purposes of this chapter.

begin delete

31(d) This section shall become inoperative on July 1, 2016, and,
32as of January 1, 2017, is repealed.

end delete
begin insert

33(d) This section shall remain in effect only until July 1, 2016,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before July 1, 2016, deletes or extends that date.

end insert
36

SEC. 28.  

Section 8800 is added to the Business and Professions
37Code
, to read:

38

8800.  

(a) The department shall receive and account for all
39money derived under the operation of this chapter and, at the end
40of each month, shall report such money to thebegin delete Stateend delete Controller and
P22   1shall pay it to thebegin delete Stateend delete Treasurer, who shall keep the money in a
2separate fund known as the Professional Engineer’s, Land
3Surveyor’s, and Geologist’s Fund.

4(b) For accounting and recordkeeping purposes, the Professional
5Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
6deemed to be a single special fund, and shall be available for
7 expenditure only for the purposes as are now or may hereafter be
8provided by law.

9(c) The fees and civil penalties received under this chapter shall
10be deposited in the Professional Engineer’s, Land Surveyor’s, and
11Geologist’s Fund. All moneys in the fund are hereby appropriated
12for the purposes of this chapter.

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



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