Bill Text: CA SB1467 | 2013-2014 | Regular Session | Chaptered
Bill Title: Professions and vocations.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2014-09-17 - Chaptered by Secretary of State. Chapter 400, Statutes of 2014. [SB1467 Detail]
Download: California-2013-SB1467-Chaptered.html
BILL NUMBER: SB 1467 CHAPTERED
BILL TEXT
CHAPTER 400
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2014
APPROVED BY GOVERNOR SEPTEMBER 17, 2014
PASSED THE SENATE AUGUST 22, 2014
PASSED THE ASSEMBLY AUGUST 20, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 16, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE MAY 1, 2014
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Lieu (Chair), Berryhill, Block, Corbett,
Galgiani, Hernandez, Hill, Padilla, and Wyland)
MARCH 25, 2014
An act to amend Sections 5000, 5070, 5070.5, 5093, 5096, 5096.4,
6730.2, 6735, 6759, 7842, 7860, 8771, 17901, 17913, 17914, 17916, and
22454 of, and to add Sections 7864 and 8725.1 to, the Business and
Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1467, Committee on Business, Professions and Economic
Development. Professions and vocations.
(1) Under existing law, the California Board of Accountancy
licenses and regulates accountants. The board consists of 15 members,
and of those the Governor is required to appoint 7 members who are
licensees representing a cross section of the accounting profession
with at least 2 members representing a small public professional
firm, as defined. Existing law prohibits a person from engaging in
the practice of public accountancy in this state unless he or she
holds either a valid permit issued by the board or a practice
privilege, as specified. Existing law requires an applicant for
registration to furnish satisfactory evidence that the applicant is
entitled to registration.
This bill would delete the requirement that 2 of the board members
represent a small public professional firm. The bill would authorize
the board to collect, but not require, a valid electronic mail
address at the time of application for, or renewal of, a certified
public accountant license. The bill would provide that these
electronic mail addresses shall not be considered public records and
would prohibit these electronic mail addresses from being disclosed
pursuant to specified provisions of law, unless required pursuant to
a court order.
Existing law sets forth education, examination, and experience
requirements for a certified public accountant license, and requires
an applicant to show, to the satisfaction of the board, that he or
she has one year of qualifying experience, including any type of
service or advice involving the use of accounting, attest,
compilation, management advisory, financial advisory, tax, or
consulting skills. Existing law requires the experience to have been
performed in accordance with applicable professional standards in
order to qualify, and to be completed under the supervision or in the
employ of a person licensed to engage in the practice of public
accountancy, as specified.
This bill would authorize the board, by regulation, to allow
experience in academia to satisfy the one-year requirement described
above.
Existing law, until January 1, 2019, authorizes an individual
whose principal place of business is not in this state and who has a
valid and current license, certificate, or permit to practice public
accountancy from another state to engage in the practice of public
accountancy in this state under a practice privilege without
obtaining a certificate or license, if certain conditions are met.
Existing law subjects an individual who holds a practice privilege to
certain requirements, including, among others, that the individual
shall notify the board of any pending criminal charges, other than a
minor traffic violation, in any jurisdiction.
This bill would instead subject an individual holding and
exercising a practice privilege in this state to the requirements
described above. The bill would also require the individual to report
the criminal charges described above to the board in writing within
30 days of the date the individual has knowledge of those charges.
Existing law, until January 1, 2019, authorizes the board to
administratively suspend an individual's right to practice in this
state under a practice privilege at any time by an order issued by
the board or its executive officer, without prior notice or hearing,
for the purpose of conducting a disciplinary investigation,
proceeding, or inquiry concerning the representations made in the
notice, the individual's competence or qualifications to practice
under practice privileges, failure to timely respond to a board
inquiry or request for information or documents, or under other
conditions and circumstances provided for by board regulation.
Existing law, beginning January 1, 2019, additionally requires the
board to consult the Public Company Accounting Oversight Board
(PCAOB) and the United States Securities and Exchange Commission on
an every 6-month basis to identify out-of-state licensees who may
have disqualifying conditions or may be obliged to cease practice,
and to disclose whether those out-of-state licensees are lawfully
permitted to exercise the privilege. Existing law provides that
disclosure of this information is not to be considered discipline.
This bill would instead require the board to consult with the
PCAOB and the United States Securities and Exchange Commission at
least once every 6 months, as specified, until January 1, 2019, and
would delete those provisions after that date.
This bill would make technical, nonsubstantive changes, and would
delete an obsolete provision.
(2) The Professional Engineers Act provides for the regulation and
licensure of professional engineers by the Board for Professional
Engineers, Land Surveyors, and Geologists. Existing law requires all
civil engineering plans, calculations, specifications, and reports to
be prepared by, or under the responsible charge of, a licensed civil
engineer, as specified.
This bill would require all civil engineering plans, calculations,
specifications, and reports for the construction of all hospitals
and other medical facilities having surgery and emergency treatment
areas to be prepared by, or under the responsible charge of, a
licensed civil engineer who is also licensed as a structural
engineer. The bill would require that all civil engineering plans,
calculations, specifications, and reports for the construction of all
public school structures be prepared by, or under the responsible
charge of, a licensed architect holding a valid certificate or a
licensed civil engineer who is also licensed as a structural
engineer.
Existing law requires an applicant for registration as a
professional engineer, among other things, to furnish evidence of 6
years or more of qualifying experience in engineering work, as
specified, and to successfully pass the second division of the
licensure examination. Existing law authorizes the board to issue a
certificate of registration as a professional engineer, without a
written examination, to a person holding a certificate of
registration issued by another state or country if the applicant's
qualifications meet the requirements of the act. For purposes of
these provisions, the act requires equivalent second division
examinations to be 8-hour written examinations prepared or
administered by a state or territory, as specified.
This bill would delete the requirement that an equivalent second
division examination be an 8-hour examination.
(3) Under the Geologist and Geophysicist Act, the Board for
Professional Engineers, Land Surveyors, and Geologists registers and
regulates professional geologists and professional geophysicists and
certifies applicants in specialties in geology and
geologists-in-training. Existing law requires an applicant seeking
certification as a petroleum geologist to meet certain requirements
including, among other things, having performed a minimum of 3 years
of professional geological work under the supervision of a registered
petroleum engineer.
This bill would delete the provisions relating to petroleum
geologists described above. The bill would also make technical,
nonsubstantive changes to one of these provisions.
Existing law, under the Geologist and Geophysicist Act, sets forth
procedures for the discipline of a registrant or certificate holder,
as specified, subject to provisions governing administrative
proceedings.
This bill would set forth additional procedures that would apply
to a registrant or certificate holder who has been subject to
discipline and who petitions the board for reinstatement or
modification of penalty, as specified.
(4) Existing law, the Professional Land Surveyors' Act, provides
for the licensing and regulation of professional land surveyors by
the Board for Professional Engineers, Land Surveyors, and Geologists.
The act requires that land survey monuments be set sufficient in
number and durability and efficiently placed so as not to be readily
disturbed and to ensure the perpetuation or easy reestablishment of a
survey point or line. The act makes a violation of its provisions a
misdemeanor.
The Professional Engineers Act provides for the licensing and
regulation of professional engineers by the Board for Professional
Engineers, Land Surveyors, and Geologists. The act states the intent
of the Legislature that the act's registration requirements that are
imposed on private professional engineers are also imposed on public
entities and requires that at least one registered engineer be
designated the person in responsible charge of professional
engineering work for each branch of professional engineering
practiced in any department or agency of the state, city, county, or
city and county. The act makes a violation of its provisions a
misdemeanor.
This bill would require that at least one person authorized to
practice land surveying be designated the person in responsible
charge of professional land surveying work practiced in any
department or agency of the state, city, county, city and county,
district, or special district. The bill would revise nomenclature
associated with actions that affect land survey monuments. The bill
would require that the governmental agency performing or permitting
construction or maintenance work be responsible for ensuring that the
landowner or governmental agency performing the work provides for
monument perpetuation. The bill would require that the designated
person in responsible charge of professional civil engineering work
for a governmental entity, pursuant to the Professional Engineers
Act, be responsible for the requirements associated with monuments
under the Professional Land Surveyors' Act, as described above. By
creating new duties for local officials and expanding the definition
of a crime, the bill would impose a state-mandated local program.
(5) Existing law requires a person transacting business in the
state under a fictitious name, as defined, to file with the county
clerk of the county where the business is located a statement
including specified information and to declare that the information
is true and correct. Existing law requires that a registrant or an
agent filing on behalf of a registrant present a California driver's
license or other personal government identification acceptable to the
county clerk to adequately determine the registrant's identity or
agent's identity, as specified. Existing law authorizes the county
clerk to require the registrant to complete and sign an affidavit of
identity statement on a form prescribed by the county clerk, and to
require an agent submitting the filings on behalf of a registrant to
also complete and sign an affidavit of identity statement declaring
that the registrant has authorized the agent to make the filings on
behalf of the registrant. Existing law requires a registrant that is
a corporation, limited liability company, or limited liability
partnership, and that is required by the county clerk to file an
affidavit of identity statement, to submit with its affidavit a
certificate of status issued by the Secretary of State certifying to
that business entity's existence and good standing.
This bill would instead authorize the county clerk to require a
registrant that is a corporation, limited partnership, limited
liability company, or limited liability partnership to submit
documentary evidence issued by the Secretary of State indicating the
current existence and good standing of that business entity, deemed
acceptable by the county clerk, with a notarized affidavit of
identity. The bill would further authorize the county clerk to
require an agent filing on behalf of the registrant to submit a
notarized statement signed by the registrant declaring the registrant
has authorized the agent to submit the filing. The bill would also
make clarifying changes to these provisions.
(6) Existing law defines and regulates the activities of
professional photocopiers, as defined. Existing law requires a
professional photocopier to be registered by the county clerk, and
provides that a certificate of registration is effective for a 2-year
period. Existing law also requires at least one person involved in
the management of a professional photocopier to be a licensed notary
public. Failure to comply with these provisions is a misdemeanor.
This bill would require the notary commission to remain valid
during the 2-year period that the professional photocopier's
certificate of registration is effective. The bill would also require
the registrant to notify the county clerk and provide an updated
valid notary commission if the commission expires prior to the
expiration of the certificate of registration. By expanding a crime,
the bill would create a state-mandated local program.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(8) Existing constitutional provisions require that a statute that
limits the right of access to meetings of public bodies or the
writings of public officials and agencies be adopted with findings
and declarations demonstrating the interest protected by that
limitation and the need for protecting that interest.
This bill would make a legislative finding and declaration
relating to the necessity of treating as confidential electronic mail
addresses provided to the California Board of Accountancy in order
to protect the privacy of those individuals applying for a certified
public accountant license.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that in order to
protect the privacy of those individuals applying for a certified
public accountant license, it is necessary that electronic mail
addresses provided to the California Board of Accountancy pursuant to
Sections 3 and 4 of this act be confidential.
SEC. 2. Section 5000 of the Business and Professions Code is
amended to read:
5000. (a) There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, 7 of
whom shall be licensees, and 8 of whom shall be public members who
shall not be licentiates of the board or registered by the board. The
board has the powers and duties conferred by this chapter.
(b) The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
two public members. In appointing the seven licensee members, the
Governor shall appoint individuals representing a cross section of
the accounting profession.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(d) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature. However, the review of the
board shall be limited to reports or studies specified in this
chapter and those issues identified by the appropriate policy
committees of the Legislature and the board regarding the
implementation of new licensing requirements.
SEC. 3. Section 5070 of the Business and Professions Code is
amended to read:
5070. (a) Permits to engage in the practice of public accountancy
in this state shall be issued by the board only to holders of the
certificate of certified public accountant issued under this chapter
and to those partnerships, corporations, and other persons who, upon
application approved by the board, are registered with the board
under this chapter. Notwithstanding any other law, the board may
register an entity organized and authorized to practice public
accountancy under the laws of another state for the purpose of
allowing that entity to satisfy the registration requirement set
forth in Section 5096.12, if (1) the certified public accountants
providing services in California qualify for the practice privilege,
and (2) the entity satisfies all other requirements to register in
this state, other than its form of legal organization.
(b) All applicants for registration shall furnish satisfactory
evidence that the applicant is entitled to registration and shall pay
the fee as provided in Article 8 (commencing with Section 5130).
Every partnership, corporation, and other person to whom a permit is
issued shall, in addition to any other fee that may be payable, pay
the initial permit fee provided in Article 8 (commencing with Section
5130).
(c) The board may collect, but shall not require, a valid
electronic mail address at the time of application for a certified
public accountant license. In the interest of protecting an applicant'
s privacy, the electronic mail address shall not be considered a
public record and shall not be disclosed pursuant to Section 27 or
pursuant to a request under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), unless required pursuant to a court order by
a court of competent jurisdiction.
(d) Each partnership, corporation, and other person issued a
permit by the board to practice as a certified public accountant or
as a public accountant shall be furnished with a suitable certificate
evidencing that registration.
SEC. 4. Section 5070.5 of the Business and Professions Code is
amended to read:
5070.5. (a) (1) A permit issued under this chapter to a certified
public accountant or a public accountant expires at 12 midnight on
the last day of the month of the legal birthday of the licensee
during the second year of a two-year term if not renewed.
(2) To renew an unexpired permit, a permitholder shall, before the
time at which the permit would otherwise expire, apply for renewal
on a form prescribed by the board, pay the renewal fee prescribed by
this chapter, and give evidence satisfactory to the board that he or
she has complied with the continuing education provisions of this
chapter.
(3) The board may collect, but shall not require, a valid
electronic mail address on the renewal form described in paragraph
(1). In the interest of protecting an applicant's privacy, the
electronic mail address shall not be considered a public record and
shall not be disclosed pursuant to Section 27 or pursuant to a
request under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), unless required pursuant to a court order by a
court of competent jurisdiction.
(b) A permit to practice as an accountancy partnership or an
accountancy corporation expires at 12 midnight on the last day of the
month in which the permit was initially issued during the second
year of a two-year term if not renewed. To renew an unexpired permit,
the permitholder shall, before the time at which the permit would
otherwise expire, apply for renewal on a form prescribed by the
board, pay the renewal fee prescribed by this chapter, and provide
evidence satisfactory to the board that the accountancy partnership
or accountancy corporation is in compliance with this chapter.
SEC. 5. Section 5093 of the Business and Professions Code is
amended to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under this section shall present satisfactory
evidence that the applicant has completed a baccalaureate or higher
degree conferred by a degree-granting university, college, or other
institution of learning accredited by a regional or national
accrediting agency included in a list of these agencies published by
the United States Secretary of Education under the requirements of
the federal Higher Education Act of 1965 as amended (20 U.S.C. Sec.
1001 et seq.), or meeting, at a minimum, the standards described in
subdivision (c) of Section 5094. The total educational program shall
include a minimum of 24 semester units in accounting subjects and 24
semester units in business-related subjects. This evidence shall be
provided at the time of application for admission to the examination,
except that an applicant who applied, qualified, and sat for at
least two subjects of the examination for the certified public
accountant license before May 15, 2002, may provide this evidence at
the time of application for licensure.
(A) An applicant enrolled in a program at an institution as
described in this paragraph that grants conferral of a baccalaureate
degree upon completion of the 150 semester units required by
paragraph (2) of this subdivision may satisfy the requirements of
this paragraph if the applicant's institution mails the applicant's
official transcript or its equivalent together or separately with a
letter signed by the institution's registrar, or its equivalent,
directly to the board pursuant to subdivision (c) of Section 5094.
The letter shall include all of the following:
(i) A statement that the applicant is enrolled and in good
standing in a program that will result in the conferral of a
baccalaureate degree upon completion of either a master's degree or
the 150 semester units required by paragraph (2) of this subdivision.
(ii) A statement that the applicant has completed all
requirements, including general education and elective requirements,
for a baccalaureate degree and the only reason the college or
university has yet to confer the degree is because the applicant is
enrolled in a program that confers a baccalaureate degree upon
completion of either a master's degree or the 150 semester units
required by paragraph (2) of this subdivision.
(iii) The date on which the applicant met all of the college's or
university's requirements for conferral of a baccalaureate degree.
(B) The total educational program for an applicant described in
subparagraph (A) shall include a minimum of 24 semester units in
accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
applied, qualified, and sat for at least two subjects of the
examination for the certified public accountant license before May
15, 2002, may provide this evidence at the time of application for
licensure.
(2) An applicant for issuance of the certified public accountant
license under this section shall present satisfactory evidence that
the applicant has completed at least 150 semester units of college
education, including a baccalaureate or higher degree conferred by a
college or university, meeting, at a minimum, the standards described
in Section 5094, the total educational program to include a minimum
of 24 semester units in accounting subjects, 24 semester units in
business-related subjects, and, after December 31, 2013, shall also
include a minimum of 10 units of ethics study consistent with the
requirements set forth in Section 5094.3 and 20 units of accounting
study consistent with the regulations promulgated under subdivision
(c) of Section 5094.6. This evidence shall be presented at the time
of application for the certified public accountant license. Nothing
in this paragraph shall be deemed inconsistent with Section 5094 or
5094.6. Nothing in this paragraph shall be construed to be
inconsistent with prevailing academic practice regarding the
completion of units.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
(d) (1) The applicant shall show, to the satisfaction of the
board, that the applicant has had one year of qualifying experience.
This experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills.
(2) To be qualifying under this section, experience shall have
been performed in accordance with applicable professional standards.
Experience in public accounting shall be completed under the
supervision or in the employ of a person licensed or otherwise having
comparable authority under the laws of any state or country to
engage in the practice of public accountancy. Experience in private
or governmental accounting or auditing shall be completed under the
supervision of an individual licensed by a state to engage in the
practice of public accountancy.
(3) Notwithstanding paragraph (2), the board may, by regulation,
allow experience in academia to be qualifying under this section.
(e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
(f) An applicant who has successfully passed the examination
requirement specified under Section 5082 on or before December 31,
2013, may qualify for the certified public accountant license without
satisfying the 10 semester units of study set forth in Section
5094.3 or 20 semester units of accounting study consistent with the
regulations promulgated under Section 5094.6, if the applicant
completes all other requirements for the issuance of a license on or
before December 31, 2015.
SEC. 6. Section 5096 of the Business and Professions Code, as
amended by Section 3 of Chapter 319 of the Statutes of 2013, is
amended to read:
5096. (a) An individual whose principal place of business is not
in this state and who has a valid and current license, certificate,
or permit to practice public accountancy from another state may,
subject to the conditions and limitations in this article, engage in
the practice of public accountancy in this state under a practice
privilege without obtaining a certificate or license under this
chapter if the individual satisfies one of the following:
(1) The individual has continually practiced public accountancy as
a certified public accountant under a valid license issued by any
state for at least 4 of the last 10 years.
(2) The individual has a license, certificate, or permit from a
state that has been determined by the board to have education,
examination, and experience qualifications for licensure
substantially equivalent to this state's qualifications under Section
5093.
(3) The individual possesses education, examination, and
experience qualifications for licensure that have been determined by
the board to be substantially equivalent to this state's
qualifications under Section 5093.
(b) The board may designate states as substantially equivalent
under paragraph (2) of subdivision (a) and may accept individual
qualification evaluations or appraisals conducted by designated
entities, as satisfying the requirements of paragraph (3) of
subdivision (a).
(c) An individual who qualifies for the practice privilege under
this section may engage in the practice of public accountancy in this
state, and a notice, fee, or other requirement shall not be imposed
on that individual by the board.
(d) An individual who qualifies for the practice privilege under
this section may perform the following services only through a firm
of certified public accountants that has obtained a registration from
the board pursuant to Section 5096.12:
(1) An audit or review of a financial statement for an entity
headquartered in California.
(2) A compilation of a financial statement when that person
expects, or reasonably might expect, that a third party will use the
financial statement and the compilation report does not disclose a
lack of independence for an entity headquartered in California.
(3) An examination of prospective financial information for an
entity headquartered in California.
(e) An individual who holds a practice privilege under this
article, and is exercising the practice privilege in California:
(1) Is subject to the personal and subject matter jurisdiction and
disciplinary authority of the board and the courts of this state.
(2) Shall comply with the provisions of this chapter, board
regulations, and other laws, regulations, and professional standards
applicable to the practice of public accountancy by the licensees of
this state and to any other laws and regulations applicable to
individuals practicing under practice privileges in this state,
except the individual is deemed, solely for the purpose of this
article, to have met the continuing education requirements and ethics
examination requirements of this state when the individual has met
the examination and continuing education requirements of the state in
which the individual holds the valid license, certificate, or permit
on which the substantial equivalency is based.
(3) Shall not provide public accountancy services in this state
from any office located in this state, except as an employee of a
firm registered in this state. This paragraph does not apply to
public accountancy services provided to a client at the client's
place of business or residence.
(4) Is deemed to have appointed the regulatory agency of the state
that issued the individual's certificate, license, or permit upon
which substantial equivalency is based as the individual's agent on
whom notices, subpoenas, or other process may be served in any action
or proceeding by the board against the individual.
(5) Shall cooperate with any board investigation or inquiry and
shall timely respond to a board investigation, inquiry, request,
notice, demand, or subpoena for information or documents and timely
provide to the board the identified information and documents.
(6) Shall cease exercising the practice privilege in this state if
the regulatory agency in the state in which the individual's
certificate, license, or permit was issued takes disciplinary action
resulting in the suspension or revocation, including stayed
suspension, stayed revocation, or probation of the individual's
certificate, license, or permit, or takes other disciplinary action
against the individual's certificate, license, or permit that arises
from any of the following:
(A) Gross negligence, recklessness, or intentional wrongdoing
relating to the practice of public accountancy.
(B) Fraud or misappropriation of funds.
(C) Preparation, publication, or dissemination of false,
fraudulent, or materially incomplete or misleading financial
statements, reports, or information.
(7) Shall cease exercising the practice privilege in this state if
convicted in any jurisdiction of any crime involving dishonesty,
including, but not limited to, embezzlement, theft, misappropriation
of funds or property, or obtaining money, property, or other valuable
consideration by fraudulent means or false pretenses.
(8) Shall cease exercising the practice privilege if the United
States Securities and Exchange Commission or the Public Company
Accounting Oversight Board bars the individual from practicing before
them.
(9) Shall cease exercising the practice privilege if any
governmental body or agency suspends the right of the individual to
practice before the body or agency.
(10) Shall report to the board in writing any pending criminal
charges, other than for a minor traffic violation, in any
jurisdiction within 30 days of the date the individual has knowledge
of those charges.
(f) An individual who is required to cease practice pursuant to
paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
board within 15 calendar days, on a form prescribed by the board,
and shall not practice public accountancy in this state pursuant to
this section until he or she has received from the board written
permission to do so.
(g) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
subdivision (f) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or (f) shall, for a
minimum of one year from the date the board learns there has been a
violation of subdivision (e) or (f), not practice in this state and
shall not have the possibility of reinstatement during that period.
If the board determines that the failure to cease practice or provide
the notice was intentional, that individual's practice privilege
shall be revoked and there shall be no possibility of reinstatement
for a minimum of two years.
(h) The board shall require an individual who provides notice to
the board pursuant to subdivision (f) to cease the practice of public
accountancy in this state until the board provides the individual
with written permission to resume the practice of public accountancy
in this state.
(i) (1) An individual to whom, within the last seven years
immediately preceding the date on which he or she wishes to practice
in this state, any of the following criteria apply, shall notify the
board, on a form prescribed by the board, and shall not practice
public accountancy in this state pursuant to this section until the
board provides the individual with written permission to do so:
(A) He or she has been the subject of any final disciplinary
action by the licensing or disciplinary authority of any other
jurisdiction with respect to any professional license or has any
charges of professional misconduct pending against him or her in any
other jurisdiction.
(B) He or she has had his or her license in another jurisdiction
reinstated after a suspension or revocation of the license.
(C) He or she has been denied issuance or renewal of a
professional license or certificate in any other jurisdiction for any
reason other than an inadvertent administrative error.
(D) He or she has been convicted of a crime or is subject to
pending criminal charges in any jurisdiction other than a minor
traffic violation.
(E) He or she has otherwise acquired a disqualifying condition as
described in subdivision (a) of Section 5096.2.
(2) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
paragraph (1) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or paragraph (1)
shall, for a minimum of one year from the date the board knows there
has been a violation of subdivision (e) or paragraph (1), not
practice in this state and shall not have the possibility of
reinstatement during that period. If the board determines that the
failure to cease practice or provide the notice was intentional, that
individual shall be prohibited from practicing in this state in the
same manner as if a licensee has his or her practice privilege
revoked and there shall be no possibility of reinstatement for a
minimum of two years.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 7. Section 5096.4 of the Business and Professions Code, as
added by Section 20 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.4. (a) The right of an individual to practice in this state
under a practice privilege may be administratively suspended at any
time by an order issued by the board or its executive officer,
without prior notice or hearing, for the purpose of conducting a
disciplinary investigation, proceeding, or inquiry concerning the
individual's competence or qualifications to practice under practice
privileges, failure to timely respond to a board inquiry or request
for information or documents, or under other conditions and
circumstances provided for by board regulation. The board shall
consult the Public Company Accounting Oversight Board and the United
States Securities and Exchange Commission at least once every six
months to identify out-of-state licensees who may have disqualifying
conditions or who may be obliged to cease practice, and shall
disclose, pursuant to this subdivision, whether those out-of-state
licensees are lawfully permitted to exercise the privilege.
Disclosure of this information shall not be considered discipline.
(b) The administrative suspension order is immediately effective
when mailed to the individual's address of record or agent for notice
and service as provided for in this article.
(c) The administrative suspension order shall contain the
following:
(1) The reason for the suspension.
(2) A statement that the individual has the right, within 30 days,
to appeal the administrative suspension order and request a hearing.
(3) A statement that any appeal hearing will be conducted under
the provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) applicable to individuals who are denied
licensure, including the filing of a statement of issues by the board
setting forth the reasons for the administrative suspension of
practice privileges and specifying the statutes and rules with which
the individual must show compliance by producing proof at the hearing
and in addition any particular matters that have come to the
attention of the board and that would authorize the administrative
suspension, or the revocation of practice privileges.
(d) The burden is on the holder of the suspended practice
privilege to establish both qualification and fitness to practice
under practice privileges.
(e) The administrative suspension shall continue in effect until
terminated by an order of the board or the executive officer.
(f) Administrative suspension is not discipline and shall not
preclude any individual from applying for a license to practice
public accountancy in this state.
(g) Proceedings to appeal an administrative suspension order may
be combined or coordinated with proceedings for revocation or
discipline of a practice privilege.
(h) This section shall become operative on July 1, 2013.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 8. Section 5096.4 of the Business and Professions Code, as
added by Section 21 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.4. (a) The right of an individual to practice in this state
under a practice privilege may be administratively suspended at any
time by an order issued by the board or its executive officer,
without prior notice or hearing, for the purpose of conducting a
disciplinary investigation, proceeding, or inquiry concerning the
representations made in the notice, the individual's competence or
qualifications to practice under practice privileges, failure to
timely respond to a board inquiry or request for information or
documents, or under other conditions and circumstances provided for
by board regulation.
(b) The administrative suspension order is immediately effective
when mailed to the individual's address of record or agent for notice
and service as provided for in this article.
(c) The administrative suspension order shall contain the
following:
(1) The reason for the suspension.
(2) A statement that the individual has the right, within 30 days,
to appeal the administrative suspension order and request a hearing.
(3) A statement that any appeal hearing will be conducted under
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) applicable to individuals who are denied licensure, including
the filing of a statement of issues by the
board setting forth the reasons for the
administrative suspension of practice privileges and specifying the
statutes and rules with which the individual must show compliance by
producing proof at the hearing and in addition any particular matters
that have come to the attention of the board and that would
authorize the administrative suspension, or the denial of practice
privileges.
(d) The burden is on the holder of the suspended practice
privilege to establish both qualification and fitness to practice
under practice privileges.
(e) The administrative suspension shall continue in effect until
terminated by an order of the board or the executive officer or
expiration of the practice privilege under administrative suspension.
(f) Administrative suspension is not discipline and shall not
preclude any individual from applying for a license to practice
public accountancy in this state or from applying for a new practice
privilege upon expiration of the one under administrative suspension,
except that the new practice privilege shall not be effective until
approved by the board.
(g) Notwithstanding any administrative suspension, a practice
privilege expires one year from the date of notice unless a shorter
period is set by board regulation.
(h) Proceedings to appeal an administrative suspension order may
be combined or coordinated with proceedings for denial or discipline
of a practice privilege.
(i) This section shall become operative on January 1, 2019.
SEC. 9. Section 6730.2 of the Business and Professions Code is
amended to read:
6730.2. (a) It is the intent of the Legislature that the
licensure requirements that are imposed upon private sector
professional engineers and engineering partnerships, firms, or
corporations shall be imposed upon the state and any city, county, or
city and county that shall adhere to those requirements. Therefore,
for the purposes of Section 6730 and this chapter, at least one
licensed engineer shall be designated the person in responsible
charge of professional engineering work for each branch of
professional engineering practiced in any department or agency of the
state, city, county, or city and county.
(b) Any department or agency of the state or any city, county, or
city and county that has an unlicensed person in responsible charge
of engineering work on January 1, 1985, shall be exempt from this
requirement until that time as the person currently in responsible
charge is replaced.
(c) The designated person in responsible charge of professional
civil engineering work of any department or agency of the state,
city, county, city and county, district, or special district pursuant
to this section is responsible for compliance with subdivisions (b)
and (c) of Section 8771.
SEC. 10. Section 6735 of the Business and Professions Code is
amended to read:
6735. (a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as "documents") shall be prepared by, or
under the responsible charge of, a licensed civil engineer and shall
include his or her name and license number. Interim documents shall
include a notation as to the intended purpose of the document, such
as "preliminary," "not for construction," "for plan check only," or
"for review only." All civil engineering plans and specifications
that are permitted or that are to be released for construction shall
bear the signature and seal or stamp of the licensee and the date of
signing and sealing or stamping. All final civil engineering
calculations and reports shall bear the signature and seal or stamp
of the licensee, and the date of signing and sealing or stamping. If
civil engineering plans are required to be signed and sealed or
stamped and have multiple sheets, the signature, seal or stamp, and
date of signing and sealing or stamping shall appear on each sheet of
the plans. If civil engineering specifications, calculations, and
reports are required to be signed and sealed or stamped and have
multiple pages, the signature, seal or stamp, and date of signing and
sealing or stamping shall appear at a minimum on the title sheet,
cover sheet, or signature sheet.
(b) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of structures described in
paragraph (2) shall be prepared by, or under the responsible charge
of, a licensed architect holding a valid certificate under Chapter 3
(commencing with Section 5500) or a licensed civil engineer who is
also licensed as a structural engineer in accordance with Section
6736.
(2) All public school structures, as provided under Chapter 3
(commencing with Section 17251) of Part 10.5 of Division 1 of Title 1
of the Education Code.
(c) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of the structures described in
paragraph (2) shall be prepared by, or under the responsible charge
of, a licensed civil engineer who is also licensed as a structural
engineer in accordance with Section 6736.
(2) Hospitals and other medical facilities having surgery and
emergency treatment areas, as provided under Part 7 (commencing with
Section 129675) of Division 107 of the Health and Safety Code.
(d) Notwithstanding subdivision (a) or (b), a licensed civil
engineer who signs civil engineering documents shall not be
responsible for damage caused by subsequent changes to or uses of
those documents, if the subsequent changes or uses, including changes
or uses made by state or local governmental agencies, are not
authorized or approved by the licensed civil engineer who originally
signed the documents, provided that the engineering service rendered
by the civil engineer who signed the documents was not also a
proximate cause of the damage.
SEC. 11. Section 6759 of the Business and Professions Code is
amended to read:
6759. The board, upon application therefor, on its prescribed
form, and the payment of the fee fixed by this chapter, may issue a
certificate of registration as a professional engineer, without
written examination, to any person holding a certificate of
registration issued to him or her by any state or country when the
applicant's qualifications meet the requirements of this chapter and
rules established by the board. The board shall not require a comity
applicant to meet any requirement not required of California
applicants. For purposes of this section, equivalent second division
examinations shall be written examinations prepared by or
administered by a state or territory either by single or combined
branch at the level generally administered by the board to persons
who passed or were exempted from the first division examination.
Applicants who have passed an equivalent second division combined
branch or a single branch examination in a branch not recognized for
registration in California shall be registered in the branch in which
their experience and education indicate the closest relationship.
SEC. 12. Section 7842 of the Business and Professions Code is
amended to read:
7842. An applicant for certification in a specialty in geology
shall meet all of the requirements of Section 7841 and, in addition,
his or her seven years of professional geological work shall include
one of the following:
(a) A minimum of three years performed under the supervision of a
geologist certified in the specialty for which the applicant is
seeking certification or under the supervision of a licensed civil
engineer if the applicant is seeking certification as an engineering
geologist, except that prior to July 1, 1970, professional geological
work shall qualify under this subdivision if it is performed under
the supervision of a geologist qualified in the specialty for which
the applicant is seeking certification or under the supervision of a
licensed civil engineer if the applicant is seeking certification as
an engineering geologist.
(b) A minimum of five years' experience in responsible charge of
professional geological work in the specialty for which the applicant
is seeking certification.
SEC. 13. Section 7860 of the Business and Professions Code is
amended to read:
7860. (a) The board may, upon its own initiative or upon the
receipt of a complaint, investigate the actions of any professional
geologist or geophysicist, and make findings thereon.
(b) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or revoke the certificate of
any geologist or geophysicist registered hereunder, on any of the
following grounds:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist.
(2) Misrepresentation, fraud, or deceit by a geologist or
geophysicist in his or her practice.
(3) Negligence or incompetence by a geologist or geophysicist in
his or her practice.
(4) Violation of any contract undertaken in the capacity of a
geologist or geophysicist.
(5) Fraud or deceit in obtaining a certificate to practice as a
geologist or geophysicist.
(c) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or may revoke the certificate
of any geologist or geophysicist registered under this chapter, for
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, any of the following:
(1) Aiding or abetting any person in a violation of this chapter
or any regulation adopted by the board pursuant to this chapter.
(2) Violating this chapter or any regulation adopted by the board
pursuant to this chapter.
(3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.
SEC. 14. Section 7864 is added to the Business and Professions
Code, to read:
7864. (a) A petitioner may petition the board for reinstatement
or modification of penalty, including reduction, modification, or
termination of probation, after the following minimum periods have
elapsed from the effective date of the decision ordering the
disciplinary action, or if the order of the board or any portion of
it is stayed by a court, from the date the disciplinary action is
actually implemented in its entirety:
(1) Except as otherwise provided in this section, at least three
years for reinstatement of a certificate that was revoked or
surrendered. However, the board may, in its sole discretion, specify
in its order of revocation or surrender a lesser period of time that
shall be at a minimum of one year.
(2) At least two years for early termination of a probation period
of three years or more.
(3) At least one year for early termination of a probation period
of less than three years.
(4) At least one year for reduction or modification of a condition
of probation.
(b) The board shall notify the Attorney General of the filing of
the petition. The petitioner and the Attorney General shall be given
timely notice by letter of the time and place of the hearing on the
petition, and the petitioner and the Attorney General shall be given
the opportunity to present both oral and documentary evidence and
argument to the board. The petitioner shall at all times have the
burden of proof to establish by clear and convincing evidence that he
or she is entitled to the relief sought in the petition.
(c) The board itself or an administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
(d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction or modification of the
penalty.
(e) A petition shall not be considered while the petitioner is
under sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole. A
petition shall not be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(f) The board may, in its discretion, deny without hearing or
argument any petition that is filed pursuant to this section within a
period of two years from the effective date of a prior decision
following a hearing under this section.
(g) Judicial review of the board's decision following a hearing
under this section may be sought by way of a petition for writ of
administrative mandamus pursuant to Section 1094.5 of the Code of
Civil Procedure. The party seeking to overturn the board's decision
shall have the burden of proof in any mandamus proceeding. In the
mandamus proceeding, if it is alleged that there has been an abuse of
discretion because the board's findings are not supported by the
evidence, abuse of discretion is established if the court determines
that the findings are not supported by substantial evidence in light
of the whole record.
(h) The following definitions shall apply for purposes of this
section:
(1) "Certificate" includes a certificate of registration or
license as a professional geologist or professional geophysicist or
certification as a geologist-in-training.
(2) "Petitioner" means a professional geologist or professional
geophysicist or a geologist-in-training whose certificate has been
revoked, suspended, or surrendered or placed on probation.
SEC. 15. Section 8725.1 is added to the Business and Professions
Code, to read:
8725.1. It is the intent of the Legislature that the licensure
requirements that are imposed upon private sector professional land
surveyors and land surveying partnerships, firms, or corporations
shall be imposed upon the state and any city, county, city and
county, district, and special district that shall adhere to those
requirements. Therefore, for the purposes of Section 8725 and this
chapter, at least one person authorized to practice land surveying
shall be designated the person in responsible charge of professional
land surveying work practiced in any department or agency of the
state, city, county, city and county, district, or special district.
SEC. 16. Section 8771 of the Business and Professions Code is
amended to read:
8771. (a) Monuments set shall be sufficient in number and
durability and efficiently placed so as not to be readily disturbed,
to ensure, together with monuments already existing, the perpetuation
or facile reestablishment of any point or line of the survey.
(b) When monuments exist that control the location of
subdivisions, tracts, boundaries, roads, streets, or highways, or
provide horizontal or vertical survey control, the monuments shall be
located and referenced by or under the direction of a licensed land
surveyor or licensed civil engineer legally authorized to practice
land surveying, prior to the time when any streets, highways, other
rights-of-way, or easements are improved, constructed, reconstructed,
maintained, resurfaced, or relocated, and a corner record or record
of survey of the references shall be filed with the county surveyor.
(c) A permanent monument shall be reset in the surface of the new
construction or a witness monument or monuments set to perpetuate the
location if any monument could be destroyed, damaged, covered,
disturbed, or otherwise obliterated, and a corner record or record of
survey shall be filed with the county surveyor prior to the
recording of a certificate of completion for the project. Sufficient
controlling monuments shall be retained or replaced in their original
positions to enable property, right-of-way and easement lines,
property corners, and subdivision and tract boundaries to be
reestablished without devious surveys necessarily originating on
monuments differing from those that currently control the area.
(d) The governmental agency performing or permitting construction
or maintenance work is responsible for ensuring that either the
governmental agency or landowner performing the construction or
maintenance work provides for monument perpetuation required by this
section.
(e) It shall be the duty of every licensed land surveyor or
licensed civil engineer legally authorized to practice land surveying
to assist the governmental agency in matters of maps, field notes,
and other pertinent records. Monuments set to mark the limiting lines
of highways, roads, streets or right-of-way or easement lines shall
not be deemed adequate for this purpose, unless specifically noted on
the corner record or record of survey of the improvement works with
direct ties in bearing or azimuth and distance between these and
other monuments of record.
(f) The decision to file either a corner record or a record of
survey as required by subdivision (b) or (c) shall be at the election
of the licensed land surveyor or the licensed civil engineer legally
authorized to practice land surveying submitting the document.
SEC. 17. Section 17901 of the Business and Professions Code is
amended to read:
17901. As used in this chapter, "general partner" means:
(a) In the case of a partnership, a general partner, as defined in
Section 15901.02 of the Corporations Code.
(b) In the case of an unincorporated association other than a
partnership, a person interested in the business of the association
whose liability with respect to the association is substantially the
same as that of a general partner, as defined in Section 15901.02 of
the Corporations Code.
SEC. 18. Section 17913 of the Business and Professions Code is
amended to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing
business as
*_________________________________________________
at ** ___________________________________________:
***_______________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
This business is conducted by ****_______________
The registrant commenced to transact business
under the fictitious business name or names
listed above on
***** ________________________________
I declare that all information in this statement
is true and correct. (A registrant who declares
as true any material matter pursuant to Section
17913 of the Business and Professions Code that
the registrant knows to be false is guilty of a
misdemeanor punishable by a fine not to exceed
one thousand dollars ($1,000).)
Registrant ________________________________
signature
Statement filed with the County Clerk of ____
County on ________________________________________
NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A
FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS
FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE
IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE
STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE
RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE
IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE
RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION
14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The fictitious business name statement shall contain the
following information set forth in the manner indicated in the form
provided by subdivision (a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address and under the same ownership may be listed on one
fictitious business name statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrants are a married couple, insert
the full name and residence address of both parties to the marriage.
If the registrant is a general partnership, copartnership, joint
venture, or limited liability partnership, insert the full name and
residence address of each general partner. If the registrant is a
limited partnership, insert the full name and residence address of
each general partner. If the registrant is a limited liability
company, insert the name and address of the limited liability
company, as set out in its articles of organization on file with the
California Secretary of State, and the state of organization. If the
registrant is a trust, insert the full name and residence address of
each trustee. If the registrant is a corporation, insert the name and
address of the corporation, as set out in its articles of
incorporation on file with the California Secretary of State, and the
state of incorporation. If the registrants are state or local
registered domestic partners, insert the full name and residence
address of each domestic partner. If the registrant is an
unincorporated association other than a partnership, insert the name
of each person who is interested in the business of the association
and whose liability with respect to the association is substantially
the same as that of a general partner.
(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a trust," (viii) "copartners," (ix) " a married
couple," (x) "joint venture," (xi) "state or local registered
domestic partners," or (xii) "a limited liability partnership."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
(c) The registrant shall declare that all of the information in
the fictitious business statement is true and correct. A registrant
who declares as true any material matter pursuant to this section
that the registrant knows to be false is guilty of a misdemeanor
punishable by a fine not to exceed one thousand dollars ($1,000).
(d) (1) At the time of filing of the fictitious business name
statement, the registrant filing on behalf of the registrant shall
present personal identification in the form of a California driver's
license or other government identification acceptable to the county
clerk to adequately determine the identity of the registrant filing
on behalf of the registrant as provided in subdivision (e) and the
county clerk may require the registrant to complete and sign an
affidavit of identity.
(2) In the case of a registrant utilizing an agent for submission
of the registrant's fictitious business name statement for filing, at
the time of filing of the fictitious business name statement, the
agent filing on behalf of the registrant shall present personal
identification in the form of a California driver's license or other
government identification acceptable to the county clerk to
adequately determine the identity of the agent filing on behalf of
the registrant as provided in subdivision (e). The county clerk may
also require the agent to submit a notarized statement signed by the
registrant declaring the registrant has authorized the agent to
submit the filing on behalf of the registrant.
(e) If the registrant is a corporation, a limited liability
company, a limited partnership, or a limited liability partnership,
the county clerk may require documentary evidence issued by the
Secretary of State and deemed acceptable by the county clerk,
indicating the current existence and good standing of that business
entity to be attached to a completed and notarized affidavit of
identity, for purposes of subdivision (d).
(f) The county clerk may require a registrant that mails a
fictitious business name statement to a county clerk's office for
filing to submit a completed and notarized affidavit of identity. A
registrant that is a corporation, limited liability company, limited
partnership, or limited liability partnership, if required by the
county clerk to submit an affidavit of identity, shall also submit
documentary evidence issued by the Secretary of State indicating the
current existence and good standing of that business entity.
(g) A county clerk that chooses to establish procedures pursuant
to this section shall prescribe the form of affidavit of identity for
filing by a registrant in that county.
SEC. 19. Section 17914 of the Business and Professions Code is
amended to read:
17914. The fictitious business name statement shall be signed as
follows:
(a) If the registrant is an individual, by the individual.
(b) If the registrants are a married couple, by either party to
the marriage.
(c) If the registrant is a general partnership, limited
partnership, limited liability partnership, copartnership, joint
venture, or unincorporated association other than a partnership, by a
general partner.
(d) If the registrant is a limited liability company, by a manager
or officer.
(e) If the registrant is a trust, by a trustee.
(f) If the registrant is a corporation, by an officer.
(g) If the registrant is a state or local registered domestic
partnership, by one of the domestic partners.
SEC. 20. Section 17916 of the Business and Professions Code is
amended to read:
17916. Presentation for filing of an original fictitious business
name statement and one copy of the statement, with proper
identification, accompanied by a completed and notarized affidavit of
identity, if required by the county clerk, and other documents
required in accordance with Section 17913, payment of the filing fee,
and acceptance of the statement by the county clerk constitute
filing under this chapter. The county clerk shall note
on the copy the file number, the date of
filing the original, and the date of expiration and shall certify and
deliver the copy to the registrant or the registrant's agent.
SEC. 21. Section 22454 of the Business and Professions Code is
amended to read:
22454. (a) At least one person involved in the management of a
professional photocopier shall be required to hold a current
commission from the Secretary of State as a notary public in this
state. If the notary commission is held by someone other than the
registrant, written confirmation from the notary authorizing the use
of their commission for this registration is required.
(b) The professional photocopier shall maintain a valid notary
commission during the entire period that the professional photocopier'
s certificate of registration is effective. The registrant shall
notify the county clerk and provide an updated valid notary
commission if the commission expires prior to the expiration of the
certificate of registration.
SEC. 22. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
