BILL NUMBER: SB 152	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Roth

                        JANUARY 31, 2013

   An act to add Section 7839.2 to the Business and Professions Code,
relating to geologists and geophysicists.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 152, as introduced, Roth. Geologists and geophysicists: written
contracts.
   Existing law, the Geologist and Geophysicist Act, generally
regulates the practice of persons engaged in the practice of geology
and persons engaged in the practice of geophysics. Violations of the
act are a misdemeanor.
   This bill would, subject to exceptions, require geologists and
geophysicists to use a written contract when contracting to provide
geological or geophysical services to a client, as specified. The
bill would specify certain information to be included in the
contract.
   By imposing requirements on geologists and geophysicists, the
violation of which is a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7839.2 is added to the Business and Professions
Code, to read:
   7839.2.  (a) A geologist or geophysicist shall use a written
contract when contracting to provide geological or geophysical
services to a client pursuant to this chapter. The written contract
shall be executed by the geologist or geophysicist and the client or
the client's representative prior to the geologist or geophysicist
commencing work, unless the client states in writing that work may be
commenced before the contract is executed. The written contract
shall include, but is not limited to, all of the following:
   (1) A description of the services to be provided to the client by
the geologist or geophysicist.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
geologist or geophysicist, and the name and address of the client.
   (4) A description of the procedure that the geologist or
geophysicist and the client will use to accommodate additional
services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) Subdivision (a) shall not apply to any of the following:
   (1) Geologic or geophysical services rendered by a geologist or
geophysicist for which the client will not pay compensation.
   (2) A geologist or geophysicist who has a current or prior
contractual relationship with the client to provide geologic or
geophysical services, and who has already been paid the fees that are
due under the contract by the client.
   (3) If the client executes a waiver in writing after full
disclosure of this section that a contract that complies with the
requirements of this section is not required.
   (4) Geological or geophysical services rendered by a geologist or
geophysicist to any of the following:
   (A) A geologist or geophysicist licensed under this chapter.
   (B) An engineer licensed under Chapter 7 (commencing with Section
6700).
   (C) A land surveyor licensed under Chapter 15 (commencing with
Section 8700).
   (D) An architect licensed under Chapter 3 (commencing with Section
5500).
   (E) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (F) A public agency.
   (c) As used in this section, "written contract" includes a
contract in electronic form.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.