BILL NUMBER: SB 152 CHAPTERED
BILL TEXT
CHAPTER 178
FILED WITH SECRETARY OF STATE AUGUST 27, 2013
APPROVED BY GOVERNOR AUGUST 27, 2013
PASSED THE SENATE AUGUST 15, 2013
PASSED THE ASSEMBLY AUGUST 12, 2013
AMENDED IN ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE APRIL 8, 2013
AMENDED IN SENATE MARCH 19, 2013
INTRODUCED BY Senator Roth
JANUARY 31, 2013
An act to amend Sections 6775, 6799, 7860, and 7887 of, to add
Section 7839.2 to, and to repeal Sections 6760, 7848, and 7848.1 of,
the Business and Professions Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 152, Roth. Licensed professionals: engineers: geologists:
geophysicists.
Existing law, the Professional Engineers Act, generally regulates
the practice of persons engaged in the practice of engineering. The
act provides for a temporary authorization to practice engineering,
as specified.
This bill would delete the provisions allowing for a temporary
authorization to practice as an engineer and would make additional
conforming changes.
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. The act provides for a temporary authorization
to practice as a geologist or geophysicist, as specified.
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. The bill would delete the provisions allowing for temporary
authorizations to practice as a geologist or geophysicist and would
make additional conforming changes.
By imposing requirements on geologists and geophysicists, the
violation of which is a crime, this bill would impose a
state-mandated local program.
This bill would incorporate changes to Section 7887 of the
Business and Professions Code proposed by SB 822 that would become
operative if this bill and SB 822 are both chaptered and this bill is
chaptered last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6760 of the Business and Professions Code is
repealed.
SEC. 2. Section 6775 of the Business and Professions Code is
amended to read:
6775. The board may, upon its own initiative or upon the receipt
of a complaint, investigate the actions of any professional engineer
licensed under this chapter and make findings thereon.
By a majority vote, the board may publicly reprove, suspend for a
period not to exceed two years, or revoke the certificate of any
professional engineer licensed under this chapter on any of the
following grounds:
(a) Any conviction of a crime substantially related to the
qualifications, functions, and duties of a licensed professional
engineer, in which case the certified record of conviction shall be
conclusive evidence thereof.
(b) Any deceit, misrepresentation, or fraud in his or her
practice.
(c) Any negligence or incompetence in his or her practice.
(d) A breach or violation of a contract to provide professional
engineering services.
(e) Any fraud, deceit, or misrepresentation in obtaining his or
her certificate as a professional engineer.
(f) Aiding or abetting any person in the violation of any
provision of this chapter or any regulation adopted by the board
pursuant to this chapter.
(g) A violation in the course of the practice of professional
engineering of a rule or regulation of unprofessional conduct adopted
by the board.
(h) A violation of any provision of this chapter or any other law
relating to or involving the practice of professional engineering.
SEC. 3. Section 6799 of the Business and Professions Code is
amended to read:
6799. (a) The amount of the fees prescribed by this chapter shall
be fixed by the board in accordance with the following schedule:
(1) The fee for filing each application for licensure as a
professional engineer and each application for authority level
designation at not more than four hundred dollars ($400) and for each
application for certification as an engineer-in-training at not more
than one hundred dollars ($100).
(2) The fee to take an examination administered by a public or
private organization pursuant to Section 6754 shall be no greater
than the actual cost of the development and administration of the
examination and may be paid directly to the organization by the
applicant.
(3) The renewal fee for each branch of professional engineering in
which licensure is held, and the renewal fee for each authority
level designation held, at no more than the professional engineer
application fee currently in effect.
(4) The fee for a retired license at not more than 50 percent of
the professional engineer application fee in effect on the date of
application.
(5) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(6) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an applicant
to be reimbursed the appeal fee if the appeal results in passage of
examination. The fee charged shall be no more than the costs incurred
by the board.
(7) All other document fees are to be set by the board by rule.
(b) Applicants wishing to be examined in more than one branch of
engineering shall be required to pay the additional fee for each
examination after the first.
SEC. 4. 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. 5. Section 7848 of the Business and Professions Code is
repealed.
SEC. 6. Section 7848.1 of the Business and Professions Code is
repealed.
SEC. 7. 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, 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. 8. Section 7887 of the Business and Professions Code is
amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for registration as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination at not more than two hundred fifty dollars ($250).
(b) The registration fee for a geologist or for a geophysicist and
the fee for the certification in a specialty shall be fixed at an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which the certificate is issued, except
that, with respect to certificates that will expire less than one
year after issuance, the fee shall be fixed at an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued. The board may,
by appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee at not more than six dollars
($6).
(d) The renewal fee for a geologist or for a geophysicist shall be
fixed by the board at not more than four hundred dollars ($400).
(e) The renewal fee for a specialty geologist or for a specialty
geophysicist at not more than one hundred dollars ($100).
(f) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(g) Each applicant for registration as a geologist shall pay an
examination fee fixed by the board at an amount equal to the actual
cost to the board to administer the examination described in
subdivision (d) of Section 7841.
(h) Each applicant for registration as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
SEC. 8.5. Section 7887 of the Business and Professions Code is
amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination shall be fixed at not more than two hundred fifty dollars
($250).
(b) The license fee for a geologist or for a geophysicist and the
fee for the certification in a specialty shall be fixed at an amount
equal to the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued, except that, with
respect to certificates that will expire less than one year after
issuance, the fee shall be fixed at an amount equal to 50 percent of
the renewal fee in effect on the last regular renewal date before the
date on which the certificate is issued. The board may, by
appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee shall be fixed at not more than
six dollars ($6).
(d) The renewal fee for a geologist or for a geophysicist shall be
fixed at not more than four hundred dollars ($400).
(e) The renewal fee for a specialty geologist or for a specialty
geophysicist shall be fixed at not more than one hundred dollars
($100).
(f) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(g) Each applicant for licensure as a geologist shall pay an
examination fee fixed at an amount equal to the actual cost to the
board to administer the examination described in subdivision (d) of
Section 7841.
(h) Each applicant for licensure as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
(i) The fee for a retired license shall be fixed at not more than
50 percent of the fee for filing an application for licensure as a
geologist or a geophysicist in effect on the date of application for
a retired license.
SEC. 9. Section 8.5 of this bill incorporates amendments to
Section 7887 of the Business and Professions Code proposed by both
this bill and Senate Bill 822. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 7887 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill 822,
in which case Section 8 of this bill shall not become operative.
SEC. 10. 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.