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AB-1522 Board for Professional Engineers, Land Surveyors, and Geologists: licensees.(2019-2020)

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Date Published: 06/25/2019 09:00 PM
AB1522:v98#DOCUMENT

Amended  IN  Senate  June 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1522


Introduced by Committee on Business and Professions Assembly Member Low

February 22, 2019


An act to amend Section 6710 and 6714 of Sections 6710, 6714, 6775.2, 6787, 6788, 7830, 7830.1, 7860.2, 7872, 8710, 8727, 8780.2, and 8792 of, to add Section 7860.1 to, and to repeal Section 6704.1 of, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1522, as amended, Committee on Business and Professions Low. Board for Professional Engineers, Land Surveyors, and Geologists. Geologists: licensees.

Existing

(1) Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists, which is within the Department of Consumer Affairs, to license and regulate engineers, engineers under the Professional Engineers Act, to license and regulate land surveyors, surveyors under the Professional Land Surveyors’ Act, and to license and regulate geologists and geophysicists and authorizes under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law officer. Existing law repeals these the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2020.
This bill would extend the repeal date of the provision establishing the board and the board’s authority to appoint an executive officer until these repeal dates to January 1, 2024.
(2) The Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act contain provisions that make it a cause for disciplinary action for a licensee to fail or refuse to respond to a request by the board to cooperate in an investigation of a complaint against the licensee. Existing law repeals those provisions on January 1, 2020.
This bill would instead make it a cause for disciplinary action for a licensee to fail or refuse to respond to a request by the board in an investigation of a complaint against the licensee and would extend the operation of those provisions indefinitely.
(3) The Professional Engineers Act makes it a misdemeanor for a person to impersonate or use the seal of a licensed professional engineer.
This bill would also make it a misdemeanor for a person to use the signature or license number of a licensed professional engineer or use a false license number.
(4) The Geologist and Geophysicist Act makes it unlawful for anyone other than a licensed specialty geologist or licensed geophysicist to use certain titles. The act also makes it a misdemeanor for a person to impersonate or use the seal of any other practitioner.
This bill would also make it unlawful to use a combination of the words and phrases or abbreviations that are restricted pursuant to the aforementioned provisions and would make it a misdemeanor for a person to use the license number of a licensee or use a false license number.
(5) The Geologist and Geophysicist Act provides for certification as a geologist-in-training by the board upon application and satisfaction of specified requirements.
This bill would authorize the board to investigate the actions of a geologist-in-training, make findings, and, by majority vote, revoke the certificate of a geologist-in-training for specified acts, including conviction of certain crimes.
(6) The Professional Land Surveyors’ Act specifies that surveys made exclusively for geological or landscaping purposes that do not involve the determination of any property line do not constitute surveying for purposes of the act. The act also makes it a misdemeanor to impersonate or use the seal of a professional land surveyor or to use an expired, suspended, or revoked license.
This bill would exclude from the act’s provisions a survey specified above only if the survey is performed by a person authorized to practice geology or licensed to practice landscape architecture. The bill would make it a misdemeanor to use the signature or license number of a professional land surveyor or to use a surrendered license or a false license number.
(7) This bill would make other conforming and nonsubstantive changes to the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act, including deleting an obsolete reporting requirement.
(8) Because the bill would expand the scope of crimes under those acts, the 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   Local Program: NOYES  

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


SECTION 1.

 Section 6704.1 of the Business and Professions Code is repealed.
6704.1.

(a)The Department of Consumer Affairs, in conjunction with the board, and the Joint Committee on Boards, Commissions, and Consumer Protection shall review the engineering branch titles specified in Section 6732 to determine whether certain title acts should be eliminated from this chapter, retained, or converted to practice acts similar to civil, electrical, and mechanical engineering, and whether supplemental engineering work should be permitted for all branches of engineering. The department shall contract with an independent consulting firm to perform this comprehensive analysis of title act registration.

(b)The independent consultant shall perform, but not be limited to, the following: (1) meet with representatives of each of the engineering branches and other professional groups; (2) examine the type of services and work provided by engineers in all branches of engineering and interrelated professions within the marketplace, to determine the interrelationship that exists between the various branches of engineers and other interrelated professions; (3) review and analyze educational requirements of engineers; (4) identify the degree to which supplemental or “overlapping” work between engineering branches and interrelated professions occurs; (5) review alternative methods of regulation of engineers in other states and what impact the regulations would have if adopted in California; (6) identify the manner in which local and state agencies utilize regulations and statutes to regulate engineering work; and (7) recommend changes to existing laws regulating engineers after considering how these changes may affect the health, safety, and welfare of the public.

(c)The board shall reimburse the department for costs associated with this comprehensive analysis. The department shall report its findings and recommendations to the Legislature by September 1, 2002.

SECTION 1.SEC. 2.

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

6710.
 (a) There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b) Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 2.SEC. 3.

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

6714.
 The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 Section 6775.2 of the Business and Professions Code is amended to read:

6775.2.
 (a)The failure of, or refusal by, a licensee or a certificate holder 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 constitutes a cause for disciplinary action under Section 6775 or 6775.1.

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

SEC. 5.

 Section 6787 of the Business and Professions Code is amended to read:

6787.
 Every A person who does any of the following is guilty of a misdemeanor:
(a) Who, unless he or she Unless the person is exempt from licensure under this chapter, practices or offers practice or offer to practice civil, electrical, or mechanical engineering in this state according to the provisions of this chapter without legal authorization.
(b) Who presents Present or attempts attempt to file as his or her the person’s own the certificate of licensure of a licensed professional engineer unless he or she is they are the person named on the certificate of licensure.
(c) Who gives Give false evidence of any kind to the board, or to any member thereof, board member, in obtaining a certificate of licensure.
(d) Who impersonates Impersonate or uses use the seal seal, signature, or license number of a licensed professional engineer. engineer or use a false license number.
(e) Who uses Use an expired, suspended, surrendered, or revoked certificate issued by the board. license.
(f) Who represents himself or herself Represent themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless he or she is they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter.
(g) Who, unless Unless appropriately licensed, manages, or conducts manage, or conduct as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to subdivision (d) (e) of Section 6738 and Section 8726.1.
(h) Who uses Use the title, or any combination of that title, of “professional engineer,” “licensed engineer,” “registered engineer,” or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or “engineer-in-training,” or who makes use of any abbreviation of that title that might lead to the belief that he or she the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter.
(i) Who uses Use the title “consulting engineer” without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965 or 1968 Regular Session.
(j) Who violates Violate any provision of this chapter.

SEC. 6.

 Section 6788 of the Business and Professions Code is amended to read:

6788.
 Any person who violates any provision of subdivisions (a) to (i), (j), inclusive, of Section 6787 in connection with the offer or performance of engineering services for the repair of damage to a residential or nonresidential structure caused by a disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States, shall be punished by a fine up to ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or for two or three years, or by both the fine and imprisonment, or by a fine up to one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

SEC. 7.

 Section 7830 of the Business and Professions Code is amended to read:

7830.
 It is unlawful for anyone other than a geologist registered licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional geologist or registered licensed certified specialty geologist, or to use in any manner the title “professional geologist” or the title of any registered licensed certified specialty geologist unless registered or registered and certified geologist, or any combination of the words and phrases or abbreviations thereof, unless licensed, or licensed and certified, under this chapter.

SEC. 8.

 Section 7830.1 of the Business and Professions Code is amended to read:

7830.1.
 It is unlawful for anyone any person other than a geophysicist registered licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a registered licensed geophysicist, professional geophysicist, or registered licensed certified specialty geophysicist, or to use in any manner the title “registered geophysicist,” “professional geophysicist,” or the title of any registered certified specialty geophysicist unless registered, or registered geophysicist, or any combination of the words and phrases or abbreviations thereof, unless the person is licensed, or licensed and certified, under this chapter.

SEC. 9.

 Section 7860.1 is added to the Business and Professions Code, to read:

7860.1.
 The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any geologist-in-training and make findings. By a majority vote, the board may revoke the certificate of any geologist-in-training who does any of the following:
(a) Has been convicted of a crime as defined in subdivision (a) of Section 480.
(b) Committed an act that would be grounds for denial of a license pursuant to Section 480 or 496.
(c) Committed an act of fraud, deceit, or misrepresentation in obtaining their geologist-in-training certificate or license as a professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist.
(d) Aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter.
(e) Violates Section 119 with respect to a geologist-in-training certificate.
(f) Commits any act described in Section 7872.
(g) Violates any provision of this chapter.

SEC. 10.

 Section 7860.2 of the Business and Professions Code is amended to read:

7860.2.
 (a)The failure of, or refusal by, a licensee or a certificate holder 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 constitutes a cause for disciplinary action under Section 7860. 7860 or 7860.1.

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

SEC. 11.

 Section 7872 of the Business and Professions Code is amended to read:

7872.
 Every A person who does any of the following is guilty of a misdemeanor and for each offense of which he or she is convicted is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment:
(a) Who, unless he or she Unless the person is exempt from registration licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.
(b) Who presents Presents or attempts to file as his or her their own the certificate of registration of another. another person.
(c) Who gives Gives false evidence of any kind to the board, or to any member thereof, board member, in obtaining a certificate of registration.

(d)Who impersonates or uses the seal of any other practitioner.

(e)Who uses an expired or revoked certificate of registration.

(d) Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.
(e) Uses an expired, suspended, surrendered, or revoked license.
(f) Who shall represent himself or herself Represents themselves as, or use uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless he or she the person is qualified by registration licensure as a professional geologist under this chapter, or who shall represent himself or herself represents themselves as, or use uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless he or she the person is qualified by registration licensure as a professional geophysicist under this chapter.
(g) Who manages, Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed performed, or practiced for others, unless the geological work is supervised or performed by a professional geologist, or unless the geophysical work is supervised or performed by a professional geophysicist or geologist. except as authorized pursuant to Section 7834.
(h) Uses the title, or any combination of that title, of “professional geologist,” “registered geophysicist,” or “professional geophysicist,” the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or “geologist-in-training,” or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.

(h)

(i) Who violates Violates any provision of this chapter.

SEC. 12.

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

8710.
 (a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c) This section shall remain in effect only until January 1, 2020, 2024, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 13.

 Section 8727 of the Business and Professions Code is amended to read:

8727.
 Surveys made exclusively for geological or landscaping purposes, which purposes performed by a person authorized to practice geology under Chapter 12.5 (commencing with Section 7800) or exclusively for landscaping purposes performed by a person authorized to practice landscape architecture pursuant to Chapter 3.5 (commencing with Section 5615), that do not involve the determination of any property line do not constitute surveying within the meaning of this chapter.

SEC. 14.

 Section 8780.2 of the Business and Professions Code is amended to read:

8780.2.
 (a)The failure of, or refusal by, a licensee or a certificate holder 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 constitutes a cause for disciplinary action under Section 8780 or 8780.1.

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

SEC. 15.

 Section 8792 of the Business and Professions Code is amended to read:

8792.
 Every A person who does any of the following is guilty of a misdemeanor:
(a) Who, unless he or she Unless the person is exempt from licensing licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.
(b) Who presents as his or her Presents as their own the license of a professional land surveyor unless he or she is they are the person named on the license.
(c) Who attempts Attempts to file as his or her their own any record of survey under the license of a professional land surveyor.
(d) Who gives Gives false evidence of any kind to the board, or to any board member, in obtaining a license.

(e)Who impersonates or uses the seal of a professional land surveyor.

(e) Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.
(f) Who uses Uses an expired, suspended, surrendered, or revoked license.
(g) Who represents himself or herself Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless he or she the person is correspondingly qualified by licensure as a land surveyor under this chapter.
(h) Who uses Uses the title, or any combination of that title, of “professional land surveyor,” “licensed land surveyor,” “land surveyor,” or the titles specified in Sections 8751 and 8775, or “land surveyor-in-training,” or who makes use of any abbreviation of that title that might lead to the belief that he or she the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.
(i) Who, unless Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2 and subdivision (d) (e) of Section 8729.
(j) Who violates Violates any provision of this chapter.

SEC. 16.

 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.