BILL NUMBER: SB 136 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 12, 2001
AMENDED IN SENATE APRIL 30, 2001
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Johannessen and Polanco)
(Coauthors: Assembly Members Aanestad, Correa, and Thomson)
JANUARY 29, 2001
An act to amend Sections 5800, 5810, 6710, 6714, 6795, 6799, 7200,
7215.6, 7801, 7802, 7802.1, 7803, 7803.1, 7805, 7806, 7810,
7811, 7815.5, 7816, 7822, 7832, 7836, 7839, 7839.1, 7840, 7841,
7841.1, 7842, 7844, 7849, 7852, 7860, 7861, 7871, 7872, 7885, 8710,
7215.6, 7801, 8710, 8741.1, 8801, 8805, 22251,
and 22259 of, to add Sections 5801.1, 5811, 5812, 7801.1,
7802.2, 7802.3, 7803.2, 7803.3, 7803.4, 7803.5, 7806.1, 7808, 7809,
7826, 7832.1, 7836.1, 7837, 7839.2, 7839.3, 7840.1, 7841.3, 7841.4,
7856, 7864, 7865, and 7871.1 to, to repeal Sections 7804, 7804.1,
7807, 7807.1, 7815, 7817, 7818, 7819, 7820, 7823, 7825, 7830.1, 7831,
7834, 7835, 7835.1, 7838, 7845, 7845.1, 7846, 7847, 7848, 7848.1,
7850.1, 7850.5, 7850.6, 7852.1, 7855, 7862, 7863, 7870, 7880, 7881,
7882, 7883, 7884, and 7887 of, and to repeal and add Sections 7830,
7833, 7842.1, 7850, 7853, and 7854 of, the Business and
and 5812 to, the Business and Professions Code, relating
to professional boards , and making an appropriation therefor
.
LEGISLATIVE COUNSEL'S DIGEST
SB 136, as amended, Figueroa. Professional boards.
(1) Existing law provides for the establishment
of various professional boards and professional titling and
regulatory programs within the Department of Consumer Affairs,
including the Board for Geologists and Geophysicists
interior designer titling act, the Board for
Professional Engineers and Land Surveyors, the State Board of Guide
Dogs for the Blind , and until July 1, 2002, the Board
for Professional Engineers and Land Surveyors the Tax
Preparer program. Funds in the Professional Engineer's
and Land Surveyor's Fund are continuously appropriated for purposes
of the Board for Professional Engineers and Land Surveyors .
This bill would extend the operation of the titling
provisions relating to interior designers, the Board for
Professional Engineers and Land Surveyors until July 1, 2004
, the State Board of Guide Dogs for the Blind, and the
Tax Preparer program . The bill would make changes
in the dates of operation for various other boards within the
department authorize the Board for Professional
Engineers and Land Surveyors to increase registration fees for
professional engineers and would thereby make an appropriation by
including fee amounts deposited in a continuously appropriated fund
. Because the bill would impose crimes and penalties for an
extended period of time, the bill would impose a state-mandated local
program.
(2) The Geologists and Geophysicist Act provides for the
examination and registration of geologists and geophysicists by the
Board for Geologists and Geophysicists and requires the board to
enforce the provisions of the act. A violation of the act is a
crime.
This bill would require the licensure of a person by the board to
practice as a geologist or geophysicist in California. The bill
would make various changes to the composition and duties of the board
and the regulations relating to the practice of geology and
geophysics. Because a violation of the bill's requirements with
respect to the practice of geology and geophysics would be a crime,
the bill would impose a state-mandated local program.
(3) The
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 yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5800 of the Business and Professions Code is
amended to read:
5800. As used in this chapter:
(a) "Certified interior designer" means a person who prepares and
submits nonstructural or nonseismic plans consistent with Sections
5805 and 5538 to local building departments that are of sufficient
complexity so as to require the skills of a licensed contractor to
implement them, and who engages in programming, planning, designing,
and documenting the construction and installation of nonstructural or
nonseismic elements, finishes and furnishings within the interior
spaces of a building, and has demonstrated by means of education,
experience and examination, the competency to protect and enhance the
health, safety, and welfare of the public.
(b) An "interior design organization" means a nonprofit
organization, exempt from taxation under Section 501(c)(3) of Title
26 of the United States Code, of certified interior designers whose
governing board shall include representatives of the public.
SEC. 2. Section 5801.1 is added to the Business and Professions
Code, to read:
5801.1. The procedure for the issuance of a stamp by an interior
design organization under Section 5801, including the examinations
recognized and required by the organization, shall be subject to the
occupational analyses and examination validation required by Section
139 every five to seven years.
SEC. 3. Section 5810 of the Business and Professions Code is
amended to read:
5810. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall remain in effect only until January 1, 2004, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2004, deletes or extends that date.
SEC. 4. Section 5811 is added to the Business and Professions
Code, to read:
5811. An interior design organization issuing stamps under
Section 5801 shall do the following:
(a) Report to the Joint Legislative Sunset Review Committee by
September 1, 2002, on outreach efforts, examinations, finances,
interactions of the organization, and materials and information.
(b) Have an audit conducted independently of their revenues and
expenditures and provide the results of the audit to the Joint
Legislative Sunset Review Committee within a reasonable time.
SEC. 5. Section 5812 is added to the Business and Professions
Code, to read:
5812. It is an unfair business practice for any person to
represent themselves as a "certified interior designer" unless they
comply with the requirements of this chapter.
SEC. 6. 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 and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473). However, the
review of the board shall be limited to only those unresolved issues
identified by the Joint Legislative Sunset Review Committee.
SEC. 7. 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 become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2005, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 6795 of the Business and Professions Code is
amended to read:
6795. Certificates of registration as a professional engineer,
and certificates of authority, shall be valid for a period of two
years from the assigned date of renewal. Biennial renewals shall be
staggered on a monthly basis. To renew an unexpired certificate, the
certificate holder shall, on or before the date of expiration
indicated on the renewal receipt, apply for renewal on a form
prescribed by the board, and pay the renewal fee prescribed by this
chapter.
SEC. 9. Section 6799 of the Business and Professions Code is
amended to read:
6799. 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
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).
(b) The temporary registration fee for a professional engineer at
not more than 25 percent of the application fee in effect on the date
of application.
(c) The renewal fee for each branch of professional engineering in
which registration is held, and the renewal fee for each authority
level designation held, at no more than the professional engineer
application fee currently in effect.
(d) 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.
(e) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(f) 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.
(g) All other document fees are to be set by the board by rule.
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. 10. Section 7200 of the Business and Professions Code is
amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by
the Governor. One member shall be the Director of Rehabilitation or
his or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 11. Section 7215.6 of the Business and Professions Code is
amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes which may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards.
The board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by
the arbitration panel and subject to its procedures, each party to
the dispute shall waive any right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The
license of a guide dog school shall not be renewed until all
penalties have been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take
custody of the dog at once. However, if the dog is removed from the
user's custody without the user's concurrence, the school shall
provide to the board the evidence that caused this action to be taken
at once and without fail; and within five calendar days a special
committee of two members of the board shall make a determination
regarding custody of the dog pending hearing by the arbitration
panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall cease to be operative on July 1, 2008, and
as of January 1, 2009, is repealed, unless a later enacted statute,
which is enacted before January 1, 2009, deletes or extends that
date.
SEC. 12. Section 7801 of the Business and Professions Code is
amended to read:
7801. As used in this chapter, "board" means the Board for
Geologists and Geophysicists. Any reference in any law or regulation
to the State Board of Registration for Geologists and Geophysicists
shall be deemed to refer to the Board for Geologists and
Geophysicists.
SEC. 13. Section 7801.1 is added to the Business and Professions
Code, to read:
7801.1. "Department" means the Department of Consumer Affairs.
SEC. 14. Section 7802 of the Business and Professions Code is
amended to read:
7802. "Geology" refers to the science that includes the
investigation and evaluation of the earth, including its origin,
history, structure, constituent rocks, soils, minerals, and solids,
as well as surface and subsurface waters, gases and other materials;
and the evaluation of the natural agents, forces, and processes that
cause changes in the earth.
SEC. 15. Section 7802.1 of the Business and Professions Code is
amended to read:
7802.1. "Geophysics" refers to the science that includes the
investigation and evaluation of the physical earth by means of
measuring its natural and induced fields of force, including, but not
limited to, seismic, electric, gravity, and magnetic, and its
responses to natural induced energy and the interpretation of these
measurements and relating them to the physics of the earth.
SEC. 16. Section 7802.2 is added to the Business and Professions
Code, to read:
7802.2. The "practice of geology" means the performance or
supervision of, geological service or work for others, including, but
not limited to, investigation, evaluation, planning, surveying,
mapping of geologic phenomena or data, and may include the review,
including regulatory review of geologic work, the performance of
which is relevant to public welfare or the safeguarding of life,
health, property, and the environment, except as otherwise
specifically provided by this chapter.
SEC. 17. Section 7802.3 is added to the Business and Professions
Code, to read:
7802.3. The "practice of geophysics" means the performance or
supervision of, geophysical service or work for others, including,
but not limited to, investigation, evaluation, planning, surveying,
mapping of geologic phenomena or data and may include the review,
including regulatory review, the performance of which is relevant to
the public welfare or the safeguarding of life, health, property, and
the environment, except as otherwise specifically provided by this
chapter.
SEC. 18. Section 7803 of the Business and Professions Code is
amended to read:
7803. "Geologist" means a person who, by reason of his or her
knowledge of geology acquired by education and practical experience,
is qualified to engage in the practice of geology, as defined by this
act.
SEC. 19. Section 7803.1 of the Business and Professions Code is
amended to read:
7803.1. "Geophysicist" means a person who, by reason of his or
her knowledge of geology, physics, mathematics, and the supporting
physical sciences acquired by education and practical experience, is
qualified to engage in the practice of geophysics, as defined by this
act.
SEC. 20. Section 7803.2 is added to the Business and Professions
Code, to read:
7803.2. "Licensee" means a person licensed under this act.
SEC. 21. Section 7803.3 is added to the Business and Professions
Code, to read:
7803.3. "Licensed geologist" or "professional geologist" means a
geologist who has been issued a license by the Board for Geologists
and Geophysicists.
SEC. 22. Section 7803.4 is added to the Business and Professions
Code, to read:
7803.4. "Licensed geophysicist" or "professional geophysicist"
means a geophysicist who has been issued a license by the Board for
Geologists and Geophysicists.
SEC. 23. Section 7803.5 is added to the Business and Professions
Code, to read:
7803.5. Any reference in any law or regulation to a registered
geologist is deemed to refer to a licensed geologist or professional
geologist. Any reference in any law or regulation to a registered
geophysicist is deemed to refer to a licensed geophysicist or
professional geophysicist.
SEC. 24. Section 7804 of the Business and Professions Code is
repealed.
SEC. 25. Section 7804.1 of the Business and Professions Code is
repealed.
SEC. 26. Section 7805 of the Business and Professions Code is
amended to read:
7805. "Responsible charge" means the independent control,
direction, and continuous involvement, by use of initiative,
experience, education, skill, and independent judgment, of geological
or geophysical work or the supervision of that work.
SEC. 27. Section 7806 of the Business and Professions Code is
amended to read:
7806. "Subordinate" means any person who assists a licensed
geologist or licensed geophysicist, or who assists an exempt person,
in the practice of geology or geophysics without assuming the
responsible charge of the work.
SEC. 28. Section 7806.1 is added to the Business and Professions
Code, to read:
7806.1. "Supervision" is the direct control of subordinates on
projects for which a licensee has responsible charge.
SEC. 29. Section 7807 of the Business and Professions Code is
repealed.
SEC. 30. Section 7807.1 of the Business and Professions Code is
repealed.
SEC. 31. Section 7808 is added to the Business and Professions
Code, to read:
7808. "For others" refers to the public; the people of
California.
SEC. 32. Section 7809 is added to the Business and Professions
Code, to read:
7809. As used in this chapter, the following terms relating to
specialties shall have the meanings ascribed to them below:
(a) A "specialty" is any branch of geology or geophysics that has
been recognized pursuant to this chapter for the purposes of
licensure. Engineering geology and hydrogeology shall be considered
to be specialties of geology.
(b) A "certified specialty geologist" is a licensed geologist who
has met the academic and experience qualifications in a specialty of
geology established pursuant to this chapter and has been issued a
license in that specialty by the board.
(c) A "certified specialty geophysicist" is a licensed
geophysicist who has met the academic and experience qualifications
in a specialty of geophysics established pursuant to this chapter and
has been issued a license in that specialty by the board.
(d) "Engineering geology" refers to a specialty of geology that
includes the application of geologic data, techniques, and principles
to the evaluation and prediction of geologic hazards, materials, and
processes that affect land-use planning, design, construction,
operation and maintenance of the built environment, and the
protection, evaluation, development, and remediation of surface and
subsurface water resources.
(e) A "certified engineering geologist" is a licensed geologist
who, by reason of his or her knowledge of engineering geology,
acquired by education and practical experience, and who has passed
examinations required pursuant to this chapter, is licensed to use
the title of certified engineering geologist.
(f) "Hydrogeology" refers to a specialty of geology that includes
the application of the science of geology to the evaluation of the
occurrence, distribution, quantity, quality and movement of water,
gases, particles, and other materials below the surface of the earth,
with particular emphasis given to groundwater quality and
contaminant transport.
(g) A "certified hydrogeologist" is a licensed geologist who, by
reason of his or her knowledge of hydrogeology acquired by education
and practical experience, and who has passed examinations required
pursuant to this chapter, is licensed to use the title certified
hydrogeologist.
SEC. 33. Section 7810 of the Business and Professions Code is
amended to read:
7810. There is in the Department of Consumer Affairs a Board for
Geologists and Geophysicists. The board shall be composed of seven
members, four of whom shall be public members and three licensed in
accordance with the terms of this act. Two of the licensees shall be
geologists and one shall be a geophysicist.
Each member of the board shall be appointed for a four-year term
expiring June 1. Terms are staggered so that not more than two
appointments are scheduled to be made in any fiscal year, not
including partial terms. No member of the board shall serve more
than two consecutive full terms.
The Governor shall appoint the three licensed members and two of
the public members. The Senate Committee on Rules and the Speaker of
the Assembly shall each appoint one public member.
This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 34. Section 7811 of the Business and Professions Code is
amended to read:
7811. Each member of the board shall be a citizen of the United
States and each licensed member shall have been licensed in this
state for at least three years immediately preceding his or her
appointment.
SEC. 35. Section 7815 of the Business and Professions Code is
repealed.
SEC. 36. Section 7815.5 of the Business and Professions Code is
amended to read:
7815.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter or in regulations.
This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 37. Section 7816 of the Business and Professions Code is
amended to read:
7816. (a) The board pursuant to the provisions contained in
Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3
of Title 2 of the Government Code, may adopt, amend, or repeal rules
and regulations to carry out the provisions this chapter.
(b) The board shall meet annually and at such other times as it
may determine.
(c) A majority of the duly appointed board members shall
constitute a quorum.
SEC. 38. Section 7817 of the Business and Professions Code is
repealed.
SEC. 39. Section 7818 of the Business and Professions Code is
repealed.
SEC. 40. Section 7819 of the Business and Professions Code is
repealed.
SEC. 41. Section 7820 of the Business and Professions Code is
repealed.
SEC. 42. Section 7822 of the Business and Professions Code is
amended to read:
7822. In addition to any other powers and duties granted under
the laws of this state or provided in this chapter:
(a) The board shall establish by regulation reasonable and
necessary fees to be charged to applicants and registrants in
connection with, and to support the administration and enforcement
of, this chapter.
(b) The board may, by regulation, provide for the division of the
certification of licenses into different specialties, including, but
not limited to, petroleum, mining, and groundwater, and may issue
certificates in one or more of the specialties in which the applicant
demonstrated proficiency. The board shall provide the certificates
for those qualified in engineering geology and hydrogeology.
(c) The board shall have the authority to prepare, administer, and
grade examinations required or permitted by this chapter and to
determine where and when examinations are to be given. In connection
therewith, the board shall have the authority to adopt or recognize,
in part or in whole, examinations prepared, administered or graded
by other entities, on a state or national basis, which the board
determines are appropriate to measure the qualifications of an
applicant for licensure as a geologist, geophysicist, or in any
specialty of geology or geophysics.
(d) The board shall issue licenses as provided in this
chapter.
(e) The board shall renew and reissue licenses as provided in this
chapter.
(f) The board may, by regulation, develop, adopt and issue
requirements for a program of continuing education.
(g) The board shall, by regulation, develop, adopt and issue
professional standards.
(h) The board may initiate and shall investigate complaints of
violations of this chapter by any person or organization.
(i) The members of the board and the executive officer shall have
the authority to administer oaths and affirmations, in the
performance of any business of the board, and to issue subpoenas to
compel the attendance of witnesses and the production of evidence.
(j) The board shall have the authority to issue cease and desist
orders and to seek injunctions against violations of this chapter or
the board's rules and regulations.
(k) The board shall have the authority to enter into agreements
with bodies that regulate the practice of geology or geophysics, or
closely related geological or geophysical disciplines, or that
license or register geologists or geophysicists, and may establish
agreements with those bodies in other states or countries, for the
purpose of establishing uniformly high professional standards whereby
mutual recognition of licensing and registration can be achieved.
(l) The board shall have the authority to grant a temporary
license to a geologist or geophysicist from another state or country
as established by regulations.
(m) The board shall have the authority to appoint advisory
committees as required or as deemed advisable to perform duties as
the board may direct; provided, however, that the board shall not
delegate any final decisionmaking authority to any committee that has
as a member any person who is not a member of the board. Membership
on those committees is at the discretion of the board. Each member
of a committee may receive a per diem and expenses as provided in
Section 103 of the code as approved by the board for the performance
of his or her duties as a member of the committee.
(n) The board shall have the authority to retain independent
counsel and investigators to provide legal and investigative
assistance as may be necessary in enforcing the provisions of this
chapter.
(o) The board shall have all other powers and authority consistent
with this chapter and other state laws, whether or not enumerated
herein, as are necessary for the administration and enforcement of
this chapter.
SEC. 43. Section 7823 of the Business and Professions Code is
repealed.
SEC. 44. Section 7825 of the Business and Professions Code is
repealed.
SEC. 45. Section 7826 is added to the Business and Professions
Code, to read:
7826. Each board member shall conduct himself or herself
according to a code of conduct established by board policy.
SEC. 46. Section 7830 of the Business and Professions Code is
repealed.
SEC. 47. Section 7830 is added to the Business and Professions
Code, to read:
7830. (a) Any geological document or geological portion of a
document prepared for use by others or that the public may reasonably
be expected to rely on, including those required by or supporting
compliance with all applicable laws, ordinances or regulations, that
incorporate or are based on a geological evaluation or on geological
data, shall be prepared by or under the supervision of a licensed
geologist as evidenced by the geologist's signature and seal.
(b) Any geophysical document or geophysical portion of a document
prepared for use by others or that the public may reasonably be
expected to rely on, including those required by or supporting
compliance with all applicable laws, ordinances, or regulations, that
incorporates or is based on a geophysical evaluation or on
geophysical data, shall be prepared by or under the supervision of a
licensed geophysicist as evidenced by the geophysicist's signature
and seal.
SEC. 48. Section 7830.1 of the Business and Professions Code is
repealed.
SEC. 49. Section 7831 of the Business and Professions Code is
repealed.
SEC. 50. Section 7832 of the Business and Professions Code is
amended to read:
7832. (a) In order to safeguard life, health, property, and
public welfare, no person, either in a public or private capacity,
except as in this chapter specifically exempted, shall practice,
offer or attempt to practice for others geology or geophysics thereof
in this state unless the person submits evidence that he or she is
qualified to practice, and shall be licensed accordingly by the
board.
(b) It is unlawful for any person to practice, offer to practice,
or represent himself or herself, as a geologist or geophysicist in
this state, unless he or she has been licensed or specifically
exempted from licensing under this chapter.
(c) Only a person licensed as a geologist under the provisions of
this chapter shall be entitled to take and use the title
"professional geologist." Only a licensed geologist also licensed as
a certified specialty geologist under the provisions of this chapter
shall be entitled to take and use the title of a licensed certified
specialty geologist.
(d) Only a person licensed as a geophysicist under the provisions
of this chapter shall be entitled to take and use the title
"professional geophysicist." Only a licensed geophysicist also
licensed as a certified specialty geophysicist under the provisions
of this chapter shall be entitled to take and use the title of a
licensed certified specialty geophysicist.
SEC. 51. Section 7832.1 is added to the Business and Professions
Code, to read:
7832.1. Any person, except as specifically exempted in this
chapter, who practices or offers to practice geology or geophysics
for others in this state, is subject to the provisions of this
chapter.
SEC. 52. Section 7833 of the Business and Professions Code is
repealed.
SEC. 53. Section 7833 is added to the Business and Professions
Code, to read:
7833. (a) Any firm, corporation, business entity, or government
agency that offers to engage in or engages in the practice for others
of geology or geophysics or any specialty thereof shall have one or
more geologists licensed to practice geology, or one or more
geophysicists licensed to practice geophysics, or the applicable
specialty thereof, except as otherwise specifically provided by this
chapter, who shall be in responsible charge and who shall sign and
seal all documents as provided in this chapter.
(b) If the principal business of the firm or government agency or
corporation, as determined by or under regulations issued by the
board, is engaged in the practice for others of geology or
geophysics, a principal of the firm or government agency, or an
officer or director of the corporation, shall be licensed as a
geologist or geophysicist and shall have overall supervision and
control of the geological or geophysical work performed in this
state, except as otherwise specifically provided by this chapter.
SEC. 54. Section 7834 of the Business and Professions Code is
repealed.
SEC. 55. Section 7835 of the Business and Professions Code is
repealed.
SEC. 56. Section 7835.1 of the Business and Professions Code is
repealed.
SEC. 57. Section 7836 of the Business and Professions Code is
amended to read:
7836. Officers and employees of the federal and state government,
any city or county in the state, or any local agency created under
state statutes, who perform geological and geophysical work that
affects public health, safety, and welfare shall be licensed under
this chapter. This work specifically includes review of geological
and geophysical reports submitted in compliance with applicable state
and local regulations, codes, and ordinances.
SEC. 58. Section 7836.1 is added to the Business and Professions
Code, to read:
7836.1. The federal government, State of California, its
political subdivisions, and all public boards, districts,
commissions, or authorities shall contract for geological or
geophysical services only with persons licensed under this chapter or
with business entities employing geologists or geophysicists
licensed under this chapter, who shall be in responsible charge of
the geological or geophysical work.
SEC. 59. Section 7837 is added to the Business and Professions
Code, to read:
7837. The following individuals are not required to be licensed
under this chapter:
(a) An employee or subordinate of a licensee under this chapter,
provided that the employee or subordinate is under the supervision of
a geologist or geophysicist licensed hereunder.
(b) An engineer empowered to practice civil engineering in this
state, under provisions of Chapter 7 (commencing with Section 6700)
of Division 3 of the Business and Professions Code insofar as he or
she practices engineering in its various branches.
SEC. 60. Section 7838 of the Business and Professions Code is
repealed.
SEC. 61. Section 7839 of the Business and Professions Code is
amended to read:
7839. This chapter does not authorize a licensed geologist or
licensed geophysicist to practice or offer to practice civil
engineering and any of its various recognized branches except as
authorized under the Business and Professions Code.
SEC. 62. Section 7839.1 of the Business and Professions Code is
amended to read:
7839.1. This section shall not authorize a licensed geologist to
practice or offer to practice geophysics for others in this state
except as the geophysical work is related to his or her practice of
geology.
This section shall not authorize a licensed geophysicist to
practice or offer to practice geology for others in this state except
as the geological work is related to his or her practice of
geophysics.
SEC. 63. Section 7839.2 is added to the Business and Professions
Code, to read:
7839.2. A licensee under this chapter shall not practice or
perform geological or geophysical work in any field unless he or she
is competent and proficient in that field, as demonstrated by his or
her education and experience.
SEC. 64. Section 7839.3 is added to the Business and Professions
Code, to read:
7839.3. Nothing provided by this chapter shall permit any person,
firm, or corporation to hold himself, herself, or itself out to the
public as a geologist or geophysicist, or as being licensed as a
geologist, geophysicist, certified specialty geologist, or certified
specialty geophysicist, or as being able to perform geological or
geophysical services, or to prepare any report or other document
requiring the signature and seal of a licensee under Section 7852,
unless the person is licensed under the provisions of this chapter.
SEC. 65. Section 7840 of the Business and Professions Code is
amended to read:
7840. An application for licensure shall be on a form prescribed
and furnished by the board, signed by the applicant, accompanied by
the appropriate application fee and shall include any information
required in regulations.
SEC. 66. Section 7840.1 is added to the Business and Professions
Code, to read:
7840.1. An applicant shall remit fees for application,
examination, licensure, and renewal of license, pursuant to Section
7822, and any other fees as may be required by the board.
SEC. 67. Section 7841 of the Business and Professions Code is
amended to read:
7841. For licensure as a geologist, an applicant shall meet the
following requirements:
(a) The applicant shall not have been convicted of any acts or
crime constituting grounds for denial of licensure under Section 480.
(b) The applicant shall have obtained a degree with a major in
geological sciences from a college or university. The board may
identify, by regulation, those core curricula in geological sciences
that are deemed to meet minimum educational requirements.
(c) (1) The applicant shall have a documented record of a minimum
of five years of experience in geology or a specialty of geology,
obtained subsequent to completion of the academic requirements
specified in this chapter, and professional geological experience of
a character satisfactory to the board, demonstrating that the
applicant is qualified to assume responsible charge of appropriate
work upon licensure as a geologist. The experience must be gained
under the supervision of a geologist or geophysicist licensed in this
or any other state, or under the supervision of others who, in the
opinion of the board, have the training and experience to have
responsible charge of geological work.
(2) Each year of full-time graduate study satisfactorily completed
in the geological sciences shall qualify as one year of professional
experience in geology up to a maximum of two years.
(3) The board may accept full-time geological research or teaching
of persons at the college or university level as professional
geological experience, provided that the research or teaching, in the
judgment of the board, is comparable to professional geological
experience obtained in the practice of geology or a specialty in
geology.
(d) The applicant shall have passed a written examination that
incorporates a national examination for geologists created by a
nationally recognized entity approved by the board, and a
supplemental California specific examination. The California
specific examination shall test the applicant's knowledge of state
laws, rules and regulations, and of seismicity and geology unique to
practice within this state.
(e) The applicant shall meet any other general or individual
requirements as may be established by the board pursuant to its
authority under this chapter.
SEC. 68. Section 7841.1 of the Business and Professions Code is
amended to read:
7841.1. For licensure as a geophysicist, an applicant shall meet
the following requirements.
(a) The applicant shall not have been convicted of any acts or
crime constituting grounds for denial of licensure under Section 480.
(b) The applicant shall have one of the following:
(1) Obtained a degree with a major in geophysics from a college
or university.
(2) Completed a program recognized by the board that includes at
least 30 semester or 45 quarter hours of credit, with a major in
geophysics.
(3) Satisfied education equivalents determined by the board. At
least 24 semester or 36 quarter hours shall be in upper division or
graduate courses. The board may identify, by regulation, those core
curricula in geophysical sciences that are deemed to meet minimum
educational requirements.
(c) (1) The applicant shall have a documented record of a minimum
of five years of experience in geophysics or a specialty of
geophysics, obtained subsequent to completion of the academic
requirements specified in this chapter, and professional geophysical
experience of a character satisfactory to the board, demonstrating
that the applicant is qualified to assume responsible charge of
appropriate work upon licensure as a geophysicist. The experience
must be gained under the supervision of a geophysicist or geologist
licensed in this or any other state, or under the supervision of
others who, in the opinion of the board, have the training and
experience to have responsible charge of geophysical work.
(2) Each year of full-time graduate study satisfactorily completed
in the geophysical sciences or in a specialty of geophysics shall
qualify as one year of professional experience in geophysics, up to a
maximum of two years.
(3) The board may accept full-time geophysical research or
teaching of persons at the college or university level as
professional geophysical experience, provided that such research or
teaching, in the judgment of the board, is comparable to professional
geophysical experience obtained in the practice of geophysics or a
specialty in geophysics.
(d) The applicant shall have passed an examination covering the
fundamentals and practice of geophysics prescribed or accepted by the
board.
(e) The applicant shall meet such other general or individual
requirements as may be established by the board pursuant to its
authority under this chapter.
SEC. 69. Section 7841.3 is added to the Business and Professions
Code, to read:
7841.3. "Professional geological experience" is work that
requires the application of scientific knowledge, principles, and
methods to geological evaluations through the exercise of individual
initiative, judgment, and decisionmaking skills in investigating,
analyzing, predicting, and reporting on the physical phenomena of the
earth.
SEC. 70. Section 7841.4 is added to the Business and Professions
Code, to read:
7841.4. "Professional geophysical experience" is work performed
under the supervision of a licensed geophysicist that requires the
application of scientific knowledge, principles, and methods to
geophysical evaluations through the exercise of individual
initiative, judgment, and decisionmaking skills in investigating,
analyzing, predicting, and reporting on the physical phenomena of the
earth.
SEC. 71. Section 7842 of the Business and Professions Code is
amended to read:
7842. For licensure in any geological specialty recognized
pursuant to this chapter, an applicant shall meet the following
requirements:
(a) Be licensed as a geologist by the board.
(b) The applicant shall have a documented record of a minimum of
three years of experience in the applicable specialty and in
geological work of a character satisfactory to the board,
demonstrating that the applicant is qualified to assume responsible
charge of any specialty work upon licensure in that specialty of
geology. The experience must be gained under the supervision of a
geologist licensed in the specialty in this or any other state, or
under the supervision of others who, in the opinion of the board, are
qualified to have responsible charge of geological work in the
specialty.
(c) The applicant shall have passed a written examination covering
the applicable specialty as prescribed by the board.
SEC. 72. Section 7842.1 of the Business and Professions Code is
repealed.
SEC. 73. Section 7842.1 is added to the Business and Professions
Code, to read:
7842.1. For licensure in any geophysical specialty recognized
pursuant to this chapter, an applicant shall meet the following
requirements:
(a) Be licensed as a geophysicist by the board.
(b) The applicant shall have a documented record of a minimum of
three years of experience in the applicable specialty and in
geophysical work of a character satisfactory to the board,
demonstrating that the applicant is qualified to assume responsible
charge of any specialty work upon licensure in that specialty of
geophysics. The experience must be gained under the supervision of a
geophysicist licensed in the specialty in this or any other state,
or under supervision of others who, in the opinion of the board, are
qualified to have responsible charge of geophysical work in the
specialty.
(c) The applicant shall have passed a written examination covering
the applicable specialty as prescribed by the board.
SEC. 74. Section 7844 of the Business and Professions Code is
amended to read:
7844. Examinations shall be given for the purpose of determining
the knowledge of applicants for licensure as geologists,
geophysicists, certified specialty geologists, or certified specialty
geophysicists.
SEC. 75. Section 7845 of the Business and Professions Code is
repealed.
SEC. 76. Section 7845.1 of the Business and Professions Code is
repealed.
SEC. 77. Section 7846 of the Business and Professions Code is
repealed.
SEC. 78. Section 7847 of the Business and Professions Code is
repealed.
SEC. 79. Section 7848 of the Business and Professions Code is
repealed.
SEC. 80. Section 7848.1 of the Business and Professions Code is
repealed.
SEC. 81. Section 7849 of the Business and Professions Code is
amended to read:
7849. In determining the qualifications of an applicant for
temporary licensure, a majority vote of the board is required.
SEC. 82. Section 7850 of the Business and Professions Code is
repealed.
SEC. 83. Section 7850 is added to the Business and Professions
Code, to read:
7850. The board shall issue an appropriate certificate evidencing
licensure as a geologist or geophysicist or in any specialty of
geology or geophysics recognized by the board, upon payment of the
applicable licensure fee to any applicant who, in the opinion of the
board, has satisfactorily met all the requirements of this chapter
for licensure as a geologist or geophysicist or as a certified
specialty geologist or certified specialty geophysicist. Such
certificate shall show the full name of the licensee, shall have a
license number, and shall be signed by the executive officer or an
appropriate officer of the board under seal of the board.
SEC. 84. Section 7850.1 of the Business and Professions Code is
repealed.
SEC. 85. Section 7850.5 of the Business and Professions Code is
repealed.
SEC. 86. Section 7850.6 of the Business and Professions Code is
repealed.
SEC. 87. Section 7852 of the Business and Professions Code is
amended to read:
7852. (a) Each licensee shall obtain a seal of a design
established by regulations of the board bearing the licensee's name,
license number the legend. "Professional Geologist," or
"Professional Geophysicist," and which may indicate any certified
specialty in which the individual is licensed.
(b) Geological or geophysical reports, plans, specifications, and
other documents prepared by a licensed geologist or licensed
geophysicist, or by a subordinate under the supervision of a licensed
geologist or licensed geophysicist, shall include the licensee's
name and license number and the licensee's signature and an
impression of his or her seal, in accordance with regulations issued
by the board.
SEC. 88. Section 7852.1 of the Business and Professions Code is
repealed.
SEC. 89. Section 7853 of the Business and Professions Code is
repealed.
SEC. 90. Section 7853 is added to the Business and Professions
Code, to read:
7853. The board shall have the authority to adopt regulations
regarding expiration, cancellation, renewal, and replacement of
licenses.
SEC. 91. Section 7854 of the Business and Professions Code is
repealed.
SEC. 92. Section 7854 is added to the Business and Professions
Code, to read:
7854. The issuance by the board of a license to an individual
shall be prima facie evidence that the person named therein is
entitled to all rights and responsibilities of a licensed geologist,
licensed geophysicist, licensed certified specialty geologist, or
licensed certified specialty geophysicist, who is licensed to
practice geology or geophysics, while such remains unrevoked,
unsuspended, or unexpired.
SEC. 93. Section 7855 of the Business and Professions Code is
repealed.
SEC. 94. Section 7856 is
added to the Business and Professions Code, to read:
7856. Each licensee under this chapter is required to use his or
her license number or numbers in advertising for services offered to
the public.
SEC. 95. Section 7860 of the Business and Professions Code is
amended to read:
7860. (a) Any person may bring a complaint which shall be filed
with the executive officer of the board alleging a violation of this
act and regulations promulgated hereunder. The board shall
investigate complaints brought to its attention, and in connection
therewith may employ investigators, expert witnesses, and hearing
officers, and conduct hearings to determine whether disciplinary or
other action should be taken. The executive officer, upon a finding
of probable cause following an investigation, may file a verified
charge against an individual with commission of a violation of this
act and regulations promulgated hereunder. A disciplinary action may
be informally settled by the executive officer and the person, firm,
or corporation which is the subject of the action, either before or
after a hearing is commenced.
(b) The board may impose appropriate penalties for violations
that have occurred in this state or in any other state on any of the
following grounds:
(1) Conviction of a felony, or the imposition of an
administrative, civil, or criminal fine, or sentence of imprisonment
or probation in lieu thereof, for any misdemeanor relating to or
arising out of the practice of geology or geophysics, or the issuance
of a cease and desist order or similar penalty relating to or
arising out of the practice of geology or geophysics.
(2) Conduct of any incompetence, misconduct, fraud, deceit,
misrepresentation, violation of contract, or negligence in or related
to the practice of geology or geophysics.
(3) Practice of any fraud or deceit in obtaining a license as a
geologist, geophysicist, certified specialty geologist, or certified
specialty geophysicist.
(4) Use of the seal of another, or using or allowing use of one's
seal on geological or geophysical work not performed by or under the
supervision of the licensee, or otherwise aiding or abetting any
person in a violation of any provision of this chapter.
(5) Violation of any provision of this chapter or of a rule or
regulation issued hereunder, or of any provision of the laws and
regulations and ordinances relating to the practice of geology or
geophysics of the state or of any of its political subdivisions or of
any other state or country.
(6) Revocation or suspension of a license, or denial of renewal
thereof, or any disciplinary action by any state agency of any other
state, including any other board of registration, or similar
licensing agency for geologists or geophysicists or for any
profession or occupation related to the practice of geology or
geophysics, provided that the penalty imposed by the board shall not
exceed in severity or duration the penalty upon which the action is
based.
(7) The practice of or offering to practice geology or geophysics
or a specialty of geology or geophysics, or holding oneself out as
being licensed or qualified to practice geology or geophysics or a
qualified specialty, in which the performance thereof significantly
affects the safeguarding of life, health, property, or the
environment, as defined herein, by an individual who is not licensed
pursuant to this chapter, or by a firm or corporation not employing a
licensed geologist, licensed geophysicist, licensed certified
specialty geologist, or licensed certified specialty geophysicist as
required by this chapter.
(8) The practice by any unlicensed person who in any manner makes
use of the term "Licensed Geologist," "Professional Geologist,"
"P.G.," "Licensed Geophysicist," "Professional Geophysicist," "P.Gp.,"
"Certified Engineering Geologist," "C.E.G.," "Certified
Hydrogeologist," "C.Hg.," or claims any specialty in geology or
geophysics, as a professional, business or commercial identification,
title, name, representation, claim, or otherwise holds out to the
public, as being licensed to practice geology or geophysics.
(9) Alteration or revision by any unlicensed person of any
document, map or work signed or sealed by a licensed geologist or
licensed geophysicist unless the alteration or revision is signed and
sealed by a licensed geologist or licensed geophysicist, or changes
or alters the name or seal of another licensed geologist or licensed
geophysicist on any document, map, or work.
(10) Using the seal or signing any document under a license which
has expired or has been suspended or revoked.
(11) Managing, or conducting as manager, proprietor, or agent, any
place of business from which geological or geophysical work or
specialty work, not exempted by this chapter, is offered, performed,
or practices for others, unless the work is supervised or performed
by a licensed geologist or licensed geophysicist or a licensed
certified specialty geologist or licensed certified specialty
geophysicist, as applicable.
(12) Failure to protect the health, safety, or welfare of the
public, as it relates to the practice of geology or geophysics.
SEC. 96. Section 7861 of the Business and Professions Code is
amended to read:
7861. Hearings and appeal procedures shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340), Chapter
4 (commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of the
Government Code.
SEC. 97. Section 7862 of the Business and Professions Code is
repealed.
SEC. 98. Section 7863 of the Business and Professions Code is
repealed.
SEC. 99. Section 7864 is added to the Business and Professions
Code, to read:
7864. The board may, by a majority vote, impose disciplinary
actions under Sections 11517, 11518, 11519, and 11520 of the
Government Code.
SEC. 100. Section 7865 is added to the Business and Professions
Code, to read:
7865. If it appears that a violation of any law enforced by a
government agency may have occurred, the board may report
disciplinary actions to regulatory or other officials in this state,
to any other registration or licensing board or organization acting
on behalf of its member boards in other states, or to any appropriate
local, state, or federal law enforcement agency.
SEC. 101. Section 7870 of the Business and Professions Code is
repealed.
SEC. 102. Section 7871 of the Business and Professions Code is
amended to read:
7871. It shall be the duty of the respective law enforcement
officers charged with the enforcement of laws and ordinances to
prosecute all persons charged with the violation of any of the
provisions of this chapter.
It shall be the duty of the executive officer, under the direction
of the board, to aid these officers in the enforcement of this
chapter.
SEC. 103. Section 7871.1 is added to the Business and Professions
Code, to read:
7871.1. Any public agency that reviews geological or geophysical
reports or documents shall submit to the board reports or documents
that may contain evidence of violations of this act.
SEC. 104. Section 7872 of the Business and Professions Code is
amended to read:
7872. Every person 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 imprisonmentif he or she
violates any provision of this chapter.
SEC. 105. Section 7880 of the Business and Professions Code is
repealed.
SEC. 106. Section 7881 of the Business and Professions Code is
repealed.
SEC. 107. Section 7882 of the Business and Professions Code is
repealed.
SEC. 108. Section 7883 of the Business and Professions Code is
repealed.
SEC. 109. Section 7884 of the Business and Professions Code is
repealed.
SEC. 110. Section 7885 of the Business and Professions Code is
amended to read:
7885. All funds remitted to the board pursuant to this chapter
shall be deposited in and expended from a separate fund created in
the State Treasury, to be known as the Geology and Geophysics Fund,
which fund is hereby created by this chapter.
SEC. 111. Section 7887 of the Business and Professions Code is
repealed.
SEC. 112.
SEC. 13. Section 8710 of the Business and Professions Code
is amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
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 become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board shall be limited to only those
unresolved issues identified by the Joint Legislative Sunset Review
Committee.
SEC. 113.
SEC. 14. Section 8741.1 of the Business and Professions Code
is amended to read:
8741.1. The second division of the examination for licensure as a
land surveyor shall include an examination that incorporates a
national examination for land surveying by a nationally recognized
entity approved by the board, and a supplemental California specific
examination. The California specific examination shall test the
applicant's knowledge of the provisions of this chapter and the board'
s rules and regulations regulating the practice of professional land
surveying in this state. The board shall prepare and distribute to
applicants for the second division of the examination a plain
language pamphlet describing the provisions of this chapter and the
board's rules and regulations regulating the practice of land
surveying in the state.
The board shall use the national examination on or before June 1,
2003. In the meantime, the board may continue to provide the current
state-only second division examination and administer the test on
the provisions of this chapter and board rules as a separate part of
the second division examination for licensure as a land surveyor.
SEC. 114.
SEC. 15. Section 8801 of the Business and Professions Code
is amended to read:
8801. Licenses issued under this chapter expire every two years,
if not renewed. Biennial renewals shall be staggered on a quarterly
basis. To renew an unexpired license the license holder shall on or
before the date of expiration indicated on the renewal receipt, apply
for renewal on a form prescribed by the board, and pay the renewal
fee prescribed by this chapter.
SEC. 115.
SEC. 16. Section 8805 of the Business and Professions Code
is amended to read:
8805. 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 land
surveyor at not more than four hundred dollars ($400), and for each
application for certification as a land surveyor-in-training (LSIT)
at not more than one hundred dollars ($100).
(b) The temporary registration fee for a land surveyor at not more
than 25 percent of the application fee in effect on the date of
application.
(c) The renewal fee for a land surveyor at not more than the
application fee.
(d) The fee for a retired license at not more than 50 percent of
the professional land surveyor application fee in effect on the date
of application.
(e) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(f) 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 shall be no more than the costs
incurred by the board.
(g) All other document fees are to be set by the board by rule.
SEC. 116.
SEC. 17. Section 22251 of the Business and Professions Code
is amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not include
an employee who, as part of the regular clerical duties of his or
her employment, prepares his or her employer's income, sales, or
payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d), or by the Bureau for Private Postsecondary and
Vocational Education under Chapter 7 (commencing with Section 94700)
of Part 59 of Division 10 of the Education Code. A curriculum
provider who is approved by the tax education council is exempt from
Chapter 7 (commencing with Section 94700) of Part 59 of Division 10
of the Education Code.
(d) "Council" means the California Tax Education Council which is
a single organization made up of not more than one representative
from each professional society, association, or other entity
operating as a California nonprofit corporation which chooses to
participate in the council and which represents tax preparers,
enrolled agents, attorneys, or certified public accountants with a
membership of at least 200 for the last three years, and not more
than one representative from each for-profit tax preparation
corporation which chooses to participate in the council and which has
at least 200 employees and has been operating in California for the
last three years. The council shall include two representatives who
are tax preparers.
SEC. 117.
SEC. 18. Section 22259 of the Business and Professions Code
is amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
that date on which it becomes inoperative and is repealed.
SEC. 118.
SEC. 19. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.