BILL NUMBER: AB 937 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 4, 2007
PASSED THE ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN SENATE JULY 5, 2007
AMENDED IN SENATE JUNE 11, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Committee on Business and Professions (Eng (Chair),
Emmerson (Vice Chair), Bass, Carter, Hayashi, Hernandez, Horton,
Maze, Price, and Torrico)
FEBRUARY 22, 2007
An act to amend Sections 5535, 5535.1, 5535.2, 5535.3, 5616, and
5640 of, and to add Section 5535.25 to, the Business and Professions
Code, relating to architecture.
LEGISLATIVE COUNSEL'S DIGEST
AB 937, Committee on Business and Professions. Architects:
landscape architects.
The Architects Practice Act provides for licensing and regulation
of persons engaged in the practice of architecture by the California
Architects Board. Existing law provides for the licensing of certain
persons, as defined, to practice architecture and permits an
architect to form a partnership with nonarchitects if certain
conditions are met. Existing law requires architects to have
responsible control, as defined, over certain aspects of practice.
Existing law authorizes a corporation to furnish or supply by
contract architectural services by and under the responsible control
of a licensed architect or architects. Existing law makes it a crime
for an unlicensed person to engage in certain activities related to
architecture, for a person to make certain representations, or for a
licensee in responsible control of plans, specifications, and
instruments of service not to sign off on those documents.
This bill would revise the definition of a person for purposes of
the Architects Practice Act to also include a partnership or a
professional corporation and would specify that the term includes a
general corporation rather than a corporation. The bill would permit
an architect to form a business entity or collaborate with a
nonarchitect as long as certain conditions are met and would define
the terms "business entity" and "collaboration" to include an
employer and employee relationship, a joint venture, a partnership, a
general corporation, and a consulting relationship, as specified.
The bill would additionally revise the definition of "responsible
control" to mean control over the content of all architectural
instruments of service, rather than control over the content of
technical submissions. The bill would permit a corporation to furnish
or supply by contract architectural services as long as any
architects' professional services are offered and provided under the
responsible control of a licensed architect or architects. The bill
would declare that its provisions shall not be construed to restrict
or limit the scope of practice of a professional engineer or a
professional land surveyor who forms a business entity or
collaborates with one or more architects or a corporation providing
architectural services. Because this bill would expand the
application of certain criminal provisions, it would impose a
state-mandated local program.
Existing law provides for the licensure and regulation of
landscape architects by the California Architects Board and makes it
a misdemeanor for any person to, among other things, engage in the
practice of landscape architecture without a valid, unrevoked license
from the board. Existing law requires landscape architects to
provide customers with detailed written contracts that include
specified provisions, including, but not limited to, a description of
the procedure that the landscape architect and client will use to
accommodate additional services.
This bill would specify exceptions to that written contract
requirement, would require that the contract be executed prior to the
landscape architect commencing work, except as specified, and would
require that the written contract also include a description of the
procedure to be used by either party to terminate the contract. The
bill would also specify that a written contract includes a contract
in electronic form. In addition, this bill would make it a
misdemeanor for an unlicensed person to use the stamp of a licensed
landscape architect, as specified, or to advertise or put out a
device that might indicate to the public that he or she is a licensed
landscape architect or qualified to engage in landscape
architecture. Because the bill would create new crimes, it 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5535 of the Business and Professions Code is
amended to read:
5535. As used in this chapter, the word "person" includes any
individual, firm, partnership, general corporation, professional
corporation, or limited liability partnership, as authorized by the
Corporations Code.
SEC. 2. Section 5535.1 of the Business and Professions Code is
amended to read:
5535.1. The phrase "responsible control" means that amount of
control over the content of all architectural instruments of service
during their preparation that is ordinarily exercised by architects
applying the required professional standard of care.
SEC. 3. Section 5535.2 of the Business and Professions Code is
amended to read:
5535.2. This chapter does not prevent an architect from forming a
business entity or collaborating with persons who are not
architects, provided that any architects' professional services that
are provided through that entity or collaboration are offered and
provided under the responsible control of an architect, or
architects, and in accordance with the provisions of this chapter.
SEC. 4. Section 5535.25 is added to the Business and Professions
Code, to read:
5535.25. As used in this chapter, the terms "business entity" and
"collaboration" include employer and employee relationships, joint
ventures, partnerships, general corporations, and consulting
relationships formed by written agreement in which the architect
provides immediate and responsible direction of architectural
services. For purposes of this section, "immediate and responsible
direction" has the same meaning as that term is defined in Section
151 of Title 16 of the California Code of Regulations.
SEC. 5. Section 5535.3 of the Business and Professions Code is
amended to read:
5535.3. This chapter does not prevent a corporation from
furnishing or supplying by contract architectural services, as long
as any architects' professional services are offered and provided
under the responsible control of a licensed architect or architects.
SEC. 6. Section 5616 of the Business and Professions Code is
amended to read:
5616. (a) A landscape architect shall use a written contract when
contracting to provide professional services to a client pursuant to
this chapter. The written contract shall be executed by the
landscape architect and the client, or their representatives, prior
to the landscape architect commencing work, unless the client
knowingly states in writing that work may be commenced before the
contract is executed. The written contract shall include, but not be
limited to, all of the following:
(1) A description of services to be provided by the landscape
architect to the client.
(2) A description of any basis of compensation applicable to the
contract, including the total price that is required to complete the
contract, and the method of payment agreed upon by both parties.
(3) A notice that reads:
"Landscape architects are licensed by the State of California."
(4) The name, address, and license number of the landscape
architect and the name and address of the client.
(5) A description of the procedure that the landscape architect
and client will use to accommodate additional services.
(6) A description of the procedure to be used by either party to
terminate the contract.
(b) This section shall not apply if the client knowingly states in
writing after full disclosure of this section that a contract that
complies with the requirements of this section is not required.
(c) This section shall not apply to any of the following:
(1) Professional services rendered by a landscape architect for
which the client will not pay compensation.
(2) An arrangement as to the basis for compensation and manner of
providing professional services implied by the fact that the
landscape architect's services are of the same general kind that the
landscape architect has previously rendered to and received payment
from the same client.
(3) Professional services rendered by a landscape architect to any
of the following:
(A) A landscape architect licensed under this chapter.
(B) An architect licensed under Chapter 3 (commencing with Section
5500).
(C) A professional engineer licensed under Chapter 7 (commencing
with Section 6700).
(D) A professional land surveyor licensed under Chapter 15
(commencing with Section 8700).
(E) A contractor licensed under Chapter 9 (commencing with Section
7000).
(F) A geologist or geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
(G) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with, or incidental to, the products, systems,
or services of that corporation or its affiliates.
(H) A public agency.
(d) As used in this section, "written contract" includes a
contract that is in electronic form.
SEC. 7. Section 5640 of the Business and Professions Code is
amended to read:
5640. It is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars
($5,000) or by imprisonment in the county jail not exceeding six
months, or by both that fine and imprisonment, for a person to do any
of the following without possessing a valid, unrevoked license as
provided in this chapter:
(a) Engage in the practice of landscape architecture.
(b) Use the title or term "landscape architect", "landscape
architecture," "landscape architectural," or any other titles, words,
or abbreviations that would imply or indicate that he or she is a
landscape architect as defined in Section 5615.
(c) Use the stamp of a licensed landscape architect, as provided
in Section 5659.
(d) Advertise or put out a sign, card, or other device that might
indicate to the public that he or she is a licensed landscape
architect or qualified to engage in the practice of landscape
architecture.
SEC. 8. This act shall not be construed to restrict or limit the
scope of practice of a professional engineer or a professional land
surveyor who forms a business entity or collaborates with one or more
architects or a corporation providing architectural services.
SEC. 9. 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.