BILL NUMBER: AB 1431 CHAPTERED
BILL TEXT
CHAPTER 696
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 31, 2010
AMENDED IN SENATE AUGUST 30, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 5, 2010
AMENDED IN SENATE MARCH 9, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 27, 2009
An act to amend Sections 6710, 6711, 6712, 7801, and 8706 of the
Business and Professions Code, relating to geologists and
geophysicists.
LEGISLATIVE COUNSEL'S DIGEST
AB 1431, Hill. Geologists and geophysicists.
Existing law establishes in the Department of Consumer Affairs a
Board for Professional Engineers and Land Surveyors, consisting of 13
members. Existing law requires that membership to include 5
engineers, one land surveyor, and 7 public members. Existing law
requires the Governor to appoint 5 of the public members and all of
the professional members. The Senate Committee on Rules and the
Speaker of the Assembly are required to each appoint a public member.
Existing law requires the Board for Professional Engineers and
Land Surveyors to administer the Geologists and Geophysicists Act.
This bill would rename the board as the Board for Professional
Engineers, Land Surveyors, and Geologists. The bill would change the
membership of the board to 15 to include a professional member
licensed under the Geologists and Geophysicists Act and an additional
public member, to be appointed by the Governor. The bill would make
conforming changes to related provisions.
This bill would incorporate additional changes to Section 6710 of
the Business and Professions Code proposed by SB 294, to become
operative if this bill is enacted after SB 294.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 become inoperative on July 1, 2011, and,
as of January 1, 2012, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2012, 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. 1.5. 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,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 2. Section 6711 of the Business and Professions Code is
amended to read:
6711. Each member of the board shall be a citizen of the United
States. Five members shall be registered under this chapter. One
member shall be licensed under the Land Surveyors' Act, Chapter 15
(commencing with Section 8700), one member shall be licensed under
the Geologists and Geophysicists Act, Chapter 12.5 (commencing with
Section 7800), and eight shall be public members who are not
registered under this act, licensed under the Geologists and
Geophysicists Act, or licensed under the Land Surveyors' Act. Each
member, except the public members, shall have at least 12 years
active experience and shall be of good standing in his or her
profession. Each member shall be at least 30 years of age, and shall
have been a resident of this state for at least five years
immediately preceding his or her appointment.
SEC. 3. Section 6712 of the Business and Professions Code is
amended to read:
6712. (a) All appointments to the board shall be for a term of
four years. Vacancies shall be filled by appointment for the
unexpired term. Each appointment thereafter shall be for a four-year
term expiring on June 30 of the fourth year following the year in
which the previous term expired.
(b) Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
(c) The Governor shall appoint professional members so that one is
licensed to practice engineering as a civil engineer, one as an
electrical engineer, one as a mechanical engineer, another is
authorized to use the title of structural engineer, and one is a
member of one of the remaining branches of engineering. One of the
professional members licensed under this chapter or under Chapter 15
(commencing with Section 8700) shall be from a local public agency,
and one shall be from a state agency.
(d) The Governor shall appoint six of the public members and the
professional members qualified as provided in Section 6711. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
SEC. 4. Section 7801 of the Business and Professions Code is
amended to read:
7801. (a) "Board," as used in this chapter, means the Board for
Professional Engineers, Land Surveyors, and Geologists established
under Section 6710. Any reference in any law or regulation to the
Board for Geologists and Geophysicists or the State Board of
Registration for Geologists and Geophysicists shall be deemed to
refer to the Board for Professional Engineers, Land Surveyors, and
Geologists.
(b) The board shall succeed to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdiction
previously vested in the Board for Geologists and Geophysicists.
(c) The board shall receive two personnel years that were
previously allocated to the Board for Geologists and Geophysicists
for the performance of the board's responsibilities under this
chapter.
SEC. 5. Section 8706 of the Business and Professions Code is
amended to read:
8706. "Board" refers to the Board for Professional Engineers,
Land Surveyors, and Geologists.
SEC. 6. Section 1.5 of this bill incorporates amendments to
Section 6710 of the Business and Professions Code proposed by both
this bill and SB 294. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) each bill amends Section 6710 of the Business and Professions
Code, and (3) this bill is enacted after SB 294, in which case
Section 1 of this bill shall not become operative.