BILL NUMBER: SB 275 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 24, 2009
An act to amend Sections 6704, 6706.3, 6730, 6737.3, 6738, 6740,
6741, and 6787 of, to add Sections 6702.3, 6702.4, 6702.5, 6702.6,
6702.7, 6702.8, 6702.9, 6702.10, 6702.11, 6730.5, 6730.6, 6730.7,
6731.7, and 6731.8 to, and to repeal Sections 6704.1 and 6737.2 of,
the Business and Professions Code, relating to engineers.
LEGISLATIVE COUNSEL'S DIGEST
SB 275, as introduced, Walters. Professional engineers.
Existing law establishes the Board for Professional Engineers and
Land Surveyors in the Department of Consumer Affairs. Existing law
recognizes various engineering disciplines. Existing law prohibits
the practicing of civil, electrical, and mechanical engineering by
any person who has not passed a specified examination and who is not
appropriately licensed by the board in that discipline. Existing law
makes various violations of the Professional Engineers Act a crime,
including the practice or offer to practice by a person of civil,
electrical, or mechanical engineering without authorization as
provided by the act.
This bill would prohibit the practice of agricultural, chemical,
control system, fire protection, industrial, metallurgical, nuclear,
petroleum, and traffic engineering by any person who has not passed a
specified examination and who is not appropriately licensed by the
board in the particular discipline. The bill would make other changes
to related provisions.
By revising this definition of a crime to include additional
engineering disciplines, 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6702.3 is added to the Business and Professions
Code, to read:
6702.3. "Chemical engineer" as used in this chapter means a
professional engineer in the branch of chemical engineering and
refers to one who practices or offers to practice chemical
engineering in any of its phases.
SEC. 2. Section 6702.4 is added to the Business and Professions
Code, to read:
6702.4. "Control system engineer" as used in this chapter means a
professional engineer in the branch of control system engineering
and refers to one who practices or offers to practice control system
engineering in any of its phases.
SEC. 3. Section 6702.5 is added to the Business and Professions
Code, to read:
6702.5. "Fire protection engineer" means a professional engineer
in the branch of fire protection engineering and refers to one who
practices or offers to practice fire protection engineering in any of
its phases.
SEC. 4. Section 6702.6 is added to the Business and Professions
Code, to read:
6702.6. "Nuclear engineer" means a professional engineer in the
branch of nuclear engineering and refers to one who practices or
offers to practice nuclear engineering in any of its phases.
SEC. 5. Section 6702.7 is added to the Business and Professions
Code, to read:
6702.7. "Petroleum engineer" means a professional engineer in the
branch of petroleum engineering and refers to one who practices or
offers to practice petroleum engineering in any of its phases.
SEC. 6. Section 6702.8 is added to the Business and Professions
Code, to read:
6702.8. "Traffic engineer" means a professional engineer in the
branch of traffic engineering and refers to one who practices or
offers to practice traffic engineering in any of its phases.
SEC. 7. Section 6702.9 is added to the Business and Professions
Code, to read:
6702.9. "Agricultural engineer" means a professional engineer in
the branch of agricultural engineering and refers to one who
practices or offers to practice agricultural engineering in any of
its phases.
SEC. 8. Section 6702.10 is added to the Business and Professions
Code, to read:
6702.10. "Industrial engineer" means a professional engineer in
the branch of industrial engineering and refers to one who practices
or offers to practice industrial engineering in any of its phases.
SEC. 9. Section 6702.11 is added to the Business and Professions
Code, to read:
6702.11. "Metallurgical engineer" means a professional engineer
in the branch of metallurgical engineering and refers to one who
practices or offers to practice metallurgical engineering in any of
its phases.
SEC. 10. Section 6704 of the Business and Professions Code is
amended to read:
6704. (a) In order to safeguard life, health, property, and
public welfare, no person shall practice agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical ,
metallurgical, nuclear, petroleum, or traffic engineering
unless appropriately licensed or specifically exempted from licensure
under this chapter, and only persons licensed under this chapter
shall be entitled to take and use the titles "consulting engineer,"
"professional engineer," "licensed engineer," or
"registered engineer," or any combination of those titles or
abbreviations thereof, and according to licensure with the board the
engineering branch titles specified in Section 6732, or the authority
titles specified in Sections 6736 and 6736.1, or the title
"engineer-in-training."
(b) The provisions of this section shall not prevent the use of
the title "consulting engineer" by a person who has qualified for and
maintained exemption for using that title under the provisions of
Section 6732.1, or by a person licensed as a photogrammetric
surveyor.
SEC. 11. 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.
SEC. 12. Section 6706.3 of the Business and Professions Code is
amended to read:
6706.3. Any reference in any law or regulation to a registered
engineer, or to a registered agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical , metal
lurgical, nuclear, petroleum, or traffic engineer, is
deemed to refer to a licensed engineer, or to a licensed
agricultural, chemical, civil, control system,
electrical, or fire protection, industrial,
mechanical , metallurgical, nuclear, petroleum, or traffic
engineer, as the case may be.
SEC. 13. Section 6730 of the Business and Professions Code is
amended to read:
6730. In order to safeguard life, health, property and public
welfare, any person, either in a public or private capacity, except
as in this chapter specifically excepted, who practices, or offers to
practice, agricultural engineering, chemical engineering,
civil engineering, control system engineering, electrical
engineering or , fire protection
engineering, industrial engineering, mechanical engineering,
metallurgical engineering, nuclear engineering, petroleum
engineering, or traffic engineering in any of its branches in
this state, including any person employed by the State of California,
or any city, county, or city and county, who practices engineering,
shall submit evidence that he or she is qualified to practice, and
shall be licensed accordingly as a an
agricultural engineer, chemical engineer, civil engineer,
control system engineer, electrical engineer or
, fire protection engineer, industrial engineer,
mechanical engineer , metallurgical engineer, nuclear engineer,
petroleum engineer, or traffic engineer by the board.
SEC. 14. Section 6730.5 is added to the Business and Professions
Code, to read:
6730.5. (a) The professional practice of engineering in the
branches and title authorities described in this chapter may overlap,
and some activities are common to two or more branches and title
authorities.
(b) Nothing in this chapter shall prohibit overlap by an engineer
licensed under the provisions of this chapter except in the area of
structural engineering as defined in Section 6731.8. The scope of
overlap is limited to his or her area of competency defined in
Section 6730.6 and is further limited to practicing or offering to
practice any engineering in connection with and incidental to his or
her branch of licensure.
(c) As that engineering work may be in connection with and
incidental to the engineering work of the professional engineer on a
specific project or activities related to a professional engineer's
licensed branch of engineering, it shall not be necessary for the
board to define in regulation permissible engineering work that may
be in connection with and incidental to the engineering work of the
professional engineer, or which specific tasks or activities a
professional engineer may or may not perform.
(d) No local agency, including a city, county, city and county,
special district, or joint powers authority, may impose a requirement
that limits or restricts a licensed engineer's ability to practice
engineering in or before the local agency in any manner that
conflicts with the provisions of this chapter.
SEC. 15. Section 6730.6 is added to the Business and Professions
Code, to read:
6730.6. A professional engineer may practice engineering work
only in the field or fields in which he or she is by education or
experience competent and proficient.
SEC. 16. Section 6730.7 is added to the Business and Professions
Code, to read:
6730.7. (a) Subject to Section 6730.6, any engineer who holds a
valid license may practice without limitation or restriction in the
following practice areas: agricultural engineering, chemical
engineering, control system engineering, fire protection engineering,
industrial engineering, metallurgical engineering, nuclear
engineering, petroleum engineering, and traffic engineering.
(b) No local agency, including a city, county, city and county,
special district, or joint powers authority, may impose a requirement
that limits or restricts a licensed engineer's ability to practice
engineering in or before the local agency in any manner that
conflicts with the provisions of this chapter.
SEC. 17. Section 6731.7 is added to the Business and Professions
Code, to read:
6731.7. The following definitions may not be construed as
regulating any profession other than professional engineering:
(a) "Agricultural engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand and apply engineering principles to the
design, construction, and use of specialized equipment, machines,
structures, and materials relating to the agricultural industry, the
economy, food safety, and the environment. It requires knowledge of
the engineering sciences relating to, and the effect on food safety
and the environment from, the following: physical and biological
properties of, and processing of, foods and fibers; atmospheric
phenomena as they are related to agricultural operations; drainage
and farm water discharge; soil dynamics as related to traction,
tillage, and plant-soil-water relationships; human factors relative
to safe design and use of agricultural machines; and the safe and
proper application and use of agricultural chemicals.
A person practices agricultural engineering when he or she
professes to be an agricultural engineer or is in responsible charge
of agricultural engineering work.
(b) "Chemical engineering" is that branch of professional
engineering that embraces studies or activities relating to the
development and application of processes in which chemical or
physical changes of materials are involved. These processes are
usually resolved into a coordinated series of unit physical
operations and unit chemical processes. It is concerned with the
research, design, production, operational, organizational, and
economic aspects of the above.
A person practices chemical engineering when he or she professes
to be a chemical engineer or is in responsible charge of chemical
engineering work.
(c) "Control system engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the science of instrumentation and automatic
control of dynamic processes, and requires the ability to apply this
knowledge to the planning, development, operation, and evaluation of
systems of control so as to ensure the safety and practical
operability of those processes.
A person practices control system engineering when he or she
professes to be a control system engineer or is in responsible charge
of control system engineering work.
(d) "Fire protection engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the engineering principles relating to the
safeguarding of life and property from fire, fire-related hazards and
explosions. It requires the ability to apply this knowledge to the
identification, evaluation, correction, or prevention of present or
potential fire, fire-related explosion hazards, and any resultant
panic therefrom, in buildings, groups of buildings, or communities.
It includes the arrangement and use of appropriate safeguards, and
executing the engineering design for fire-resistant building
materials and fire detection and alarm, smoke control, egress and
fire-suppression systems, fire-suppression water supply, and other
devices and apparatus in order to protect life and property.
A person practices fire protection engineering when he or she
professes to be a fire protection engineer or is in responsible
charge of fire protection engineering work.
(e) "Industrial engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to investigate, design, and evaluate systems of persons,
materials, and facilities for the purpose of economical and efficient
production, use, and distribution. It requires the application of
specialized engineering knowledge of the mathematical and physical
sciences, together with the principles and methods of engineering
analysis and design to specify, predict, and evaluate the results to
be obtained from those systems.
A person practices industrial engineering when he or she professes
to be an industrial engineer or is in responsible charge of
industrial engineering work.
(f) "Metallurgical engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to seek, understand, and apply the principles of the
properties and behavior of metals in solving engineering problems
dealing with the research, development, and application of metals and
alloys, and the manufacturing practices of extracting, refining, and
processing of metals.
A person practices metallurgical engineering when he or she
professes to be a metallurgical engineer or is in responsible charge
of metallurgical engineering work.
(g) "Nuclear engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to apply the principles of nuclear physics to the
engineering utilization of nuclear phenomena for the benefit of
mankind, and that is also concerned with the protection of the public
from the potential hazards of radiation and radioactive materials.
Nuclear engineering is primarily concerned with the interaction of
radiation and nuclear particles with matter. Nuclear engineering
requires the application of specialized knowledge of the mathematical
and physical sciences, together with the principles and methods of
engineering design and nuclear analysis to specify, predict, and
evaluate the behavior of systems involving nuclear reactions, and to
ensure the safe, efficient operation of these systems, and their
nuclear products and byproducts. Nuclear engineering encompasses, but
is not limited to, the planning and design of the specialized
equipment and process systems of nuclear reactor facilities, and the
protection of the public from any hazardous radiation produced in the
entire nuclear reaction process. These activities include all
aspects of the manufacture, transportation, and use of radioactive
materials.
A person practices nuclear engineering when he or she professes to
be a nuclear engineer or is in responsible charge of nuclear
engineering work.
(h) "Petroleum engineering" is that branch of professional
engineering that embraces studies or activities relating to the
exploration, exploitation, location, and recovery of natural fluid
hydrocarbons. It is concerned with research, design, production, and
operation of devices and the economic aspects of the above.
A person practices petroleum engineering when he or she professes
to be a petroleum engineer or is in responsible charge of petroleum
engineering work.
(i) "Traffic engineering" is that branch of professional
engineering that requires such education and experience as is
necessary to understand the science of measuring traffic and travel
and the human factors relating to traffic generation and flow, and
requires the ability to apply this knowledge to planning, operation,
design, and evaluation of streets and highways and their networks,
abutting lands, and interrelationships with other modes of travel,
and to provide safe and efficient movement of people and goods.
A person practices traffic engineering when he or she professes to
be a traffic engineer or is in responsible charge of traffic
engineering work.
(j) As it applies to the engineering branch disciplines in this
section, all engineering plans, specifications, calculations, and
reports (hereafter documents) prepared by, or under the responsible
charge of, a licensed engineer in the appropriate engineering branch
shall include his or her name and license number. Interim documents
shall include a notation as to the intended purpose of the document,
such as "preliminary," "not for construction," "for plan check only,"
or "for review only." All engineering plans and specifications that
are permitted or that are to be released for construction shall bear
the signature and seal or stamp of the licensee, the date of signing
and sealing or stamping, and the expiration date of the license. All
final engineering calculations and reports shall bear the signature
and seal or stamp of the licensee, the date of signing and sealing or
stamping, and the expiration date of the license. If engineering
plans are required to be signed and sealed or stamped and have
multiple sheets, the signature, seal or stamp, date of signing and
sealing or stamping, and expiration date of the license shall appear
on each sheet of the plans. If engineering specifications,
calculations, and reports are required to be signed and sealed or
stamped and have multiple pages, the signature, seal or stamp, date
of signing and sealing or stamping, and expiration date of the
license shall appear at a minimum on the title sheet, cover sheet, or
signature sheet.
(k) Notwithstanding subdivision (j), a licensed engineer who signs
engineering documents shall not be responsible for damage caused by
subsequent changes to or uses of those documents, if the subsequent
changes or uses, including changes or uses made by state or local
governmental agencies, are not authorized or approved by the licensed
engineer who originally signed the documents, provided that the
engineering service rendered by the licensed engineer who signed the
documents was not also a proximate cause of the damage.
SEC. 18. Section 6731.8 is added to the Business and Professions
Code, to read:
6731.8. Structural engineering is that part of civil engineering
that involves the application of specialized civil engineering
knowledge and experience to the design and analysis of buildings or
other structures that are constructed or rehabilitated to resist
forces induced by vertical and horizontal loads of a static and
dynamic nature. This specialized knowledge includes familiarity with
scientific and mathematical principles, experimental research data,
and practical construction methods and processes. The design and
analysis shall include consideration of stability, deflection,
stiffness, and other structural phenomena that affect the behavior of
the building or other structure.
SEC. 19. Section 6737.2 of the Business and Professions Code is
repealed.
6737.2. Nothing in this chapter shall prohibit a civil engineer,
registered under the provisions of this chapter, from practicing or
offering to practice any engineering in connection with or
supplementary to civil engineering studies or activities as defined
in Section 6731.
SEC. 20. Section 6737.3 of the Business and Professions Code is
amended to read:
6737.3. (a) A contractor licensed under
Chapter 9 (commencing with Section 7000) of Division 3 is exempt from
the provisions of this chapter relating to the practice of
control system, electrical , fire protection, or
mechanical engineering so long as the services he or she holds
himself or herself out as able to perform or does perform, which
services are subject to the provisions of this chapter, are performed
by, or under the responsible charge of a registered control
system, electrical , fire protection, or mechanical
engineer insofar as the control system, electrical ,
fire protection, or mechanical engineer practices the branch of
engineering for which he or she is registered
licensed .
This
(b) This section shall not
prohibit a licensed contractor, while engaged in the business of
contracting for the installation of control system,
electrical , fire protection, or mechanical systems or
facilities, from designing those systems or facilities in accordance
with applicable construction codes and standards for work to be
performed and supervised by that contractor within the classification
for which his or her license is issued, or from preparing
control system, electrical , fire protection, or
mechanical shop or field drawings for work which he or she has
contracted to perform. Nothing in this section is intended to imply
that a licensed contractor may design work which
that is to be installed by another person.
SEC. 21. Section 6738 of the Business and Professions Code is
amended to read:
6738. (a) As used in
this section, "professional engineering services" means agricultural,
chemical, civil, control system, electrical, fire protection,
industrial, mechanical, metallurgical, nuclear, petroleum, or traffic
engineering services.
(a) This chapter does not prohibit one or
more agricultural, chemical, civil, control system,
electrical, or fire protection,
industrial, mechanical , metallurgical, nuclear,
petroleum, or traffic engineers from practicing or offering to
practice within the scope of their license agricultural,
chemical, civil (including geotechnical and
structural) , control system, electrical,
or fire protection, industrial,
mechanical , metallurgical, nuclear, petroleum, or
traffic engineering as a sole proprietorship, partnership, firm,
or corporation (hereinafter (hereafter
called business), if as long as all of
the following requirements are met:
(1) A An agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical ,
metallurgical, nuclear, petroleum, or traffic engineer
currently licensed in this state is an owner, part owner,
partner, or officer in charge of the engineering practice of the
business.
(2) All civil, electrical, or mechanical
professional engineering services are performed by, or under
the responsible charge of, a professional
licensed engineer licensed in the
appropriate branch of professional engineering.
(3) If the The business name of a
California engineering business contains
shall only contain the name of any
person, then that person shall be
who is licensed as a by the board in a
branch of professional engineer
engineering , a licensed land surveyor, a licensed architect,
or a geologist registered under the Geologist and Geophysicist
Act (Chapter 12.5 (commencing with Section 7800)). Any offer,
promotion, or advertisement by the business that contains the name of
any individual in the business, other than by use of the name of an
individual in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have
an owner, partner, a part owner or
officer who is in charge of the engineering work in the branch in
this state, who is licensed in this state, and who is physically
present at the branch office in this state on a regular basis.
However, the name of the business may contain the name of any person
not licensed in this state if that person is appropriately registered
or licensed in another state. Any offer, promotion, or advertisement
which contains the name of any individual in the business, other
than by use of the names of the individuals in the business name,
shall clearly and specifically designate the license or registration
discipline of each individual named.
(c) The business A fictitious name
of a California engineering business may be
a fictitious name. However, used for an
engineering business if (1) the fictitious
name includes the name of any person, the
requirements of does not conflict with paragraph
(3) of subdivision (a) requiring that names used in the
business name shall be met appropriately
licensed or registered individuals and (2) an organization record
form is filed with the board .
(d) A person not licensed under this chapter may also be a
partner part owner or an officer of
a an agricultural, chemical, civil,
control system, electrical, or fire
protection, industrial, mechanical , metallurgical,
nuclear, petroleum, or traffic engineering business if the
requirements of subdivision (a) are met. Nothing in this section
shall be construed to permit a person who is not licensed under this
chapter to be the sole
owner of a an agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical ,
metallurgical, nuclear, petroleum, or traffic engineering
business, unless otherwise exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor other than the practice of
agricultural, chemical, civil, control system,
electrical, or fire protection, industrial,
mechanical , metallurgical, nuclear, petro
leum, or traffic engineering from employing or contracting with
a licensed agricultural, chemical, civil, control
system, electrical, or fire protection,
industrial, mechanical , metallurgical, nuclear,
petroleum, or traffic engineer to perform the respective
engineering services incidental to the conduct of business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering civil, electrical, or
mechanical professional engineering services,
including the use by any lawful successor or survivor, that lawfully
was in existence on December 31, 1987. However, the business is
subject to paragraphs (1) and (2) of subdivision (a) and the
business shall file an organization record form with the board as
designated by board rule .
(g) A business engaged in rendering civil, electrical, or
mechanical professional engineering services
may use in its name the name of a deceased or retired person provided
all of the following conditions are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner
part owner , or officer of the business, or an
owner, partner part owner , or officer
of the predecessor in interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a).
(6) The business files a current organization record form with the
board.
(h) This section does not affect the provisions of Sections 6731.2
and 8726.1.
(i) A current organization record form shall be filed
with the board for all All businesses engaged in
rendering civil, electrical, or mechanical
professional engineering services shall file a current
organization record form with the board .
SEC. 22. Section 6740 of the Business and Professions Code is
amended to read:
6740. A subordinate to a an agricultural,
chemical, civil, control system, electrical
or , fire protection, industrial,
mechanical , metallurgical, nuclear, petroleum, or traffic
engineer licensed under this chapter, or a subordinate to a
an agricultural, chemical, civil, control
system, electrical or , fire
protection, industrial, mechanical , metallurgical,
nuclear, petroleum, or traffic engineer exempted from licensure
under this chapter, insofar as he or she acts solely in that
capacity, is exempt from licensure under the provisions of this
chapter. This exemption, however, does not permit any such
the subordinate to practice agricultural,
chemical, civil, control system, electrical
or , fire protection, industrial, mechanical
, metallurgical, nuclear, petroleum, or traffic
engineering in his or her own right or to use the titles listed in
Sections 6732, 6736, and 6736.1.
SEC. 23. Section 6741 of the Business and Professions Code is
amended to read:
6741. Any person, firm, partnership, or corporation is exempt
from registration licensure under the
provisions of this chapter who meets all the following:
(a) Is a nonresident of the State of California.
(b) Is legally qualified in another state to practice as
a an agricultural, chemical, civil, control
system, electrical, or fire
protection, industrial, mechanical , metallurgical,
nuclear, petroleum, or traffic engineer.
(c) Does not maintain a regular place of business in this state.
(d) Offers to but does not practice agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical ,
metallurgical, nucle ar, petroleum, or traffic
engineering in this state.
SEC. 24. Section 6787 of the Business and Professions Code is
amended to read:
6787. Every person is guilty of a misdemeanor:
(a) Who, unless he or she is exempt from licensure under this
chapter, practices or offers to practice agricultural, chemical,
civil, control system, electrical, or
fire protection, industrial, mechanical ,
metallurgical, nuclear, petroleum, or traffic
engineering in this state according to the provisions of this chapter
without legal authorization.
(b) Who presents or attempts to file as his or her own the
certificate of licensure of a licensed professional engineer unless
he or she is the person named on the certificate of licensure.
(c) Who gives false evidence of any kind to the board, or to any
member thereof, in obtaining a certificate of licensure.
(d) Who impersonates or uses the seal of a licensed professional
engineer.
(e) Who uses an expired, suspended, surrendered, or revoked
certificate issued by the board.
(f) Who represents himself or herself as, or uses the title of, a
licensed or registered agricultural, chemical, civil,
control system, electrical, or fire
protection, industrial, mechanical , metallurgical,
nuclear, petroleum, or traffic engineer, or any other title
whereby that person could be considered as practicing or offering to
practice agricultural, chemical, civil, control
system, electrical, or fire protection,
industrial, mechanical , metallurgical, nuclear,
petroleum, or traffic engineering in any of its branches,
unless he or she is correspondingly qualified by licensure as
a an agricultural, chemical, civil,
control system, electrical, or
fire protection, industrial, mechanical , metallurgical,
nuclear, petroleum, or traffic engineer under this chapter.
(g) Who, unless appropriately licensed, manages, or conducts as
manager, proprietor, or agent, any place of business from which
agricultural, chemical, civil, control system,
electrical, or fire protection, industrial,
mechanical , metallurgical, nuclear,
petroleum, or traffic engineering work is solicited, performed,
or practiced, except as authorized pursuant to subdivision (d) of
Section 6738 and Section 8726.1.
(h) Who uses 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 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 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 any provision of this chapter.
SEC. 25. 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.