BILL NUMBER: SB 1576 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Price (Chair), Corbett, Correa, Emmerson,
Hernandez, Negrete McLeod, Strickland, Vargas, and Wyland)
MARCH 12, 2012
An act to amend Sections 5070.1, 5072, 5076, 5093,
5094.6, 5107, 7011.8, and 7076 , 8741, 8762,
8773, 12012, 12012.1, 12024.11, 12027, 12104, 12104.5, 12105,
12106.5, 12107, 12107.1, 12108, 12201, 12201.2, 12202, 12203, 12205,
12210.5, 12212, 12214, 12314, 12500.5, 12500.6, 12500.8, 12609,
12610, 12706, 12708, 12722, 12723, 12727, 12735, 13403, 13440, 13450,
13460, 13461, 13480, and 13710 of, to amend and renumber
Section 12736 of, to repeal Section 13302 of, and to repeal and
add Section 5019 of, the Business and Professions Code, relating to
professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1576, as amended, Committee on Business, Professions and
Economic Development. Professions and vocations.
Existing law provides for the licensure and regulation of
professions and vocations by boards within the Department of Consumer
Affairs.
(1) Existing law provides for the licensure and regulation of the
practice of accountancy by the California Board of Accountancy. Under
existing law, permits to engage in the practice of public
accountancy are required to be issued by the board only to holders of
the certificate of certified public accountant, and to those
partnerships, corporations, and other persons who, upon application
approved by the board, are registered with the board.
Under existing law, the rules of professional conduct adopted by
the board are required to be printed as a part of the application
blanks for both certificates and registration and every applicant for
either a certificate or registration is required to subscribe
thereto when making an application.
This bill would require such an applicant to acknowledge the fact
that the applicant has read and understands the rules of professional
conduct adopted by the board.
Existing law authorizes a partnership, except as specified, to be
registered by the board to engage in the practice of public
accountancy provided it meets certain requirements, including, but
not limited to, that each partner personally engaged within this
state in the practice of public accountancy has a valid permit or
certificate to practice in this state and that, except as specified,
each partner not personally engaged in the practice of public
accountancy within this state is required to be a certified public
accountant in good standing of some state.
This bill would modify those requirements to instead include that
each partner engaged within this state in the practice of public
accountancy has a valid permit or certificate to practice in this
state and that, except as specified, each partner not engaged in the
practice of public accountancy within this state is required to be a
certified public accountant in good standing of some state.
Existing law requires a firm, in order to renew its registration,
to have a specified peer review report accepted by a board-recognized
peer review group. Existing law requires the board to adopt
regulations and emergency regulations to implement, interpret, and
make specific these peer review requirements.
This bill would delete that requirement to adopt emergency
regulations.
Existing law requires an applicant for the certified public
accountant license to comply with certain education, examination, and
experience requirements under one of 2 provisions that set forth
different standards, commonly referred to as the 2 "pathways."
Existing law, under the 2nd pathway, requires an applicant to present
satisfactory evidence that the applicant has completed certain
education, and after December 31, 2013, that education is required to
include specified ethics study. Existing law authorizes the Advisory
Committee on Accounting Ethics Curriculum to determine that a course
satisfies the ethics study requirement. No later than June 1, 2012,
existing law also requires the Advisory Committee on Accounting
Ethics Curriculum to recommend to the board ethics study guidelines,
as defined, to be included as part of the educational requirements.
This bill would delete those provisions establishing the
responsibilities of the committee.
Existing law authorizes the board to conditionally renew or
reinstate for a maximum of one year the permit or certificate of a
holder who demonstrates financial hardship and who enters into a
formal agreement with the board to reimburse the board within that
one-year period for those unpaid costs.
This bill would authorize the board to conditionally renew or
reinstate for a maximum of 3 years a permit or certificate if the
holder demonstrates financial hardship and enters into a formal
agreement with the board to reimburse the board within that 3-year
period for those unpaid costs.
Existing law provides that an accountant who is no longer actively
engaged in practice may, upon application to the board and meeting
specified requirements, have his or her license placed on retired
status. Existing law prohibits the board, beginning on a specified
date, from approving an application for a retired status license if
the applicant's permit is delinquent.
This bill would remove the prohibition against granting retired
status to an accountant's license which had become delinquent and
would allow an accountant whose license was canceled for failure to
renew to apply for his or her license to be placed in retired status.
This bill would also exempt holders of licenses placed in retired
status during a specified period from complying with certain
requirements.
(2) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Existing law requires the board to appoint a
registrar to serve as the executive officer and secretary of the
board to carry out the duties delegated by the board. Under existing
law, any person who reports to or causes a complaint to be filed with
the board that a licensee has engaged in professional misconduct,
knowing that complaint to be false, is guilty of a crime. Existing
law authorizes the board to notify the district attorney or city
attorney that a person has made what the board believes is a false
report or complaint.
This bill would limit application of those provisions to any
person licensed by the board and would instead authorize the
registrar to issue a citation to such a person.
(3) Existing law, the Professional Land Surveyors' Act, provides
for licensing and regulation of land surveyors by the Board for
Professional Engineers, Land Surveyors, and Geologists. Existing law
specifies the examinations required to obtain a license, with certain
exemptions for registered professional engineers and certain
engineers-in-training.
This bill would limit that exemption to persons who were
registered as professional engineers prior to January 1, 1982.
Existing law requires a licensed land surveyor to sign a corner
record, other than lost corners, as defined.
This bill would revise the references in these provisions to a
manual issued by the United States Bureau of Land Management.
Existing law requires a licensed land surveyor or licensed civil
engineer, after making a field survey, to file with the county
surveyor a record of the survey if, among other things, it discloses
the establishment of one or more points or lines not shown on any
subdivision map, official map, or record of survey, as specified.
This bill would also require the field survey to be filed with the
county surveyor if it discloses the location, relocation,
reestablishment, or retracement of one or more points or lines not
shown on any subdivision map, official map, or record of survey.
(3)
(4) This bill would make other technical,
nonsubstantive, and conforming changes.
Existing law vests the Secretary of Food and Agriculture with
general supervision of weights and measures and weighing and
measuring devices sold or used in the state, and authorizes the
secretary to exercise any power conferred upon the department or upon
the State Sealer, who is the chief of the division of the department
charged with the enforcement of the provisions relating to weights
and measures.
This bill would make various technical, nonsubstantive changes to
these provisions, to, among other things, correct references to the
secretary, the California Agricultural Commissioners and Sealers
Association, ASTM International, and SAE International. The bill
would delete a duplicate provision and renumber a provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5019 of the Business and Professions Code is
repealed.
SEC. 2. Section 5019 is added to the Business and Professions
Code, to read:
5019. Every applicant, when subscribing to an application for
certificate or registration, shall acknowledge the fact that the
applicant has read and understands the rules of professional conduct
adopted by the board.
SEC. 3. Section 5070.1 of the Business
and Professions Code is amended to read:
5070.1. (a) The board may establish, by regulation, a system for
the placement of a license on a retired status, upon application, for
certified public accountants and public accountants who are not
actively engaged in the practice of public accountancy or any
activity which requires them to be licensed by the board.
(b) No licensee with a license on a retired status shall engage in
any activity for which a permit is required.
(c) The Except as provided in subdivision
(d), the board shall deny an applicant's application for a
retired status license if the permit is canceled or if the permit is
suspended, revoked, or otherwise punitively restricted by the board
or subject to disciplinary action under this chapter.
(d) Beginning one year from the effective date of the regulations
adopted pursuant to subdivision (a), if an applicant's permit is
delinquent, the board shall deny an applicant's application for a
retired status license.
(d) (1) Upon approval of an application for a retired status
license from the holder of a license canceled pursuant to Section
5070.7, the board shall reissue that license in a retired status.
(2) The holder of a canceled license that was placed in retired
status on or after January 1, 1994, and prior to January 1, 1999,
shall not be required to meet the qualifications established pursuant
to subdivision (e), but shall be subject to all other requirements
of this section.
(e) The board shall establish minimum qualifications for a retired
status license.
(f) The board may exempt the holder of a retired status license
from the renewal requirements described in Section 5070.5.
(g) The board shall establish minimum qualifications for the
restoration of a license in a retired status to an active status.
These minimum qualifications shall include, but are not limited to,
continuing education and payment of a fee as provided in subdivision
(h) of Section 5134.
SEC. 3. SEC. 4. Section 5072 of the
Business and Professions Code is amended to read:
5072. (a) No persons shall engage in the practice of accountancy
as a partnership unless the partnership is registered by the board.
(b) A partnership, other than a limited partnership, may be
registered by the board to engage in the practice of public
accountancy provided it meets the following requirements:
(1) At least one general partner shall hold a valid permit to
practice as a certified public accountant, public accountant, or
accountancy corporation, or shall be an applicant for a certificate
as a certified public accountant under Sections 5087 and 5088.
(2) Each partner engaged within this state in the practice of
public accountancy as defined by Section 5051 shall hold a valid
permit to practice in this state or shall have applied for a
certificate as a certified public accountant under Sections 5087 and
5088.
(3) Each partner not engaged in the practice of public accountancy
within this state shall be a certified public accountant in good
standing of some state, except as permitted by Section 5079.
(4) Each resident manager in charge of an office of the firm in
this state shall be a licensee in good standing of this state, or
shall have applied for a certificate as a certified public accountant
under Sections 5087 and 5088.
SEC. 4. SEC. 5. Section 5076 of the
Business and Professions Code is amended to read:
5076. (a) In order to renew its registration, a firm, as defined
in Section 5035.1, shall have a peer review report of its accounting
and auditing practice accepted by a board-recognized peer review
program no less frequently than every three years.
(b) For purposes of this article, the following definitions apply:
(1) "Peer review" means a study, appraisal, or review conducted in
accordance with professional standards of the professional work of a
firm, and may include an evaluation of other factors in accordance
with the requirements specified by the board in regulations. The peer
review report shall be issued by an individual who has a valid and
current license, certificate, or permit to practice public
accountancy from this state or another state and is unaffiliated with
the firm being reviewed.
(2) "Accounting and auditing practice" includes any services that
are performed using professional standards defined by the board in
regulations.
(c) The board shall adopt regulations as necessary to implement,
interpret, and make specific the peer review requirements in this
section, including, but not limited to, regulations specifying the
requirements for board recognition of a peer review program,
standards for administering a peer review, extensions of time for
fulfilling the peer review requirement, exclusions from the peer
review program, and document submission.
(d) Nothing in this section shall prohibit the board from
initiating an investigation and imposing discipline against a firm or
licensee, either as the result of a complaint that alleges
violations of statutes, rules, or regulations, or from information
contained in a peer review report received by the board.
(e) A firm issued a substandard peer review report, as defined by
the board in regulation, shall submit a copy of that report to the
board. The board shall establish in regulation the time period that a
firm must submit the report to the board. This period shall not
exceed 60 days from the time the report is accepted by a
board-recognized peer review program provider to the date the report
is submitted to the board.
(f) (1) A board-recognized peer review program provider shall file
a copy with the board of all substandard peer review reports issued
to California-licensed firms. The board shall establish in regulation
the time period that a board-recognized peer review program provider
shall file the report with the board. This period shall not exceed
60 days from the time the report is accepted by a board-recognized
peer review program provider to the date the report is filed with the
board. These reports may be filed with the board electronically.
(2) Nothing in this subdivision shall require a board-recognized
peer review program provider, when administering peer reviews in
another state, to violate the laws of that state.
(g) The board shall, by January 1, 2010, define a substandard peer
review report in regulation.
(h) Any requirements imposed by a board-recognized peer review
program on a firm in conjunction with the completion of a peer review
shall be separate from, and in addition to, any action by the board
pursuant to this section.
(i) Any report of a substandard peer review submitted to the board
in conjunction with this section shall be collected for
investigatory purposes.
(j) Nothing in this section affects the discovery or admissibility
of evidence in a civil or criminal action.
(k) Nothing in this section requires any firm to become a member
of any professional organization.
(l) A peer reviewer shall not disclose information concerning
licensees or their clients obtained during a peer review, unless
specifically authorized pursuant to this section, Section 5076.1, or
regulations prescribed by the board.
(m) (1) By January 1, 2015, the board shall provide the
Legislature and Governor with a report regarding the peer review
requirements of this section that includes, without limitation:
(A) The number of peer review reports completed to date and the
number of reports which were submitted to the board as required in
subdivision (e).
(B) The number of enforcement actions that were initiated as a
result of an investigation conducted pursuant to subdivision (i).
(C) The number of firms that were recommended to take corrective
actions to improve their practice through the mandatory peer review
process, and the number of firms that took corrective actions to
improve their practice following recommendations resulting from the
mandatory peer review process.
(D) The extent to which mandatory peer review of accounting firms
enhances consumer protection.
(E) The cost impact on firms undergoing mandatory peer review and
the cost impact of mandatory peer review on the firm's clients.
(F) A recommendation as to whether the mandatory peer review
program should continue.
(G) The extent to which mandatory peer review of small firms or
sole practitioners that prepare nondisclosure compiled financial
statements on an other comprehensive basis of accounting enhances
consumer protection.
(H) The impact of peer review required by this section on small
firms and sole practitioners that prepare nondisclosure compiled
financial statements on an other comprehensive basis of accounting.
(I) The impact of peer review required by this section on small
businesses, nonprofit corporations, and other entities that utilize
small firms or sole practitioners for the purposes of nondisclosure
compiled financial statements prepared on an other comprehensive
basis of accounting.
(J) A recommendation as to whether the preparation of
nondisclosure compiled financial statements on an other comprehensive
basis of accounting should continue to be a part of the mandatory
peer review program.
(2) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 5. SEC. 6. Section 5093 of the
Business and Professions Code is amended to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the Higher Education Act of 1965 as amended (20
U.S.C. Sec. 1001 et seq.), or meeting, at a minimum, the standards
described in subdivision (c) of Section 5094. The total educational
program shall include a minimum of 24 semester units in accounting
subjects and 24 semester units in business-related subjects. This
evidence shall be provided at the time of application for admission
to the examination, except that an applicant who applied, qualified,
and sat for at least two subjects of the examination for the
certified public accountant license before May 15, 2002, may provide
this evidence at the time of application for licensure.
(2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects, 24 semester units in business-related subjects,
and, after December 31, 2013, shall also include a minimum of 10
units of ethics study consistent with the requirements set forth in
Section 5094.3 and 20 units of accounting study consistent with the
regulations promulgated under subdivision (c) of Section 5094.6. This
evidence shall be presented at the time of application for the
certified public accountant license. Nothing herein shall be deemed
inconsistent with Section 5094 or 5094.6. Nothing herein shall be
construed to be inconsistent with prevailing academic practice
regarding the completion of units.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
SEC. 6. SEC. 7. Section 5094.6 of
the Business and Professions Code is amended to read:
5094.6. (a) The board shall, by regulation, adopt guidelines for
accounting study to be included as part of the education required
under Section 5093.
(b) For purposes of this section, "accounting study" means
independent study or other academic work in accounting, business,
ethics, business law, or other academic work relevant to accounting
and business, so as to enhance the competency of students as
practitioners.
SEC. 7. SEC. 8. Section 5107 of the
Business and Professions Code is amended to read:
5107. (a) The executive officer of the board may request the
administrative law judge, as part of the proposed decision in a
disciplinary proceeding, to direct any holder of a permit or
certificate found to have committed a violation or violations of this
chapter to pay to the board all reasonable costs of investigation
and prosecution of the case, including, but not limited to, attorneys'
fees. The board shall not recover costs incurred at the
administrative hearing.
(b) A certified copy of the actual costs, or a good faith estimate
of costs where actual costs are not available, signed by the
executive officer, shall be prima facie evidence of reasonable costs
of investigation and prosecution of the case.
(c) The administrative law judge shall make a proposed finding of
the amount of reasonable costs of investigation and prosecution of
the case when requested to do so by the executive officer pursuant to
subdivision (a). Costs are payable 120 days after the board's
decision is final, unless otherwise provided for by the
administrative law judge or if the time for payment is extended by
the board.
(d) The finding of the administrative law judge with regard to
cost shall not be reviewable by the board to increase the cost award.
The board may reduce or eliminate the cost award, or remand to the
administrative law judge where the proposed decision fails to make a
finding on costs requested by the executive officer pursuant to
subdivision (a).
(e) The administrative law judge may make a further finding that
the amount of reasonable costs awarded shall be reduced or eliminated
upon a finding that respondent has demonstrated that he or she
cannot pay all or a portion of the costs or that payment of the costs
would cause an unreasonable financial hardship which cannot be
remedied through a payment plan.
(f) When an administrative law judge makes a finding that costs be
waived or reduced, he or she shall set forth the factual basis for
his or her finding in the proposed decision.
(g) Where an order for recovery of costs is made and timely
payment is not made as directed by the board's decision, the board
may enforce the order for payment in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any holder of a permit or certificate directed
to pay costs.
(h) In a judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms of payment.
(i) All costs recovered under this section shall be deposited in
the Accountancy Fund.
(j) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the permit or certificate of a holder who has
failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1) or paragraph (2) of subdivision
(g) of Section 125.3, the board may, in its discretion, conditionally
renew or reinstate for a maximum of three years the permit or
certificate of a holder who demonstrates financial hardship and who
enters into a formal agreement with the board to reimburse the board
within that three-year period for those unpaid costs.
(k) Nothing in this section shall preclude the board from seeking
recovery of costs in an order or decision made pursuant to an
agreement entered into between the board and the holder of a permit
or certificate.
( l ) (1) Costs may not be recovered under this section
as a result of a citation issued pursuant to Section 125.9 and its
implementing language if the licensee complies with the citation.
(2) The Legislature hereby finds and declares that this
subdivision is declaratory of existing law.
SEC. 8. SEC. 9. Section 7011.8 of
the Business and Professions Code is amended to read:
7011.8. (a) Any person subject to licensure under this chapter
who reports to, or causes a complaint to be filed with, the
Contractors' State License Board that a person licensed by that
entity has engaged in professional misconduct, knowing the report or
complaint to be false, may be issued a citation by the registrar.
(b) The board may notify the appropriate district attorney or city
attorney that a person subject to licensure under this chapter has
made or filed what the entity believes to be a false report or
complaint against a licensee.
SEC. 9. SEC. 10. Section 7076 of the
Business and Professions Code is amended to read:
7076. (a) An individual license shall be canceled upon the death
of a person licensed as an individual. An immediate member of the
family of the deceased licensee may request a continuance of the
license to complete projects in progress and undertake new work for a
reasonable amount of time to be determined by rules of the board.
The request for a continuance must be made in writing and received at
the board's headquarters office within 90 days after the death.
Approval of the continuance of an individual license may be
contingent upon meeting the bond requirements of Sections 7071.5 and
7071.6 within 90 days of notification by the board of that
requirement. The immediate member of the family must apply for and
obtain his or her own license to continue contracting after the
continuance expires.
(b) A partnership license shall be canceled upon the death of a
general partner. The remaining partner or partners shall notify the
registrar in writing within 90 days of the death of a general
partner. Failure to notify the registrar within 90 days of the death
is grounds for disciplinary action.
The remaining general partner or partners may request a
continuance of the license to complete projects in progress and
undertake new work for a reasonable amount of time to be determined
by rules of the board. The request for a continuance must be made in
writing and received at the board's headquarters office within 90
days after the death. The remaining general partner or partners must
apply for and obtain a new license to continue contracting after the
continuance expires.
(c) A partnership license shall be canceled upon the
disassociation of a general partner or upon the dissolution of the
partnership. The disassociating partner or the remaining partner or
partners shall notify the registrar in writing within 90 days of the
disassociation of a general partner or dissolution of the
partnership. Failure to notify the registrar of the disassociation or
dissolution within 90 days shall cause the license to be canceled
effective the date the written notification is received at the board'
s headquarters office. Failure to notify the registrar within 90 days
of the disassociation or dissolution is grounds for disciplinary
action. The remaining general partner or partners may request a
continuance of the license to complete projects contracted for or in
progress prior to the date of disassociation or dissolution for a
reasonable length of time to be determined by rules of the board. The
request for a continuance must be made in writing and received at
the board's headquarters office within 90 days after the
disassociation or dissolution. The remaining general partner or
partners must apply for and obtain a new license to undertake new
work and to continue contracting after the continuance expires.
(d) The general partner or partners shall notify the registrar in
writing within 90 days of the death of a limited partner. Failure to
notify the registrar within 90 days of the death is grounds for
disciplinary action.
The death of a limited partner will not affect the partnership
license unless the partnership license has only one limited partner.
In this case, the license will be canceled upon the death of the
limited partner unless a new limited partner is added to the license
within 90 days of the death.
If the license is canceled, the remaining general partner or
partners may request a continuance of the license to complete
projects in progress and to undertake new work for a reasonable
amount of time to be determined by rules of the board. The request
for a continuance must be made in writing and received at the board's
headquarters office within 90 days after the death. The remaining
general partner or partners must apply for and obtain a new license
to continue contracting after the continuance expires.
(e) The general partner or partners shall notify the registrar in
writing within 90 days of the disassociation of a limited partner.
Failure to notify the registrar of the disassociation, within 90
days, shall cause the disassociation to be effective the date the
written notification is received at the board's headquarters office.
Failure to notify the registrar within 90 days of the disassociation
is grounds for disciplinary action.
The disassociation of a limited partner will not affect the
partnership license unless the partnership license has only one
limited partner. In this case, the license will be canceled upon the
disassociation of the limited partner unless a new limited partner is
added to the license within 90 days of the disassociation. If the
license is canceled, the remaining general partner or partners may
request a continuance of the license to complete projects contracted
for or in progress prior to the date of disassociation for a
reasonable amount of time to be determined by rules of the board. The
request for a continuance must be made in writing and received at
the board's headquarters office within 90 days after the
disassociation. The remaining general partner or partners must apply
for and obtain a new license to undertake new work and to continue
contracting after the continuance expires.
(f) A joint venture license shall be canceled upon the
cancellation, revocation, or disassociation of any of its entity
licenses or upon the dissolution of the joint venture. The registrar
shall be notified in writing within 90 days of the disassociation of
a joint venture entity or dissolution of the joint venture. Failure
to notify the registrar of the disassociation or dissolution within
90 days shall cause the license to be canceled effective the date the
written notification is received at the board's headquarters office.
Failure to notify the registrar within 90 days of the disassociation
or dissolution is grounds for disciplinary action.
Any remaining entity or entities may request a continuance of the
license to complete projects contracted for or in progress prior to
the date of disassociation or dissolution for a reasonable amount of
time to be determined by rules of the board. The request for a
continuance must be made in writing and received at the board's
headquarters office within 90 days of the disassociation or
dissolution. The remaining entity or entities must apply for and
obtain a new license to undertake new work and to continue
contracting after the continuance expires.
(g) Any individual, partnership, or joint venture license
continued in accordance with this section is subject to all other
provisions of this chapter.
(h) A corporation license shall be canceled upon the corporation's
dissolution, merger, or surrender of its right to do business in
this state. The corporation shall notify the registrar in writing
within 90 days of the dissolution, merger, or surrender. Failure to
notify the registrar of the dissolution, merger, or surrender within
90 days shall cause the license to be canceled effective the date
written notification is received at the board's headquarters office.
If the corporation fails to notify the board of the dissolution,
merger, or surrender, the corporation license shall be canceled 60
days after the board's discovery when researching the corporate
records of the Secretary of State. Failure to notify the registrar
within 90 days of the dissolution, merger, or surrender is grounds
for disciplinary action.
(i) A limited liability company license shall be canceled upon the
company's dissolution, merger, or surrender of its right to do
business in this state. The limited liability company shall notify
the registrar in writing within 90 days of the dissolution, merger,
or surrender. Failure to notify the registrar of the dissolution,
merger, or surrender within 90 days shall cause the license to be
canceled effective the
date written notification is received at the board's headquarters
office. If the limited liability company fails to notify the board of
the dissolution, merger, or surrender, the limited liability company
license shall be canceled 60 days after the board's discovery when
researching the records of the Secretary of State. Failure to notify
the registrar within 90 days of the dissolution, merger, or surrender
is grounds for disciplinary action.
(j) The registrar shall review and accept the petition of a
licensee who disputes the date of cancellation upon a showing of good
cause. This petition shall be received within 90 days of the board's
official notice of cancellation.
SEC. 11. Section 8741 of the Business
and Professions Code is amended to read:
8741. (a) The first division of the examination shall test the
applicant's fundamental knowledge of surveying, mathematics, and
basic science. The board may prescribe by regulation reasonable
educational or experience requirements including two years of
postsecondary education in land surveying, two years of experience in
land surveying, or a combination of postsecondary education and
experience in land surveying totaling two years for admission to the
first division of the examination. Applicants who have
passed the engineer-in-training examination, or who hold professional
engineer registration, are exempt from this division of the
examination. Applicants registered by the board as a
California civil engineer prior to January 1, 1982, are exempt from
this division of the examination.
The second division of the examination shall test the applicant's
ability to apply his or her knowledge and experience and to assume
responsible charge in the professional practice of land surveying.
(b) The applicant for the second division examination shall have
successfully passed the first division examination, or shall be
exempt therefrom. The applicant shall be thoroughly familiar with (1)
the procedure and rules governing the survey of public lands as set
forth in "Manual of Surveying Instructions," published by
the Bureau of Land Management, Department of the Interior,
Washington, D.C. Manual of Surveying Instructions
(2009), published by the federal Bureau of Land Management and
(2) the principles of real property relating to boundaries and
conveyancing.
(c) The board may by rule provide for a waiver of the first
division of the examination for applicants whose education and
experience qualifications substantially exceed the requirements of
Section 8742.
(d) The board may by rule provide for a waiver of the second
division of the examination and the assignment to a special
examination for those applicants whose educational qualifications are
equal to, and whose experience qualifications substantially exceed,
those qualifications established under subdivision (c). The special
examination may be either written or oral, or a combination of both.
SEC. 12. Section 8762 of the Business
and Professions Code is amended to read:
8762. (a) Except as provided in subdivision (b), after making a
field survey in conformity with the practice of land surveying, the
licensed surveyor or licensed civil engineer may file with the county
surveyor in the county in which the field survey was made, a record
of the survey.
(b) Notwithstanding subdivision (a), after making a field survey
in conformity with the practice of land surveying, the licensed land
surveyor or licensed civil engineer shall file with the county
surveyor in the county in which the field survey was made a record of
the survey relating to land boundaries or property lines, if the
field survey discloses any of the following:
(1) Material evidence or physical change, which in whole or in
part does not appear on any subdivision map, official map, or record
of survey previously recorded or properly filed in the office of the
county recorder or county surveying department, or map or survey
record maintained by the Bureau of Land Management of the United
States.
(2) A material discrepancy with the information contained in any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States. For purposes of this
subdivision, a "material discrepancy" is limited to a material
discrepancy in the position of points or lines, or in dimensions.
(3) Evidence that, by reasonable analysis, might result in
materially alternate positions of lines or points, shown on any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States.
(4) The location, relocation, establishment ,
reestablishment, or retracement of one or more points or lines
not shown on any subdivision map, official map, or record of survey,
the positions of which are not ascertainable from an inspection of
the subdivision map, official map, or record of survey.
(5) The points or lines set during the performance of a field
survey of any parcel described in any deed or other instrument of
title recorded in the county recorder's office are not shown on any
subdivision map, official map, or record of survey.
(c) The record of survey required to be filed pursuant to this
section shall be filed within 90 days after the setting of boundary
monuments during the performance of a field survey or within 90 days
after completion of a field survey, whichever occurs first.
(d) (1) If the 90-day time limit contained in subdivision (c)
cannot be complied with for reasons beyond the control of the
licensed land surveyor or licensed civil engineer, the 90-day time
period shall be extended until the time at which the reasons for
delay are eliminated. If the licensed land surveyor or licensed civil
engineer cannot comply with the 90-day time limit, he or she shall,
prior to the expiration of the 90-day time limit, provide the county
surveyor with a letter stating that he or she is unable to comply.
The letter shall provide an estimate of the date for completion of
the record of survey, the reasons for the delay, and a general
statement as to the location of the survey, including the assessor's
parcel number or numbers.
(2) The licensed land surveyor or licensed civil engineer shall
not initially be required to provide specific details of the survey.
However, if other surveys at the same location are performed by
others which may affect or be affected by the survey, the licensed
land surveyor or licensed civil engineer shall then provide
information requested by the county surveyor without unreasonable
delay.
(e) Any record of survey filed with the county surveyor shall,
after being examined by him or her, be filed with the county
recorder.
(f) If the preparer of the record of survey provides a
postage-paid, self-addressed envelope or postcard with the filing of
the record of survey, the county recorder shall return the
postage-paid, self-addressed envelope or postcard to the preparer of
the record of survey with the filing data within 10 days of final
filing. For the purposes of this subdivision, "filing data" includes
the date, the book or volume, and the page at which the record of
survey is filed with the county recorder.
SEC. 13. Section 8773 of the Business
and Professions Code is amended to read:
8773. (a) Except as provided in subdivision (b) of Section
8773.4, a person authorized to practice land surveying in this state
shall complete, sign, stamp with his or her seal, and file with the
county surveyor or engineer of the county where the corners are
situated, a written record of corner establishment or restoration to
be known as a "corner record" for every corner established by the
Survey of the Public Lands of the United States, except "lost
corners," as defined by the Manual of Instructions for the
Survey of the Public Lands of the United States,
Manual of Surveying Instructions (2009), published by the federal
Bureau of Land Management and every accessory to
such corner which is found, set, reset, or used as control in any
survey by such authorized person.
(b) After the establishment of a lost corner, as defined by the
Manual of Instructions for the Survey of the Public Lands of
the United States, Manual of Surveying Instructions
(2009), published by the federal Bureau of Land Management a
record of survey shall be filed as set forth in Section 8764.
(c) Any person authorized to practice land surveying in this state
may file such corner record for any property corners, property
controlling corners, reference monuments, or accessories to a
property corner.
SEC. 14. Section 12012 of the Business
and Professions Code is amended to read:
12012. The director secretary may
exercise any power conferred upon the department or upon the State
Sealer by this division through the State Sealer or otherwise.
SEC. 15. Section 12012.1 of the
Business and Professions Code is amended to read:
12012.1. The director secretary may
bring an action to enjoin the violation, or the threatened
violation, of any provision of this division, or of any regulation
adopted pursuant thereto, in the superior court in the county in
which such the violation occurs or is
about to occur. There may be joined in one proceeding any number of
defendants alleged to be violating the same provisions or
regulations, although their properties, interests, residence, or
place of business, may be in several counties and the violations
separate and distinct. Any proceeding which
that is brought pursuant to this section shall be governed in
all other respects by the provisions of Chapter 3 (commencing with
Section 525), Title 7, Part 2 of the Code of Civil Procedure. The
county sealer of any county acting through the district attorney or
county counsel of that county may bring an action to enjoin the
violation in such the county or the
threatened violation in such the county
of any provision of this division or of any regulation adopted
pursuant thereto in the same manner as may the director
secretary , and if the director
secretary joins as a party plaintiff,
such those actions shall not be limited to
violations occurring within the county.
SEC. 16. Section 12024.11 of the
Business and Professions Code is amended to read:
12024.11. The director secretary
shall adopt necessary rules and regulations pertaining to the sale or
advertisement of wood for fuel purposes in order to standardize
quantities of measurement and to protect against deceptive marketing
practices.
SEC. 17. Section 12027 of the Business
and Professions Code is amended to read:
12027. The director secretary may
make such rules and regulations as are reasonably
necessary for the purpose of carrying out the provisions of this
division.
SEC. 18. Section 12104 of the Business
and Professions Code is amended to read:
12104. (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
(b) Instructions and recommendations which
that are made to insure statewide weights and measures
protection shall include a local administration cost analysis
utilizing data provided by the county sealer. The cost analysis shall
identify the joint programs or activities for which funds necessary
to maintain adequate county administration and enforcement have not
been provided. The director secretary
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the director
secretary .
(c) The director secretary shall,
upon request, report to the Legislature his or her findings
concerning the cost analysis with specific regard to programs where
funds are inadequate for an efficient enforcement program, together
with a listing of the priorities jointly established by the
director secretary and the county sealers that
are contained in the formal instructions and recommendations.
SEC. 19. Section 12104.5 of the
Business and Professions Code is amended to read:
12104.5. The director secretary may
allocate annually to each county an amount determined by the
director secretary not to exceed
one-third of the amount expended by the county pursuant to this
division during the previous fiscal year for weights and measures
programs. The allocation shall be made from funds appropriated to the
director secretary for the
administration and enforcement of this division at the local level.
SEC. 20. Section 12105 of the Business
and Professions Code is amended to read:
12105. The department shall, at a frequency determined by the
director secretary , inspect the work
of the local sealers and may inspect the weights, measures, balances
or any other weighing or measuring devices of any person.
SEC. 21. Section 12106.5 of the
Business and Professions Code is amended to read:
12106.5. The director secretary may
accept the testing and sealing of weighing and measuring devices by
another state upon a finding that the requirements of California for
testing and sealing such devices have been met.
SEC. 22. Section 12107 of the Business
and Professions Code is amended to read:
12107. The director secretary shall
establish tolerances and specifications and other technical
requirements for commercial weighing and measuring. In doing so, the
director secretary shall adopt, by
reference, the latest standards as recommended by the National
Conference on Weights and Measures and published in the National
Institute of Standards and Technology Handbook 44 "Specifications and
Tolerances, and other Technical Requirements for Weighing and
Measuring Devices," except as specifically modified, amended, or
rejected by regulation adopted by the director
secretary .
The director secretary may, by
regulation, establish tolerances and specifications for commercial
weighing and measuring devices not included in Handbook 44.
Any regulation shall be adopted, amended, or repealed in
conformity with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
It shall be unlawful for any person to violate any of the rules,
regulations, tolerances, specifications, or standards established
under this section.
SEC. 23. Section 12107.1 of the
Business and Professions Code is amended to read:
12107.1. The director secretary ,
by regulation, may establish a standard or standards of net weight or
net measure, or net count of any commodity, except any manufactured
commodity consisting of four or more staple ingredients. These
standards, whenever applicable, shall be based upon published,
official federal or state specifications and requirements or, in the
absence of any such published official
specifications, upon established and accepted common usage. Any
regulation shall be adopted, amended, or repealed in conformity with
the provisions of Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
Whenever a standard, net weight, net measure, or net count has
been established for any commodity, it is unlawful to sell the
commodity by, at, or for a quantity greater or less than the
standard.
SEC. 24. Section 12108 of the Business
and Professions Code is amended to read:
12108. The director secretary may
arrange for the services of a sealer employed in a county on a
collaborative basis and allow reasonable compensation and expenses
for the purpose of performing services not already within his or
her duties and which that are
subject to administration or enforcement by the department under the
provisions of this code or of the Food and Agricultural
Code.
SEC. 25. Section 12201 of the Business
and Professions Code is amended to read:
12201. If from any cause a vacancy occurs in the office of county
sealer, the director secretary upon
learning of the vacancy shall immediately transmit to the board of
supervisors or other appointing power a list of persons licensed by
him or her for the position. If the appointing power fails to appoint
a county sealer within 60 days after the receipt of the list, the
director secretary shall appoint a
county sealer from that list. A person holding the position of Deputy
State Sealer shall be appointed the county sealer of weights and
measures for, and an employee of, the county to which he or she is
assigned. The director secretary shall
issue to him or her a license which that
is valid only for the county he or she is serving. He or she
shall become subject to this code.
SEC. 26. Section 12201.2 of the
Business and Professions Code is amended to read:
12201.2. If the position of sealer cannot be filled by the board
of supervisors or other appointing power or by the director
secretary as provided in Section 12201, then it
shall be the duty of the director secretary
to perform the duties of sealer in the same manner, to the same
extent, and with the same authority as if he or she had
been the duly appointed sealer therein. The board of supervisors of
such the county shall reimburse the
department for all expenses incurred by the director
secretary in fulfilling his or her
responsibilities under the provisions of this section.
SEC. 27. Section 12202 of the Business
and Professions Code is amended to read:
12202. (a) The director secretary
shall cause to be examined persons desiring to become county sealers,
deputy county sealers, or inspectors and shall adopt rules and
regulations governing these examinations given for the purpose of
determining the fitness, experience, and qualifications of candidates
for these positions. The director secretary
may provide for inspectors qualified to be employed in
designated categories. Successful candidates shall be given a license
which that shall be good for five
years unless revoked. Licenses of incumbent county sealers, deputy
county sealers, or inspectors shall be renewed upon expiration
without further examination.
(b) The director secretary may
charge each candidate a fee to cover the actual cost of providing the
license examination.
SEC. 28. Section 12203 of the Business
and Professions Code is amended to read:
12203. Except as provided in this section, no person shall
hereafter be appointed to the office of county sealer, deputy county
sealer or inspector unless he or she has a license issued by the
director secretary as provided in
Section 12202. If there is no person available for the position of
county sealer who holds a license, the appointing power may make a
temporary appointment of a person recommended in writing by the
director secretary . If the appointing
power does not make a temporary appointment and no person can be
appointed from the eligible list by the director
secretary , then the director
secretary may make a temporary appointment of a person
competent to carry on the duties of the office. Any such
temporary appointment shall be for a period not exceeding
six months or until the next license examination is held. If the
position of deputy county sealer or inspector cannot be filled from
the lists, a temporary appointment may be made, upon the written
recommendation of the director secretary
for a period not exceeding six months.
SEC. 29. Section 12205 of the Business
and Professions Code is amended to read:
12205. For the purpose of advising himself
receiving advice on the best and most efficacious methods
of performing his or her duties and conducting his or
her office, every county sealer serving in a county shall
attend the annual meeting of the California Agricultural
Commissioners and Sealers Association of Weights and
Measures Officials and such other
meetings as the department or the board of supervisors requires.
The county sealer shall be allowed all actual and necessary
traveling expenses incurred while on any service that requires him
or her to go outside the county. Those expenses shall be a
charge against the county in which the county sealer is employed.
SEC. 30. Section 12210.5 of the
Business and Professions Code is amended to read:
12210.5. Any county which that
inspects or tests any weighing or measuring device or instrument used
commercially, at the request of the owner or user of such
the device, when such
that inspection or testing of the device could legally be
performed by a registered repairman, may, if authorized by the county
board of supervisors, collect from the requesting owner or user
thereof a fee.
Such
The fee shall be based upon a uniform schedule of fees,
which that shall be prescribed by the
director secretary for use by the
counties. The director secretary shall
prepare the schedule of fees to be comparable with the rates charged
by the industry's registered repairmen. All fees collected shall be
credited to the general fund of the county in which collected and
used only for the administration and enforcement of laws pertaining
to weights and measures.
SEC. 31. Section 12212 of the Business
and Professions Code is amended to read:
12212. (a) The secretary shall adopt necessary regulations
governing the inspection frequency of all commercially used weights,
measures and weighing and measuring apparatus in the state.
(b) The sealer of each county shall perform such inspections as
may be required by the secretary. Nothing in this section shall be
construed to prohibit the sealer from inspecting a device more
frequently than required if he or she deems those tests to be
necessary.
(c) Any such regulation shall be adopted by the
director secretary in conformity with
the provisions of Chapter 4.5 (commencing with Section 11371) of Part
1 of Division 3 of Title 2 of the Government Code.
(d) In counties where the secretary finds that the sealer, because
of lack of equipment, is unable or fails to perform the tests as
required herein, the secretary may enter into a contract with the
board of supervisors of each of those counties to perform the tests.
Those contracts shall provide that the county shall pay the cost of
those services based upon a uniform schedule of fees developed by the
secretary. The fee schedule shall be based on the approximate cost
of performing those services. The contracts shall also provide that
the secretary shall periodically render a bill to each county so
served for the cost of services rendered, and the auditor of the
county so billed shall pay the charge in the same manner in which
other claims against the county are paid.
(e) All fees collected under the provisions of this section shall
be credited to the Department of Food and Agriculture Fund.
SEC. 32. Section 12214 of the Business
and Professions Code is amended to read:
12214. (a) Upon satisfactory evidence presented to the
director secretary that the county sealer of any
county is guilty of neglect of duty, incompetence, or misconduct in
office, the trial board hereinafter provided for shall hold a hearing
or hearings at times and places that it shall provide.
(b) The director secretary and the
president of the voluntary association of the sealers of the state
shall select an impartial third person who, with them, shall compose
a county sealer's trial board to determine whether the sealer is
guilty of the charges presented.
(c) At least 10 days prior to the date of hearing, the
director secretary shall give notice in writing
to the sealer of the time and place of hearing and any information as
to the nature of the charges that will enable the sealer to make a
defense thereto.
(d) At the hearing or hearings, the trial board shall hear
evidence that is offered and thereafter, within 30 days, make an
order dismissing the charges or an order disqualifying the sealer.
(e) In case the order disqualifies the sealer, the
director secretary shall forthwith revoke the
sealer's license and declare the office vacant and a copy of the
order shall be immediately transmitted by the director
secretary to the board of supervisors and the
auditor of the county in which the sealer held office.
(f) The license of a deputy sealer or inspector may be revoked in
the same manner and for the same causes that a license of a sealer
may be revoked.
SEC. 33. Section 12314 of the Business
and Professions Code is amended to read:
12314. The department, by regulation, may establish criteria and
procedures for certification of laboratories to perform measurement
services which that are determined by
the director secretary to be beyond the
existing equipment capabilities of the department, or when warranted
by financial or workload considerations.
The department shall recover actual costs for the certification of
any laboratory from that laboratory.
The director secretary may revoke or
suspend any certification issued pursuant to this section for good
cause. The director secretary shall
establish by regulation criteria to be used when revoking or
suspending any certification on the basis of good cause. Any
proceeding to revoke or suspend any certification shall be conducted
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the
director secretary shall have all the powers
granted therein.
Measurements performed and standards certified by laboratories
certified under the provisions of this section shall qualify as prima
facie evidence.
SEC. 34. Section 12500.5 of the
Business and Professions Code is amended to read:
12500.5. The director secretary by
rules and regulations shall provide for submission for approval of
types or designs of weights, measures, or weighing, measuring, or
counting instruments or devices, used for commercial purposes, and
shall issue certificates of approval of such types or designs as he
or she shall find to meet the requirements of this code
and the tolerances and specifications thereunder.
It shall be unlawful to sell or use for commercial purposes any
weight or measure, or any weighing, measuring, or counting instrument
or device, of a type or design which that
has not first been so approved by the department; provided,
however, that any such weight, measure, instrument, or device in use
for commercial purposes prior to the effective date of this act may
be continued in use unless and until condemned under the provisions
of this code.
SEC. 35. Section 12500.6 of the
Business and Professions Code is amended to read:
12500.6. Notwithstanding Section 12500.5, the director
secretary may prohibit the sale or installation
of any previously approved type or design of weight or measure or
weighing, measuring, or counting instrument if the director
secretary determines the weight, measure, or
instrument does not fulfill the purpose for which it was approved or
that the weight, measure, or instrument is not identical to the
approved type or design.
The director secretary may initiate
proceedings pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code to determine
whether the approval should be revoked or modified, and to determine
the period of time that the owner or user of any accurate device for
which type approval has been revoked or modified may continue to use
that device for commercial purposes, pending the replacement or
modification of the device.
SEC. 36. Section 12500.8 of the
Business and Professions Code is amended to read:
12500.8. The director secretary may
enter into an agreement with the Office of Weights and Measures of
the National Bureau of Standards of the Department of Commerce, and
other weights and measures jurisdictions, to accept the
certifications of each other for prototype examination purposes.
SEC. 37. Section 12609 of the Business
and Professions Code is amended to read:
12609. The director secretary shall
adopt necessary regulations to carry out the purpose of this
division and for the testing of packages to verify the net quantity
statements. In adopting these regulations, the director
secretary shall adopt by reference the packaging
and labeling requirements recommended by the National Conference on
Weights and Measures and published in the current edition of the
National Institute of Standards and Technology Handbook 130, Uniform
Packaging and Labeling Regulation, except insofar as those
requirements are specifically modified, amended, or rejected by
regulation by the director secretary .
The regulations shall include exemptions from full compliance with
this chapter for good and sufficient reasons. Any exemptions
affecting consumer commodities shall be in conformance with
exemptions permitted by federal regulations. Any regulation, or
amendment thereof, shall be adopted by the director
secretary in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
This section shall become operative on February 14, 1994.
SEC. 38. Section 12610 of the Business
and Professions Code is amended to read:
12610. The director secretary may
promulgate regulations similar to those promulgated by the Secretary
of Health, Education, and Welfare or the Federal Trade Commission
pursuant to the Fair Packaging and Labeling Act (P.L. 89-755; 80
Stat. 1296; 15U.S.C. 1451-1461) effective to--
to the following:
1.
(a) Establish and define standards for characterization
of the size of a package enclosing any commodity, which
that may be used to supplement the label
statement of net quantity of contents of packages containing such
commodity, but this paragraph subdivision
shall not be construed as authorizing any limitation on the
size, shape, weight, dimensions, or number of packages which may be
used to enclose any commodity;
2.
(b) Require that the label on each package of a
commodity (other than one which that is
a food within the meaning of Section 201(f) of the Federal Food,
Drug, and Cosmetic Act) bear the common or usual name of
such the consumer commodity, if any.
SEC. 39. Section 12706 of the Business
and Professions Code is amended to read:
12706. (a) The director secretary
may assign or reassign dates for the expiration of licenses for any
weighmaster.
(b) The director secretary may
establish a license year for any weighmaster consisting of any period
from one month to 11 months, inclusive, with subsequent renewals
being required at yearly intervals thereafter.
(c) Whenever the license year is less than 12 months by reason of
the assignment or reassignment of the expiration date by the
director secretary , the license fee as
designated in Section 12704 shall be decreased by one-twelfth of the
annual fee for each month of the period less than 12 months.
SEC. 40. Section 12708 of the Business
and Professions Code is amended to read:
12708. The director secretary may
refuse to grant any license provided for by this chapter, or may
refuse to renew any license, and may revoke or suspend any license
when, after a hearing conducted pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, the director secretary
is satisfied that the applicant or licensee is not qualified to
capably or reliably perform the duties of a weighmaster or has
otherwise been found guilty of a misdemeanor as provided in this
chapter.
SEC. 41. Section 12722 of the Business
and Professions Code is amended to read:
12722. (a) In accordance with this chapter and regulations
adopted by the director secretary , any
weighmaster may use a tare weight for a vehicle, container, or
pallet which that has been previously
determined by a weighmaster. It is the responsibility of the party
for whom the tare weight was established to maintain the tare weight
within the variations prescribed by the director
secretary .
(b) Any weighmaster weighing any vehicle moving earth, stone,
rock, sand, gravel, or asphalt paving material may use a
predetermined tare weight. The issuance of predetermined tare weights
are exempt from the provisions of Subchapter 9 (commencing with
Section 4400) of Chapter 9 of Title 4 of the California
Administrative Code. It is the responsibility of the party for whom
the tare weight was established to maintain the actual weight so that
the actual tare weight of the vehicle shall at no time exceed the
recorded tare weight.
SEC. 42. Section 12723 of the Business
and Professions Code is amended to read:
12723. The director secretary shall
adopt regulations for the establishment of vehicle, container, and
pallet tares, including, but not limited to, the adoption of
conditions of use, certificate requirements, sample size, allowable
variations, and procedure to be used to verify common tares.
SEC. 43. Section 12727 of the Business
and Professions Code is amended to read:
12727. The director secretary may,
at any time, require a vehicle to proceed to the nearest vehicle
scale for the purpose of weight verification.
SEC. 44. Section 12735 of the Business
and Professions Code is amended to read:
12735. The director secretary may
adopt any rules and regulations that are reasonably necessary for the
purpose of carrying out this chapter. Adoption of these rules and
regulations shall be in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 45. Section 12736 of the Business
and Professions Code is amended and renumbered to read:
12736. 13303. The director
secretary may adopt necessary rules and
regulations regarding the accuracy of automated systems for retail
commodity price charging referred to as "scanners."
SEC. 46. Section 13302 of the Business
and Professions Code is repealed.
13302. (a) The sealer may levy a civil penalty against a person
violating any provision of this chapter or a regulation adopted
pursuant to any of these provisions, of not more than one thousand
dollars ($1,000) for each violation. It is a complete defense to a
criminal prosecution for a violation of any provision of this
division or a regulation adopted pursuant to any provision of this
division that the defendant has been assessed and has paid a civil
penalty under this section for the same act or acts constituting the
violation. Any civil penalty under this section shall be cumulative
to civil remedies or penalties imposed under any other law.
(b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing. The request
shall be made within 20 days after receiving notice of the proposed
action. A notice of the proposed action that is sent by certified
mail to the last known address of the person charged shall be
considered received even if delivery is refused or the notice is not
accepted at that address. If a hearing is requested, notice of the
time and place of the hearing shall be given at least 10 days before
the date set for the hearing. At the hearing, the person shall be
given an opportunity to review the sealer's evidence and to present
evidence on his or her own behalf.
If a hearing is not timely requested, the sealer may take the
action proposed without a hearing.
(c) If the person upon whom the sealer levied a civil penalty
requested and appeared at a hearing, the person may appeal the sealer'
s decision to the secretary within 30 days of the date of receiving a
copy of the sealer's decision. The following procedures apply to the
appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the sealer's decision. The appellant shall file a
copy of the appeal with the sealer at the same time it is filed with
the secretary.
(2) The appellant and the sealer may, at the time of filing the
appeal or within 10 days thereafter or at a later time prescribed by
the secretary, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the secretary stating grounds for affirming, modifying, or reversing
the sealer's decision.
(3) The secretary may grant oral arguments upon application made
at the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the sealer, and the
secretary.
(5) The secretary shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
secretary finds substantial evidence in the record to support the
sealer's decision, the secretary shall affirm the decision.
(6) The secretary shall render a written decision within 45 days
of the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the secretary may
affirm the sealer's decision, modify the sealer's decision by
reducing or increasing the amount of the penalty levied so that it is
within the secretary's guidelines for imposing civil penalties, or
reverse the sealer's decision. Any civil penalty increased by the
secretary shall not be higher than that proposed in the sealer's
notice of proposed action given pursuant to subdivision (b). A copy
of the secretary's decision shall be delivered or mailed to the
appellant and the sealer.
(8) Any person who does not request a hearing pursuant to
subdivision (b) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the secretary may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(d) After the exhaustion of the appeal and review procedures
provided in this section, the sealer, or his or her representative,
may file a certified copy of a final decision of the sealer that
directs the payment of a civil penalty and, if applicable, a copy of
any decision of the secretary or his or her authorized representative
rendered on an appeal from the sealer's decision and a copy of any
order that denies a petition for a writ of administrative mandamus,
with the clerk of the superior court of any county. Judgment shall be
entered immediately by the clerk in conformity with the decision or
order. No fees shall be charged by the clerk of the superior court
for the performance of any official service required in connection
with the entry of judgment pursuant to this section.
(e) If the civil penalty is levied by the State Sealer, the
revenues derived therefrom shall be deposited in the Department of
Food and Agriculture Fund and, upon appropriation, shall be used by
the State Sealer to carry out his or her responsibilities under this
division. If the civil penalty is levied by the county sealer, the
revenues shall be deposited in the general fund of the county and,
upon appropriation by the board of supervisors, shall be used by the
county sealer to carry out his or her responsibilities under this
chapter.
SEC. 47. Section 13403 of the Business
and Professions Code is amended to read:
13403. "Octane number" or "antiknock index number," when used in
this chapter, means that number assigned to a spark ignition engine
fuel which that designates the
antiknock quality. The "octane number" or "antiknock index number"
shall be determined according to the American Society for
Testing and Materials ASTM International method
or methods designated in the latest American Society for
Testing and Materials (ASTM) ASTM International
Standard Specification D-4814.
SEC. 48. Section 13440 of the
Business and Professions Code is amended to read:
13440. (a) The department shall establish specifications for
automotive spark-ignition engine fuels. The department shall adopt by
reference the latest standards established by a recognized consensus
organization or standards writing organization such as the
American Society for Testing and Materials (ASTM) ASTM
International or the Society of Automotive Engineers
(SAE) SAE International , for automotive
spark-ignition engine fuel, except that no specification shall be
less stringent than required by any California state law.
(b) Any gasoline-oxygenate blend containing methanol shall also
contain an alcohol cosolvent (butanol or higher molecular weight
alcohol) in an amount equal to or greater than the volume percentage
of methanol except those blends previously granted a waiver by the
Environmental Protection Agency.
(c) Any gasoline-oxygenate blend containing ethanol that complies
with Section 2258 of Title 13 of the California Code of Regulations,
as it reads on the effective date of the act amending this section
during the 1993-94 Regular Session, or as amended, may exceed the
Reid vapor pressure limits of ASTM D 4814 for the area and season in
which the blend is sold at retail by not more than 6.9 kilopascals
(1.0 pounds per square inch), except the total Reid vapor pressure
shall not exceed 103 kilopascals (15 pounds per square inch).
(d) The antiknock index as defined in Section 13403 for gasoline
and gasoline-oxygenate blends shall not be less than 87.
(e) Gasoline and gasoline-oxygenate blends shall meet the latest
specifications set forth in ASTM D 4814, except that no specification
shall be less stringent than required by any California state law.
(f) Notwithstanding any other provision of this section, gasoline
sold for use in Inyo or Mono County, or the portion of Kern County
lying east of the Los Angeles County Aqueduct, shall comply with the
latest specification set forth in ASTM D 4814 relating to volatility
class standards for the season during which the gasoline is sold for
either the interior region or the southeast region of California,
except that no specification shall be less stringent than is required
by any California state law.
SEC. 49. Section 13450 of the Business
and Professions Code is amended to read:
13450. The department shall establish specifications for
compression-ignition engine fuel, kerosene, and fuel oil. The
department shall adopt by reference the latest standards established
by a recognized consensus organization or standards writing
organization such as the American Society for Testing and
Materials (ASTM) ASTM International or the
Society of Automotive Engineers (SAE) SAE
International , for compression-ignition engine fuels,
kerosene, and fuel oil, except that no specification shall be less
stringent than required by any California state law.
(a) Diesel fuel shall meet the specifications set forth in ASTM
D-975, except that sulfur specifications shall not exceed the maximum
specified by any California state law.
(b) Kerosene shall meet the specifications set forth in ASTM
D-3699.
(c) Fuel oil shall meet the specifications set forth in ASTM
D-396, except that sulfur specifications shall not exceed the maximum
specified by any California state law.
SEC. 50. Section 13460 of the Business
and Professions Code is amended to read:
13460. Engine oil shall not be sold or distributed for use in an
internal combustion engine unless the product conforms to the
following specifications:
(a) It shall meet the engine oil requirements established by the
latest revision of the Society of Automotive Engineers
SAE International Standard SAE J183 for engine
oil performance and engine service classification.
(b) The flashpoints for the various Society of Automotive
Engineers (SAE) SAE International
classifications shall not be less than the following when tested in
accordance with the latest ASTM International standard
method of test for flash and fire points by means of the Cleveland
open cup (ASTM D-92):
Kinematic
Viscosity
(centistoke) Minimum
Viscosity by ASTM D445 Flash Degrees
Classification at 100b0 C Fahrenheit
SAE 5W 305
SAE 10W 335
SAE 20W 345
SAE 20 345
SAE 30 355
SAE 40 375
SAE 50 400
SAE 60 435
Grade 70 26.1 to less 470
than 31.7
(c) It shall be free from water and suspended matter when tested
by means of centrifuge, in accordance with the standard test ASTM
D-2273.
(d) Any engine oil that is represented to meet SAE
International engine oil performance and engine service
classification SA must have a neutralization number as measured by
ASTM International method D-974 of 0.20 maximum.
(e) Any engine oil represented as "energy conserving" shall meet
the requirements established by the latest revision of the
Society of Automotive Engineers SAE International
Recommended Practice SAE J-1423.
SEC. 51. Section 13461 of the Business
and Professions Code is amended to read:
13461. Lubricating oil shall not be sold or distributed for use
in lubricating manual transmissions, gears, or axles unless the
product conforms to the following specifications:
(a) It meets the service requirements contained in the latest
revision of the SAE Information Report on axle and manual
transmission lubricants SAE J308.
(b) The viscosity grade classification number shall be the same as
the latest published Society of Automotive Engineers
SAE International Standard SAE J306 when tested
in accordance with the latest method published by the
American Society for Testing and Materials (ASTM) ASTM
International .
(c) It shall be free from water and suspended matter when tested
by means of centrifuge, in accordance with the standard test ASTM
D-2273.
SEC. 52. Section 13480 of the Business
and Professions Code is amended to read:
13480. (a) It is unlawful for any person to sell any petroleum
product referred to in this chapter at any place where petroleum
products are kept or stored for sale, unless there is affixed to each
container, receptacle, pump, dispenser, and inlet end of the fill
pipe of each underground storage tank, from which or into which that
product is drawn or poured out for sale or delivery, a sign or label
plainly visible consisting of the name of the product, the brand,
trademark, or trade name of the product, and, in the case of engine
fuel and kerosene, the grade or brand name designation.
(b) When the product is oil, as defined by Section 13401, each
sign or label shall also have in letters or numerals, plainly
visible, the viscosity grade classification as determined in
accordance with the Society of Automotive Engineers (SAE)
SAE International latest standard for engine oil
viscosity classification SAE J300 or manual transmission and axle
lubricants viscosity classification SAE J306, as applicable, and
shall be preceded by the letters "SAE."
(c) When the product is automotive spark-ignition engine fuel,
except M-85 and M-100 methanol fuel, there shall be conspicuously
displayed on the dispensing device at least one sign or label showing
the minimum octane number or antiknock index, as defined in Section
13403, of the product sold therefrom.
(d) When the product is a motor fuel consisting of a mixture or
premixture of gasoline and oil or gasoline-oxygenate blend and motor
oil, there shall be conspicuously displayed on the dispensing device
at least one sign or label stating the ratio of gasoline to motor oil
or gasoline-oxygenate blend to motor oil.
(e) All signs or labels required by this section for retail motor
fuel dispensers and containers of more than one gallon capacity shall
be in letters and numerals not less than one-half inch (12.70 mm) in
height. On containers of one gallon or less, the signs or labels
shall be in letters and numerals not less than one-fourth inch (6.35
mm) in height and one-sixteenth inch (1.59 mm) in width.
(f) The provisions of this section pertaining to octane numbers or
antiknock index and motor oil SAE International viscosity
number grade shall not apply to products sold for aviation purposes.
(g) This section shall apply, with respect to thinners or
solvents, only to the sale, delivery, or offer for sale of the
products through service stations, garages, and other retail outlets.
SEC. 53. Section 13710 of the Business
and Professions Code is amended to read:
13710. (a) (1) The department shall establish specifications for
engine coolants and antifreeze, and prediluted engine coolants and
prediluted antifreeze that promote the public safety in the operation
of motor vehicles.
(2) In addition to paragraph (1), if the American Society
for Testing and Materials ASTM International
adopts standards for recycled engine coolants and antifreeze, the
department, on or before January 1, 2002, shall establish
specifications for recycled engine coolants and antifreeze, and
recycled prediluted engine coolants and antifreeze that promote the
public safety in the operation of motor vehicles.
(3) The chemical, physical, and performance specifications for
engine coolants and antifreeze and prediluted engine coolants and
prediluted antifreeze under paragraphs (1) and (2) shall not fall
below the minimum specifications, if any, established by the
American Society for Testing and Materials ASTM
International . Engine coolant and antifreeze shall not
contain, after dilution with 30 percent water and subsequent mixing,
visually identifiable suspended matter or sediment. Prediluted engine
coolant and prediluted antifreeze shall not contain, after mixing,
visually identifiable suspended matter or sediment.
(4) For purposes of this subdivision, the department shall adopt
testing procedures and shall specify a virgin reference coolant that
it finds is recognized as standard in the industry. Alcohol-based
coolants and antifreeze, excluding glycols, are not suitable for use
in automotive engines and shall not be sold or distributed for
automotive use.
(b) Any automatic transmission fluid sold without limitation as to
type of transmission for which it is intended, shall meet
all automotive manufacturers'
recommended requirements for transmissions in general use in the
state. Automatic transmission fluids that are intended for use only
in certain transmissions, as disclosed on the label of its container,
shall meet the latest automotive manufacturers' recommended
requirements for those transmissions.
(c) The department shall establish specifications for brake fluid
that promote the public safety in the operation of automotive
vehicles. The specifications for brake fluid shall not fall below the
minimum specifications established by the National Highway Traffic
Safety Administration of the United States Department of
Transportation.
(d) Any manufacturer or packager of any product regulated by this
chapter and sold in the state shall provide, upon request to duly
authorized representatives of the department, documentation of any
claim made upon their products' label.