Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1063


Introduced by Assembly Member Eggman

February 22, 2013


An act to amendbegin delete Sectionend deletebegin insert Sections 6732, 8751, andend insert 8772 of, and to add Section 8764.6 to, the Business and Professions Code, relating to surveyorsbegin insert and engineersend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1063, as amended, Eggman. begin deleteRecord of survey: additional information. end deletebegin insertSurveyors and engineers.end insert

Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board of Professional Engineers and Land Surveyors in the Department of Consumer Affairs.begin delete Existingend deletebegin insert Existing law prohibits a person from representing themself as an engineer or surveyor, as described by various titles, unless the person is licensed as an engineer or surveyor, as specified. Other existing law makes a violation of those prohibitions a misdemeanor.end insert

begin insert

This bill would additionally prohibit a person from using the title “city engineer,” “county engineer,” “city surveyor,” or “county surveyor,” unless the person is licensed as an engineer or surveyor, respectively, as specified.

end insert
begin insert

By expanding the scope of existing law, the violation of which is a crime, this bill would impose a state-mandated local program.

end insert

begin insertExistingend insert law provides for the filing of a record of survey by licensed surveyor or licensed civil engineer with the county surveyor.

This bill would authorize a licensed surveyor to include additional information to be filed simultaneously, as a separate document, as specified, with a record of survey.

Existing law requires any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, as specified, or if the monument is set by a public agency, to be marked with the name of the agency and the political subdivision it serves.

This bill would require the monument to be marked by the surveyor or civil engineer, as specified, and to be marked with the name of the agency and the political subdivision it serves, if the monument is set by a public agency.

begin delete

By imposing additional duties on public agencies, this bill would impose a state-mandated local program.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6732 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

6732.  

It is unlawful for anyone other than a professional
4engineer licensed under this chapter to stamp or seal any plans,
5specifications, plats, reports, or other documents with the seal or
6stamp of a professional engineer, or in any manner, use the title
7“professional engineer,” “licensed engineer,” “registered engineer,”
P3    1or “consulting engineer,” or any of the following branch titles:
2“agricultural engineer,” “chemical engineer,”begin insert “city engineer,”end insert
3 “civil engineer,” “control system engineer,”begin insert “county engineer,”end insert
4 “electrical engineer,” “fire protection engineer,” “industrial
5engineer,” “mechanical engineer,” “metallurgical engineer,”
6“nuclear engineer,” “petroleum engineer,” or “traffic engineer,”
7or any combination of these words and phrases or abbreviations
8thereof unless licensed under this chapter.

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8751 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
10amended to read:end insert

11

8751.  

No person shall represent himself or herself as, or use
12the title of, or any abbreviation or combination of the words in the
13title of, professional land surveyor, licensed land surveyor, land
14surveyor,begin insert city surveyor, county surveyor,end insert land survey engineer,
15survey engineer, geodetic engineer, geomatics engineer, or
16geometronic engineer unless he or she is the holder of a valid,
17unsuspended, and unrevoked license.

18

begin deleteSECTION 1.end delete
19begin insertSEC. 3.end insert  

Section 8764.6 is added to the Business and Professions
20Code
, to read:

21

8764.6.  

(a) A licensed surveyor or civil engineer may include
22additional information to be filed simultaneously with a record of
23survey. The additional information shall be in the form of a separate
24document, formatted according to the applicable County Recorder
25standards, with a statement that indicates its relationship to the
26record of survey, describes conditions as of the date of recording,
27and states that it is not intended to affect or alter the record title
28interest. The statement shall also contain a notation identifying the
29source of the information.

30(b) The additional information may include any data necessary
31for the interpretation of the various items and locations of the
32 points, lines, and areas shown on the record of survey map, or for
33the identification of the survey or surveyor, as may be determined
34by the civil engineer or land surveyor preparing the record of
35survey. Additional information may include, but is not limited to,
36unfiled maps, calculations, field notes, photographs, memoranda,
37diagrams, reports, letters, e-mails, oaths, and diaries.

38

begin deleteSEC. 2.end delete
39begin insertSEC. 4.end insert  

Section 8772 of the Business and Professions Code is
40amended to read:

P4    1

8772.  

(a) Any monument set by a licensed land surveyor or
2registered civil engineer to mark or reference a point on a property
3or land line shall be permanently and visibly marked or tagged
4with the certificate number of the surveyor or civil engineer setting
5it, each number to be preceded by the letters “L.S.” or “R.C.E.,”
6respectively, as the case may be. If the monument is set by a public
7agency, it shall also be marked with the name of the agency and
8the political subdivision it serves.

9(b) Nothing in this section shall prevent the inclusion of other
10information on the tag which will assist in the tracing or location
11of the survey records which relate to the tagged monument.

begin delete
12

SEC. 3.  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.

end delete
17begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

end insert


O

    98