Amended in Assembly May 6, 2013

Amended in Assembly April 24, 2013

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 amend Sections 6732, 8751, and 8772 of, and to add Section 8764.6 to, the Business and Professions Code, relating to surveyors and engineers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1063, as amended, Eggman. Surveyors and engineers.

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. Existing law prohibits a person from representing himself or herself 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.

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.

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

Existing law provides for the filing of a record of survey by a 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 that 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, it shall 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 local public agency, or, if set by a statebegin delete entityend deletebegin insert agencyend insert, to only be marked with the name of the statebegin delete entityend deletebegin insert agencyend 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.

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

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

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

P2    1

SECTION 1.  

Section 6732 of the Business and Professions
2Code
is amended to read:

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,”
8or “consulting engineer,” or any of the following branch titles:
9“agricultural engineer,” “chemical engineer,” “city engineer,”
10“civil engineer,” “control system engineer,” “county engineer,”
11“electrical engineer,” “fire protection engineer,” “industrial
12engineer,” “mechanical engineer,” “metallurgical engineer,”
13“nuclear engineer,” “petroleum engineer,” or “traffic engineer,”
14or any combination of these words and phrases or abbreviations
15thereof unless licensed under this chapter.

P3    1

SEC. 2.  

Section 8751 of the Business and Professions Code is
2amended to read:

3

8751.  

No person shall represent himself or herself as, or use
4the title of, or any abbreviation or combination of the words in the
5title of, professional land surveyor, licensed land surveyor, land
6surveyor, city surveyor, county surveyor, land survey engineer,
7survey engineer, geodetic engineer, geomatics engineer, or
8geometronic engineer unless he or she is the holder of a valid,
9unsuspended, and unrevoked license.

10

SEC. 3.  

Section 8764.6 is added to the Business and Professions
11Code
, to read:

12

8764.6.  

(a) A licensed surveyor or civil engineer may include
13additional information to be filed simultaneously with a record of
14survey. The additional information shall be in the form of a separate
15document, formatted according to the applicable County Recorder
16standards, with a statement that indicates its relationship to the
17record of survey and describes conditions as of the date of
18recording. The statement shall also contain a notation identifying
19the source of the information.

20(b) The additional information may include any data necessary
21for the interpretation of the various items and locations of the
22points, lines, and areas shown on the record of survey map, or for
23the identification of the survey or surveyor, as may be determined
24by the civil engineer or land surveyor preparing the record of
25survey. Additional information may include, but is not limited to,
26unfiled maps, calculations, field notes, photographs, memoranda,
27diagrams, reports, letters,begin delete emails, oaths, and diariesend deletebegin insert and oathsend insert.

28

SEC. 4.  

Section 8772 of the Business and Professions Code is
29amended to read:

30

8772.  

(a) (1) Any monument set by a licensed land surveyor
31or registered civil engineer to mark or reference a point on a
32property or land line shall be permanently and visibly marked or
33tagged with the certificate number of the surveyor or civil engineer
34setting it, each number to be preceded by the letters “L.S.” or
35“R.C.E.,” respectively, as the case may be.

36(2)  If the monument is set by a local public agency, paragraph
37(1) shall apply, and the monument shall also be marked with the
38name of the agency and the political subdivision it serves.

P4    1(3) If the monument is set by a statebegin delete entityend deletebegin insert agencyend insert, paragraph
2(1) shall not apply, and the monument shall be marked with the
3name of the statebegin delete entityend deletebegin insert agencyend insert.

4(b) Nothing in this section shall prevent the inclusion of other
5information on the tag which will assist in the tracing or location
6of the survey records which relate to the tagged monument.

7

SEC. 5.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



O

    96