BILL NUMBER: AB 1855	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 19, 2014

   An act to amend Sections 8726 and 8762 of the Business and
Professions Code, relating to land surveying.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1855, as introduced, Melendez. Land surveying: field survey
record.
   (1) Existing law, the Professional Land Surveyors' Act and the
Professional Engineers Act, provides for the licensure and regulation
of professional land surveyors and civil engineers by the Board for
Professional Engineers, Land Surveyors, and Geologists. Violation of
those acts is a crime.
   Existing law defines the practice of land surveying to include,
among other practices, use of the principles of land surveying to
determine the position for any monument or reference point which
marks a property line, boundary, or corner, or sets, resets, or
replaces any monument or reference point.
   This bill would additionally include in that practice use of those
principles to determine the position of an easement.
   (2) Existing law requires a licensed land surveyor or a licensed
civil engineer who makes a field survey in conformity with the
practice of land surveying to 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 specified information. This information includes, among
other information, that 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. Existing law requires a county surveyor to examine and file
those records.
   This bill would additionally require a licensed land surveyor or a
licensed civil engineer to file a record of a field survey relating
to an easement, or if the points or lines set during the performance
of a field survey of any parcel described in any easement are not
shown on those maps or records of survey.
   (3) Because this bill would expand a crime, and would impose a
higher standard of service on county surveyors, the bill would create
state-mandated local programs.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8726 of the Business and Professions Code is
amended to read:
   8726.  A person, including any person employed by the state or by
a city, county, or city and county within the state, practices land
surveying within the meaning of this chapter who, either in a public
or private capacity, does or offers to do any one or more of the
following:
   (a) Locates, relocates, establishes, reestablishes, or retraces
the alignment or elevation for any of the fixed works embraced within
the practice of civil engineering, as described in Section 6731.
   (b) Determines the configuration or contour of the earth's
surface, or the position of fixed objects above, on, or below the
surface of the earth by applying the principles of mathematics or
photogrammetry.
   (c) Locates, relocates, establishes, reestablishes, or retraces
any property line or boundary of any parcel of land, right-of-way,
easement, or alignment of those lines or boundaries.
   (d) Makes any survey for the subdivision or resubdivision of any
tract of land. For the purposes of this subdivision, the term
"subdivision" or "resubdivision" shall be defined to include, but not
be limited to, the definition in the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7 of the Government Code)
or the Subdivided Lands Law (Chapter 1 (commencing with Section
11000) of Part 2 of Division 4 of this code).
   (e) By the use of the principles of land surveying determines the
position for any monument or reference point which marks a property
line, boundary,  easement,  or corner, or sets, resets, or
replaces any monument or reference point.
   (f) Geodetic or cadastral surveying. As used in this chapter,
geodetic surveying means performing surveys, in which account is
taken of the figure and size of the earth to determine or
predetermine the horizontal or vertical positions of fixed objects
thereon or related thereto, geodetic control points, monuments, or
stations for use in the practice of land surveying or for stating the
position of fixed objects, geodetic control points, monuments, or
stations by California Coordinate System coordinates.
   (g) Determines the information shown or to be shown on any map or
document prepared or furnished in connection with any one or more of
the functions described in subdivisions (a), (b), (c), (d), (e), and
(f).
   (h) Indicates, in any capacity or in any manner, by the use of the
title "land surveyor" or by any other title or by any other
representation that he or she practices or offers to practice land
surveying in any of its branches.
   (i) Procures or offers to procure land surveying work for himself,
herself, or others.
   (j) Manages, or conducts as manager, proprietor, or agent, any
place of business from which land surveying work is solicited,
performed, or practiced.
   (k) Coordinates the work of professional, technical, or special
consultants in connection with the activities authorized by this
chapter.
   (  l  ) Determines the information shown or to be shown
within the description of any deed, trust deed, or other title
document prepared for the purpose of describing the limit of real
property in connection with any one or more of the functions
described in subdivisions (a) to (f), inclusive.
   (m) Creates, prepares, or modifies electronic or computerized data
in the performance of the activities described in subdivisions (a),
(b), (c), (d), (e), (f), (k), and (  l  ).
   (n) Renders a statement regarding the accuracy of maps or measured
survey data.
   Any department or agency of the state or any city, county, or city
and county that has an unregistered person in responsible charge of
land surveying work on January 1, 1986, shall be exempt from the
requirement that the person be licensed as a land surveyor until the
person currently in responsible charge is replaced.
   The review, approval, or examination by a governmental entity of
documents prepared or performed pursuant to this section shall be
done by, or under the direct supervision of, a person authorized to
practice land surveying.
  SEC. 2.  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,  or easements,  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  easement,  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. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.