Amended in Senate March 19, 2013

Senate BillNo. 152


Introduced by Senator Roth

January 31, 2013


An act tobegin insert amend Sections 6775, 6799, and 7860 of,end insertbegin insert toend insert add Section 7839.2 tobegin insert, andend insertbegin insert to repeal Sections 6760, 7848, and 7848.1 of,end insert the Business and Professions Code, relating tobegin delete geologists and geophysicistsend deletebegin insert professions and vocationsend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 152, as amended, Roth. begin deleteGeologists and geophysicists: written contracts. end deletebegin insertLicensed professionals: engineers: geologists: geophysicists.end insert

begin insert

Existing law, the Professional Engineers Act, generally regulates the practice of persons engaged in the practice of engineering. The act provides for a temporary authorization to practice engineering, as specified.

end insert
begin insert

This bill would delete the provisions allowing for a temporary authorization to practice as an engineer and would make additional conforming changes.

end insert

Existing law, the Geologist and Geophysicist Act, generally regulates the practice of persons engaged in the practice of geology and persons engaged in the practice of geophysics. Violations of the act are a misdemeanor.begin insert The act provides for a temporary authorization to practice as a geologist or geophysicist, as specified.end insert

This bill would, subject to exceptions, require geologists and geophysicists to use a written contract when contracting to provide geological or geophysical services to a client, as specified. The bill would specify certain information to be included in the contract.begin insert The bill would delete the provisions allowing for temporary authorizations to practice as a geologist or geophysicist and would make additional conforming changes.end insert

By imposing requirements on geologists and geophysicists, the violation of which is a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6760 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is repealed.end insert

begin delete
3

6760.  

A temporary authorization to practice engineering in a
4branch defined by this chapter may be granted for a specific project,
5upon application and payment of the fee prescribed in Section
66799, for a period not to exceed 180 consecutive days, if the
7applicant complies with all of the following:

8(a) The applicant maintains no place of business in this state.

9(b) The applicant is legally qualified to practice the branch of
10engineering in which he or she is seeking the temporary
11authorization in the state or country where he or she maintains a
12place of business.

13(c) (1) The applicant, if applying for a temporary authorization
14to practice civil engineering, demonstrates by means of an
15individual appearance before the board satisfactory evidence of
16his or her knowledge of the application of seismic forces in the
17design of structures or adequate knowledge in any of the other
18phases of civil engineering as related to the specific project for
19which the temporary authorization is requested.

20(2) The applicant, if applying for a temporary authorization to
21practice engineering in a branch defined by this chapter other than
22civil engineering, demonstrates by means of an individual
23appearance before the board, satisfactory evidence of his or her
24knowledge in the branch of professional engineering in which the
25applicant proposes to practice under the temporary authorization
P3    1as related to the specific project for which the temporary
2authorization is requested.

3(d) The applicant takes and passes the examination in the state
4laws and board rules described in Section 6755.1.

5(e) The applicant notifies the board in writing of his or her
6intention to practice, stating the approximate date he or she intends
7to commence the specific project and the approximate duration of
8the specific project, which shall not exceed 180 consecutive days
9from the commencement date of the specific project.

10Upon completion of the requirements, the executive officer, on
11the direction of the board, shall issue a temporary authorization to
12the applicant.

end delete
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6775 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
14amended to read:end insert

15

6775.  

The board may, upon its own initiative or upon the
16receipt of a complaint, investigate the actions of any professional
17engineer licensed under this chapterbegin delete or any person granted
18temporary authorization pursuant to Section 6760end delete
and make
19findings thereon.

20By a majority vote, the board may publicly reprove, suspend for
21a period not to exceed two years, or revoke the certificate of any
22professional engineer licensed under this chapterbegin delete or may revoke
23the temporary authorization granted to any person pursuant to
24Section 6760end delete
on any of the following grounds:

25(a) Any conviction of a crime substantially related to the
26qualifications, functions, and duties of a licensed professional
27engineer, in which case the certified record of conviction shall be
28conclusive evidence thereof.

29(b) Any deceit, misrepresentation, or fraud in his or her practice.

30(c) Any negligence or incompetence in his or her practice.

31(d) A breach or violation of a contract to provide professional
32engineering services.

33(e) Any fraud, deceit, or misrepresentation in obtaining his or
34her certificate as a professional engineer or in obtaining a
35temporary authorization pursuant to Section 6760.

36(f) Aiding or abetting any person in the violation of any
37provision of this chapter or any regulation adopted by the board
38pursuant to this chapter.

P4    1(g) A violation in the course of the practice of professional
2engineering of a rule or regulation of unprofessional conduct
3adopted by the board.

4(h) A violation of any provision of this chapter or any other law
5relating to or involving the practice of professional engineering.

6begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6799 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
7amended to read:end insert

8

6799.  

begin insert(a)end insertbegin insertend insert The amount of the fees prescribed by this chapter
9shall be fixed by the board in accordance with the following
10schedule:

begin delete

11(a)

end delete

12begin insert(1)end insert The fee for filing each application for licensure as a
13professional engineer and each application for authority level
14designation at not more than four hundred dollars ($400) and for
15each application for certification as an engineer-in-training at not
16more than one hundred dollars ($100).

begin delete

17(b)

end delete

18begin insert(2)end insert The fee to take an examination administered by a public or
19private organization pursuant to Section 6754 shall be no greater
20than the actual cost of the development and administration of the
21examination and may be paid directly to the organization by the
22applicant.

begin delete

23(c) The temporary authorization fee for a professional engineer
24at not more than 25 percent of the application fee in effect on the
25date of application.

end delete
begin delete

26(d)

end delete

27begin insert(3)end insert The renewal fee for each branch of professional engineering
28in which licensure is held, and the renewal fee for each authority
29level designation held, at no more than the professional engineer
30application fee currently in effect.

begin delete

31(e)

end delete

32begin insert(4)end insert The fee for a retired license at not more than 50 percent of
33the professional engineer application fee in effect on the date of
34application.

begin delete

35(f)

end delete

36begin insert(5)end insert The delinquency fee at not more than 50 percent of the
37renewal fee in effect on the date of reinstatement.

begin delete

38(g)

end delete

39begin insert(6)end insert The board shall establish by regulation an appeal fee for
40examination. The regulation shall include provisions for an
P5    1applicant to be reimbursed the appeal fee if the appeal results in
2passage of examination. The fee charged shall be no more than
3the costs incurred by the board.

begin delete

4(h)

end delete

5begin insert(7)end insert All other document fees are to be set by the board by rule.

begin delete

6 Applicants

end delete

7begin insert(b)end insertbegin insertend insertbegin insertApplicantsend insert wishing to be examined in more than one branch
8of engineering shall be required to pay the additional fee for each
9examination after the first.

10

begin deleteSECTION 1.end delete
11begin insertSEC. 4.end insert  

Section 7839.2 is added to the Business and Professions
12Code
, to read:

13

7839.2.  

(a) A geologist or geophysicist shall use a written
14contract when contracting to provide geological or geophysical
15services to a client pursuant to this chapter. The written contract
16shall be executed by the geologist or geophysicist and the client
17or the client’s representative prior to the geologist or geophysicist
18commencing work, unless the client states in writing that work
19may be commenced before the contract is executed. The written
20contract shall include, but is not limited to, all of the following:

21(1) A description of the services to be provided to the client by
22the geologist or geophysicist.

23(2) A description of any basis of compensation applicable to
24the contract, and the method of payment agreed upon by the parties.

25(3) The name, address, and license or certificate number of the
26geologist or geophysicist, and the name and address of the client.

27(4) A description of the procedure that the geologist or
28geophysicist and the client will use to accommodate additional
29services.

30(5) A description of the procedure to be used by any party to
31terminate the contract.

32(b) Subdivision (a) shall not apply to any of the following:

33(1) Geologic or geophysical services rendered by a geologist
34or geophysicist for which the client will not pay compensation.

35(2) A geologist or geophysicist who has a current or prior
36contractual relationship with the client to provide geologic or
37geophysical services, and who has already been paid the fees that
38are due under the contract by the client.

P6    1(3) If the client executes a waiver in writing after full disclosure
2of this section that a contract that complies with the requirements
3of this section is not required.

4(4) Geological or geophysical services rendered by a geologist
5or geophysicist to any of the following:

6(A) A geologist or geophysicist licensed under this chapter.

7(B) An engineer licensed under Chapter 7 (commencing with
8Section 6700).

9(C) A land surveyor licensed under Chapter 15 (commencing
10with Section 8700).

11(D) An architect licensed under Chapter 3 (commencing with
12Section 5500).

13(E) A contractor licensed under Chapter 9 (commencing with
14Section 7000).

15(F) A public agency.

16(c) As used in this section, “written contract” includes a contract
17in electronic form.

18begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 7848 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19repealed.end insert

begin delete
20

7848.  

A temporary authorization for the practice of geology
21or a certified specialty geology, or both geology and a certified
22specialty geology, may be granted, for a specific project, upon
23application and payment of the fee prescribed in Section 7887 for
24a period not to exceed 60 consecutive days in any calendar year
25if the applicant complies with all of the following:

26(a) The applicant maintains no office for the practice of geology
27or a certified specialty geology, or both geology and a certified
28specialty geology, other than for the authorized project, in this
29state.

30(b) The applicant is qualified to practice geology or a certified
31specialty geology, or both geology and a certified specialty geology
32for others, and is not legally prohibited from so doing, in the state
33or country where he or she maintains an office for that practice.

34(c) The applicant demonstrates by means of an individual
35appearance before the board, or before a committee appointed by
36the board for that purpose, satisfactory evidence of adequate
37knowledge in that phase of geology for which the applicant
38proposes to practice under the temporary authorization.

39If the applicant can satisfy the board that the completion of the
40specific project for which the authorization is granted will require
P7    1more than 60 consecutive calendar days, the board may extend the
2authorization to a period not to exceed a total of 120 days.

3Upon completion of these requirements as necessary, the
4executive officer on direction of the board shall issue a temporary
5authorization to the applicant.

end delete
6begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 7848.1 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is repealed.end insert

begin delete
8

7848.1.  

A temporary authorization for the practice of
9geophysics or a certified specialty geophysics, or both geophysics
10and a certified specialty geophysics, may be granted, for a specific
11project, upon application and payment of the fee prescribed in
12Section 7887 for a period not to exceed 60 consecutive days in
13any calendar year if the applicant complies with all of the
14following:

15(a) The applicant maintains no office for the practice of
16geophysics or a certified specialty geophysics, or both geophysics
17and a certified specialty geophysics, other than for the authorized
18project, in this state.

19(b) The applicant is qualified to practice geophysics or a certified
20specialty geophysics, or both geophysics and a certified specialty
21geophysics for others, and is not legally prohibited from so doing,
22in the state or country where he or she maintains an office for that
23practice.

24(c) The applicant demonstrates by means of an individual
25appearance before the board, or before a committee appointed by
26the board for that purpose, satisfactory evidence or adequate
27knowledge in that phase of geophysics for which the applicant
28proposes to practice under the temporary authorization.

29If the applicant can satisfy the board that the completion of the
30specific project for which the authorization is granted will require
31more than 60 consecutive calendar days, the board may extend the
32authorization to a period not to exceed a total of 120 days.

33Upon completion of these requirements as necessary, the
34executive officer on direction of the board shall issue a temporary
35authorization to the applicant.

end delete
36begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 7860 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
37amended to read:end insert

38

7860.  

(a) The board may, upon its own initiative or upon the
39receipt of a complaint, investigate the actions of any professional
P8    1geologist, geophysicist,begin delete or person granted temporary authorizations
2pursuant to Sections 7848 and 7848.1,end delete
and make findings thereon.

3(b) By a majority vote, the board may publicly reprove, suspend
4for a period not to exceed two years, or revoke the certificate of
5any geologist or geophysicist registered hereunder,begin delete or may publicly
6reprove or revoke the temporary authorization granted to any
7person pursuant to Section 7848 or 7848.1,end delete
on any of the following
8grounds:

9(1) Conviction of a crime substantially related to the
10qualifications, functions, or duties of a geologist or geophysicist.

11(2) Misrepresentation, fraud, or deceit by a geologist or
12geophysicist in his or her practice.

13(3) Negligence or incompetence by a geologist or geophysicist
14in his or her practice.

15(4) Violation of any contract undertaken in the capacity of a
16geologist or geophysicist.

17(5) Fraud or deceit in obtaining a certificate to practice as a
18geologist or geophysicist, or in obtaining a temporary authorization
19to practice pursuant to Section 7848 or 7848.1.

20(c) By a majority vote, the board may publicly reprove, suspend
21for a period not to exceed two years, or may revoke the certificate
22of any geologist or geophysicist registered under this chapter,begin delete or
23may publicly reprove or revoke the temporary authorization granted
24to any person pursuant to Section 7848 or 7848.1,end delete
for
25unprofessional conduct. Unprofessional conduct includes, but is
26not limited to, any of the following:

27(1) Aiding or abetting any person in a violation of this chapter
28or any regulation adopted by the board pursuant to this chapter.

29(2) Violating this chapter or any regulation adopted by the board
30pursuant to this chapter.

31(3) Conduct in the course of practice as a geologist or
32geophysicist that violates professional standards adopted by the
33board.

34

begin deleteSEC. 2.end delete
35begin insertSEC. 8.end insert  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P9    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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