Amended in Senate April 8, 2013

Amended in Senate March 19, 2013

Senate BillNo. 152


Introduced by Senator Roth

January 31, 2013


An act to amend Sections 6775, 6799,begin delete andend delete 7860begin insert, and 7887end insert of, to add Section 7839.2 to, and to repeal Sections 6760, 7848, and 7848.1 of, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 152, as amended, Roth. Licensed professionals: engineers: geologists: geophysicists.

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.

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

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. The act provides for a temporary authorization to practice as a geologist or geophysicist, as specified.

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. The bill would delete the provisions allowing for temporary authorizations to practice as a geologist or geophysicist and would make additional conforming changes.

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    1

SECTION 1.  

Section 6760 of the Business and Professions
2Code
is repealed.

3

SEC. 2.  

Section 6775 of the Business and Professions Code is
4amended to read:

5

6775.  

The board may, upon its own initiative or upon the
6receipt of a complaint, investigate the actions of any professional
7engineer licensed under this chapter and make findings thereon.

8By a majority vote, the board may publicly reprove, suspend for
9a period not to exceed two years, or revoke the certificate of any
10professional engineer licensed under this chapter on any of the
11following grounds:

12(a) Any conviction of a crime substantially related to the
13qualifications, functions, and duties of a licensed professional
14engineer, in which case the certified record of conviction shall be
15conclusive evidence thereof.

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

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

18(d) A breach or violation of a contract to provide professional
19engineering services.

20(e) Any fraud, deceit, or misrepresentation in obtaining his or
21her certificate as a professional engineerbegin delete or in obtaining a
22temporary authorization pursuant to Section 6760end delete
.

23(f) Aiding or abetting any person in the violation of any
24provision of this chapter or any regulation adopted by the board
25pursuant to this chapter.

P3    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.

6

SEC. 3.  

Section 6799 of the Business and Professions Code is
7amended to read:

8

6799.  

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

11(1) The fee for filing each application for licensure as a
12professional engineer and each application for authority level
13designation at not more than four hundred dollars ($400) and for
14each application for certification as an engineer-in-training at not
15more than one hundred dollars ($100).

16(2) The fee to take an examination administered by a public or
17private organization pursuant to Section 6754 shall be no greater
18than the actual cost of the development and administration of the
19examination and may be paid directly to the organization by the
20applicant.

21(3) The renewal fee for each branch of professional engineering
22in which licensure is held, and the renewal fee for each authority
23level designation held, at no more than the professional engineer
24application fee currently in effect.

25(4) The fee for a retired license at not more than 50 percent of
26the professional engineer application fee in effect on the date of
27application.

28(5) The delinquency fee at not more than 50 percent of the
29renewal fee in effect on the date of reinstatement.

30(6) The board shall establish by regulation an appeal fee for
31examination. The regulation shall include provisions for an
32applicant to be reimbursed the appeal fee if the appeal results in
33passage of examination. The fee charged shall be no more than
34the costs incurred by the board.

35(7) All other document fees are to be set by the board by rule.

36(b) Applicants wishing to be examined in more than one branch
37of engineering shall be required to pay the additional fee for each
38examination after the first.

39

SEC. 4.  

Section 7839.2 is added to the Business and Professions
40Code
, to read:

P4    1

7839.2.  

(a) A geologist or geophysicist shall use a written
2contract when contracting to provide geological or geophysical
3services to a client pursuant to this chapter. The written contract
4shall be executed by the geologist or geophysicist and the client
5or the client’s representative prior to the geologist or geophysicist
6commencing work, unless the client states in writing that work
7may be commenced before the contract is executed. The written
8contract shall include, but is not limited to, all of the following:

9(1) A description of the services to be provided to the client by
10the geologist or geophysicist.

11(2) A description of any basis of compensation applicable to
12the contract, and the method of payment agreed upon by the parties.

13(3) The name, address, and license or certificate number of the
14geologist or geophysicist, and the name and address of the client.

15(4) A description of the procedure that the geologist or
16geophysicist and the client will use to accommodate additional
17services.

18(5) A description of the procedure to be used by any party to
19terminate the contract.

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

21(1) Geologic or geophysical services rendered by a geologist
22or geophysicist for which the client will not pay compensation.

23(2) A geologist or geophysicist who has a current or prior
24contractual relationship with the client to provide geologic or
25geophysical services, and who has already been paid the fees that
26are due under the contract by the client.

27(3) If the client executes a waiver in writing after full disclosure
28of this section that a contract that complies with the requirements
29of this section is not required.

30(4) Geological or geophysical services rendered by a geologist
31or geophysicist to any of the following:

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

33(B) An engineer licensed under Chapter 7 (commencing with
34Section 6700).

35(C) A land surveyor licensed under Chapter 15 (commencing
36with Section 8700).

37(D) An architect licensed under Chapter 3 (commencing with
38Section 5500).

39(E) A contractor licensed under Chapter 9 (commencing with
40Section 7000).

P5    1(F) A public agency.

2(c) As used in this section, “written contract” includes a contract
3in electronic form.

4

SEC. 5.  

Section 7848 of the Business and Professions Code is
5repealed.

6

SEC. 6.  

Section 7848.1 of the Business and Professions Code
7 is repealed.

8

SEC. 7.  

Section 7860 of the Business and Professions Code is
9amended to read:

10

7860.  

(a) The board may, upon its own initiative or upon the
11receipt of a complaint, investigate the actions of any professional
12geologist, geophysicist, and make findings thereon.

13(b) By a majority vote, the board may publicly reprove, suspend
14for a period not to exceed two years, or revoke the certificate of
15any geologist or geophysicist registered hereunder, on any of the
16following grounds:

17(1) Conviction of a crime substantially related to the
18qualifications, functions, or duties of a geologist or geophysicist.

19(2) Misrepresentation, fraud, or deceit by a geologist or
20geophysicist in his or her practice.

21(3) Negligence or incompetence by a geologist or geophysicist
22in his or her practice.

23(4) Violation of any contract undertaken in the capacity of a
24geologist or geophysicist.

25(5) Fraud or deceit in obtaining a certificate to practice as a
26geologist orbegin delete geophysicist, or in obtaining a temporary authorization
27to practice pursuant to Section 7848 or 7848.1end delete
begin insert geophysicistend insert.

28(c) By a majority vote, the board may publicly reprove, suspend
29for a period not to exceed two years, or may revoke the certificate
30of any geologist or geophysicist registered under this chapter, for
31unprofessional conduct. Unprofessional conduct includes, but is
32not limited to, any of the following:

33(1) Aiding or abetting any person in a violation of this chapter
34or any regulation adopted by the board pursuant to this chapter.

35(2) Violating this chapter or any regulation adopted by the board
36pursuant to this chapter.

37(3) Conduct in the course of practice as a geologist or
38geophysicist that violates professional standards adopted by the
39board.

P6    1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 7887 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
2amended to read:end insert

3

7887.  

The amount of the fees prescribed by this chapter shall
4be fixed by the board in accordance with the following schedule:

5(a) The fee for filing each application for registration as a
6geologist or a geophysicist or certification as a specialty geologist
7or a specialty geophysicist and for administration of the
8examination at not more than two hundred and fifty dollars ($250).

9(b) The registration fee for a geologist or for a geophysicist and
10the fee for the certification in a specialty shall be fixed at an amount
11equal to the renewal fee in effect on the last regular renewal date
12before the date on which the certificate is issued, except that, with
13respect to certificates that will expire less than one year after
14 issuance, the fee shall be fixed at an amount equal to 50 percent
15of the renewal fee in effect on the last regular renewal date before
16the date on which the certificate is issued. The board may, by
17appropriate regulation, provide for the waiver or refund of the
18initial certificate fee where the certificate is issued less than 45
19days before the date on which it will expire.

20(c) The duplicate certificate fee at not more than six dollars
21($6).

begin delete

22(d) The temporary registration fee for a geologist or for a
23geophysicist at not more than eighty dollars ($80).

end delete
begin delete

24(e)

end delete

25begin insert(d)end insert The renewal fee for a geologist or for a geophysicist shall
26be fixed by the board at not more than four hundred dollars ($400).

begin delete

27(f)

end delete

28begin insert(e)end insert The renewal fee for a specialty geologist or for a specialty
29geophysicist at not more than one hundred dollars ($100).

begin delete

30(g)

end delete

31begin insert(f)end insert Notwithstanding Section 163.5, the delinquency fee for a
32 certificate is an amount equal to 50 percent of the renewal fee in
33effect on the last regular renewal date.

begin delete

34(h)

end delete

35begin insert(g)end insert Each applicant for registration as a geologist shall pay an
36examination fee fixed by the board at an amount equal to the actual
37cost to the board to administer the examination described in
38subdivision (d) of Section 7841.

begin delete

39(i)

end delete

P7    1begin insert(h)end insert Each applicant for registration as a geophysicist or
2certification as an engineering geologist or certification as a
3hydrogeologist shall pay an examination fee fixed by the board at
4an amount equal to the actual cost to the board for the development
5and maintenance of the written examination, and shall not exceed
6one hundred dollars ($100).

7

begin deleteSEC. 8.end delete
8begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.



O

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