Amended in Assembly August 8, 2013

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, 7860, and 7887 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.

begin insert

This bill would incorporate changes to Section 7887 of the Business and Professions Code proposed by SB 822 that would become operative if this bill and SB 822 are both chaptered and this bill is chaptered last.

end 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 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.

P3    1(e) Any fraud, deceit, or misrepresentation in obtaining his or
2her certificate as a professional engineer.

3(f) Aiding or abetting any person in the violation of any
4provision of this chapter or any regulation adopted by the board
5pursuant to this chapter.

6(g) A violation in the course of the practice of professional
7engineering of a rule or regulation of unprofessional conduct
8adopted by the board.

9(h) A violation of any provision of this chapter or any other law
10relating to or involving the practice of professional engineering.

11

SEC. 3.  

Section 6799 of the Business and Professions Code is
12amended to read:

13

6799.  

(a) The amount of the fees prescribed by this chapter
14shall be fixed by the board in accordance with the following
15schedule:

16(1) The fee for filing each application for licensure as a
17professional engineer and each application for authority level
18designation at not more than four hundred dollars ($400) and for
19each application for certification as an engineer-in-training at not
20more than one hundred dollars ($100).

21(2) The fee to take an examination administered by a public or
22private organization pursuant to Section 6754 shall be no greater
23than the actual cost of the development and administration of the
24examination and may be paid directly to the organization by the
25applicant.

26(3) The renewal fee for each branch of professional engineering
27in which licensure is held, and the renewal fee for each authority
28level designation held, at no more than the professional engineer
29application fee currently in effect.

30(4) The fee for a retired license at not more than 50 percent of
31the professional engineer application fee in effect on the date of
32application.

33(5) The delinquency fee at not more than 50 percent of the
34renewal fee in effect on the date of reinstatement.

35(6) The board shall establish by regulation an appeal fee for
36examination. The regulation shall include provisions for an
37applicant to be reimbursed the appeal fee if the appeal results in
38passage of examination. The fee charged shall be no more than
39the costs incurred by the board.

40(7) All other document fees are to be set by the board by rule.

P4    1(b) Applicants wishing to be examined in more than one branch
2of engineering shall be required to pay the additional fee for each
3examination after the first.

4

SEC. 4.  

Section 7839.2 is added to the Business and Professions
5Code
, to read:

6

7839.2.  

(a) A geologist or geophysicist shall use a written
7contract when contracting to provide geological or geophysical
8services to a client pursuant to this chapter. The written contract
9shall be executed by the geologist or geophysicist and the client
10or the client’s representative prior to the geologist or geophysicist
11commencing work, unless the client states in writing that work
12may be commenced before the contract is executed. The written
13contract shall include, but is not limited to, all of the following:

14(1) A description of the services to be provided to the client by
15the geologist or geophysicist.

16(2) A description of any basis of compensation applicable to
17the contract, and the method of payment agreed upon by the parties.

18(3) The name, address, and license or certificate number of the
19geologist or geophysicist, and the name and address of the client.

20(4) A description of the procedure that the geologist or
21geophysicist and the client will use to accommodate additional
22services.

23(5) A description of the procedure to be used by any party to
24terminate the contract.

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

26(1) Geologic or geophysical services rendered by a geologist
27or geophysicist for which the client will not pay compensation.

28(2) A geologist or geophysicist who has a current or prior
29contractual relationship with the client to provide geologic or
30geophysical services, and who has already been paid the fees that
31are due under the contract by the client.

32(3) If the client executes a waiver in writing after full disclosure
33of this section that a contract that complies with the requirements
34of this section is not required.

35(4) Geological or geophysical services rendered by a geologist
36or geophysicist to any of the following:

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

38(B) An engineer licensed under Chapter 7 (commencing with
39Section 6700).

P5    1(C) A land surveyor licensed under Chapter 15 (commencing
2with Section 8700).

3(D) An architect licensed under Chapter 3 (commencing with
4Section 5500).

5(E) A contractor licensed under Chapter 9 (commencing with
6Section 7000).

7(F) A public agency.

8(c) As used in this section, “written contract” includes a contract
9in electronic form.

10

SEC. 5.  

Section 7848 of the Business and Professions Code is
11repealed.

12

SEC. 6.  

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

14

SEC. 7.  

Section 7860 of the Business and Professions Code is
15amended to read:

16

7860.  

(a) The board may, upon its own initiative or upon the
17receipt of a complaint, investigate the actions of any professional
18geologist, geophysicist, and make findings thereon.

19(b) By a majority vote, the board may publicly reprove, suspend
20for a period not to exceed two years, or revoke the certificate of
21any geologist or geophysicist registered hereunder, on any of the
22following grounds:

23(1) Conviction of a crime substantially related to the
24qualifications, functions, or duties of a geologist or geophysicist.

25(2) Misrepresentation, fraud, or deceit by a geologist or
26geophysicist in his or her practice.

27(3) Negligence or incompetence by a geologist or geophysicist
28in his or her practice.

29(4) Violation of any contract undertaken in the capacity of a
30geologist or geophysicist.

31(5) Fraud or deceit in obtaining a certificate to practice as a
32geologist or geophysicist.

33(c) By a majority vote, the board may publicly reprove, suspend
34for a period not to exceed two years, or may revoke the certificate
35of any geologist or geophysicist registered under this chapter, for
36unprofessional conduct. Unprofessional conduct includes, but is
37not limited to, any of the following:

38(1) Aiding or abetting any person in a violation of this chapter
39or any regulation adopted by the board pursuant to this chapter.

P6    1(2) Violating this chapter or any regulation adopted by the board
2pursuant to this chapter.

3(3) Conduct in the course of practice as a geologist or
4geophysicist that violates professional standards adopted by the
5board.

6

SEC. 8.  

Section 7887 of the Business and Professions Code is
7amended to read:

8

7887.  

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

10(a) The fee for filing each application for registration as a
11geologist or a geophysicist or certification as a specialty geologist
12or a specialty geophysicist and for administration of the
13examination at not more than two hundredbegin delete andend delete fifty dollars ($250).

14(b) The registration fee for a geologist or for a geophysicist and
15the fee for the certification in a specialty shall be fixed at an amount
16equal to the renewal fee in effect on the last regular renewal date
17before the date on which the certificate is issued, except that, with
18respect to certificates that will expire less than one year after
19 issuance, the fee shall be fixed at an amount equal to 50 percent
20of the renewal fee in effect on the last regular renewal date before
21the date on which the certificate is issued. The board may, by
22appropriate regulation, provide for the waiver or refund of the
23initial certificate fee where the certificate is issued less than 45
24days before the date on which it will expire.

25(c) The duplicate certificate fee at not more than six dollars
26($6).

27(d) The renewal fee for a geologist or for a geophysicist shall
28be fixed by the board at not more than four hundred dollars ($400).

29(e) The renewal fee for a specialty geologist or for a specialty
30geophysicist at not more than one hundred dollars ($100).

31(f) 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.

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

38(h) Each applicant for registration as a geophysicist or
39certification as an engineering geologist or certification as a
40hydrogeologist shall pay an examination fee fixed by the board at
P7    1an amount equal to the actual cost to the board for the development
2and maintenance of the written examination, and shall not exceed
3one hundred dollars ($100).

4begin insert

begin insertSEC. 8.5.end insert  

end insert

begin insertSection 7887 of the end insertbegin insertBusiness and Professions Codeend insert
5begin insert is amended to read:end insert

6

7887.  

The amount of the fees prescribed by this chapter shall
7be fixed by the board in accordance with the following schedule:

8(a) The fee for filing each application forbegin delete registrationend deletebegin insert licensureend insert
9 as a geologist or a geophysicist or certification as a specialty
10geologist or a specialty geophysicist and for administration of the
11examinationbegin insert shall be fixedend insert at not more than two hundredbegin delete andend delete fifty
12dollars ($250).

13(b) Thebegin delete registrationend deletebegin insert licenseend insert fee for a geologist or for a
14geophysicist and the fee for the certification in a specialty shall be
15fixed at an amount equal to the renewal fee in effect on the last
16regular renewal date before the date on which the certificate is
17issued, except that, with respect to certificates that will expire less
18than one year after issuance, the fee shall be fixed at an amount
19equal to 50 percent of the renewal fee in effect on the last regular
20renewal date before the date on which the certificate is issued. The
21board may, by appropriate regulation, provide for the waiver or
22refund of the initial certificate fee where the certificate is issued
23less than 45 days before the date on which it will expire.

24(c) The duplicate certificate feebegin insert shall be fixedend insert at not more than
25six dollars ($6).

begin delete

26(d) The temporary registration fee for a geologist or for a
27geophysicist at not more than eighty dollars ($80).

end delete
begin delete

28(e)

end delete

29begin insert(d)end insert The renewal fee for a geologist or for a geophysicist shall
30be fixedbegin delete by the boardend delete at not more than four hundred dollars ($400).

begin delete

31(f)

end delete

32begin insert(e)end insert The renewal fee for a specialty geologist or for a specialty
33geophysicistbegin insert shall be fixedend insert at not more than one hundred dollars
34($100).

begin delete

35(g)

end delete

36begin insert(f)end insert Notwithstanding Section 163.5, the delinquency fee for a
37certificate is an amount equal to 50 percent of the renewal fee in
38effect on the last regular renewal date.

begin delete

39(h)

end delete

P8    1begin insert(g)end insert Each applicant forbegin delete registrationend deletebegin insert licensureend insert as a geologist shall
2pay an examination fee fixedbegin delete by the boardend delete at an amount equal to
3the actual cost to the board to administer the examination described
4in subdivision (d) of Section 7841.

begin delete

5(i)

end delete

6begin insert(h)end insert Each applicant forbegin delete registrationend deletebegin insert licensureend insert as a geophysicist
7or certification as an engineering geologist or certification as a
8hydrogeologist shall pay an examination fee fixed by the board at
9an amount equal to the actual cost to the board for the development
10and maintenance of the written examination, and shall not exceed
11one hundred dollars ($100).

begin insert

12(i) The fee for a retired license shall be fixed at not more than
1350 percent of the fee for filing an application for licensure as a
14geologist or a geophysicist in effect on the date of application for
15a retired license.

end insert
16begin insert

begin insertSEC. 9.end insert  

end insert
begin insert

Section 8.5 of this bill incorporates amendments to
17Section 7887 of the Business and Professions Code proposed by
18both this bill and Senate Bill 822. It shall only become operative
19if (1) both bills are enacted and become effective on or before
20January 1, 2014, (2) each bill amends Section 7887 of the Business
21and Professions Code, and (3) this bill is enacted after Senate Bill
22822, in which case Section 8 of this bill shall not become operative.

end insert
23

begin deleteSEC. 9.end delete
24begin insertSEC. 10.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



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