BILL ANALYSIS �
SB 152
Page 1
SENATE THIRD READING
SB 152 (Roth)
As Amended August 8, 2013
Majority vote
SENATE VOTE : 35-1
BUSINESS & PROFESSIONS 9-3 APPROPRIATIONS
13-4
-----------------------------------------------------------------
|Ayes:|Gordon, Bocanegra, |Ayes:|Gatto, Bocanegra, |
| |Campos, Dickinson, | |Bradford, Ian Calderon, |
| |Eggman, Hagman, Mullin, | |Campos, Eggman, Gomez, |
| |Skinner, Ting | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones, Maienschein, Wilk |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Wagner |
-----------------------------------------------------------------
SUMMARY : Deletes the current provisions allowing a temporary
authorization to practice engineering, geology, and geophysics,
and requires the use of a written contract when contracting to
provide geological or geophysical services as specified.
Specifically, this bill :
1)Repeals the authority of the Board for Professional Engineers,
Land Surveyors and Geologists (Board) to issue a temporary
authorization to practice engineering, as specified.
2)Repeals the authority of the Board to issue a temporary
authorization to practice geology and geophysics, as specified.
3)Requires a geologist or geophysicist to use a written contract
when contracting for geological or geophysical services, and
requires the contract to be executed prior to the work
commencing unless the client states otherwise in writing.
4)Requires the written contract for geographical or geophysical
services to include:
a) A description of the services to be provided to the client
by the geologist or geophysicist;
b) A description of any basis of compensation applicable to
SB 152
Page 2
the contract and the method of payment agreed upon by the
parties;
c) The name, address and license or certificate number of the
geologist or geophysicist and the name and address of the
client;
d) A description of the procedure the geologist, geophysicist
and the client will use to accommodate additional services;
and,
e) A description of the procedure to be used by any party to
terminate the contract.
5)Provides an exemption to the written contract requirement for
any of the following circumstances:
a) Geologic or geophysical services rendered by a geologist
or geophysicist for which the client will not pay
compensation;
b) A geologist or geophysicist who has a current or prior
contractual relationship with the client to provide geologic
or geophysical services and who has already been paid the
fees that are due under the contract by the client;
c) If the client executes a waiver in writing after full
disclosure as specified, that a contract is not required; or,
d) Geological or geophysical services rendered by a geologist
or geophysicist to any of the following: a licensed
geologist or geophysicist; a licensed engineer; a licensed
land surveyor; a licensed architect; a licensed contractor;
or a public agency.
6)Specifies that a "written contract" includes a contract in
electronic form.
7)Adds language to avoid chaptering out issues with SB 822
(Business, Professions and Economic Development Committee).
8)Makes other technical and clarifying changes.
9)States that no reimbursement is required by this bill pursuant
to the California Constitution because the only costs that may
SB 152
Page 3
be incurred by a local agency or a school district will be
incurred because this bill creates a new crime or infraction,
eliminates a crime or infraction, changes the penalty for a
crime or infraction, or changes the definition of a crime.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation should be minor
and absorbable within existing resources.
COMMENTS :
1)Purpose of this bill . This bill would repeal the Board's
current authority to issue a temporary authorization to
out-of-state licensees to practice geology, geophysics or
engineering in the state of California in order to ensure that
those professionals have sufficient knowledge of California's
unique seismic issues. In addition, this bill requires
geologists and geophysicists to execute a written contract,
similar to that currently required of engineers, prior to
performing work in order to better protect consumers from unfair
contracting or billing practices. This bill is sponsored by the
Board.
2)Author's statement . According to the author, "Temporary
authorizations [for the practice of engineering, geology or
geophysics] can pose a risk to the health and safety of the
consumers of California because individuals [who] are not
licensed in California may not be familiar with the terrain,
soils or seismic [issues] that are specific to California.
Currently, there is no statutory requirement that professional
geologists or geophysicists execute written contracts with their
clients [as do] professional engineers and land surveyors
[which] the board believes that the written contracts are
beneficial to both the consumer and the licensee."
3)Temporary authorization . The Board does not currently issue
temporary licenses, but it does allow certain out-of-state
licensees to obtain a temporary authorization to practice in
California. The temporary authorization allows an engineer,
geologist, or geophysicists to work in California for a
specified amount of time, up to 180 days for an engineer and up
to 60 consecutive days for a geologist or geophysicist,
extendable to 120 days.
An applicant for a temporary authorization must submit an
application and supporting documents, and is required to appear
SB 152
Page 4
before the Board to demonstrate their competency and
understanding of their specialty branch of engineering or
geology and geophysics. The Board members may question
applicants about the details of the specific project they will
be working on or their overall experience to date, but issues
related to California's unique seismic issues may be overlooked.
The situations that might lead to a temporary authorization
request include a case where a large, national engineering firm
may decide, on short notice, to use a particular out-of-state
licensee with specialized relevant experience. According to the
Board, since 1995 there have been 40 temporary authorizations
granted for engineers. Of those 40 temporary authorizations, 20
individuals became licensed in California and seven individuals
failed the California licensing examination. There has been
only one instance of the Board granting a temporary license to a
geologist in 2012.
The Board also has limited disciplinary recourse against a
temporary authorization. While current law provides the Board
with the authority to take administrative or disciplinary action
(revocation or suspension) against a temporary authorization, by
the time the Board is notified of a problem and goes through the
investigatory and disciplinary process, the temporary
authorization time period would likely have ended and the
out-of-state practitioner would have returned to his or her home
state, making it difficult and perhaps pointless to pursue
disciplinary action.
According to the sponsors, doing away with temporary
authorization in favor of requiring professionals to take and
pass the standardized exam necessary for licensure is a more
appropriate way of measuring a particular licensee's ability.
It will also ensure that engineering and geoscience
professionals practicing in this state have sufficient knowledge
about California's unique soil, terrain and seismic issues. In
practice, it will also give the Board greater disciplinary power
over the licensee.
4)Professional Contracts . Under current law, professionals such
as engineers, land surveyors, contractors, and architects are
required to use written contracts when contracting to provide
professional services. A written contract can help protect the
SB 152
Page 5
consumer and the professional by ensuring that both parties have
a clear understanding of the services that will be provided, as
well as clarifying the terms of the contract and helping to
ensure fair pricing.
This bill would put the geology and geophysics professions on
par with other Department of Consumer Affairs (DCA) regulated
professions, and even some of those already regulated by the
Board. AB 20 X4 (Audra Strickland), Chapter 18, Statutes of
2009-10 Fourth Extraordinary Session, eliminated the Board for
Geologists and Geophysicists and transferred all of its duties,
powers, purposes, responsibilities, and jurisdiction to regulate
the practices of geology and geophysics to the Board for
Professional Engineers and Land Surveyors - but did not
harmonize all of the provisions for each profession. This bill
would impose uniform requirements for the contracts of all the
professional licensees regulated by the Board.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301 FN:
0001536