Amended in Senate April 22, 2013

Senate Bill No. 822

Introduced by Committee on Business, Professions and Economic Development (Senators Price (Chair), Block, Corbett, Emmerson, Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)

March 20, 2013

An act to amend Sections begin insert 5096, 5096.2, 5096.12, 7065.3, end insert 7114, 7141, 7206, 7210, begin delete and end delete 7887 begin insert , and 17914, end insert of, begin delete and end delete to add Section 7851 to, begin insert and to repeal Sections 102.1 and 102.2 of, end insert the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 822, as amended, Committee on Business, Professions and Economic Development. Professions and vocations.

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(1) Existing law requires that certain actions take place with regard to the Cemetery Board and Funeral Directors and Embalmers Board and the Structural Pest Control Board by January 1, 1996.

end insert begin insert

This bill would delete those provisions.

end insert begin insert

(2) Existing law, between July 1, 2013, and January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license, if certain conditions are met.

end insert begin insert

This bill would add the condition that the individual is required to notify the Board of Accountancy of any pending criminal charges in any jurisdiction, other than for a minor traffic violation.

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Existing law, between July 1, 2013, and January 1, 2019, authorizes a certified public accounting firm that is authorized to practice in another state and that does not have an office in this state to engage in the practice of public accountancy in this state through the holder of a practice privilege, and the board is authorized to revoke, suspend, issue a fine, as provided, or otherwise restrict or discipline the firm for any act that would be grounds for discipline against a holder of a practice privilege through which the firm practices.

end insert begin insert

This bill would also authorize the board to issue a citation and fine, as provided, under the general powers given to the board as a part of the Department of Consumer Affairs.

end insert begin delete

(1)

end delete

begin insert (3) end insert  Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors in this state. Under existing law, a contractor’s license that has expired may be renewed at any time within 5 years after its expiration by filing an application for renewal on a form prescribed by the registrar of contractors, and payment of the appropriate renewal fee. If the license is renewed after the expiration date, existing law requires the licensee to also pay a delinquency fee. begin insert The registrar of contractors is required to conduct a comprehensive field investigation of no less than 3% of applications for an additional classification on a contractor’s license based upon experience and without further examination to ensure that the applicants met the experience requirements and to make public, at quarterly meetings of the Contractors’ State License Board, a listing of all additional classification applications approved during the previous 12 months, including, but not limited to, the name of the applicant, license number, classification applied for, and existing classifications. end insert

This bill would provide an exception to the requirement to pay the delinquency fee where an incomplete renewal application, that had originally been submitted on or before the license expiration date, was returned to the licensee by the registrar with an explanation of the reasons for its rejection and a corrected and acceptable renewal application is returned by the licensee within 30 days after the license expiration date. The bill would also require that the license reflect an expired status for any period between the expiration date and the date of submission of a correct and acceptable renewal application. begin insert The bill would delete the requirement that the registrar’s investigation be a field investigation, and would delete the requirement that the registrar make public, at quarterly meetings of the Contractors’ State License Board, the listing of all additional classification applications approved during the previous 12 months. end insert

begin delete

(2)

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begin insert (4) end insert  Existing law, until January 1, 2014, provides that there is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind that has exclusive authority to issue licenses for the instruction of blind persons in the use of guide dogs, for the training of guide dogs for use by blind persons, to operate schools for the training of guide dogs for the blind, and for the instruction of blind persons in the use of guide dogs. Existing law requires the board to hold regular meetings at least once a year at which an examination of applicants for certificates of registration is to be given.

This bill would delete that requirement.

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(3)

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begin insert (5) end insert  Existing law, the Geologist and Geophysicist Act, provides for the registration, regulation, and discipline of professional geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the act is a misdemeanor. Existing law creates the Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund, which is a continuously appropriated fund, into which fees prescribed by the act are deposited.

This bill would create a new category of registration, to be known as a “retired registration,” for a geologist or geophysicist who meets specified qualifications and would prescribe fees necessary to obtain a retired registration, as well as restrictions on holders of the registration. The bill would also specify the title that the holder of a retired registration is authorized to use. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. Because the bill would increase moneys deposited into a continuously appropriated fund, the bill would make an appropriation.

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(6) Existing law requires any person who regularly transacts business in this state for profit under a fictitious business name to do several things, including, but not limited to, filing a fictitious business name statement not later than 40 days from the time the registrant commences to transact business. Existing law requires the statement to be signed by the husband or wife if the registrants are husband and wife.

end insert begin insert

This bill would instead provide that the statement shall be signed by either party to the marriage if the registrants are a married couple.

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(4)

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begin insert (7) 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: yes. Fiscal committee: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 102.1 of the end insert begin insert Business and Professions
Code end insert begin insert is repealed. end insert

begin delete

102.1.  

(a) If the Cemetery Board and the Funeral Directors
and Embalmers Board are not consolidated or otherwise
restructured on January 1, 1996, the Department of Consumer
Affairs shall succeed to, and is vested with, all the duties, powers,
purpose, responsibilities, and jurisdiction of the boards, including
the employment of one executive director for the purposes of
performing the department’s obligations herewithin.

(b) Notwithstanding Section 107, any law authorizing the
appointment of an executive officer by the Cemetery Board and
the Funeral Directors and Embalmers Board shall not be
implemented and shall have no force or effect while either board
is inoperative or repealed.

(c) If legislation consolidating or otherwise restructuring the
Cemetery Board and the Funeral Directors and Embalmers Board
is not enacted, the Controller is authorized to transfer the necessary
amount of funds from Item 1335-001-0258 of the 1995 Budget
Act to the department for expenditure by the department for
purposes of this section.

(d) This section shall be operative only during the period that
legislation is not enacted to consolidate or otherwise restructure
the Cemetery Board and the Funeral Directors and Embalmers
Board into another board or entity.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 102.2 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

102.2.  

(a) If the Structural Pest Control Board does not comply
with the contingencies specified in paragraphs (a) to (d), inclusive,
of Provision 1 of Item 1530-001-0775 of the Budget Act of 1995
by January 1, 1996, as determined by the Department of Consumer
Affairs, then the department may succeed to and is vested with all
the duties, powers, purpose, responsibilities, and jurisdiction of
the board, including the employment of one executive director for
the purposes of performing the department obligations herein.

(b) If the department elects to not exercise control over the board
pursuant to subdivision (a), the department shall monitor the board
on a monthly basis and the Controller shall, on a monthly basis,
transfer the necessary amount of funds, not to exceed one-sixth of
the amount of the appropriation for each fund identified in
subdivision (c), to the board for the purpose of this subdivision.
If at any time the department determines that the board is not
meeting satisfactory progress toward the obligations set forth in
subdivision (a), the department may invoke privileges of succession
as allowed by subdivision (a).

Monitoring shall include a monthly report from the board, the
status of meeting the obligations set forth in subdivisions (a)
through (d), inclusive, of Provision 1 of Item 1530-001-0775 of
the Budget Act of 1995 in addition to other statutory obligations
as prescribed by law.

(c) Notwithstanding Section 107, any provision of law
authorizing the appointment of an executive officer by the
Structural Pest Control Board shall not be implemented and shall
have no force or effect while the board is inoperative or repealed.
This subdivision shall be in effect only if the Department of
Consumer Affairs invokes privileges of succession pursuant to
subdivision (a).

(d) In the event that the Structural Pest Control Board does not
comply with Provision 1 of Item 1530-001-0775 of the Budget
Act of 1995 by January 1, 1996, as determined by the department,
the sum of one million three hundred fifty-five thousand dollars
($1,355,000) is thereupon appropriated from the Structural Pest
Control Fund to the department, and the sum of one hundred three
thousand dollars ($103,000) is thereupon appropriated from the
Structural Pest Control Education and Enforcement Fund to the
department, for purposes of this section.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5096 of the end insert begin insert Business and Professions Code end insert begin insert ,
as added by Section 9 of Chapter 411 of the Statutes of 2012, is
amended to read: end insert

5096.  

(a) An individual whose principal place of business is
not in this state and who has a valid and current license, certificate,
or permit to practice public accountancy from another state may,
subject to the conditions and limitations in this article, engage in
the practice of public accountancy in this state under a practice
privilege without obtaining a certificate or license under this
chapter if the individual satisfies one of the following:

(1) The individual has continually practiced public accountancy
as a certified public accountant under a valid license issued by any
state for at least four of the last 10 years.

(2) The individual has a license, certificate, or permit from a
state begin delete which end delete begin insert that end insert has been determined by the board to have
education, examination, and experience qualifications for licensure
substantially equivalent to this state’s qualifications under Section
5093.

(3) The individual possesses education, examination, and
experience qualifications for licensure begin delete which end delete begin insert that end insert have been
determined by the board to be substantially equivalent to this state’s
qualifications under Section 5093.

(b) The board may designate states as substantially equivalent
under paragraph (2) of subdivision (a) and may accept individual
qualification evaluations or appraisals conducted by designated
entities, as satisfying the requirements of paragraph (3) of
subdivision (a).

(c) An individual who qualifies for the practice privilege under
this section may engage in the practice of public accountancy in
this state, and no notice, fee, or other requirement shall be imposed
on that individual by the board.

(d) An individual who qualifies for the practice privilege under
this section may perform the following services only through a
firm of certified public accountants that has obtained a registration
from the board pursuant to Section 5096.12:

(1) An audit or review of a financial statement for an entity
headquartered in California.

(2) A compilation of a financial statement when that person
expects, or reasonably might expect, that a third party will use the
financial statement and the compilation report does not disclose a
lack of independence for an entity headquartered in California.

(3) An examination of prospective financial information for an
entity headquartered in California.

(e) An individual who holds a practice privilege under this
article:

(1) Is subject to the personal and subject matter jurisdiction and
disciplinary authority of the board and the courts of this state.

(2) Shall comply with the provisions of this chapter, board
regulations, and other laws, regulations, and professional standards
applicable to the practice of public accountancy by the licensees
of this state and to any other laws and regulations applicable to
individuals practicing under practice privileges in this state except
the individual is deemed, solely for the purpose of this article, to
have met the continuing education requirements and ethics
examination requirements of this state when the individual has
met the examination and continuing education requirements of the
state in which the individual holds the valid license, certificate, or
permit on which the substantial equivalency is based.

(3) Shall not provide public accountancy services in this state
from any office located in this state, except as an employee of a
firm registered in this state. This paragraph does not apply to public
accountancy services provided to a client at the client’s place of
business or residence.

(4) Is deemed to have appointed the regulatory agency of the
state that issued the individual’s certificate, license, or permit upon
which substantial equivalency is based as the individual’s agent
on whom notices, subpoenas, or other process may be served in
any action or proceeding by the board against the individual.

(5) Shall cooperate with any board investigation or inquiry and
shall timely respond to a board investigation, inquiry, request,
notice, demand, or subpoena for information or documents and
timely provide to the board the identified information and
documents.

(6) Shall cease exercising the practice privilege in this state if
the regulatory agency in the state in which the individual’s
certificate, license, or permit was issued takes disciplinary action
resulting in the suspension or revocation, including stayed
suspension, stayed revocation, or probation of the individual’s
certificate, license, or permit, or takes other disciplinary action
against the individual’s certificate, license, or permit that arises
from any of the following:

(A) Gross negligence, recklessness, or intentional wrongdoing
relating to the practice of public accountancy.

(B) Fraud or misappropriation of funds.

(C) Preparation, publication, or dissemination of false,
fraudulent, or materially incomplete or misleading financial
statements, reports, or information.

(7) Shall cease exercising the practice privilege in this state if
convicted in any jurisdiction of any crime involving dishonesty,
including, but not limited to, embezzlement, theft, misappropriation
of funds or property, or obtaining money, property, or other
valuable consideration by fraudulent means or false pretenses.

(8) Shall cease exercising the practice privilege if the United
States Securities and Exchange Commission or the Public Company
Accounting Oversight Board bars the individual from practicing
before them.

(9) Shall cease exercising the practice privilege if any
governmental body or agency suspends the right of the individual
to practice before the body or agency.

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(10) Shall notify the board of any pending criminal charges,
other than for a minor traffic violation, in any jurisdiction.

end insert

(f) An individual who is required to cease practice pursuant to
paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
board within 15 calendar days, on a form prescribed by the board,
and shall not practice public accountancy in this state pursuant to
this section until he or she has received from the board written
permission to do so.

(g) An individual who fails to cease practice as required by
subdivision (e) or begin delete that end delete begin insert who end insert fails to provide the notice required by
subdivision (f) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the practice
privilege were a license and the individual were a licensee. An
individual in violation of subdivision (e) or (f) shall, for a minimum
of one year from the date the board learns there has been a violation
of subdivision (e) or (f), not practice in this state and shall not have
the possibility of reinstatement during that period. If the board
determines that the failure to cease practice or provide the notice
was intentional, that individual’s practice privilege shall be revoked
and there shall be no possibility of reinstatement for a minimum
of two years.

(h) The board shall require an individual who provides notice
to the board pursuant to subdivision (f) to cease the practice of
public accountancy in this state until the board provides the
individual with written permission to resume the practice of public
accountancy in this state.

(i) (1) An individual to whom, within the last seven years
immediately preceding the date on which he or she wishes to
practice in this state, any of the following criteria apply, shall notify
the board, on a form prescribed by the board, and shall not practice
public accountancy in this state pursuant to this section until the
board provides the individual with written permission to do so:

(A) He or she has been the subject of any final disciplinary
action by the licensing or disciplinary authority of any other
jurisdiction with respect to any professional license or has any
charges of professional misconduct pending against him or her in
any other jurisdiction.

(B) He or she has had his or her license in another jurisdiction
reinstated after a suspension or revocation of the license.

(C) He or she has been denied issuance or renewal of a
professional license or certificate in any other jurisdiction for any
reason other than an inadvertent administrative error.

(D) He or she has been convicted of a crime or is subject to
pending criminal charges in any jurisdiction other than a minor
traffic violation.

(E) He or she has otherwise acquired a disqualifying condition
as described in subdivision (a) of Section 5096.2.

(2) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
paragraph (1) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the practice
privilege were a license and the individual were a licensee. An
individual in violation of subdivision (e) or paragraph (1) shall,
for a minimum of one year from the date the board knows there
has been a violation of subdivision (e) or paragraph (1), not practice
in this state and shall not have the possibility of reinstatement
during that period. If the board determines that the failure to cease
practice or provide the notice was intentional, that individual shall
be prohibited from practicing in this state in the same manner as
if a licensee has his or her practice privilege revoked and there
shall be no possibility of reinstatement for a minimum of two years.

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(j) This section shall become operative on July 1, 2013.

end delete begin delete

(k)

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begin insert (j) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 5096.2 of the end insert begin insert Business and Professions Code end insert begin insert ,
as added by Section 15 of Chapter 411 of the Statutes of 2012, is
amended to read: end insert

5096.2.  

(a) (1) Practice privileges may be revoked for any of
the following reasons:

(A) If an individual no longer qualifies under, or complies with,
the provisions of this article, including, but not limited to, Section
5096, or implementing regulations.

(B) If an individual commits any act that if committed by an
applicant for licensure would be grounds for denial of a license
under Section 480.

(C) If an individual commits any act that if committed by a
licensee would be grounds for discipline under Section 5100.

(D) If an individual commits any act outside of this state that
would be a violation if committed within this state.

(E) If an individual acquires at any time, while exercising the
practice privilege, any disqualifying condition under paragraph
(2).

(2) Disqualifying conditions include:

(A) Conviction of any crime other than a minor traffic violation.

(B) Revocation, suspension, denial, surrender, or other discipline
or sanctions involving any license, permit, registration, certificate,
or other authority to practice any profession in this or any other
state or foreign country or to practice before any state, federal, or
local court or agency, or the Public Company Accounting Oversight
Board.

(C) Any judgment or arbitration award against the individual
involving the professional conduct of the individual in the amount
of thirty thousand dollars ($30,000) or greater.

(D) Any other conditions as specified by the board in regulation.

(3) The board may adopt regulations exempting specified minor
occurrences of the conditions listed in subparagraph (B) of
paragraph (2) from being disqualifying conditions under this
subdivision.

(b) The board may revoke practice privileges using either of
the following procedures:

(1) Notifying the individual in writing of all of the following:

(A) That the practice privilege is revoked.

(B) The reasons for revocation.

(C) The earliest date on which the individual may qualify for a
practice privilege.

(D) That the individual has a right to appeal the notice and
request a hearing under the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code) if a written
notice of appeal and request for hearing is made within 60 days.

(E) That, if the individual does not submit a notice of appeal
and request for hearing within 60 days, the board’s action set forth
in the notice shall become final.

(2) Filing a statement of issues under the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code).

(c) An individual whose practice privilege has been revoked
may only subsequently exercise the practice privilege upon
application to the board for reinstatement of the practice privilege
not less than one year after the effective date of the notice or
decision revoking the practice privilege, unless a longer time period
is specified in the notice or decision revoking the practice privilege.

(d) Holders of practice privileges are subject to suspension,
begin insert citations, end insert fines, or other disciplinary actions for any conduct that
would be grounds for discipline against a licensee of the board or
for any conduct in violation of this article or regulations adopted
thereunder.

(e) The board may recover its costs pursuant to Section 5107
as part of any disciplinary proceeding against the holder of a
practice privilege.

(f) The provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), including, but not limited to, the
commencement of a disciplinary proceeding by the filing of an
accusation by the board, shall apply under this article.

(g) If the board revokes or otherwise limits an individual’s
practice privilege, the board shall promptly notify the regulatory
agency of the state or states in which the individual is licensed,
and the United States Securities and Exchange Commission, the
Public Company Accounting Oversight Board, and the National
Association of State Boards of Accountancy.

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(h) This section shall become operative on July 1, 2013.

(i)

end delete

begin insert (h) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 5096.12 of the end insert begin insert Business and Professions Code end insert begin insert ,
as added by Section 35 of Chapter 411 of the Statutes of 2012, is
amended to read: end insert

5096.12.  

(a) A certified public accounting firm that is
authorized to practice in another state and that does not have an
office in this state may engage in the practice of public accountancy
in this state through the holder of a practice privilege provided
that:

(1) The practice of public accountancy by the firm is limited to
authorized practice by the holder of the practice privilege.

(2) A firm that engages in practice under this section is deemed
to consent to the personal, subject matter, and disciplinary
jurisdiction of the board with respect to any practice under this
section.

(b) The board may revoke, suspend, issue a fine pursuant to
Article 6.5 (commencing with Section 5116), begin insert issue a citation and
fine pursuant to Section 125.9, end insert or otherwise restrict or discipline
the firm for any act that would be grounds for discipline against a
holder of a practice privilege through which the firm practices.

(c) A firm that provides the services described in subdivision
(d) of Section 5096 shall obtain a registration from the board.

begin delete

(d) This section shall become operative on July 1, 2013.

end delete begin delete

(e)

end delete

begin insert (d) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7065.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7065.3.  

Notwithstanding Section 7065, upon a conclusive
showing by a licensee that he or she possesses experience
satisfactory to the registrar in the classification applied for, an
additional classification may be added, without further
examination, under all of the following conditions:

(a) For five of the seven years immediately preceding the
application, the qualifying individual of the licensee has been listed
as a member of the personnel of any licensee whose license was
active and in good standing, and who during the period listed on
a license was actively engaged in the licensee’s construction
activities.

(b) The qualifying individual for the applicant has had within
the last 10 years immediately preceding the filing of the
application, not less than four years experience as a journeyman,
foreman, supervising employee begin insert , end insert or contractor in the classification
within which the licensee intends to engage in the additional
classification as a contractor.

(c) The application is, as determined by the registrar, for a
classification begin delete which end delete begin insert that end insert is closely related to the classification or
classifications in which the licensee is licensed, or the qualifying
individual is associated with a licensed general engineering
contractor or licensed general building contractor and is applying
for a classification begin delete which end delete begin insert that end insert is a significant component of the
licensed contractor’s construction business as determined by the
registrar. This section shall not apply to an applicant who is
licensed solely within the limited-specialty classifications.

Pursuant to Section 7065, the registrar shall conduct a
comprehensive begin delete field end delete investigation of no less than 3 percent of
applications filed under this section to ensure that the applicants
met the experience requirements of this section begin delete and shall make
public, at quarterly meetings of the Contractors’ State License
Board, a listing of all applications approved under this section
during the previous 12 months, including, but not limited to, the
name of the applicant, license number, classification applied for,
and existing classifications end delete .

begin delete SECTION 1. end delete
begin insert SEC. 7. end insert   

Section 7114 of the Business and Professions Code is
amended to read:

7114.  

(a) Aiding or abetting an unlicensed person to evade
the provisions of this chapter or combining or conspiring with an
unlicensed person, or allowing one’s license to be used by an
unlicensed person, or acting as agent or partner or associate, or
otherwise, of an unlicensed person with the intent to evade the
provisions of this chapter constitutes a cause for disciplinary action.

(b) A licensee who is found by the registrar to have violated
subdivision (a) shall, in accordance with the provisions of this
article, be subject to the registrar’s authority to order payment of
a specified sum to an injured party, including, but not limited to,
payment for any injury resulting from the acts of the unlicensed
person.

begin delete SEC. 2. end delete
begin insert SEC. 8. end insert   

Section 7141 of the Business and Professions Code is
amended to read:

7141.  

(a) Except as otherwise provided in this chapter, a
license that has expired may be renewed at any time within five
years after its expiration by filing an application for renewal on a
form prescribed by the registrar and payment of the appropriate
renewal fee. Renewal under this section shall be effective on the
date an acceptable renewal application is filed with the board. The
licensee shall be considered unlicensed and there will be a break
in the licensing time between the expiration date and the date the
renewal becomes effective. Except as provided in subdivision (b),
if the license is renewed after the expiration date, the licensee shall
also pay the delinquency fee prescribed by this chapter.

(b) An incomplete renewal application that had originally been
submitted on or before the license expiration date shall be returned
to the licensee by the registrar with an explanation of the reasons
for its rejection. If a corrected and acceptable renewal application
is not returned within 30 days after the license expiration date, the
delinquency fee shall apply. The 30 day grace period shall apply
only to the delinquency fee. The license shall reflect an expired
status for any period between the expiration date and the date of
submission of a correct and acceptable renewal application.

(c) If so renewed, the license shall continue in effect through
the date provided in Section 7140 that next occurs after the
effective date of the renewal, when it shall expire if it is not again
renewed.

(d) If a license is not renewed within five years, the licensee
shall make an application for a license pursuant to Section 7066.

begin delete SEC. 3. end delete
begin insert SEC. 9. end insert   

Section 7206 of the Business and Professions Code is
amended to read:

7206.  

Special meetings shall be held upon request of a majority
of the members of the board or upon the call of the president.

begin delete SEC. 4. end delete
begin insert SEC. 10. end insert   

Section 7210 of the Business and Professions Code
is amended to read:

7210.  

It shall be unlawful for any person to sell, offer for sale,
give, hire or furnish under any other arrangement, any guide dog
or to engage in the business or occupation of training begin delete such end delete a begin insert guide end insert
dog unless he or she holds a valid and unimpaired license issued
pursuant to this chapter.

begin delete SEC. 5. end delete
begin insert SEC. 11. end insert   

Section 7851 is added to the Business and Professions
Code, to read:

7851.  

(a) The board shall issue, upon application and payment
of the fee established by Section 7887, a retired registration to a
geologist or geophysicist who has been registered by the board for
a minimum of five years within California and a minimum of 20
years within the United States or its territories, and who holds a
registration that is not suspended, revoked, or otherwise disciplined,
or subject to pending discipline under this chapter.

(b) The holder of a retired registration issued pursuant to this
section shall not engage in any activity for which an active
geologist’s or geophysicist’s registration is required. A geologist
or geophysicist holding a retired registration may use the titles
“retired professional geologist” or “professional geologist, retired,”
or “retired professional geophysicist” or “professional geophysicist,
retired.”

(c) The holder of a retired registration shall not be required to
renew that registration.

(d) In order for the holder of a retired registration, issued
pursuant to this section, to restore his or her registration to active
status begin delete , end delete he or she shall pass the examination required for initial
registration with the board.

begin delete SEC. 6. end delete
begin insert SEC. 12. end insert   

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

7887.  

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

(a) The fee for filing each application for registration as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination shall be fixed at not more than two hundred begin delete and end delete fifty
dollars ($250).

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

(c) The duplicate certificate fee shall be fixed at not more than
six dollars ($6).

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

(e) The renewal fee for a geologist or for a geophysicist shall
be fixed at not more than four hundred dollars ($400).

(f) The renewal fee for a specialty geologist or for a specialty
geophysicist shall be fixed at not more than one hundred dollars
($100).

(g) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.

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

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

(j) The fee for a retired registration shall be fixed at not more
than 50 percent of the fee for filing an application for registration
as a geologist or a geophysicist in effect on the date of application
for a retired registration.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 17914 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

17914.  

The statement shall be signed as follows:

(a) If the registrant is an individual, by the individual.

(b) If the registrants are begin delete husband and wife, by the husband or
wife end delete begin insert a married couple, by either party to the marriage end insert .

(c) If the registrant is a general partnership, limited partnership,
limited liability partnership, copartnership, joint venture, or
unincorporated association other than a partnership, by a general
partner.

(d) If the registrant is a limited liability company, by a manager
or officer.

(e) If the registrant is a trust, by a trustee.

(f) If the registrant is a corporation, by an officer.

(g) If the registrant is a state or local registered domestic
partnership, by one of the domestic partners.

begin delete SEC. 7. end delete
begin insert SEC. 14. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.