Amended in Assembly June 12, 2013

Amended in Senate April 22, 2013

Senate Bill No. 822

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

March 20, 2013

An act to amend Sections 5096, 5096.2, 5096.12, begin insert 7026.1, end insert 7065.3, 7114, 7141, 7206, 7210, 7887, and 17914, of, to add Section 7851 to, and to repeal Sections 102.1 and 102.2 of, 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.

(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.

This bill would delete those provisions.

(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.

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.

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.

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.

(3) Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors in this state. begin delete Under end delete begin insert Existing law defines the term “contractor” to mean, among other things, any person, consultant to an owner-builder, corporation, or company who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or a part thereof. end insert

begin insert Under end insert 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. 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.

This begin insert bill would provide that the term “contractor” or “consultant” does not apply to a common interest development manager, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined. end insert

begin insert The end insert 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. 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.

(4) 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.

(5) Existing law, the Geologist and Geophysicist Act, provides for the begin delete registration end delete begin insert licensure end insert , 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 begin delete Engineers end delete begin insert Engineer’s end insert and Land begin delete Surveyors end delete begin insert Surveyor’s end insert Fund, which is a continuously appropriated fund, into which fees prescribed by the act are deposited.

This bill would create a new category of begin delete registration, end delete begin insert licensure, end insert to be known as a “retired begin delete registration,” end delete begin insert license,” end insert for a geologist or geophysicist who meets specified qualifications and would prescribe fees necessary to obtain a retired begin delete registration end delete begin insert license end insert , as well as restrictions on holders of the begin delete registration end delete begin insert license end insert . The bill would also specify the title that the holder of a retired begin delete registration end delete begin insert license end insert 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.

(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.

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

(7) 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:

SECTION 1.  

Section 102.1 of the Business and Professions
Code is repealed.

SEC. 2.  

Section 102.2 of the Business and Professions Code
is repealed.

SEC. 3.  

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

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 4 of the last 10 years.

(2) The individual has a license, certificate, or permit from a
state that 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 that 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.

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

(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 who 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.

(j) 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.

SEC. 4.  

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

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,
citations, 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.

(h) 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.

SEC. 5.  

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

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), issue a citation and
fine pursuant to Section 125.9, 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.

(d) 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 7026.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7026.1.  

begin insert (a) end insert begin insert   end insert The term “contractor” includes all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  Any person not exempt under Section 7053 who maintains
or services air-conditioning, heating, or refrigeration equipment
that is a fixed part of the structure to which it is attached.

begin delete

(b) (1)

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert  Any person, consultant to an owner-builder, firm,
association, organization, partnership, business trust, corporation,
or company, who or which undertakes, offers to undertake, purports
to have the capacity to undertake, or submits a bid to construct
any building or home improvement project, or part thereof.

begin delete

(2)

end delete

begin insert (B) end insert  For purposes of this begin delete subdivision, end delete begin insert paragraph, end insert a consultant
is a person, other than a public agency or an owner of privately
owned real property to be improved, who meets either of the
following criteria as it relates to work performed pursuant to a
home improvement contract as defined in Section 7151.2:

begin delete

(A)

end delete

begin insert (i) end insert  Provides or oversees a bid for a construction project.

begin delete

(B)

end delete

begin insert (ii) end insert  Arranges for and sets up work schedules for contractors and
subcontractors and maintains oversight of a construction project.

begin delete

(c)

end delete

begin insert (3) end insert  A temporary labor service agency that, as the employer,
provides employees for the performance of work covered by this
chapter. The provisions of this begin delete subdivision end delete begin insert paragraph end insert shall not
apply if there is a properly licensed contractor who exercises
supervision in accordance with Section 7068.1 and who is directly
responsible for the final results of the work. Nothing in this
begin delete subdivision end delete begin insert paragraph end insert shall require a qualifying individual, as
provided in Section 7068, to be present during the supervision of
work covered by this chapter. A contractor requesting the services
of a temporary labor service agency shall provide his or her license
number to that temporary labor service agency.

begin delete

(d)

end delete

begin insert (4) end insert  Any person not otherwise exempt by this chapter, who
performs tree removal, tree pruning, stump removal, or engages
in tree or limb cabling or guying. The term contractor does not
include a person performing the activities of a nurseryperson who
in the normal course of routine work performs incidental pruning
of trees, or guying of planted trees and their limbs. The term
contractor does not include a gardener who in the normal course
of routine work performs incidental pruning of trees measuring
less than 15 feet in height after planting.

begin delete

(e)

end delete

begin insert (5) end insert  Any person engaged in the business of drilling, digging,
boring, or otherwise constructing, deepening, repairing,
reperforating, or abandoning any water well, cathodic protection
well, or monitoring well.

begin insert

(b) The term “contractor” or “consultant” does not include a
certified common interest development manager, as defined in
Section 11501, and a certified common interest development
manager is not required to have a contractor’s license when
performing management services, as defined in subdivision (d) of
Section 11500.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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

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, 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 that 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 that 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 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 SEC. 7. end delete
begin insert SEC. 8. 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. 8. end delete
begin insert SEC. 9. 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. 9. end delete
begin insert SEC. 10. 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. 10. end delete
begin insert SEC. 11. 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 a guide dog
unless he or she holds a valid and unimpaired license issued
pursuant to this chapter.

begin delete SEC. 11. end delete
begin insert SEC. 12. 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 begin delete registration end delete begin insert license end insert
to a geologist or geophysicist who has been begin delete registered end delete begin insert licensed end insert 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 begin delete registration end delete begin insert license end insert that is not suspended, revoked,
or otherwise disciplined, or subject to pending discipline under
this chapter.

(b) The holder of a retired begin delete registration end delete begin insert license end insert issued pursuant
to this section shall not engage in any activity for which an active
geologist’s or geophysicist’s begin delete registration end delete begin insert license end insert is required. A
geologist or geophysicist holding a retired begin delete registration end delete begin insert license end insert 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 begin delete registration end delete begin insert license end insert shall not be
required to renew that registration.

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

begin delete SEC. 12. end delete
begin insert SEC. 13. 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 begin delete registration end delete begin insert licensure end insert
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 fifty
dollars ($250).

(b) The begin delete registration end delete begin insert license end insert 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 begin delete registration end delete begin insert license end insert 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 begin delete registration end delete begin insert licensure end insert 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 begin delete registration end delete begin insert licensure end insert 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 begin delete registration end delete begin insert license end insert shall be fixed at not
more than 50 percent of the fee for filing an application for
begin delete registration end delete begin insert licensure end insert as a geologist or a geophysicist in effect on
the date of application for a retired begin delete registration end delete begin insert license end insert .

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

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

17914.  

The statement shall be signed as follows:

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

(b) If the registrants are a married couple, by either party to the
marriage.

(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. 14. end delete
begin insert SEC. 15. 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.