Amended in Assembly June 16, 2014

Amended in Assembly June 9, 2014

Amended in Senate May 1, 2014

Senate BillNo. 1467


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

March 25, 2014


An act to amend Sectionsbegin insert 5000,end insert 5070, 5070.5, 5093, 5096, 5096.4, 6730.2, 6735, 6759, 7011.4,begin delete 7685,end delete 7842, 7860, 8771, 17901, 17913, 17914, 17916, and 22454 of, and to add Sections 7864 and 8725.1 to, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1467, as amended, Committee on Business, Professions and Economic Development. Professions and vocations.

(1) Under existing law, the California Board of Accountancy licenses and regulates accountants. begin insertThe board consists of 15 members, and of those the Governor is required to appoint 7 members who are licensees representing a cross section of the accounting profession with at least 2 members representing a small public professional firm, as defined. end insertExisting law prohibits a person from engaging in the practice of public accountancy in this state unless he or she holds either a valid permit issued by the board or a practice privilege, as specified. Existing law requires an applicant for registration to furnish satisfactory evidence that the applicant is entitled to registration.

This bill would begin insertdelete the requirement that 2 of the board members represent a small public professional firm. The bill would end insertauthorize the board to collect, but not require, a valid electronic mail address at the time of application for, or renewal of, a certified public accountant license. The bill would provide that these electronic mail addresses shall not be considered public records and would prohibit these electronic mail addresses from being disclosed pursuant to specified provisions of law, unless required pursuant to a court order.

Existing law sets forth education, examination, and experience requirements for a certified public accountant license, and requires an applicant to show, to the satisfaction of the board, that he or she has one year of qualifying experience, including any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. Existing law requires the experience to have been performed in accordance with applicable professional standards in order to qualify, and to be completed under the supervision or in the employ of a person licensed to engage in the practice of public accountancy, as specified.

This bill would authorize the board, by regulation, to allow experience in academia to satisfy the one-year requirement described above.

Existing law, until 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. Existing law subjects an individual who holds a practice privilege to certain requirements, including, among others, that the individual shall notify the board of any pending criminal charges, other than a minor traffic violation, in any jurisdiction.

This bill would instead subject an individual holding and exercising a practice privilege in this state to the requirements described above. The bill would also require the individual to report the criminal charges described above to the board in writing within 30 days of the date the individual has knowledge of those charges.

Existing law, until January 1, 2019, authorizes the board to administratively suspend an individual’s right to practice in this state under a practice privilege at any time by an order issued by the board or its executive officer, without prior notice or hearing, for the purpose of conducting a disciplinary investigation, proceeding, or inquiry concerning the representations made in the notice, the individual’s competence or qualifications to practice under practice privileges, failure to timely respond to a board inquiry or request for information or documents, or under other conditions and circumstances provided for by board regulation. Existing law, beginning January 1, 2019, additionally requires the board to consult the Public Company Accounting Oversight Board (PCAOB) and the United States Securities and Exchange Commission on an every 6-month basis to identify out-of-state licensees who may have disqualifying conditions, or may be obliged to cease practice, and to disclose whether those out-of-state licensees are lawfully permitted to exercise the privilege. Existing law provides that disclosure of this information is not to be considered discipline.

This bill would instead require the board to consult with the PCAOB and the United States Securities and Exchange Commission at least once every 6 months, as specified, until January 1, 2019, and would delete those provisions after that date.

This bill would make technical, nonsubstantive changes, and would delete an obsolete provision.

(2) The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified.

This bill would require all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas, and all public school facilities, to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.

Existing law requires an applicant for registration as a professional engineer, among other things, to furnish evidence of 6 years or more of qualifying experience in engineering work, as specified, and to successfully pass the second division of the licensure examination. Existing law authorizes the board to issue a certificate of registration as a professional engineer, without a written examination, to a person holding a certificate of registration issued by another state or country if the applicant’s qualifications meet the requirements of the act. For purposes of these provisions, the act requires equivalent second division examinations to be 8-hour written examinations prepared or administered by a state or territory, as specified.

This bill would delete the requirement that an equivalent second division examination be an 8-hour examination.

(3) Under the Contractors’ State License Law, the Contractors’ State License Board licenses and regulates contractors. Under existing law, there is within the board a separate enforcement division that is required to rigorously enforce the act. Existing law specifies that persons employed as enforcement representatives in this division, and designated by the Director of Consumer Affairs, are not peace officers and are not entitled to safety member retirement benefits.

This bill would make technical, nonsubstantive changes to these provisions.

begin delete

(4) Existing law, the Funeral Directors and Embalmers Law, regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral services and prices to consumers, as specified. Existing law requires a licensed funeral establishment that maintains an Internet Web site to also post on its Internet Web site the list of funeral goods and services that are required to be included in its general price list, as specified, and requires that information to be provided by a link from the homepage of its Internet Web site, except as specified. A violation of the act is a misdemeanor.

end delete
begin delete

This bill would require that link to use the words “price information” or a similar phrase that includes the word “price.” Because the bill would establish a new crime, the bill would create a state-mandated local program.

end delete
begin delete

(5)

end delete

begin insert(4)end insert Under the Geologist and Geophysicist Act, the Board for Professional Engineers, Land Surveyors, and Geologists registers and regulates professional geologists and professional geophysicists and certifies applicants in specialties in geology and geologists-in-training. Existing law requires an applicant seeking certification as a petroleum geologist to meet certain requirements including, among other things, having performed a minimum of 3 years of professional geological work under the supervision of a registered petroleum engineer.

This bill would delete the provisions relating to petroleum geologists described above. The bill would also make technical, nonsubstantive changes to one of these provisions.

Existing law, under the Geologist and Geophysicist Act, sets forth procedures for the discipline of a registrant or certificate holder, as specified, subject to provisions governing administrative proceedings.

This bill would set forth additional procedures that would apply to a registrant or certificate holder who has been subject to discipline and who petitions the board for reinstatement or modification of penalty, as specified.

begin delete

(6)

end delete

begin insert(5)end insert Existing law, the Professional Land Surveyors’ Act, provides for the licensing and regulation of professional land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires that land survey monuments be set sufficient in number and durability and efficiently placed so as not to be readily disturbed and to assure the perpetuation or easy reestablishment of a survey point or line. The act makes a violation of its provisions a misdemeanor.

The Professional Engineers Act provides for the licensing and regulation of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. The act states the intent of the Legislature that the act’s registration requirements that are imposed on private professional engineers are also imposed on public entities and requires that at least one registered engineer be designated the person in responsible charge of professional engineering work for each branch of professional engineering practiced in any department or agency of the state, city, county, or city and county. The act makes a violation of its provisions a misdemeanor.

This bill would require that at least one person authorized to practice land surveying be designated the person in responsible charge of professional land surveying work practiced in any department or agency of the state, city, county, city and county, district, or special district. The bill would revise nomenclature associated with actions that affect land survey monuments. The bill would require that the governmental agency performing or permitting construction or maintenance work be responsible for ensuring that the landowner or governmental agency performing the work provides for monument perpetuation. The bill would require that the designated person in responsible charge of professional engineering work for a governmental entity, pursuant to the Professional Engineers Act, be responsible for the requirements associated with monuments under the Professional Land Surveyors’ Act, as described above. By creating new duties for local officials and expanding the definition of a crime, the bill would impose a state-mandated local program.

begin delete

(7)

end delete

begin insert(6)end insert Existing law requires a person transacting business in the state under a fictitious name, as defined, to file, with the county clerk of the county where the business is located, a statement including specified information and to declare that the information is true and correct. Existing law requires that a registrant or an agent filing on behalf of a registrant present a California driver’s license or other personal government identification acceptable to the county clerk to adequately determine the registrant’s identity or agent’s identity, as specified. Existing law authorizes the county clerk to require the registrant to complete and sign an affidavit of identity statement on a form prescribed by the county clerk, and to require an agent submitting the filings on behalf of a registrant to also complete and sign an affidavit of identity statement declaring that the registrant has authorized the agent to make the filings on behalf of the registrant. Existing law requires a registrant that is a corporation, limited liability company, or limited liability partnership, and that is required by the county clerk to file an affidavit of identity statement, to submit with its affidavit a certificate of status issued by the Secretary of State certifying to that business entity’s existence and good standing.

This bill would instead authorize the county clerk to require a registrant that is a corporation, limited partnership, limited liability company, or limited liability partnership to submit documentary evidence issued by the Secretary of State indicating the current existence and good standing of that business entity, deemed acceptable by the county clerk, with a notarized affidavit of identity. The bill would further authorize the county clerk to require an agent filing on behalf of the registrant to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing. The bill would also make clarifying changes to these provisions.

begin delete

(8)

end delete

begin insert(7)end insert Existing law defines and regulates the activities of professional photocopiers, as defined. Existing law requires a professional photocopier to be registered by the county clerk, and provides that a certificate of registration is effective for a 2-year period. Existing law also requires at least one person involved in the management of a professional photocopier to be a licensed notary public. Failure to comply with these provisions is a misdemeanor.

This bill would require the notary commission to remain valid during the 2-year period that the professional photocopier’s certificate of registration is effective. The bill would also require the registrant to notify the county clerk and provide an updated valid notary commission if the commission expires prior to the expiration of the certificate of registration. By expanding a crime, the bill would create a state-mandated local program.

begin delete

(9)

end delete

begin insert(end insertbegin insert8)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

begin delete

(10)

end delete

begin insert(9)end insert Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings and declarations demonstrating the interest protected by that limitation and the need for protecting that interest.

This bill would make a legislative finding and declaration relating to the necessity of treating as confidential electronic mail addresses provided to the California Board of Accountancy in order to protect the privacy of those individuals applying for a certified public accountant license.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P7    1

SECTION 1.  

The Legislature finds and declares that in order
2to protect the privacy of those individuals applying for a certified
3public accountant license, it is necessary that electronic mail
4addresses provided to the California Board of Accountancy
5pursuant to Sections 2 and 3 of this act be confidential.

6begin insert

begin insertSEC. end insertbegin insert2.end insert  

end insert

begin insertSection 5000 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
7amended to read:end insert

8

5000.  

begin insert(a)end insertbegin insertend insert There is in the Department of Consumer Affairs the
9California Board of Accountancy, which consists of 15 members,
107 of whom shall be licensees, and 8 of whom shall be public
P8    1members who shall not be licentiates of the board or registered by
2the board. The board has the powers and duties conferred by this
3chapter.

begin delete

4 The

end delete

5begin insert(b)end insertbegin insertend insertbegin insertTheend insert Governor shall appoint four of the public members, and
6the seven licensee members as provided in this section. The Senate
7Committee on Rules and the Speaker of the Assembly shall each
8appoint two public members. In appointing the seven licensee
9members, the Governor shall appointbegin delete membersend deletebegin insert individualsend insert
10 representing a cross section of the accounting begin delete profession with at
11least two members representing a small public accounting firm.
12For the purposes of this chapter, a small public accounting firm
13shall be defined as a professional firm that employs a total of no
14more than four licensees as partners, owners, or full-time
15employees in the practice of public accountancy within the State
16of California.end delete
begin insert profession.end insert

begin delete

17 This

end delete

18begin insert(c)end insertbegin insertend insertbegin insertThisend insert section shall remain in effect only until January 1, 2016,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2016, deletes or extends that date.

begin delete

21 Notwithstanding

end delete

22begin insert(d)end insertbegin insertend insertbegin insertNotwithstandingend insert any other provision of law, the repeal of
23this section renders the board subject to review by the appropriate
24policy committees of the Legislature. However, the review of the
25board shall be limited to reports or studies specified in this chapter
26and those issues identified by the appropriate policy committees
27of the Legislature and the board regarding the implementation of
28new licensing requirements.

29

begin deleteSEC. 2.end delete
30begin insertSEC. 3.end insert  

Section 5070 of the Business and Professions Code is
31amended to read:

32

5070.  

(a) Permits to engage in the practice of public
33accountancy in this state shall be issued by the board only to
34holders of the certificate of certified public accountant issued under
35this chapter and to those partnerships, corporations, and other
36persons who, upon application approved by the board, are
37registered with the board under this chapter. Notwithstanding any
38other law, the board may register an entity organized and authorized
39to practice public accountancy under the laws of another state for
40the purpose of allowing that entity to satisfy the registration
P9    1requirement set forth in Section 5096.12, if (1) the certified public
2accountants providing services in California qualify for the practice
3privilege, and (2) the entity satisfies all other requirements to
4register in this state, other than its form of legal organization.

5(b) All applicants for registration shall furnish satisfactory
6evidence that the applicant is entitled to registration and shall pay
7the fee as provided in Article 8 (commencing with Section 5130).
8Every partnership, corporation, and other person to whom a permit
9is issued shall, in addition to any other fee that may be payable,
10pay the initial permit fee provided in Article 8 (commencing with
11Section 5130).

12(c) The board may collect, but shall not require, a valid
13electronic mail address at the time of application for a certified
14public accountant license. In the interest of protecting an
15applicant’s privacy, the electronic mail address shall not be
16considered a public record and shall not be disclosed pursuant to
17Section 27 or pursuant to a request under the California Public
18Records Act (Chapter 3.5 (commencing with Section 6250) of
19Division 7 of Title 1 of the Government Code), unless required
20pursuant to a court order by a court of competent jurisdiction.

21(d) Each partnership, corporation, and other person issued a
22permit by the board to practice as a certified public accountant or
23as a public accountant shall be furnished with a suitable certificate
24evidencing that registration.

25

begin deleteSEC. 3.end delete
26begin insertSEC. 4.end insert  

Section 5070.5 of the Business and Professions Code
27 is amended to read:

28

5070.5.  

(a) (1) A permit issued under this chapter to a certified
29public accountant or a public accountant expires at 12 midnight
30on the last day of the month of the legal birthday of the licensee
31during the second year of a two-year term if not renewed.

32(2) To renew an unexpired permit, a permitholder shall, before
33the time at which the permit would otherwise expire, apply for
34renewal on a form prescribed by the board, pay the renewal fee
35prescribed by this chapter, and give evidence satisfactory to the
36board that he or she has complied with the continuing education
37provisions of this chapter.

38(3) The board may collect, but shall not require, a valid
39electronic mail address on the renewal form described in paragraph
40(1). In the interest of protecting an applicant’s privacy, the
P10   1electronic mail address shall not be considered a public record and
2shall not be disclosed pursuant to Section 27 or pursuant to a
3request under the California Public Records Act (Chapter 3.5
4(commencing with Section 6250) of Division 7 of Title 1 of the
5Government Code), unless required pursuant to a court order by
6a court of competent jurisdiction.

7(b) A permit to practice as an accountancy partnership or an
8accountancy corporation expires at 12 midnight on the last day of
9the month in which the permit was initially issued during the
10second year of a two-year term if not renewed. To renew an
11unexpired permit, the permitholder shall, before the time at which
12the permit would otherwise expire, apply for renewal on a form
13prescribed by the board, pay the renewal fee prescribed by this
14chapter, and provide evidence satisfactory to the board that the
15accountancy partnership or accountancy corporation is in
16compliance with this chapter.

17

begin deleteSEC. 4.end delete
18begin insertSEC. 5.end insert  

Section 5093 of the Business and Professions Code is
19amended to read:

20

5093.  

(a) To qualify for the certified public accountant license,
21an applicant who is applying under this section shall meet the
22education, examination, and experience requirements specified in
23subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
24this article. The board may adopt regulations as necessary to
25implement this section.

26(b) (1) An applicant for admission to the certified public
27accountant examination under this section shall present satisfactory
28evidence that the applicant has completed a baccalaureate or higher
29degree conferred by a degree-granting university, college, or other
30institution of learning accredited by a regional or national
31 accrediting agency included in a list of these agencies published
32by the United States Secretary of Education under the requirements
33of the federal Higher Education Act of 1965 as amended (20 U.S.C.
34Sec. 1001 et seq.), or meeting, at a minimum, the standards
35described in subdivision (c) of Section 5094. The total educational
36program shall include a minimum of 24 semester units in
37accounting subjects and 24 semester units in business-related
38subjects. This evidence shall be provided at the time of application
39for admission to the examination, except that an applicant who
40applied, qualified, and sat for at least two subjects of the
P11   1examination for the certified public accountant license before May
215, 2002, may provide this evidence at the time of application for
3licensure.

4(A) An applicant enrolled in a program at an institution as
5described in this paragraph that grants conferral of a baccalaureate
6degree upon completion of the 150 semester units required by
7paragraph (2) of this subdivision may satisfy the requirements of
8this paragraph if the applicant’s institution mails the applicant’s
9official transcript or its equivalent together or separately with a
10letter signed by the institution’s registrar, or its equivalent, directly
11to the board pursuant to subdivision (c) of Section 5094. The letter
12shall include all of the following:

13(i) A statement that the applicant is enrolled and in good
14standing in a program that will result in the conferral of a
15baccalaureate degree upon completion of either a master’s degree
16or the 150 semester units required by paragraph (2) of this
17subdivision.

18(ii) A statement that the applicant has completed all
19requirements, including general education and elective
20requirements, for a baccalaureate degree and the only reason the
21college or university has yet to confer the degree is because the
22applicant is enrolled in a program that confers a baccalaureate
23degree upon completion of either a master’s degree or the 150
24semester units required by paragraph (2) of this subdivision.

25(iii) The date on which the applicant met all of the college’s or
26university’s requirements for conferral of a baccalaureate degree.

27(B) The total educational program for an applicant described in
28subparagraph (A) shall include a minimum of 24 semester units
29in accounting subjects and 24 semester units in business-related
30subjects. This evidence shall be provided at the time of application
31for admission to the examination, except that an applicant who
32applied, qualified, and sat for at least two subjects of the
33examination for the certified public accountant license before May
3415, 2002, may provide this evidence at the time of application for
35licensure.

36(2) An applicant for issuance of the certified public accountant
37license under this section shall present satisfactory evidence that
38the applicant has completed at least 150 semester units of college
39education, including a baccalaureate or higher degree conferred
40by a college or university, meeting, at a minimum, the standards
P12   1described in Section 5094, the total educational program to include
2a minimum of 24 semester units in accounting subjects, 24 semester
3units in business-related subjects, and, after December 31, 2013,
4shall also include a minimum of 10 units of ethics study consistent
5with the requirements set forth in Section 5094.3 and 20 units of
6accounting study consistent with the regulations promulgated under
7subdivision (c) of Section 5094.6. This evidence shall be presented
8at the time of application for the certified public accountant license.
9Nothing in this paragraph shall be deemed inconsistent with Section
105094 or 5094.6. Nothing in this paragraph shall be construed to
11be inconsistent with prevailing academic practice regarding the
12completion of units.

13(c) An applicant for the certified public accountant license shall
14pass an examination prescribed by the board.

15(d) (1) The applicant shall show, to the satisfaction of the board,
16that the applicant has had one year of qualifying experience. This
17experience may include providing any type of service or advice
18involving the use of accounting, attest, compilation, management
19advisory, financial advisory, tax, or consulting skills.

20(2) To be qualifying under this section, experience shall have
21been performed in accordance with applicable professional
22standards. Experience in public accounting shall be completed
23under the supervision or in the employ of a person licensed or
24otherwise having comparable authority under the laws of any state
25or country to engage in the practice of public accountancy.
26Experience in private or governmental accounting or auditing shall
27be completed under the supervision of an individual licensed by
28a state to engage in the practice of public accountancy.

29(3) Notwithstanding paragraph (2), the board may, by regulation,
30 allow experience in academia to be qualifying under this section.

31(e) Applicants completing education at a college or university
32located outside of this state, meeting, at a minimum, the standards
33described in Section 5094, shall be deemed to meet the educational
34requirements of this section if the board determines that the
35education is substantially equivalent to the standards of education
36specified under this chapter.

37(f) An applicant who has successfully passed the examination
38requirement specified under Section 5082 on or before December
3931, 2013, may qualify for the certified public accountant license
40without satisfying the 10 semester units of study set forth in Section
P13   15094.3 or 20 semester units of accounting study consistent with
2the regulations promulgated under Section 5094.6, if the applicant
3completes all other requirements for the issuance of a license on
4or before December 31, 2015.

5

begin deleteSEC. 5.end delete
6begin insertSEC. 6.end insert  

Section 5096 of the Business and Professions Code,
7as amended by Section 3 of Chapter 319 of the Statutes of 2013,
8is amended to read:

9

5096.  

(a) An individual whose principal place of business is
10not in this state and who has a valid and current license, certificate,
11or permit to practice public accountancy from another state may,
12subject to the conditions and limitations in this article, engage in
13the practice of public accountancy in this state under a practice
14privilege without obtaining a certificate or license under this
15chapter if the individual satisfies one of the following:

16(1) The individual has continually practiced public accountancy
17as a certified public accountant under a valid license issued by any
18state for at least 4 of the last 10 years.

19(2) The individual has a license, certificate, or permit from a
20state that has been determined by the board to have education,
21examination, and experience qualifications for licensure
22substantially equivalent to this state’s qualifications under Section
235093.

24(3) The individual possesses education, examination, and
25experience qualifications for licensure that have been determined
26by the board to be substantially equivalent to this state’s
27qualifications under Section 5093.

28(b) The board may designate states as substantially equivalent
29under paragraph (2) of subdivision (a) and may accept individual
30qualification evaluations or appraisals conducted by designated
31entities, as satisfying the requirements of paragraph (3) of
32subdivision (a).

33(c) An individual who qualifies for the practice privilege under
34this section may engage in the practice of public accountancy in
35this state, and a notice, fee, or other requirement shall not be
36imposed on that individual by the board.

37(d) An individual who qualifies for the practice privilege under
38this section may perform the following services only through a
39firm of certified public accountants that has obtained a registration
40from the board pursuant to Section 5096.12:

P14   1(1) An audit or review of a financial statement for an entity
2headquartered in California.

3(2) A compilation of a financial statement when that person
4expects, or reasonably might expect, that a third party will use the
5financial statement and the compilation report does not disclose a
6lack of independence for an entity headquartered in California.

7(3) An examination of prospective financial information for an
8entity headquartered in California.

9(e) An individual who holds a practice privilege under this
10article, and is exercising the practice privilege in California:

11(1) Is subject to the personal and subject matter jurisdiction and
12disciplinary authority of the board and the courts of this state.

13(2) Shall comply with the provisions of this chapter, board
14regulations, and other laws, regulations, and professional standards
15applicable to the practice of public accountancy by the licensees
16of this state and to any other laws and regulations applicable to
17individuals practicing under practice privileges in this state, except
18the individual is deemed, solely for the purpose of this article, to
19have met the continuing education requirements and ethics
20examination requirements of this state when the individual has
21met the examination and continuing education requirements of the
22state in which the individual holds the valid license, certificate, or
23permit on which the substantial equivalency is based.

24(3) Shall not provide public accountancy services in this state
25from any office located in this state, except as an employee of a
26firm registered in this state. This paragraph does not apply to public
27accountancy services provided to a client at the client’s place of
28business or residence.

29(4) Is deemed to have appointed the regulatory agency of the
30state that issued the individual’s certificate, license, or permit upon
31which substantial equivalency is based as the individual’s agent
32on whom notices, subpoenas, or other process may be served in
33any action or proceeding by the board against the individual.

34(5) Shall cooperate with any board investigation or inquiry and
35shall timely respond to a board investigation, inquiry, request,
36notice, demand, or subpoena for information or documents and
37timely provide to the board the identified information and
38documents.

39(6) Shall cease exercising the practice privilege in this state if
40the regulatory agency in the state in which the individual’s
P15   1certificate, license, or permit was issued takes disciplinary action
2resulting in the suspension or revocation, including stayed
3suspension, stayed revocation, or probation of the individual’s
4certificate, license, or permit, or takes other disciplinary action
5against the individual’s certificate, license, or permit that arises
6from any of the following:

7(A) Gross negligence, recklessness, or intentional wrongdoing
8relating to the practice of public accountancy.

9(B) Fraud or misappropriation of funds.

10(C) Preparation, publication, or dissemination of false,
11fraudulent, or materially incomplete or misleading financial
12statements, reports, or information.

13(7) Shall cease exercising the practice privilege in this state if
14convicted in any jurisdiction of any crime involving dishonesty,
15including, but not limited to, embezzlement, theft, misappropriation
16of funds or property, or obtaining money, property, or other
17valuable consideration by fraudulent means or false pretenses.

18(8) Shall cease exercising the practice privilege if the United
19States Securities and Exchange Commission or the Public Company
20Accounting Oversight Board bars the individual from practicing
21before them.

22(9) Shall cease exercising the practice privilege if any
23governmental body or agency suspends the right of the individual
24to practice before the body or agency.

25(10) Shall report to the board in writing any pending criminal
26charges, other than for a minor traffic violation, in any jurisdiction
27within 30 days of the date the individual has knowledge of those
28charges.

29(f) An individual who is required to cease practice pursuant to
30paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
31board within 15 calendar days, on a form prescribed by the board,
32and shall not practice public accountancy in this state pursuant to
33this section until he or she has received from the board written
34permission to do so.

35(g) An individual who fails to cease practice as required by
36subdivision (e) or who fails to provide the notice required by
37subdivision (f) shall be subject to the personal and subject matter
38jurisdiction and disciplinary authority of the board as if the practice
39privilege were a license and the individual were a licensee. An
40individual in violation of subdivision (e) or (f) shall, for a minimum
P16   1of one year from the date the board learns there has been a violation
2of subdivision (e) or (f), not practice in this state and shall not have
3the possibility of reinstatement during that period. If the board
4determines that the failure to cease practice or provide the notice
5was intentional, that individual’s practice privilege shall be revoked
6and there shall be no possibility of reinstatement for a minimum
7of two years.

8(h) The board shall require an individual who provides notice
9to the board pursuant to subdivision (f) to cease the practice of
10public accountancy in this state until the board provides the
11individual with written permission to resume the practice of public
12accountancy in this state.

13(i) (1) An individual to whom, within the last seven years
14immediately preceding the date on which he or she wishes to
15practice in this state, any of the following criteria apply, shall notify
16the board, on a form prescribed by the board, and shall not practice
17public accountancy in this state pursuant to this section until the
18board provides the individual with written permission to do so:

19(A) He or she has been the subject of any final disciplinary
20action by the licensing or disciplinary authority of any other
21jurisdiction with respect to any professional license or has any
22charges of professional misconduct pending against him or her in
23any other jurisdiction.

24(B) He or she has had his or her license in another jurisdiction
25reinstated after a suspension or revocation of the license.

26(C) He or she has been denied issuance or renewal of a
27professional license or certificate in any other jurisdiction for any
28reason other than an inadvertent administrative error.

29(D) He or she has been convicted of a crime or is subject to
30pending criminal charges in any jurisdiction other than a minor
31traffic violation.

32(E) He or she has otherwise acquired a disqualifying condition
33as described in subdivision (a) of Section 5096.2.

34(2) An individual who fails to cease practice as required by
35subdivision (e) or who fails to provide the notice required by
36paragraph (1) shall be subject to the personal and subject matter
37jurisdiction and disciplinary authority of the board as if the practice
38privilege were a license and the individual were a licensee. An
39individual in violation of subdivision (e) or paragraph (1) shall,
40for a minimum of one year from the date the board knows there
P17   1has been a violation of subdivision (e) or paragraph (1), not practice
2in this state and shall not have the possibility of reinstatement
3during that period. If the board determines that the failure to cease
4practice or provide the notice was intentional, that individual shall
5be prohibited from practicing in this state in the same manner as
6if a licensee has his or her practice privilege revoked and there
7shall be no possibility of reinstatement for a minimum of two years.

8(j) This section shall remain in effect only until January 1, 2019,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2019, deletes or extends that date.

11

begin deleteSEC. 6.end delete
12begin insertSEC. 7.end insert  

Section 5096.4 of the Business and Professions Code,
13as added by Section 20 of Chapter 411 of the Statutes of 2012, is
14amended to read:

15

5096.4.  

(a) The right of an individual to practice in this state
16under a practice privilege may be administratively suspended at
17any time by an order issued by the board or its executive officer,
18without prior notice or hearing, for the purpose of conducting a
19disciplinary investigation, proceeding, or inquiry concerning the
20individual’s competence or qualifications to practice under practice
21privileges, failure to timely respond to a board inquiry or request
22for information or documents, or under other conditions and
23circumstances provided for by board regulation. The board shall
24consult the Public Company Accounting Oversight Board and the
25United States Securities and Exchange Commission at least once
26every six months to identify out-of-state licensees who may have
27disqualifying conditions or who may be obliged to cease practice,
28and shall disclose, pursuant to this subdivision, whether those
29out-of-state licensees are lawfully permitted to exercise the
30privilege. Disclosure of this information shall not be considered
31discipline.

32(b) The administrative suspension order is immediately effective
33when mailed to the individual’s address of record or agent for
34notice and service as provided for in this article.

35(c) The administrative suspension order shall contain the
36following:

37(1) The reason for the suspension.

38(2) A statement that the individual has the right, within 30 days,
39to appeal the administrative suspension order and request a hearing.

P18   1(3) A statement that any appeal hearing will be conducted under
2the provisions of the Administrative Procedure Act (Chapter 3.5
3(commencing with Section 11340) of Part 1 of Division 3 of Title
42 of the Government Code) applicable to individuals who are
5denied licensure, including the filing of a statement of issues by
6the board setting forth the reasons for the administrative suspension
7of practice privileges and specifying the statutes and rules with
8which the individual must show compliance by producing proof
9at the hearing and in addition any particular matters that have come
10to the attention of the board and that would authorize the
11administrative suspension, or the revocation of practice privileges.

12(d) The burden is on the holder of the suspended practice
13privilege to establish both qualification and fitness to practice
14under practice privileges.

15(e) The administrative suspension shall continue in effect until
16terminated by an order of the board or the executive officer.

17(f) Administrative suspension is not discipline and shall not
18preclude any individual from applying for a license to practice
19public accountancy in this state.

20(g) Proceedings to appeal an administrative suspension order
21may be combined or coordinated with proceedings for revocation
22or discipline of a practice privilege.

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

24(i) This section shall remain in effect only until January 1, 2019,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2019, deletes or extends that date.

27

begin deleteSEC. 7.end delete
28begin insertSEC. 8.end insert  

Section 5096.4 of the Business and Professions Code,
29as added by Section 21 of Chapter 411 of the Statutes of 2012, is
30amended to read:

31

5096.4.  

(a) The right of an individual to practice in this state
32under a practice privilege may be administratively suspended at
33any time by an order issued by the board or its executive officer,
34without prior notice or hearing, for the purpose of conducting a
35disciplinary investigation, proceeding, or inquiry concerning the
36representations made in the notice, the individual’s competence
37or qualifications to practice under practice privileges, failure to
38timely respond to a board inquiry or request for information or
39documents, or under other conditions and circumstances provided
40for by board regulation.

P19   1(b) The administrative suspension order is immediately effective
2when mailed to the individual’s address of record or agent for
3notice and service as provided for in this article.

4(c) The administrative suspension order shall contain the
5following:

6(1) The reason for the suspension.

7(2) A statement that the individual has the right, within 30 days,
8to appeal the administrative suspension order and request a hearing.

9(3) A statement that any appeal hearing will be conducted under
10the Administrative Procedure Act (Chapter 3.5 (commencing with
11Section 11340) of Part 1 of Division 3 of Title 2 of the Government
12Code) applicable to individuals who are denied licensure, including
13the filing of a statement of issues by the board setting forth the
14 reasons for the administrative suspension of practice privileges
15and specifying the statutes and rules with which the individual
16must show compliance by producing proof at the hearing and in
17addition any particular matters that have come to the attention of
18the board and that would authorize the administrative suspension,
19or the denial of practice privileges.

20(d) The burden is on the holder of the suspended practice
21privilege to establish both qualification and fitness to practice
22under practice privileges.

23(e) The administrative suspension shall continue in effect until
24terminated by an order of the board or the executive officer or
25expiration of the practice privilege under administrative suspension.

26(f) Administrative suspension is not discipline and shall not
27preclude any individual from applying for a license to practice
28public accountancy in this state or from applying for a new practice
29privilege upon expiration of the one under administrative
30suspension, except that the new practice privilege shall not be
31effective until approved by the board.

32(g) Notwithstanding any administrative suspension, a practice
33privilege expires one year from the date of notice unless a shorter
34period is set by board regulation.

35(h) Proceedings to appeal an administrative suspension order
36may be combined or coordinated with proceedings for denial or
37discipline of a practice privilege.

38(i) This section shall become operative on January 1, 2019.

P20   1

begin deleteSEC. 8.end delete
2begin insertSEC. 9.end insert  

Section 6730.2 of the Business and Professions Code
3 is amended to read:

4

6730.2.  

(a) It is the intent of the Legislature that the registration
5requirements that are imposed upon private sector professional
6engineers and engineering partnerships, firms, or corporations
7shall be imposed upon the state and any city, county, or city and
8county that shall adhere to those requirements. Therefore, for the
9purposes of Section 6730 and this chapter, at least one registered
10engineer shall be designated the person in responsible charge of
11professional engineering work for each branch of professional
12engineering practiced in any department or agency of the state,
13city, county, or city and county.

14 (b) Any department or agency of the state or any city, county,
15or city and county that has an unregistered person in responsible
16charge of engineering work on January 1, 1985, shall be exempt
17from this requirement until that time as the person currently in
18responsible charge is replaced.

19(c) The designated person in responsible charge of professional
20engineering work of any department or agency of the state, city,
21county, city and county, district, or special district pursuant to this
22section is responsible for ensuring compliance with subdivisions
23(b) and (c) of Section 8771.

24

begin deleteSEC. 9.end delete
25begin insertSEC. 10.end insert  

Section 6735 of the Business and Professions Code
26 is amended to read:

27

6735.  

(a) All civil (including structural and geotechnical)
28engineering plans, calculations, specifications, and reports
29(hereinafter referred to as “documents”) shall be prepared by, or
30under the responsible charge of, a licensed civil engineer and shall
31include his or her name and license number. Interim documents
32shall include a notation as to the intended purpose of the document,
33such as “preliminary,” “not for construction,” “for plan check
34only,” or “for review only.” All civil engineering plans and
35specifications that are permitted or that are to be released for
36construction shall bear the signature and seal or stamp of the
37licensee and the date of signing and sealing or stamping. All final
38civil engineering calculations and reports shall bear the signature
39and seal or stamp of the licensee, and the date of signing and
40 sealing or stamping. If civil engineering plans are required to be
P21   1signed and sealed or stamped and have multiple sheets, the
2signature, seal or stamp, and date of signing and sealing or
3stamping shall appear on each sheet of the plans. If civil
4engineering specifications, calculations, and reports are required
5to be signed and sealed or stamped and have multiple pages, the
6signature, seal or stamp, and date of signing and sealing or
7stamping shall appear at a minimum on the title sheet, cover sheet,
8or signature sheet.

9(b) All civil engineering plans, calculations, specifications, and
10reports for the construction of the following structures shall be
11prepared by, or under the responsible charge of, a licensed civil
12engineer who is also licensed as a structural engineer in accordance
13with Section 6736:

14(1) Hospitals and other medical facilities having surgery and
15emergency treatment areas, as provided under Part 7 (commencing
16with Section 129675) of Division 107 of the Health and Safety
17Code.

18(2) All public school facilities, as provided under Chapter 3
19(commencing with Section 17251) of Part 10.5 of Division 1 of
20Title 1 of the Education Code.

21(c) Notwithstanding subdivision (a) or (b), a licensed civil
22engineer who signs civil engineering documents shall not be
23responsible for damage caused by subsequent changes to or uses
24of those documents, if the subsequent changes or uses, including
25changes or uses made by state or local governmental agencies, are
26not authorized or approved by the licensed civil engineer who
27originally signed the documents, provided that the engineering
28service rendered by the civil engineer who signed the documents
29was not also a proximate cause of the damage.

30

begin deleteSEC. 10.end delete
31begin insertSEC. 11.end insert  

Section 6759 of the Business and Professions Code
32 is amended to read:

33

6759.  

The board, upon application therefor, on its prescribed
34form, and the payment of the fee fixed by this chapter, may issue
35a certificate of registration as a professional engineer, without
36written examination, to any person holding a certificate of
37registration issued to him or her by any state or country when the
38applicant’s qualifications meet the requirements of this chapter
39and rules established by the board. The board shall not require a
40comity applicant to meet any requirement not required of California
P22   1applicants. For purposes of this section, equivalent second division
2examinations shall be written examinations prepared by or
3administered by a state or territory either by single or combined
4branch at the level generally administered by the board to persons
5who passed or were exempted from the first division examination.
6Applicants who have passed an equivalent second division
7combined branch or a single branch examination in a branch not
8recognized for registration in California shall be registered in the
9branch in which their experience and education indicate the closest
10relationship.

11

begin deleteSEC. 11.end delete
12begin insertSEC. 12.end insert  

Section 7011.4 of the Business and Professions Code
13 is amended to read:

14

7011.4.  

(a) Notwithstanding Section 7011, there is in the
15Contractors’ State License Board, a separate enforcement division
16that shall rigorously enforce this chapter prohibiting all forms of
17unlicensed activity.

18(b) Persons employed as enforcement representatives of the
19Contractors’ State License Board and designated by the Director
20of Consumer Affairs shall have the authority to issue a written
21notice to appear in court pursuant to Chapter 5c (commencing with
22Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee
23so designated is not a peace officer and is not entitled to safety
24member retirement benefits as a result of that designation. He or
25she does not have the power of arrest.

begin delete
26

SEC. 12.  

Section 7685 of the Business and Professions Code
27 is amended to read:

28

7685.  

(a) (1) Every funeral director shall provide to any
29person, upon beginning discussion of prices or of the funeral goods
30and services offered, a written or printed list containing, but not
31necessarily limited to, the price for professional services offered,
32which may include the funeral director’s services, the preparation
33of the body, the use of facilities, and the use of automotive
34equipment. All services included in this price or prices shall be
35enumerated. The funeral director shall also provide a statement on
36that list that gives the price range for all caskets offered for sale.

37(2) The list shall also include a statement indicating that the
38survivor of the deceased who is handling the funeral arrangements,
39or the responsible party, is entitled to receive, prior to the drafting
40of any contract, a copy of any preneed agreement that has been
P23   1signed and paid for, in full or in part, by or on behalf of the
2deceased, and that is in the possession of the funeral establishment.

3(3) The funeral director shall also provide a written statement
4or list that, at a minimum, specifically identifies a particular casket
5or caskets by price and by thickness of metal, or type of wood, or
6other construction, interior and color, in addition to other casket
7identification requirements under Part 453 of Title 16 of the Code
8of Federal Regulations and any subsequent version of this
9regulation, when a request for specific information on a casket or
10caskets is made in person by any individual. Prices of caskets and
11other identifying features such as thickness of metal, or type of
12wood, or other construction, interior and color, in addition to other
13casket identification requirements required to be given over the
14telephone by Part 453 of Title 16 of the Code of Federal
15Regulations and any subsequent version of this regulation, shall
16be provided over the telephone, if requested.

17(b) (1) Each licensed funeral establishment that maintains an
18Internet Web site shall post on its Internet Web site the list of
19funeral goods and services that are required to be included in the
20establishment’s general price list, pursuant to federal rule, and a
21statement that the general price list is available upon request.

22(2) Information posted pursuant to paragraph (1) shall be
23provided by a link from the home page of the Internet Web site
24using the words “price information” or a similar phrase that
25 includes the word “price.”

26(3) An establishment that posts on its Internet Web site home
27page the words “price information” or a similar phrase that includes
28the word “price,” with a link that leads to the establishment’s
29general price list, need not comply with paragraph (1) or (2).

30(4) Nothing in this subdivision shall be construed to affect an
31establishment’s obligations under federal or state law effective
32prior to January 1, 2013.

end delete
33

SEC. 13.  

Section 7842 of the Business and Professions Code
34 is amended to read:

35

7842.  

An applicant for certification in a specialty in geology
36shall meet all of the requirements of Section 7841 and, in addition,
37his or her seven years of professional geological work shall include
38one of the following:

39(a) A minimum of three years performed under the supervision
40of a geologist certified in the specialty for which the applicant is
P24   1seeking certification or under the supervision of a registered civil
2engineer if the applicant is seeking certification as an engineering
3geologist, except that prior to July 1, 1970, professional geological
4work shall qualify under this subdivision if it is performed under
5the supervision of a geologist qualified in the specialty for which
6the applicant is seeking certification or under the supervision of a
7registered civil engineer if the applicant is seeking certification as
8an engineering geologist.

9(b) A minimum of five years’ experience in responsible charge
10of professional geological work in the specialty for which the
11 applicant is seeking certification.

12

SEC. 14.  

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

14

7860.  

(a) The board may, upon its own initiative or upon the
15receipt of a complaint, investigate the actions of any professional
16geologist or geophysicist, and make findings thereon.

17(b) By a majority vote, the board may publicly reprove, suspend
18for a period not to exceed two years, or revoke the certificate of
19any geologist or geophysicist registered hereunder, on any of the
20following grounds:

21(1) Conviction of a crime substantially related to the
22qualifications, functions, or duties of a geologist or geophysicist.

23(2) Misrepresentation, fraud, or deceit by a geologist or
24 geophysicist in his or her practice.

25(3) Negligence or incompetence by a geologist or geophysicist
26in his or her practice.

27(4) Violation of any contract undertaken in the capacity of a
28geologist or geophysicist.

29(5) Fraud or deceit in obtaining a certificate to practice as a
30geologist or geophysicist.

31(c) By a majority vote, the board may publicly reprove, suspend
32for a period not to exceed two years, or may revoke the certificate
33of any geologist or geophysicist registered under this chapter, for
34unprofessional conduct. Unprofessional conduct includes, but is
35not limited to, any of the following:

36(1) Aiding or abetting any person in a violation of this chapter
37or any regulation adopted by the board pursuant to this chapter.

38(2) Violating this chapter or any regulation adopted by the board
39pursuant to this chapter.

P25   1(3) Conduct in the course of practice as a geologist or
2geophysicist that violates professional standards adopted by the
3board.

4

SEC. 15.  

Section 7864 is added to the Business and Professions
5Code
, to read:

6

7864.  

(a) A petitioner may petition the board for reinstatement
7or modification of penalty, including reduction, modification, or
8termination of probation, after the following minimum periods
9have elapsed from the effective date of the decision ordering the
10disciplinary action, or if the order of the board or any portion of
11it is stayed by a court, from the date the disciplinary action is
12actually implemented in its entirety:

13(1) Except as otherwise provided in this section, at least three
14years for reinstatement of a certificate that was revoked or
15surrendered. However, the board may, in its sole discretion, specify
16in its order of revocation or surrender a lesser period of time that
17shall be at a minimum of one year.

18(2) At least two years for early termination of a probation period
19of three years or more.

20(3) At least one year for early termination of a probation period
21of less than three years.

22(4) At least one year for reduction or modification of a condition
23of probation.

24(b) The board shall notify the Attorney General of the filing of
25the petition. The petitioner and the Attorney General shall be given
26timely notice by letter of the time and place of the hearing on the
27petition, and the petitioner and the Attorney General shall be given
28the opportunity to present both oral and documentary evidence
29and argument to the board. The petitioner shall at all times have
30the burden of proof to establish by clear and convincing evidence
31that he or she is entitled to the relief sought in the petition.

32(c) The board itself or an administrative law judge, if one is
33designated by the board, shall hear the petition and shall prepare
34a written decision setting forth the reasons supporting the decision.

35(d) The board may grant or deny the petition or may impose
36any terms and conditions that it reasonably deems appropriate as
37a condition of reinstatement or reduction or modification of the
38penalty.

39(e) A petition shall not be considered while the petitioner is
40under sentence for any criminal offense, including any period
P26   1during which the petitioner is on court-imposed probation or parole.
2A petition shall not be considered while there is an accusation or
3petition to revoke probation pending against the petitioner.

4(f) The board may, in its discretion, deny without hearing or
5argument any petition that is filed pursuant to this section within
6a period of two years from the effective date of a prior decision
7following a hearing under this section.

8(g) Judicial review of the board’s decision following a hearing
9under this section may be sought by way of a petition for writ of
10administrative mandamus pursuant to Section 1094.5 of the Code
11of Civil Procedure. The party seeking to overturn the board’s
12decision shall have the burden of proof in any mandamus
13proceeding. In the mandamus proceeding, if it is alleged that there
14has been an abuse of discretion because the board’s findings are
15not supported by the evidence, abuse of discretion is established
16if the court determines that the findings are not supported by
17substantial evidence in light of the whole record.

18(h) The following definitions shall apply for purposes of this
19section:

20(1) “Certificate” includes a certificate of registration or license
21as a professional geologist or professional geophysicist or
22certification as a geologist-in-training.

23(2) “Petitioner” means a professional geologist or professional
24geophysicist or a geologist-in-training whose certificate has been
25revoked, suspended, or surrendered or placed on probation.

26

SEC. 16.  

Section 8725.1 is added to the Business and
27Professions Code
, to read:

28

8725.1.  

It is the intent of the Legislature that the registration
29requirements that are imposed upon private sector professional
30land surveyors and land surveying partnerships, firms, or
31corporations shall be imposed upon the state and any city, county,
32and city and county that shall adhere to those requirements.
33Therefore, for the purposes of Section 8725 and this chapter, at
34least one person authorized to practice land surveying shall be
35designated the person in responsible charge of professional land
36surveying work practiced in any department or agency of the state,
37city, county, city and county, district, or special district.

38

SEC. 17.  

Section 8771 of the Business and Professions Code
39 is amended to read:

P27   1

8771.  

(a) Monuments set shall be sufficient in number and
2durability and efficiently placed so as not to be readily disturbed,
3to assure, together with monuments already existing, the
4perpetuation or facile reestablishment of any point or line of the
5survey.

6(b) When monuments exist that control the location of
7subdivisions, tracts, boundaries, roads, streets, or highways, or
8provide horizontal or vertical survey control, the monuments shall
9be located and referenced by or under the direction of a licensed
10land surveyor or registered civil engineer prior to the time when
11any streets, highways, other rights-of-way, or easements are
12improved, constructed, reconstructed, maintained, resurfaced, or
13relocated, and a corner record or record of survey of the references
14shall be filed with the county surveyor.

15(c) A permanent monument shall be reset in the surface of the
16new construction or a witness monument or monuments set to
17perpetuate the location if any monument could be destroyed,
18damaged, covered, disturbed, or otherwise obliterated, and a corner
19record or record of survey shall be filed with the county surveyor
20prior to the recording of a certificate of completion for the project.
21Sufficient controlling monuments shall be retained or replaced in
22their original positions to enable property, right-of-way and
23easement lines, property corners, and subdivision and tract
24boundaries to be reestablished without devious surveys necessarily
25originating on monuments differing from those that currently
26control the area.

27(d) The governmental agency performing or permitting
28construction or maintenance work is responsible for ensuring that
29either the governmental agency or landowner performing the
30construction or maintenance work provides for monument
31 perpetuation required by this section.

32(e) It shall be the duty of every land surveyor or civil engineer
33to assist the governmental agency in matters of maps, field notes,
34and other pertinent records. Monuments set to mark the limiting
35lines of highways, roads, streets or right-of-way or easement lines
36shall not be deemed adequate for this purpose, unless specifically
37noted on the corner record or record of survey of the improvement
38works with direct ties in bearing or azimuth and distance between
39these and other monuments of record.

P28   1(f) The decision to file either the required corner record or a
2record of survey pursuant to subdivision (b) or (c) shall be at the
3election of the licensed land surveyor or registered civil engineer
4submitting the document.

5

SEC. 18.  

Section 17901 of the Business and Professions Code
6 is amended to read:

7

17901.  

As used in this chapter, “general partner” means:

8(a) In the case of a partnership, a general partner, as defined in
9Section 15901.02 of the Corporations Code.

10(b) In the case of an unincorporated association other than a
11partnership, a person interested in the business of the association
12whose liability with respect to the association is substantially the
13same as that of a general partner, as defined in Section 15901.02
14of the Corporations Code.

15

SEC. 19.  

Section 17913 of the Business and Professions Code
16 is amended to read:

17

17913.  

(a) The fictitious business name statement shall contain
18all of the information required by this subdivision and shall be
19substantially in the following form:


20

 

FICTITIOUS BUSINESS NAME STATEMENT

The following person (persons) is (are) doing business as

*   

at **    :

***   

   

   

   

This business is conducted by ****   

 The registrant commenced to transact business under the fictitious business name or names listed above on

*****

   

 I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).)

Registrant signature

   

Statement filed with the County Clerk of ____ County on    

P28  40

 

P29   1NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF
2SECTION 17920, A FICTITIOUS NAME STATEMENT
3GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM
4THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF
5THE COUNTY CLERK, EXCEPT, AS PROVIDED IN
6SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES
740 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH
8IN THE STATEMENT PURSUANT TO SECTION 17913
9OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS
10OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
11NAME STATEMENT MUST BE FILED BEFORE THE
12EXPIRATION.

13THE FILING OF THIS STATEMENT DOES NOT OF ITSELF
14AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS
15BUSINESS NAME IN VIOLATION OF THE RIGHTS OF
16ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW
17(SEE SECTION 14411 ET SEQ., BUSINESS AND
18PROFESSIONS CODE).


20(b) The fictitious business name statement shall contain the
21 following information set forth in the manner indicated in the form
22provided by subdivision (a):

23(1) Where the asterisk (*) appears in the form, insert the
24fictitious business name or names. Only those businesses operated
25at the same address and under the same ownership may be listed
26on one fictitious business name statement.

27(2) Where the two asterisks (**) appear in the form: If the
28registrant has a place of business in this state, insert the street
29address, and county, of his or her principal place of business in
30this state. If the registrant has no place of business in this state,
31insert the street address, and county, of his or her principal place
32of business outside this state.

33(3) Where the three asterisks (***) appear in the form: If the
34registrant is an individual, insert his or her full name and residence
35address. If the registrants are a married couple, insert the full name
36and residence address of both parties to the marriage. If the
37registrant is a general partnership, copartnership, joint venture, or
38limited liability partnership, insert the full name and residence
39address of each general partner. If the registrant is a limited
40partnership, insert the full name and residence address of each
P30   1general partner. If the registrant is a limited liability company,
2insert the name and address of the limited liability company, as
3set out in its articles of organization on file with the California
4Secretary of State, and the state of organization. If the registrant
5is a trust, insert the full name and residence address of each trustee.
6If the registrant is a corporation, insert the name and address of
7the corporation, as set out in its articles of incorporation on file
8with the California Secretary of State, and the state of
9incorporation. If the registrants are state or local registered
10domestic partners, insert the full name and residence address of
11each domestic partner. If the registrant is an unincorporated
12association other than a partnership, insert the name of each person
13who is interested in the business of the association and whose
14liability with respect to the association is substantially the same
15as that of a general partner.

16(4) Where the four asterisks (****) appear in the form, insert
17whichever of the following best describes the nature of the
18business: (i) “an individual,” (ii) “a general partnership,” (iii) “a
19limited partnership,” (iv) “a limited liability company,” (v) “an
20unincorporated association other than a partnership,” (vi) “a
21corporation,” (vii) “a trust,” (viii) “copartners,” (ix) “ a married
22couple,” (x) “joint venture,” (xi) “state or local registered domestic
23partners,” or (xii) “a limited liability partnership.”

24(5) Where the five asterisks (*****) appear in the form, insert
25 the date on which the registrant first commenced to transact
26business under the fictitious business name or names listed, if
27already transacting business under that name or names. If the
28registrant has not yet commenced to transact business under the
29fictitious business name or names listed, insert the statement, “Not
30applicable.”

31(c) The registrant shall declare that all of the information in the
32fictitious business statement is true and correct. A registrant who
33declares as true any material matter pursuant to this section that
34the registrant knows to be false is guilty of a misdemeanor
35punishable by a fine not to exceed one thousand dollars ($1,000).

36(d) (1) At the time of filing of the fictitious business name
37statement, the registrant filing on behalf of the registrant shall
38present personal identification in the form of a California driver’s
39license or other government identification acceptable to the county
40clerk to adequately determine the identity of the registrant filing
P31   1on behalf of the registrant as provided in subdivision (e) and the
2county clerk may require the registrant to complete and sign an
3affidavit of identity.

4(2) In the case of a registrant utilizing an agent for submission
5of the registrant’s fictitious business name statement for filing, at
6the time of filing of the fictitious business name statement, the
7agent filing on behalf of the registrant shall present personal
8identification in the form of a California driver’s license or other
9government identification acceptable to the county clerk to
10adequately determine the identity of the agent filing on behalf of
11the registrant as provided in subdivision (e). The county clerk may
12also require the agent to submit a notarized statement signed by
13the registrant declaring the registrant has authorized the agent to
14submit the filing on behalf of the registrant.

15(e) If the registrant is a corporation, a limited liability company,
16a limited partnership, or a limited liability partnership, the county
17clerk may require documentary evidence issued by the Secretary
18of State and deemed acceptable by the county clerk, indicating the
19current existence and good standing of that business entity to be
20attached to a completed and notarized affidavit of identity, for
21purposes of subdivision (d).

22(f) The county clerk may require a registrant that mails a
23fictitious business name statement to a county clerk’s office for
24filing to submit a completed and notarized affidavit of identity. A
25registrant that is a corporation, limited liability company, limited
26partnership, or limited liability partnership, if required by the
27county clerk to submit an affidavit of identity, shall also submit
28documentary evidence issued by the Secretary of State indicating
29the current existence and good standing of that business entity.

30(g) A county clerk that chooses to establish procedures pursuant
31to this section shall prescribe the form of affidavit of identity for
32filing by a registrant in that county.

33

SEC. 20.  

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

35

17914.  

The fictitious business name statement shall be signed
36as follows:

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

38(b) If the registrants are a married couple, by either party to the
39marriage.

P32   1(c) If the registrant is a general partnership, limited partnership,
2limited liability partnership, copartnership, joint venture, or
3unincorporated association other than a partnership, by a general
4partner.

5(d) If the registrant is a limited liability company, by a manager
6or officer.

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

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

9(g) If the registrant is a state or local registered domestic
10partnership, by one of the domestic partners.

11

SEC. 21.  

Section 17916 of the Business and Professions Code
12 is amended to read:

13

17916.  

Presentation for filing of an original fictitious business
14name statement and one copy of the statement, with proper
15identification, accompanied by a completed and notarized affidavit
16of identity, if required by the county clerk, and other documents
17required in accordance with Section 17913, payment of the filing
18fee, and acceptance of the statement by the county clerk constitute
19filing under this chapter. The county clerk shall note on the copy
20the file number, the date of filing the original, and the date of
21expiration and shall certify and deliver the copy to the registrant
22or the registrant’s agent.

23

SEC. 22.  

Section 22454 of the Business and Professions Code
24 is amended to read:

25

22454.  

(a) At least one person involved in the management
26of a professional photocopier shall be required to hold a current
27commission from the Secretary of State as a notary public in this
28state. If the notary commission is held by someone other than the
29registrant, written confirmation from the notary authorizing the
30use of their commission for this registration is required.

31(b) The notary commission shall remain valid during the
32two-year period that the professional photocopier’s certificate of
33registration is effective. The registrant shall notify the county clerk
34and provide an updated valid notary commission if the commission
35expires prior to the expiration of the certificate of registration.

36

SEC. 23.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution for certain
38costs that may be incurred by a local agency or school district
39because, in that regard, this act creates a new crime or infraction,
40eliminates a crime or infraction, or changes the penalty for a crime
P33   1or infraction, within the meaning of Section 17556 of the
2Government Code, or changes the definition of a crime within the
3meaning of Section 6 of Article XIII B of the California
4Constitution.

5However, if the Commission on State Mandates determines that
6this act contains other costs mandated by the state, reimbursement
7to local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



O

    96