Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Senate June 30, 2015

Amended in Assembly April 23, 2015

Amended in Assembly March 3, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 177


Introduced by Assembly Member Bonilla

(Principal Coauthor: Senator Hill)

January 26, 2015


An act to amend Sections 207, 5510, 5517, 5620, 5621, 5622, 6710, 6714, 6749, 7839.2, 7841, 7841.1, 7841.2, 8710, and 8759 of, to amend and repeal Section 7885 of, to amend, repeal, and add Sections 205, 6797, 7886, and 8800 of, to add Section 5550.2 to, and to add and repeal Sections 6775.2, 7860.2, and 8780.2 of, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 177, as amended, Bonilla. Professions and vocations: licensing boards.

(1) The Professional Engineers Act provides for the licensure and regulation of engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the board to appoint an executive officer. Existing law repeals the board and the executive officer position on January 1, 2016.

This bill would extend the operation of these provisions to January 1, 2020. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.

(2) Existing law, the Architects Practice Act, provides for the licensure and regulation of architects and landscape architects by the California Architects Board and authorizes the board to appoint an executive officer. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architect’s license. Existing law repeals the board, the executive officer position, and the committee on January 1, 2016. Existing law requires a person to pass an examination as a condition of licensure as an architect and authorizes a person to take the examination if he or she meets certain examination eligibility requirements.

This bill would extend the operation of those provisions to January 1, 2020. The bill would also authorize the board to grant eligibility to a candidate to take the licensure examination if he or she is enrolled in an Additional Path to Architecture Licensing program, as specified.

(3) The Professional Land Surveyors’ Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is vested with the power to administer the act until January 1, 2016.

This bill would extend that power to January 1, 2020. The bill, until January 1, 2020, would also add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.

(4) The Geologist and Geophysicist Act provides for the registration and regulation of professional geologists and professional geophysicists and the certification of applicants in a specialty in geology and geologists-in-training by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires an applicant for registration as a geologist to meet certain requirements, including, among others, that he or she has graduated with a major in geological sciences from college or university, and requires an applicant for registration as a geophysicist to meet certain requirements, including, among others, that he or she has completed a combination of at least 30 semester hours in courses, as specified. The act requires an applicant for certification as a geologist-in-training to comply with certain requirements, including, among others, that the applicant successfully pass the Fundamentals of Geology examination.

This bill would provide for licensure instead of registration under the act. The bill would also allow an applicant for licensure as a geologist to have graduated from a college or university with a major in a discipline other than geological sciences that, in the opinion of the board, is relevant to geology. The bill would also allow an applicant for licensure as a geophysicist to have completed at least the equivalent of 30 semester hours in courses, as specified. The bill would require an applicant for certification as a geologist-in-training to have graduated from a college or university with a major in geological sciences or any other discipline relevant to geology, as specified. The bill, until January 1, 2020, would add as a cause for disciplinary action by the board, as specified, if a licensee or certificate holder under the act fails or refuses to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder.

(5) Under existing law, there is the Professions and Vocations Fund in the State Treasury, which consists of certain special funds and accounts, including the Professional Engineer’s and Land Surveyor’s Fund and the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund. Under existing law the moneys in the Geology and Geophysics Account are continuously appropriated to carry out the purposes of the Geologist and Geophysicist Act, the moneys in the Professional Engineers’s and Land Surveyor’s Fund are continuously appropriated for the purposes of the Professional Engineers Act and the Professional Land Surveyors’ Act, and the moneys in those funds that are attributable to administrative fines, civil penalties, and criminal penalties, as specified, are not continuously appropriated and are only available for expenditure upon appropriation by the Legislature.

This bill, beginning July 1, 2016, would abolish the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund and would rename the Professional Engineer’s and Land Surveyor’s Fund as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. The bill would direct those moneys collected under the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act to be deposited into the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund, a continuously appropriated fund. Because additional moneys, except for fine and penalty money, would be deposited into a continuously appropriated fund, the bill would make an appropriation.

begin insert

(6) This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 179 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.

end insert

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

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

P4    1

SECTION 1.  

Section 205 of the Business and Professions Code
2 is amended to read:

3

205.  

(a) There is in the State Treasury the Professions and
4Vocations Fund. The fund shall consist of the following special
5funds:

6(1) Accountancy Fund.

7(2) California Architects Board Fund.

8(3) Athletic Commission Fund.

9(4) Barbering and Cosmetology Contingent Fund.

10(5) Cemetery Fund.

11(6) Contractors’ License Fund.

12(7) State Dentistry Fund.

13(8) State Funeral Directors and Embalmers Fund.

14(9) Guide Dogs for the Blind Fund.

15(10) Home Furnishings and Thermal Insulation Fund.

16(11) California Architects Board-Landscape Architects Fund.

17(12) Contingent Fund of the Medical Board of California.

18(13) Optometry Fund.

19(14) Pharmacy Board Contingent Fund.

20(15) Physical Therapy Fund.

21(16) Private Investigator Fund.

22(17) Professional Engineer’s and Land Surveyor’s Fund.

23(18) Consumer Affairs Fund.

24(19) Behavioral Sciences Fund.

25(20) Licensed Midwifery Fund.

P5    1(21) Court Reporters’ Fund.

2(22) Veterinary Medical Board Contingent Fund.

3(23) Vocational Nurses Account of the Vocational Nursing and
4Psychiatric Technicians Fund.

5(24) Electronic and Appliance Repair Fund.

6(25) Geology and Geophysics Account of the Professional
7Engineer’s and Land Surveyor’s Fund.

8(26) Dispensing Opticians Fund.

9(27) Acupuncture Fund.

10(28) Physician Assistant Fund.

11(29) Board of Podiatric Medicine Fund.

12(30) Psychology Fund.

13(31) Respiratory Care Fund.

14(32) Speech-Language Pathology and Audiology and Hearing
15Aid Dispensers Fund.

16(33) Board of Registered Nursing Fund.

17(34) Psychiatric Technician Examiners Account of the
18Vocational Nursing and Psychiatric Technicians Fund.

19(35) Animal Health Technician Examining Committee Fund.

20(36) State Dental Hygiene Fund.

21(37) State Dental Assistant Fund.

22(38) Structural Pest Control Fund.

23(39) Structural Pest Control Eradication and Enforcement Fund.

24(40) Structural Pest Control Research Fund.

25(b) For accounting and recordkeeping purposes, the Professions
26and Vocations Fund shall be deemed to be a single special fund,
27and each of the several special funds therein shall constitute and
28be deemed to be a separate account in the Professions and
29Vocations Fund. Each account or fund shall be available for
30expenditure only for the purposes as are now or may hereafter be
31provided by law.

32(c) This section shall remain in effect only until July 1, 2016,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before July 1, 2016, deletes or extends that date.

35

SEC. 2.  

Section 205 is added to the Business and Professions
36Code
, to read:

37

205.  

(a) There is in the State Treasury the Professions and
38Vocations Fund. The fund shall consist of the following special
39funds:

40(1) Accountancy Fund.

P6    1(2) California Architects Board Fund.

2(3) Athletic Commission Fund.

3(4) Barbering and Cosmetology Contingent Fund.

4(5) Cemetery Fund.

5(6) Contractors’ License Fund.

6(7) State Dentistry Fund.

7(8) State Funeral Directors and Embalmers Fund.

8(9) Guide Dogs for the Blind Fund.

9(10) Home Furnishings and Thermal Insulation Fund.

10(11) California Architects Board-Landscape Architects Fund.

11(12) Contingent Fund of the Medical Board of California.

12(13) Optometry Fund.

13(14) Pharmacy Board Contingent Fund.

14(15) Physical Therapy Fund.

15(16) Private Investigator Fund.

16(17) Professional Engineer’s, Land Surveyor’s, and Geologist’s
17Fund.

18(18) Consumer Affairs Fund.

19(19) Behavioral Sciences Fund.

20(20) Licensed Midwifery Fund.

21(21) Court Reporters’ Fund.

22(22) Veterinary Medical Board Contingent Fund.

23(23) Vocational Nurses Account of the Vocational Nursing and
24Psychiatric Technicians Fund.

25(24) Electronic and Appliance Repair Fund.

26(25) Dispensing Opticians Fund.

27(26) Acupuncture Fund.

28(27) Physician Assistant Fund.

29(28) Board of Podiatric Medicine Fund.

30(29) Psychology Fund.

31(30) Respiratory Care Fund.

32(31) Speech-Language Pathology and Audiology and Hearing
33Aid Dispensers Fund.

34(32) Board of Registered Nursing Fund.

35(33) Psychiatric Technician Examiners Account of the
36Vocational Nursing and Psychiatric Technicians Fund.

37(34) Animal Health Technician Examining Committee Fund.

38(35) State Dental Hygiene Fund.

39(36) State Dental Assistant Fund.

40(37) Structural Pest Control Fund.

P7    1(38) Structural Pest Control Eradication and Enforcement Fund.

2(39) Structural Pest Control Research Fund.

3(b) For accounting and recordkeeping purposes, the Professions
4and Vocations Fund shall be deemed to be a single special fund,
5and each of the several special funds therein shall constitute and
6be deemed to be a separate account in the Professions and
7Vocations Fund. Each account or fund shall be available for
8expenditure only for the purposes as are now or may hereafter be
9provided by law.

10(c) This section shall become operative on July 1, 2016.

11begin insert

begin insertSEC. 2.1.end insert  

end insert

begin insertSection 205 is added to the end insertbegin insertBusiness and Professions
12Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert205.end insert  

(a) There is in the State Treasury the Professions and
14Vocations Fund. The fund shall consist of the following special
15funds:

16(1) Accountancy Fund.

17(2) California Architects Board Fund.

18(3) Athletic Commission Fund.

19(4) Barbering and Cosmetology Contingent Fund.

20(5) Cemetery Fund.

21(6) Contractors’ License Fund.

22(7) State Dentistry Fund.

23(8) State Funeral Directors and Embalmers Fund.

24(9) Guide Dogs for the Blind Fund.

25(10) Home Furnishings and Thermal Insulation Fund.

26(11) California Architects Board-Landscape Architects Fund.

27(12) Contingent Fund of the Medical Board of California.

28(13) Optometry Fund.

29(14) Pharmacy Board Contingent Fund.

30(15) Physical Therapy Fund.

31(16) Private Investigator Fund.

32(17) Professional Engineer’s, Land Surveyor’s, and Geologist’s
33Fund.

34(18) Consumer Affairs Fund.

35(19) Behavioral Sciences Fund.

36(20) Licensed Midwifery Fund.

37(21) Court Reporters’ Fund.

38(22) Veterinary Medical Board Contingent Fund.

39(23) Vocational Nursing and Psychiatric Technicians Fund.

40(24) Electronic and Appliance Repair Fund.

P8    1(25) Dispensing Opticians Fund.

2(26) Acupuncture Fund.

3(27) Physician Assistant Fund.

4(28) Board of Podiatric Medicine Fund.

5(29) Psychology Fund.

6(30) Respiratory Care Fund.

7(31) Speech-Language Pathology and Audiology and Hearing
8Aid Dispensers Fund.

9(32) Board of Registered Nursing Fund.

10(33) Animal Health Technician Examining Committee Fund.

11(34) State Dental Hygiene Fund.

12(35) State Dental Assistant Fund.

13(36) Structural Pest Control Fund.

14(37) Structural Pest Control Eradication and Enforcement Fund.

15(38) Structural Pest Control Research Fund.

16(b) For accounting and recordkeeping purposes, the Professions
17and Vocations Fund shall be deemed to be a single special fund,
18and each of the several special funds therein shall constitute and
19be deemed to be a separate account in the Professions and
20Vocations Fund. Each account or fund shall be available for
21expenditure only for the purposes as are now or may hereafter be
22provided by law.

23(c) This section shall become operative on July 1, 2016.

end insert
24begin insert

begin insertSEC. 2.2.end insert  

end insert

begin insertSection 205 is added to the end insertbegin insertBusiness and Professions
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert205.end insert  

(a) There is in the State Treasury the Professions and
27Vocations Fund. The fund shall consist of the following special
28funds:

29(1) Accountancy Fund.

30(2) California Architects Board Fund.

31(3) Athletic Commission Fund.

32(4) Barbering and Cosmetology Contingent Fund.

33(5) Cemetery and Funeral Fund.

34(6) Contractors’ License Fund.

35(7) State Dentistry Fund.

36(8) Guide Dogs for the Blind Fund.

37(9) Home Furnishings and Thermal Insulation Fund.

38(10) California Architects Board-Landscape Architects Fund.

39(11) Contingent Fund of the Medical Board of California.

40(12) Optometry Fund.

P9    1(13) Pharmacy Board Contingent Fund.

2(14) Physical Therapy Fund.

3(15) Private Investigator Fund.

4(16) Professional Engineer’s, Land Surveyor’s, and Geologist’s
5Fund.

6(17) Consumer Affairs Fund.

7(18) Behavioral Sciences Fund.

8(19) Licensed Midwifery Fund.

9(20) Court Reporters’ Fund.

10(21) Veterinary Medical Board Contingent Fund.

11(22) Vocational Nurses Account of the Vocational Nursing and
12Psychiatric Technicians Fund.

13(23) Electronic and Appliance Repair Fund.

14(24) Dispensing Opticians Fund.

15(25) Acupuncture Fund.

16(26) Physician Assistant Fund.

17(27) Board of Podiatric Medicine Fund.

18(28) Psychology Fund.

19(29) Respiratory Care Fund.

20(30) Speech-Language Pathology and Audiology and Hearing
21Aid Dispensers Fund.

22(31) Board of Registered Nursing Fund.

23(32) Psychiatric Technician Examiners Account of the
24Vocational Nursing and Psychiatric Technicians Fund.

25(33) Animal Health Technician Examining Committee Fund.

26(34) State Dental Hygiene Fund.

27(35) State Dental Assistant Fund.

28(36) Structural Pest Control Fund.

29(37) Structural Pest Control Eradication and Enforcement Fund.

30(38) Structural Pest Control Research Fund.

31(b) For accounting and recordkeeping purposes, the Professions
32and Vocations Fund shall be deemed to be a single special fund,
33and each of the several special funds therein shall constitute and
34be deemed to be a separate account in the Professions and
35Vocations Fund. Each account or fund shall be available for
36expenditure only for the purposes as are now or may hereafter be
37provided by law.

38(c) This section shall become operative on July 1, 2016.

end insert
39begin insert

begin insertSEC. 2.3.end insert  

end insert

begin insertSection 205 is added to the end insertbegin insertBusiness and Professions
40Code
end insert
begin insert, to read:end insert

begin insert
P10   1

begin insert205.end insert  

(a) There is in the State Treasury the Professions and
2Vocations Fund. The fund shall consist of the following special
3funds:

4(1) Accountancy Fund.

5(2) California Architects Board Fund.

6(3) Athletic Commission Fund.

7(4) Barbering and Cosmetology Contingent Fund.

8(5) Cemetery and Funeral Fund.

9(6) Contractors’ License Fund.

10(7) State Dentistry Fund.

11(8) Guide Dogs for the Blind Fund.

12(9) Home Furnishings and Thermal Insulation Fund.

13(10) California Architects Board-Landscape Architects Fund.

14(11) Contingent Fund of the Medical Board of California.

15(12) Optometry Fund.

16(13) Pharmacy Board Contingent Fund.

17(14) Physical Therapy Fund.

18(15) Private Investigator Fund.

19(16) Professional Engineer’s, Land Surveyor’s, and Geologist’s
20Fund.

21(17) Consumer Affairs Fund.

22(18) Behavioral Sciences Fund.

23(19) Licensed Midwifery Fund.

24(20) Court Reporters’ Fund.

25(21) Veterinary Medical Board Contingent Fund.

26(22) Vocational Nursing and Psychiatric Technicians Fund.

27(23) Electronic and Appliance Repair Fund.

28(24) Dispensing Opticians Fund.

29(25) Acupuncture Fund.

30(26) Physician Assistant Fund.

31(27) Board of Podiatric Medicine Fund.

32(28) Psychology Fund.

33(29) Respiratory Care Fund.

34(30) Speech-Language Pathology and Audiology and Hearing
35Aid Dispensers Fund.

36(31) Board of Registered Nursing Fund.

37(32) Animal Health Technician Examining Committee Fund.

38(33) State Dental Hygiene Fund.

39(34) State Dental Assistant Fund.

40(35) Structural Pest Control Fund.

P11   1(36) Structural Pest Control Eradication and Enforcement Fund.

2(37) Structural Pest Control Research Fund.

3(b) For accounting and recordkeeping purposes, the Professions
4and Vocations Fund shall be deemed to be a single special fund,
5and each of the several special funds therein shall constitute and
6be deemed to be a separate account in the Professions and
7Vocations Fund. Each account or fund shall be available for
8expenditure only for the purposes as are now or may hereafter be
9provided by law.

10(c) This section shall become operative on July 1, 2016.

end insert
11

SEC. 3.  

Section 207 of the Business and Professions Code is
12amended to read:

13

207.  

(a) Notwithstanding any other provision of law, the money
14in any fund described in Section 205 that is attributable to
15administrative fines, civil penalties, and criminal penalties imposed
16by a regulating entity, or cost recovery by a regulating entity from
17enforcement actions and case settlements, shall not be continuously
18appropriated. The money in each fund that is not continuously
19appropriated shall be available for expenditure as provided in this
20code only upon appropriation by the Legislature.

21(b) Notwithstanding any other provision of law, the annual
22Budget Act may appropriate, in a single budget item for each
23individual fund described in subdivision (a) of Section 205, the
24entire amount available for expenditure in the budget year for that
25fund. That appropriation may include funds that are continuously
26appropriated and funds that are not continuously appropriated.

27

SEC. 4.  

Section 5510 of the Business and Professions Code is
28amended to read:

29

5510.  

There is in the Department of Consumer Affairs a
30California Architects Board which consists of 10 members.

31Any reference in law to the California Board of Architectural
32Examiners shall mean the California Architects Board.

33This section shall remain in effect only until January 1, 2020,
34and as of that date is repealed. Notwithstanding any other law, the
35repeal of this section renders the board subject to review by the
36appropriate policy committees of the Legislature.

37

SEC. 5.  

Section 5517 of the Business and Professions Code is
38amended to read:

39

5517.  

The board may appoint a person exempt from civil
40service who shall be designated as an executive officer and who
P12   1shall exercise the powers and perform the duties delegated by the
2board and vested in him or her by this chapter.

3This section shall remain in effect only until January 1, 2020,
4and as of that date is repealed.

5

SEC. 6.  

Section 5550.2 is added to the Business and Professions
6Code
, to read:

7

5550.2.  

Notwithstanding subdivision (b) of Section 5552, the
8board may grant eligibility, based on an eligibility point determined
9by the Additional Path to Architectural Licensing Program, for a
10candidate to take the examination for a license to practice
11architecture if he or she is enrolled in an Additional Path to
12Architectural Licensing program that integrates the experience
13and examination components offered by a National Architectural
14Accrediting Board-accredited degree program.

15

SEC. 7.  

Section 5620 of the Business and Professions Code is
16amended to read:

17

5620.  

The duties, powers, purposes, responsibilities, and
18jurisdiction of the California State Board of Landscape Architects
19that were succeeded to and vested with the Department of
20Consumer Affairs in accordance with Chapter 908 of the Statutes
21of 1994 are hereby transferred to the California Architects Board.
22The Legislature finds that the purpose for the transfer of power is
23to promote and enhance the efficiency of state government and
24that assumption of the powers and duties by the California
25Architects Board shall not be viewed or construed as a precedent
26for the establishment of state regulation over a profession or
27vocation that was not previously regulated by a board, as defined
28in Section 477.

29(a) There is in the Department of Consumer Affairs a California
30Architects Board as defined in Article 2 (commencing with Section
315510) of Chapter 3 of Division 3.

32Whenever in this chapter “board” is used, it refers to the
33California Architects Board.

34(b) Except as provided herein, the board may delegate its
35authority under this chapter to the Landscape Architects Technical
36Committee.

37(c) After review of proposed regulations, the board may direct
38the examining committee to notice and conduct hearings to adopt,
39amend, or repeal regulations pursuant to Section 5630, provided
P13   1that the board itself shall take final action to adopt, amend, or
2repeal those regulations.

3(d) The board shall not delegate its authority to discipline a
4landscape architect or to take action against a person who has
5violated this chapter.

6(e) This section shall remain in effect only until January 1, 2020,
7and as of that date is repealed.

8

SEC. 8.  

Section 5621 of the Business and Professions Code is
9amended to read:

10

5621.  

(a) There is hereby created within the jurisdiction of the
11board, a Landscape Architects Technical Committee, hereinafter
12referred to in this chapter as the landscape architects committee.

13(b) The landscape architects committee shall consist of five
14members who shall be licensed to practice landscape architecture
15in this state. The Governor shall appoint three of the members.
16The Senate Committee on Rules and the Speaker of the Assembly
17shall appoint one member each.

18(c) The initial members to be appointed by the Governor are as
19follows: one member for a term of one year; one member for a
20term of two years; and one member for a term of three years. The
21Senate Committee on Rules and the Speaker of the Assembly shall
22initially each appoint one member for a term of four years.
23Thereafter, appointments shall be made for four-year terms,
24expiring on June 1 of the fourth year and until the appointment
25and qualification of his or her successor or until one year shall
26have elapsed, whichever first occurs. Vacancies shall be filled for
27the unexpired term.

28(d) No person shall serve as a member of the landscape
29architects committee for more than two consecutive terms.

30(e) This section shall remain in effect only until January 1, 2020,
31and as of that date is repealed.

32

SEC. 9.  

Section 5622 of the Business and Professions Code is
33amended to read:

34

5622.  

(a) The landscape architects committee may assist the
35board in the examination of candidates for a landscape architect’s
36license and, after investigation, evaluate and make
37recommendations regarding potential violations of this chapter.

38(b) The landscape architects committee may investigate, assist,
39and make recommendations to the board regarding the regulation
40of landscape architects in this state.

P14   1(c) The landscape architects committee may perform duties and
2functions that have been delegated to it by the board pursuant to
3Section 5620.

4(d) The landscape architects committee may send a
5representative to all meetings of the full board to report on the
6committee’s activities.

7(e) This section shall remain in effect only until January 1, 2020,
8and as of that date is repealed.

9

SEC. 10.  

Section 6710 of the Business and Professions Code
10 is amended to read:

11

6710.  

(a) There is in the Department of Consumer Affairs a
12Board for Professional Engineers, Land Surveyors, and Geologists,
13which consists of 15 members.

14(b) Any reference in any law or regulation to the Board of
15Registration for Professional Engineers and Land Surveyors, or
16the Board for Professional Engineers and Land Surveyors, is
17deemed to refer to the Board for Professional Engineers, Land
18Surveyors, and Geologists.

19(c) This section shall remain in effect only until January 1, 2020,
20and as of that date is repealed. Notwithstanding any other law, the
21repeal of this section renders the board subject to review by the
22appropriate policy committees of the Legislature.

23

SEC. 11.  

Section 6714 of the Business and Professions Code
24 is amended to read:

25

6714.  

The board shall appoint an executive officer at a salary
26to be fixed and determined by the board with the approval of the
27Director of Finance.

28This section shall remain in effect only until January 1, 2020,
29and as of that date is repealed.

30

SEC. 12.  

Section 6749 of the Business and Professions Code
31 is amended to read:

32

6749.  

(a) A professional engineer shall use a written contract
33when contracting to provide professional engineering services to
34a client pursuant to this chapter. The written contract shall be
35executed by the professional engineer and the client or the client’s
36representative prior to the professional engineer commencing work,
37unless the client knowingly states in writing that work may be
38commenced before the contract is executed. The written contract
39shall include, but not be limited to, all of the following:

P15   1(1) A description of the services to be provided to the client by
2the professional engineer.

3(2) A description of any basis of compensation applicable to
4the contract, and the method of payment agreed upon by the parties.

5(3) The name, address, and license or certificate number of the
6professional engineer, and the name and address of the client.

7(4) A description of the procedure that the professional engineer
8and the client will use to accommodate additional services.

9(5) A description of the procedure to be used by both parties to
10terminate the contract.

11(b) This section shall not apply to any of the following:

12(1) Professional engineering services rendered by a professional
13engineer for which the client will not pay compensation.

14(2) A professional engineer who has a current or prior
15contractual relationship with the client to provide engineering
16services, and that client has paid the professional engineer all of
17the fees that are due under the contract.

18(3) If the client knowingly states in writing after full disclosure
19of this section that a contract which complies with the requirements
20of this section is not required.

21(4) Professional engineering services rendered by a professional
22engineer to any of the following:

23(A) A professional engineer licensed or registered under this
24chapter.

25(B) A land surveyor licensed under Chapter 15 (commencing
26with Section 8700).

27(C) An architect licensed under Chapter 3 (commencing with
28Section 5500).

29(D) A contractor licensed under Chapter 9 (commencing with
30Section 7000).

31(E) A geologist or a geophysicist licensed under Chapter 12.5
32(commencing with Section 7800).

33(F) A manufacturing, mining, public utility, research and
34development, or other industrial corporation, if the services are
35provided in connection with or incidental to the products, systems,
36or services of that corporation or its affiliates.

37(G) A public agency.

38(c) “Written contract” as used in this section includes a contract
39that is in electronic form.

P16   1

SEC. 13.  

Section 6775.2 is added to the Business and
2Professions Code
, to read:

3

6775.2.  

(a) The failure of, or refusal by, a licensee or a
4certificate holder to respond to a written request from a
5representative of the board to cooperate in the investigation of a
6complaint against that licensee or certificate holder constitutes a
7cause for disciplinary action under Section 6775 or 6775.1.

8(b) This section shall remain in effect only until January 1, 2020,
9and as of that date is repealed.

10

SEC. 14.  

Section 6797 of the Business and Professions Code
11 is amended to read:

12

6797.  

(a) The department shall receive and account for all
13money derived from the operation of this chapter and, at the end
14of each month, shall report such money to the Controller and shall
15pay it to the Treasurer, who shall keep the money in a separate
16fund known as the Professional Engineer’s and Land Surveyor’s
17Fund.

18(b) For accounting and recordkeeping purposes, the Professional
19Engineer’s and Land Surveyor’s Fund shall be deemed to be a
20single special fund, and shall be available for expenditure only for
21the purposes as are now or may hereafter be provided by law.

22(c) The fees and civil penalties received under this chapter shall
23be deposited in the Professional Engineer’s and Land Surveyor’s
24Fund. All moneys in the fund are hereby appropriated for the
25purposes of this chapter.

26(d) This section shall remain in effect only until July 1, 2016,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before July 1, 2016, deletes or extends that date.

29

SEC. 15.  

Section 6797 is added to the Business and Professions
30Code
, to read:

31

6797.  

(a) The department shall receive and account for all
32money derived from the operation of this chapter and, at the end
33of each month, shall report such money to the Controller and shall
34pay it to the Treasurer, who shall keep the money in a separate
35fund known as the Professional Engineer’s, Land Surveyor’s, and
36Geologist’s Fund.

37(b) For accounting and recordkeeping purposes, the Professional
38Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
39deemed to be a single special fund, and shall be available for
P17   1 expenditure only for the purposes as are now or may hereafter be
2provided by law.

3(c) The fees and civil penalties received under this chapter shall
4be deposited in the Professional Engineer’s, Land Surveyor’s, and
5Geologist’s Fund. All moneys in the fund are hereby appropriated
6for the purposes of this chapter.

7(d) This section shall become operative on July 1, 2016.

8

SEC. 16.  

Section 7839.2 of the Business and Professions Code
9 is amended to read:

10

7839.2.  

(a) A professional geologist or professional
11geophysicist shall use a written contract when contracting to
12provide geological or geophysical services to a client pursuant to
13this chapter. The written contract shall be executed by the
14professional geologist or professional geophysicist and the client
15or the client’s representative prior to the professional geologist or
16professional geophysicist commencing work, unless the client
17states in writing that work may be commenced before the contract
18is executed. The written contract shall include, but is not limited
19to, all of the following:

20(1) A description of the services to be provided to the client by
21the professional geologist or professional geophysicist.

22(2) A description of any basis of compensation applicable to
23the contract, and the method of payment agreed upon by the parties.

24(3) The name, address, and license or certificate number of the
25professional geologist or professional geophysicist, and the name
26and address of the client.

27(4) A description of the procedure that the professional geologist
28or professional geophysicist and the client will use to accommodate
29additional services.

30(5) A description of the procedure to be used by both parties to
31terminate the contract.

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

33(1) Geologic or geophysical services rendered by a professional
34geologist or professional geophysicist for which the client will not
35pay compensation.

36(2) A geologist or geophysicist who has a current or prior
37contractual relationship with the client to provide geologic or
38geophysical services, and who has already been paid the fees that
39are due under the contract by the client.

P18   1(3) If the client executes a waiver in writing after full disclosure
2of this section that a contract that complies with the requirements
3of this section is not required.

4(4) Geological or geophysical services rendered by a geologist
5or geophysicist to any of the following:

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

7(B) An engineer licensed under Chapter 7 (commencing with
8Section 6700).

9(C) A land surveyor licensed under Chapter 15 (commencing
10with Section 8700).

11(D) An architect licensed under Chapter 3 (commencing with
12Section 5500).

13(E) A contractor licensed under Chapter 9 (commencing with
14Section 7000).

15(F) A public agency.

16(c) As used in this section, “written contract” includes a contract
17in electronic form.

18

SEC. 17.  

Section 7841 of the Business and Professions Code
19 is amended to read:

20

7841.  

An applicant for licensure as a geologist shall have all
21the following qualifications:

22(a) Not have committed any acts or crimes constituting grounds
23for denial of licensure under Section 480.

24(b) Graduation from a college or university with a major in
25geological sciences or any other discipline that, in the opinion of
26the board, is relevant to geology.

27(c) Have a documented record of a minimum of five years of
28professional geological experience of a character satisfactory to
29the board, demonstrating that the applicant is qualified to assume
30responsible charge of this work upon licensure as a geologist. This
31experience shall be gained under the supervision of a geologist or
32geophysicist licensed in this or any other state, or under the
33supervision of others who, in the opinion of the board, have the
34training and experience to have responsible charge of geological
35work. Professional geological work does not include routine
36sampling, laboratory work, or geological drafting.

37Each year of undergraduate study in the geological sciences shall
38count as one-half year of training up to a maximum of two years,
39and each year of graduate study or research counts as a year of
40training.

P19   1Teaching in the geological sciences at college level shall be
2credited year for year toward meeting the requirement in this
3category, provided that the total teaching experience includes six
4semester units per semester, or equivalent if on the quarter system,
5of upper division or graduate courses.

6Credit for undergraduate study, graduate study, and teaching,
7individually, or in any combination thereof, shall in no case exceed
8a total of three years towards meeting the requirement for at least
9five years of professional geological work as set forth above.

10The ability of the applicant shall have been demonstrated by the
11applicant having performed the work in a responsible position, as
12the term “responsible position” is defined in regulations adopted
13by the board. The adequacy of the required supervision and
14experience shall be determined by the board in accordance with
15standards set forth in regulations adopted by it.

16(d) Successfully pass a written examination that incorporates a
17national examination for geologists created by a nationally
18recognized entity approved by the board, and a supplemental
19California specific examination. The California specific
20examination shall test the applicant’s knowledge of state laws,
21 rules and regulations, and of seismicity and geology unique to
22practice within this state.

23

SEC. 18.  

Section 7841.1 of the Business and Professions Code
24 is amended to read:

25

7841.1.  

An applicant for licensure as a geophysicist shall have
26all of the following qualifications. This section shall not apply to
27applicants for licensure as geologists.

28(a) Not have committed any acts or crimes constituting grounds
29for denial of licensure under Section 480.

30(b) Meet one of the following educational requirements fulfilled
31at a school or university whose curricula meet criteria established
32by rules of the board.

33(1) Graduation with a major in a geophysical science or any
34other discipline that, in the opinion of the board, is relevant to
35geophysics.

36(2) Completion of a combination of at least 30 semester hours,
37or the equivalent, in courses that, in the opinion of the board, are
38relevant to geophysics. At least 24 semester hours, or the
39equivalent, shall be in the third or fourth year, or graduate courses.

P20   1(c) Have at least seven years of professional geophysical work
2that shall include either a minimum of three years of professional
3geophysical work under the supervision of a professional
4geophysicist, except that prior to July 1, 1973, professional
5geophysical work shall qualify under this subdivision if it is under
6the supervision of a qualified geophysicist, or a minimum of five
7years’ experience in responsible charge of professional geophysical
8work. Professional geophysical work does not include the routine
9maintenance or operation of geophysical instruments, or, even if
10carried out under the responsible supervision of a professional
11geophysicist, the routine reduction or plotting of geophysical
12observations.

13Each year of undergraduate study in the geophysical sciences
14referred to in this section shall count as one-half year of training
15up to a maximum of two years, and each year of graduate study
16or research counts as a year of training.

17Teaching in the geophysical sciences referred to in this section
18at a college level shall be credited year for year toward meeting
19the requirement in this category, provided that the total teaching
20experience includes six semester units per semester, or equivalent
21if on the quarter system, of third or fourth year or graduate courses.

22Credit for undergraduate study, graduate study, and teaching,
23individually, or in any combination thereof, shall in no case exceed
24a total of four years towards meeting the requirements for at least
25seven years of professional geophysical work as set forth above.

26The ability of the applicant shall have been demonstrated by his
27or her having performed the work in a responsible position, as the
28term “responsible position” is defined in regulations adopted by
29the board. The adequacy of the required supervision and experience
30shall be determined by the board in accordance with standards set
31forth in regulations adopted by it.

32(d) Successfully pass a written examination.

33

SEC. 19.  

Section 7841.2 of the Business and Professions Code
34 is amended to read:

35

7841.2.  

An applicant for certification as a geologist-in-training
36shall comply with all of the following:

37(a) Not have committed acts or crimes constituting grounds for
38denial of certification under Section 480.

39(b) Successfully pass the Fundamentals of Geology examination.

P21   1(c) Graduation from a college or university with a major in
2geological sciences or any other discipline that, in the opinion of
3the board, is relevant to geology.

4

SEC. 20.  

Section 7860.2 is added to the Business and
5Professions Code
, to read:

6

7860.2.  

(a) The failure of, or refusal by, a licensee or a
7certificate holder to respond to a written request from a
8representative of the board to cooperate in the investigation of a
9complaint against that licensee or certificate holder constitutes a
10cause for disciplinary action under Section 7860.

11(b) This section shall remain in effect only until January 1, 2020,
12and as of that date is repealed.

13

SEC. 21.  

Section 7885 of the Business and Professions Code
14 is amended to read:

15

7885.  

(a) The board shall report each month to the State
16Controller the amount and source of all revenue received by it
17pursuant to this chapter and at the same time pay the entire amount
18thereof into the State Treasury for credit to the Geology and
19Geophysics Account, which is hereby created within the
20Professional Engineer’s and Land Surveyor’s Fund established in
21Section 6797.

22(b) All moneys in the Geology and Geophysics Fund on January
231, 2012, shall be transferred on that date to the Geology and
24Geophysics Account of the Professional Engineer’s and Land
25Surveyor’s Fund.

26(c) This section shall remain in effect only until July 1, 2016,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before July 1, 2016, deletes or extends that date.

29

SEC. 22.  

Section 7886 of the Business and Professions Code
30 is amended to read:

31

7886.  

(a) The moneys paid into the Geology and Geophysics
32Account of the Professional Engineer’s and Land Surveyor’s Fund
33pursuant to this chapter are hereby appropriated to be used by the
34board to carry out the provisions of this chapter.

35(b) This section shall remain in effect only until July 1, 2016,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before July 1, 2016, deletes or extends that date.

38

SEC. 23.  

Section 7886 is added to the Business and Professions
39Code
, to read:

P22   1

7886.  

(a) The department shall receive and account for all
2money derived under the operation of this chapter and, at the end
3of each month, shall report such money to the Controller and shall
4pay it to the Treasurer, who shall keep the money in a separate
5fund known as the Professional Engineer’s, Land Surveyor’s, and
6Geologist’s Fund.

7(b) For accounting and recordkeeping purposes, the Professional
8Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
9deemed to be a single special fund and shall be available for
10expenditure only for the purposes as are now or may hereafter be
11provided by law.

12(c) The fees and civil penalties received under this chapter shall
13be deposited in the Professional Engineer’s, Land Surveyor’s, and
14Geologist’s Fund. All moneys in the fund are hereby appropriated
15for the purposes of this chapter.

16(d) This section shall become operative on July 1, 2016.

17

SEC. 24.  

Section 8710 of the Business and Professions Code
18 is amended to read:

19

8710.  

(a) The Board for Professional Engineers, Land
20Surveyors, and Geologists is vested with power to administer the
21provisions and requirements of this chapter, and may make and
22enforce rules and regulations that are reasonably necessary to carry
23out its provisions.

24(b) The board may adopt rules and regulations of professional
25conduct that are not inconsistent with state and federal law. The
26rules and regulations may include definitions of incompetence and
27negligence. Every person who holds a license or certificate issued
28by the board pursuant to this chapter, or a license or certificate
29issued to a civil engineer pursuant to Chapter 7 (commencing with
30Section 6700), shall be governed by these rules and regulations.

31(c) This section shall remain in effect only until January 1, 2020,
32and as of that date is repealed. Notwithstanding any other law, the
33repeal of this section renders the board subject to review by the
34appropriate policy committees of the Legislature.

35

SEC. 25.  

Section 8759 of the Business and Professions Code
36 is amended to read:

37

8759.  

(a) A licensed land surveyor or licensed civil engineer
38authorized to practice land surveying shall use a written contract
39when contracting to provide professional services to a client
40pursuant to this chapter. The written contract shall be executed by
P23   1the licensed land surveyor or licensed civil engineer and the client
2or the client’s representative prior to the licensed land surveyor or
3licensed civil engineer commencing work, unless the client
4knowingly states in writing that work may be commenced before
5the contract is executed. The written contract shall include, but
6not be limited to, all of the following:

7(1) A description of the services to be provided to the client by
8the licensed land surveyor or licensed civil engineer.

9(2) A description of any basis of compensation applicable to
10the contract, and the method of payment agreed upon by the parties.

11(3) The name, address, and license or certificate number of the
12licensed land surveyor or licensed civil engineer, and the name
13and address of the client.

14(4) A description of the procedure that the licensed land surveyor
15or licensed civil engineer and the client will use to accommodate
16additional services.

17(5) A description of the procedure to be used by both parties to
18terminate the contract.

19(b) This section shall not apply to any of the following:

20(1) Professional land surveying services rendered by a licensed
21land surveyor or licensed civil engineer for which the client will
22not pay compensation.

23(2) A licensed land surveyor or licensed civil engineer who has
24a current or prior contractual relationship with the client to provide
25professional services pursuant to this chapter, and that client has
26paid the licensed land surveyor or licensed civil engineer all of the
27fees that are due under the contract.

28(3) If the client knowingly states in writing after full disclosure
29of this section that a contract which complies with the requirements
30of this section is not required.

31(4) Professional services rendered by a licensed land surveyor
32or a licensed civil engineer to any of the following:

33(A) A professional engineer licensed under Chapter 7
34(commencing with Section 6700).

35(B) A land surveyor licensed under this chapter.

36(C) An architect licensed under Chapter 3 (commencing with
37Section 5500).

38(D) A contractor licensed under Chapter 9 (commencing with
39Section 7000).

P24   1(E) A geologist or a geophysicist licensed under Chapter 12.5
2(commencing with Section 7800).

3(F) A manufacturing, mining, public utility, research and
4development, or other industrial corporation, if the services are
5provided in connection with or incidental to the products, systems,
6or services of that corporation or its affiliates.

7(G) A public agency.

8(c) “Written contract” as used in this section includes a contract
9that is in electronic form.

10

SEC. 26.  

Section 8780.2 is added to the Business and
11Professions Code
, to read:

12

8780.2.  

(a) The failure of, or refusal by, a licensee or a
13certificate holder to respond to a written request from a
14representative of the board to cooperate in the investigation of a
15complaint against that licensee or certificate holder constitutes a
16cause for disciplinary action under Section 8780 or 8780.1.

17(b) This section shall remain in effect only until January 1, 2020,
18and as of that date is repealed.

19

SEC. 27.  

Section 8800 of the Business and Professions Code
20 is amended to read:

21

8800.  

(a) The department shall receive and account for all
22money derived under the operation of this chapter and, at the end
23of each month, shall report such money to the Controller and shall
24pay it to the Treasurer, who shall keep the money in a separate
25fund known as the Professional Engineer’s and Land Surveyor’s
26Fund.

27(b) For accounting and recordkeeping purposes, the Professional
28Engineer’s and Land Surveyor’s Fund shall be deemed to be a
29single special fund, and shall be available for expenditure only for
30the purposes as are now or may hereafter be provided by law.

31(c) The fees and civil penalties received under this chapter shall
32be deposited in the Professional Engineer’s and Land Surveyor’s
33Fund. All moneys in the fund are hereby appropriated for the
34purposes of this chapter.

35(d) This section shall remain in effect only until July 1, 2016,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before July 1, 2016, deletes or extends that date.

38

SEC. 28.  

Section 8800 is added to the Business and Professions
39Code
, to read:

P25   1

8800.  

(a) The department shall receive and account for all
2money derived under the operation of this chapter and, at the end
3of each month, shall report such money to the Controller and shall
4pay it to the Treasurer, who shall keep the money in a separate
5fund known as the Professional Engineer’s, Land Surveyor’s, and
6Geologist’s Fund.

7(b) For accounting and recordkeeping purposes, the Professional
8Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be
9deemed to be a single special fund, and shall be available for
10 expenditure only for the purposes as are now or may hereafter be
11provided by law.

12(c) The fees and civil penalties received under this chapter shall
13be deposited in the Professional Engineer’s, Land Surveyor’s, and
14Geologist’s Fund. All moneys in the fund are hereby appropriated
15for the purposes of this chapter.

16(d) This section shall become operative on July 1, 2016.

17begin insert

begin insertSEC. 29.end insert  

end insert
begin insert

(a) Section 2.1 of this bill incorporates changes to
18Section 205 of the Business and Professions Code proposed by
19both this bill and Assembly Bill 179. It shall only become operative
20if (1) both bills are enacted and become effective on or before
21January 1, 2016, (2) each bill amends Section 205 of the Business
22and Professions Code, and (3) Assembly Bill 180 is not enacted
23or as enacted does not amend that section, and (4) this bill is
24enacted after Assembly Bill 179, in which case Sections 2, 2.2, and
252.3 of this bill shall not become operative.

end insert
begin insert

26(b) Section 2.2 of this bill incorporates changes to Section 205
27of the Business and Professions Code proposed by both this bill
28and Assembly Bill 180. It shall only become operative if (1) both
29bills are enacted and become effective on or before January 1,
302016, (2) each bill amends Section 205 of the Business and
31Professions Code, (3) Assembly Bill 179 is not enacted or as
32enacted does not amend that section, and (4) this bill is enacted
33after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of
34this bill shall not become operative.

end insert
begin insert

35(c) Section 2.3 of this bill incorporates changes to Section 205
36of the Business and Professions Code proposed by this bill,
37Assembly Bill 179, and Assembly Bill 180. It shall only become
38operative if (1) all three bills are enacted and become effective on
39or before January 1, 2016, (2) all three bills amend Section 205
40of the Business and Professions Code, and (3) this bill is enacted
P26   1after Assembly Bill 179 and Assembly Bill 180, in which case
2Sections 2, 2.1, and 2.2 of this bill shall not become operative.

end insert


O

    94