California Legislature—2015–16 Regular Session

Assembly BillNo. 2560


Introduced by Assembly Member Obernolte

February 19, 2016


An act to amend Sections 8704, 8720.1, 8743, 8744, 8748.5, 8760, 8770, 8773.3, 8775.2, 8783, and 8804 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2560, as introduced, Obernolte. Professional Land Surveyors’ Act.

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 within the Department of Consumer Affairs, and requires any person practicing, or offering to practice, land surveying in the state to submit evidence that he or she is qualified to practice and to be licensed under the act.

This bill would change masculine pronouns, as specified, throughout that act and make other nonsubstantive changes.

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

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

P1    1

SECTION 1.  

Section 8704 of the Business and Professions
2Code
is amended to read:

3

8704.  

Any person practices land surveying when hebegin insert or sheend insert
4 professes to be a land surveyor or is in responsible charge of land
5surveying work.

P2    1

SEC. 2.  

Section 8720.1 of the Business and Professions Code
2 is amended to read:

3

8720.1.  

Each review committee shall consist of no fewer than
4three licensed land surveyors appointed by the board. Each member
5of a committee shall have the same qualifications and shall be
6subject to the same rules and regulations as if hebegin insert or sheend insert were a
7member of the board.

8

SEC. 3.  

Section 8743 of the Business and Professions Code is
9amended to read:

10

8743.  

The names and addresses of at least four land surveyors
11or civil engineers, duly qualified to practice in the place in which
12such practice has been conducted, each of whom has sufficient
13knowledge of the applicant to enable himbegin insert or herend insert to certify to the
14applicant’s professional integrity,begin delete abilityend deletebegin insert ability,end insert and fitness to
15receive a license, shall be submitted with the application for the
16second division of the examination.

17

SEC. 4.  

Section 8744 of the Business and Professions Code is
18amended to read:

19

8744.  

The applicant for the second division of the examination
20shall state in hisbegin insert or herend insert application that, should hebegin insert or sheend insert be
21licensed, hebegin insert or sheend insert will support the Constitution of thisbegin delete Stateend deletebegin insert stateend insert
22 and of the United States, and that hebegin insert or sheend insert will faithfully discharge
23the duties of a licensed land surveyor.

24

SEC. 5.  

Section 8748.5 of the Business and Professions Code
25 is amended to read:

26

8748.5.  

If an applicant for license as a land surveyor or
27certification as a land surveyor-in-training is found by the board
28to lack the qualifications required for admission to the examination
29for such license or certification, the board may, in accordance with
30the provisions of Section 158 of this code, refund to himbegin insert or herend insert
31 one-half of the amount of hisbegin insert or herend insert application fee.

32

SEC. 6.  

Section 8760 of the Business and Professions Code is
33amended to read:

34

8760.  

Every licensed land surveyor or registered civil engineer
35may administer and certify oaths:

36(a) When it becomes necessary to take testimony for the
37identification or establishment of old,begin delete lostend deletebegin insert lost,end insert or obliterated
38corners.

P3    1(b) When a corner or monument is found in a perishable
2begin delete condition,end deletebegin insert conditionend insert and it appears desirable that evidence
3concerning it be perpetuated.

4(c) When the importance of the survey makes itbegin delete desirable,end delete
5begin insert desirableend insert to administer an oath to hisbegin insert or herend insert assistants for the
6faithful performance ofbegin delete theirend deletebegin insert his or herend insert duty.

7A record of oaths shall be preserved as part of the field notes of
8the survey and a memorandum of them shall be made on the record
9of survey filed under this article.

10

SEC. 7.  

Section 8770 of the Business and Professions Code is
11amended to read:

12

8770.  

The record of survey filed with the county recorder of
13any county shall be securely fastened by himbegin insert or herend insert into a suitable
14book provided for that purpose.

15Hebegin insert or sheend insert shall keep proper indexes of such record of survey by
16the name of grant, tract,begin delete subdivisionend deletebegin insert subdivision,end insert or United States
17subdivision.

18The original map shall be stored for safekeeping in a reproducible
19condition. It shall be proper procedure for the recorder to maintain
20for public reference a set of counter maps that are prints of the
21originalbegin delete maps,end deletebegin insert mapsend insert and the original maps to be produced for
22comparison upon demand.

23

SEC. 8.  

Section 8773.3 of the Business and Professions Code
24 is amended to read:

25

8773.3.  

In every case where a corner record is filed pursuant
26to Section 8773, the licensed land surveyor or registered civil
27engineer shall reconstruct or rehabilitate the monument of such
28corner, and accessories to such corner, so that the same shall be
29left by himbegin insert or herend insert in such physical condition that it remains as
30permanent a monument as is reasonably possible and so that the
31same may be reasonably expected to be located with facility at all
32times in the future.

33

SEC. 9.  

Section 8775.2 of the Business and Professions Code
34 is amended to read:

35

8775.2.  

Maps, documents, or reports prepared by, or under the
36direction of, a licensed photogrammetric surveyor shall carry his
37begin insert or herend insert signature and certificatebegin delete numberend deletebegin insert number,end insert which will indicate
38hisbegin insert or herend insert responsibility for the work.

39

SEC. 10.  

Section 8783 of the Business and Professions Code
40 is amended to read:

P4    1

8783.  

A plea or verdict of guilty or a conviction following a
2plea of nolo contendere made to a charge substantially related to
3the qualifications,begin delete functionsend deletebegin insert functions,end insert and duties of a land surveyor
4is deemed to be a conviction within the meaning of this article.
5The board may order the license or certificate suspended or
6revoked, or may decline to issue a license or certificate, when the
7time for appeal hasbegin delete elapsed, orend deletebegin insert elapsed,end insert the judgment of conviction
8has been affirmed onbegin delete appealend deletebegin insert appeal,end insert or when an order granting
9probation is made suspending the imposition of sentence,
10irrespective of a subsequent order under the provisions of Section
111203.4 of the Penal Code allowing such person to withdraw his
12begin insert or herend insert plea of guilty and to enter a plea of not guilty, or setting
13aside the verdict of guilty, or dismissing the accusation,begin delete informationend delete
14begin insert information,end insert or indictment.

15

SEC. 11.  

Section 8804 of the Business and Professions Code
16 is amended to read:

17

8804.  

The renewal or reinstatement of any certificate of
18registration of a civil engineer under Chapter 7 (commencing with
19Sectionbegin delete 6700) of Division 3,end deletebegin insert 6700),end insert who is also a licensed land
20surveyor, shall not include the renewal or restoration of hisbegin insert or herend insert
21 land surveyor’sbegin delete license,end deletebegin insert licenseend insert without the payment of the
22surveyor’s renewal fee or penalty.



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