BILL NUMBER: AB 2560 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 8704 of the Business and Professions Code is
amended to read:
8704. Any person practices land surveying when he or she
professes to be a land surveyor or is in responsible charge of
land surveying work.
SEC. 2. Section 8720.1 of the Business and Professions Code is
amended to read:
8720.1. Each review committee shall consist of no fewer than
three licensed land surveyors appointed by the board. Each member of
a committee shall have the same qualifications and shall be subject
to the same rules and regulations as if he or she were a
member of the board.
SEC. 3. Section 8743 of the Business and Professions Code is
amended to read:
8743. The names and addresses of at least four land surveyors or
civil engineers, duly qualified to practice in the place in which
such practice has been conducted, each of whom has sufficient
knowledge of the applicant to enable him or her to certify
to the applicant's professional integrity, ability
ability, and fitness to receive a license, shall
be submitted with the application for the second division of the
examination.
SEC. 4. Section 8744 of the Business and Professions Code is
amended to read:
8744. The applicant for the second division of the examination
shall state in his or her application that, should he
or she be licensed, he or she will support the
Constitution of this State state and of
the United States, and that he or she will faithfully
discharge the duties of a licensed land surveyor.
SEC. 5. Section 8748.5 of the Business and Professions Code is
amended to read:
8748.5. If an applicant for license as a land surveyor or
certification as a land surveyor-in-training is found by the board to
lack the qualifications required for admission to the examination
for such license or certification, the board may, in accordance with
the provisions of Section 158 of this code, refund to him or her
one-half of the amount of his or her application
fee.
SEC. 6. Section 8760 of the Business and Professions Code is
amended to read:
8760. Every licensed land surveyor or registered civil engineer
may administer and certify oaths:
(a) When it becomes necessary to take testimony for the
identification or establishment of old, lost
lost, or obliterated corners.
(b) When a corner or monument is found in a perishable
condition, condition and it appears desirable
that evidence concerning it be perpetuated.
(c) When the importance of the survey makes it desirable,
desirable to administer an oath to his or
her assistants for the faithful performance of their
his or her duty.
A record of oaths shall be preserved as part of the field notes of
the survey and a memorandum of them shall be made on the record of
survey filed under this article.
SEC. 7. Section 8770 of the Business and Professions Code is
amended to read:
8770. The record of survey filed with the county recorder of any
county shall be securely fastened by him or her into a
suitable book provided for that purpose.
He or she shall keep proper indexes of such record of
survey by the name of grant, tract, subdivision
subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible
condition. It shall be proper procedure for the recorder to maintain
for public reference a set of counter maps that are prints of the
original maps, maps and the original
maps to be produced for comparison upon demand.
SEC. 8. Section 8773.3 of the Business and Professions Code is
amended to read:
8773.3. In every case where a corner record is filed pursuant to
Section 8773, the licensed land surveyor or registered civil engineer
shall reconstruct or rehabilitate the monument of such corner, and
accessories to such corner, so that the same shall be left by him
or her in such physical condition that it remains as
permanent a monument as is reasonably possible and so that the same
may be reasonably expected to be located with facility at all times
in the future.
SEC. 9. Section 8775.2 of the Business and Professions Code is
amended to read:
8775.2. Maps, documents, or reports prepared by, or under the
direction of, a licensed photogrammetric surveyor shall carry his
or her signature and certificate number
number, which will indicate his or her
responsibility for the work.
SEC. 10. Section 8783 of the Business and Professions Code is
amended to read:
8783. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge substantially related to the
qualifications, functions functions,
and duties of a land surveyor is deemed to be a conviction within the
meaning of this article. The board may order the license or
certificate suspended or revoked, or may decline to issue a license
or certificate, when the time for appeal has elapsed, or
elapsed, the judgment of conviction has been
affirmed on appeal appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing such person to withdraw his
or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the accusation,
information information, or
indictment.
SEC. 11. Section 8804 of the Business and Professions Code is
amended to read:
8804. The renewal or reinstatement of any certificate of
registration of a civil engineer under Chapter 7 (commencing with
Section 6700) of Division 3, 6700), who
is also a licensed land surveyor, shall not include the renewal or
restoration of his or her land surveyor's
license, license without the payment of the
surveyor's renewal fee or penalty.