Amended in Senate March 29, 2016

Senate Bill No. 1099

Introduced by Senator Cannella

February 17, 2016

An act to amend begin delete Section 8725 end delete begin insert Sections 6731.1 and 8726 end insert of the Business and Professions Code, relating to professions.

LEGISLATIVE COUNSEL’S DIGEST

SB 1099, as amended, Cannella. Land begin delete surveyors. end delete begin insert surveyors and civil engineers. end insert

The begin insert Professional Engineers Act and the end insert Professional Land Surveyors’ Act begin delete establishes end delete begin insert establish end insert the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of begin insert professional engineers and end insert land begin delete surveyors end delete begin insert surveyors, respectively, end insert and begin delete requires end delete begin insert require end insert any person practicing, or offering to practice, begin insert civil engineering or end insert land begin delete surveying end delete begin insert surveying, respectively, end insert in the state to submit evidence that he or she is qualified to practice and to be licensed under the begin insert respective end insert act. begin insert Existing law makes it a misdemeanor to practice civil engineering or land surveying without legal authorization. end insert

This bill would begin delete make a nonsubstantive change to this provision. end delete begin insert expand the definitions of civil engineering and land surveying to include laying out through the use of mathematics or geometric measurements the alignment or elevation for specified items, determining the configuration or contour of the benthic surface below water bodies or the measuring for volumetric calculations of earthwork, as specified, and making specified determinations by applying the principles of remote sensing. The bill would also amend the definition of geodetic surveying. By expanding the scope of a crime, the bill would impose a state-mandated local program. end insert

begin 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6731.1 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

6731.1.  

Civil engineering also includes the practice or offer to
practice, either in a public or private capacity, all of the following:

(a) Locates, relocates, establishes, reestablishes, begin delete or retraces end delete
begin insert retraces, or lays out through the use of mathematics or geometric
measurements end insert the alignment or elevation for any of the fixed works
embraced within the practice of civil engineering, as described in
Section begin delete 6731. end delete begin insert 6731 or for any items designed with the practice of
electrical engineering, as described in Section 6731.5, or
mechanical engineering, as described in Section 6731.6. end insert

(b) Determines the configuration or contour of the earth’s
begin delete surface or end delete begin insert surface, the benthic surface below water bodies, the
measuring for volumetric calculations of earthwork, or end insert the position
of begin insert manmade or natural end insert fixed objects above, on, or below the
surface of earth by applying the principles of begin delete trigonometry or
photogrammetry. end delete begin insert mathematics, photogrammetry, or remote
sensing. end insert

(c) Creates, prepares, or modifies electronic or computerized
data in the performance of the activities described in subdivisions
(a) and (b).

(d) Renders a statement regarding the accuracy of maps or
measured survey data pursuant to subdivisions (a), (b), and (c).

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8726 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

8726.  

A person, including any person employed by the state
or by a city, county, or city and county within the state, practices
land surveying within the meaning of this chapter who, either in
a public or private capacity, does or offers to do any one or more
of the following:

(a) Locates, relocates, establishes, reestablishes, begin delete or retraces end delete
begin insert retraces, or lays out through the use of mathematics or geometric
measurements end insert the alignment or elevation for any of the fixed works
embraced within the practice of civil engineering, as described in
Section begin delete 6731. end delete begin insert 6731 or for any items designed with the practice of
electrical engineering, as described in Section 6731.5, or
mechanical engineering, as described in Section 6731.6. end insert

(b) Determines the configuration or contour of the earth’s
surface, begin insert the benthic surface below water bodies, the measuring
for volumetric calculations of earthwork, end insert or the position of
begin insert manmade or natural end insert fixed objects above, on, or below the surface
of the earth by applying the principles of begin delete mathematics or
photogrammetry. end delete begin insert mathematics, photogrammetry, or remote
sensing. end insert

(c) Locates, relocates, establishes, reestablishes, or retraces any
property line or boundary of any parcel of land, right-of-way,
easement, or alignment of those lines or boundaries.

(d) Makes any survey for the subdivision or resubdivision of
any tract of land. For the purposes of this subdivision, the term
“subdivision” or “resubdivision” shall be defined to include, but
not be limited to, the definition in the Subdivision Map Act
(Division 2 (commencing with Section 66410) of Title 7 of the
Government Code) or the Subdivided Lands Law (Chapter 1
(commencing with Section 11000) of Part 2 of Division 4 of this
code).

(e) By the use of the principles of land surveying determines
the position for any monument or reference point which marks a
property line, boundary, or corner, or sets, resets, or replaces any
monument or reference point.

(f) Geodetic begin insert surveying end insert or cadastral surveying. As used in this
chapter, geodetic surveying means performing begin delete surveys, end delete begin insert surveys
by using techniques or methods of three-dimensional geospatial
data acquisition end insert in which account is taken of the figure and size
of the earth to determine or predetermine the horizontal or vertical
positions of fixed objects thereon or related thereto, geodetic
control points, monuments, or stations for use in the practice of
land surveying or for stating the begin delete position end delete begin insert geospatial establishment
of three-dimensional positions end insert of fixed objects, geodetic control
points, monuments, or stations by California Coordinate System

begin delete coordinates. end delete begin insert coordinates in accordance with Chapter 1
(commencing with Section 8801) of Division 8 of the Public
Resources Code. end insert

(g) Determines the information shown or to be shown on any
map or document prepared or furnished in connection with any
one or more of the functions described in subdivisions (a), (b), (c),
(d), (e), and (f).

(h) Indicates, in any capacity or in any manner, by the use of
the title “land surveyor” or by any other title or by any other
representation that he or she practices or offers to practice land
surveying in any of its branches.

(i) Procures or offers to procure land surveying work for himself,
herself, or others.

(j) Manages, or conducts as manager, proprietor, or agent, any
place of business from which land surveying work is solicited,
performed, or practiced.

(k) Coordinates the work of professional, technical, or special
consultants in connection with the activities authorized by this
chapter.

(l) Determines the information shown or to be shown within
the description of any deed, trust deed, or other title document
prepared for the purpose of describing the limit of real property
in connection with any one or more of the functions described in
subdivisions (a) to (f), inclusive.

(m) Creates, prepares, or modifies electronic or computerized
data in the performance of the activities described in subdivisions
(a), (b), (c), (d), (e), (f), (k), and (l).

(n) Renders a statement regarding the accuracy of maps or
measured survey data.

Any department or agency of the state or any city, county, or
city and county that has an unregistered person in responsible
charge of land surveying work on January 1, 1986, shall be exempt
from the requirement that the person be licensed as a land surveyor
until the person currently in responsible charge is replaced.

The review, approval, or examination by a governmental entity
of documents prepared or performed pursuant to this section shall
be done by, or under the direct supervision of, a person authorized
to practice land surveying.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 8725 of the Business and Professions
Code is amended to read:

8725.  

Any person practicing, or offering to practice, land
surveying in this state shall submit evidence that he or she is
qualified to practice and shall be licensed under this chapter.

It is unlawful for any person to practice, offer to practice, or
represent herself or himself, as a land surveyor in this state, or to
set, reset, replace, or remove any survey monument on land in
which he or she has no legal interest, unless he or she has been
licensed or specifically exempted from licensing under this chapter.

end delete