Senate Bill No. 1165

Introduced by Senator Cannella

February 18, 2016

An act to amend Sections 6796, 6796.3, 6796.5, 7835, 7835.1, 7852, 7852.1, 7884, 8802, 8803, and 8803.1 of the Business and Professions Code, relating to professions.

LEGISLATIVE COUNSEL’S DIGEST

SB 1165, as introduced, Cannella. Engineers, geologists, geophysicists, and land surveyors.

The Board for Professional Engineers, Land Surveyors, and Geologists administrates the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act, each of which defines and regulates their respective professions.

The Professional Engineers Act generally permits certificates of registration as a professional engineer and certificates of authority, which authorize the use of specific titles, to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance of these certificates unless the applicant meets certain requirements.

This bill would extend the 3-year period to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of these certificates after this time. The bill would authorize the holder of a certificate after that time to apply and obtain a new certificate if he or she has not committed acts or crimes that are grounds for denial and he or she passes an examination, if required. The bill would also make other technical and conforming changes.

Existing law prescribes requirements for plans, specifications, reports, or other documents prepared by a professional geologist or geophysicist, or by a subordinate, including a requirement that they be signed or stamped with the practitioner’s seal. Existing law authorizes geologists, specialty geologists, geophysicists, and specialty geophysicists to obtain a seal that meets specified requirements.

This bill would require the plans, specifications, reports, and other documents prepared by geologists or geophysicists, or their subordinates, to be both signed and stamped. The bill would instead require geologists, specialty geologists, geophysicists, and specialty geophysicists to obtain a seal. The bill would revise references relating to registration to instead refer to licensure.

The Professional Land Surveyors Act generally permits licensees to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance of these licenses unless the applicant meets certain requirements.

This bill would extend the period within which a renewal may be made to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of these certificates after this time. The bill would authorize the holder of a license after that time to apply and obtain a new license if he or she has not committed acts or crimes that are grounds for denial and he or she passes an examination, if required. This bill would also make other technical and conforming changes.

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

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

SECTION 1.  

Section 6796 of the Business and Professions
Code is amended to read:

6796.  

Except as otherwise provided in this article, certificates
of registration as a professional begin delete engineer, end delete begin insert engineer end insert and certificates
of authority may be renewed at any time within begin delete three end delete begin insert five end insert years
after expiration on filing of application for renewal on a form
prescribed by the board and payment of all accrued and unpaid
renewal fees. If the certificate is renewed more than 60 days after
its expiration, the certificate holder, as a condition precedent to
renewal, shall also pay the delinquency fee prescribed by this
chapter. Renewal under this section shall be effective on the date
on which the application is filed, on the date on which the renewal
fee is paid, or on the date on which the delinquency fee, if any, is
paid, whichever last occurs.

The expiration date of a certificate renewed pursuant to this
section shall be determined pursuant to Section 6795.

SEC. 2.  

Section 6796.3 of the Business and Professions Code
is amended to read:

6796.3.  

begin insert (a) end insert begin insert   end insert Certificates of registration as a professional
engineer, and certificates of authority to use the title “structural
engineer,” “soil engineer,” or “consulting engineer” that are not
renewed within begin delete three end delete begin insert five end insert years after expiration may not be
renewed, restored, reinstated, or begin delete reissued unless all of the following
apply: end delete begin insert reissued. After five years after expiration, the holder of a
certificate end insert begin insert may apply for and obtain a new certificate subject to
the following: end insert

begin delete

(a) The registrant or certificate holder has

end delete

begin insert (1) end insert begin insert   end insert begin insert He or she has end insert not committed any acts or crimes constituting
grounds for denial of begin delete registration or of a certificate end delete begin insert licensure end insert under
Section 480.

begin delete

(b) The registrant or certificate holder

end delete

begin insert (2) end insert begin insert   end insert begin insert He or she end insert takes and passes the begin delete examination end delete begin insert examination,
if any, end insert that would be required of him or her if he or she were then
applying for the certificate for the first begin delete time, or otherwise
establishes to the satisfaction of the board that, with due regard
for the public interest, he or she is qualified to practice the branch
of engineering in which he or she seeks renewal or reinstatement. end delete
begin insert time. end insert

begin delete

(c) The registrant or certificate holder pays all of the fees that
would be required of him or her if he or she were then applying
for the certificate for the first time. If the registrant or certificate
holder has been practicing in this state with an expired or
delinquent license and receives a waiver from taking the
examination as specified in subdivision (b) then he or she shall
pay all accrued and unpaid renewal fees.

end delete begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board may, by regulation, provide for the waiver or
refund of all or any part of the application fee in those cases in
which a certificate is issued without an examination pursuant to
this section.

SEC. 3.  

Section 6796.5 of the Business and Professions Code
is amended to read:

6796.5.  

Once an expired or delinquent certificate of registration
or certificate of authority is begin delete renewed, restored, reinstated, or
reissued end delete begin insert renewed end insert pursuant to Section begin delete 6796 or 6796.3, end delete begin insert 6796, end insert all
the following shall apply:

(a) The board shall continue to have full jurisdiction and
authority over the registrant or certificate holder as if the
registration or authority had not expired or become delinquent.

(b) The work performed by the registrant or certificate holder
during a period of expiration or delinquency shall be deemed lawful
and validly performed as to persons or entities other than the
registrant or authority holder.

(c) The begin delete renewal, restoration, reinstatement, or reissuance end delete
begin insert renewal end insert of a registration or certificate of authority shall not affect
liability issues regarding work performed during a period of
expiration or delinquency, nor does the fact of performance during
a period of expiration begin delete on end delete begin insert or end insert delinquency affect liability issues.

SEC. 4.  

Section 7835 of the Business and Professions Code is
amended to read:

7835.  

All geologic plans, specifications, reports, or documents
shall be prepared by a professional geologist or begin delete registered end delete begin insert licensed end insert
certified specialty geologist, or by a subordinate employee under
his or her direction. In addition, they shall be signed by the
professional geologist or begin delete registered end delete begin insert licensed end insert certified specialty
geologist begin delete or end delete begin insert and end insert stamped with his or her seal, begin delete either end delete begin insert both end insert of which
shall indicate his or her responsibility for them.

SEC. 5.  

Section 7835.1 of the Business and Professions Code
is amended to read:

7835.1.  

All geophysical plans, specifications, reports, or
documents shall be prepared by a professional geophysicist,
begin delete registered end delete begin insert licensed end insert certified specialty geophysicist, professional
geologist, begin delete registered end delete begin insert licensed end insert certified specialty geologist, or by a
subordinate employee under his or her direction. In addition, they
shall be signed by the professional geophysicist, begin delete registered end delete begin insert licensed end insert
certified specialty geophysicist, professional geologist, or begin delete registered end delete
begin insert licensed end insert certified specialty geologist, begin delete or end delete begin insert and end insert stamped with his or
her seal, begin delete either end delete begin insert both end insert of which shall indicate his or her responsibility
for them.

SEC. 6.  

Section 7852 of the Business and Professions Code is
amended to read:

7852.  

(a) Each geologist begin delete registered end delete begin insert licensed end insert under this chapter
begin delete may, upon registration, end delete begin insert shall, upon licensure, end insert obtain a seal of the
design authorized by the board bearing the begin delete registrant’s end delete begin insert licensee’s end insert
name, number of his or her certificate, and the legend “professional
geologist.”

(b) Each specialty geologist certified under this chapter begin delete may, end delete
begin insert shall, end insert upon certification, obtain a seal of the design authorized by
the board bearing the begin delete registrant’s end delete begin insert licensee’s end insert name, number of his
or her certificate, and the legend of the appropriate specialty in
geology in which he or she is certified under this chapter.

SEC. 7.  

Section 7852.1 of the Business and Professions Code
is amended to read:

7852.1.  

(a) Each geophysicist begin delete registered end delete begin insert licensed end insert under this
chapter begin delete may, upon registration, end delete begin insert shall, upon licensure, end insert obtain a seal
of the design authorized by the board bearing the begin delete registrant’s end delete
begin insert licensee’s end insert name, number of his or her certificate, and the legend
“professional geophysicist.”

(b) Each specialty geophysicist certified under this chapter begin delete may, end delete
begin insert shall, end insert upon certification, obtain a seal of the design authorized by
the board bearing the begin delete registrant’s end delete begin insert licensee’s end insert name, number of his
or her certificate, and the legend of the appropriate specialty in
geophysics in which he or she is certified under this chapter.

SEC. 8.  

Section 7884 of the Business and Professions Code is
amended to read:

7884.  

Certificates of begin delete registration end delete begin insert licensure end insert as a geologist or as
a geophysicist or certified specialty certificates which are not
renewed within five years after expiration may not be renewed,
restored, reinstated, or reissued thereafter. The holder of begin delete such end delete begin insert that end insert
certificate may apply for and obtain a new certificate, however,
if:

(a) He begin insert or she end insert has not committed any acts or crimes constituting
grounds for denial of licensure under Section 480.

(b) He begin insert or she end insert takes and passes the examination, if any, which
would be required of him begin insert or her end insert if he begin insert or she end insert were then applying
for the certificate for the first time.

The board may, by regulation, provide for the waiver or refund
of all or any part of the application fee in those cases in which a
certificate is issued without an examination pursuant to begin delete the
provisions of end delete this section.

SEC. 9.  

Section 8802 of the Business and Professions Code is
amended to read:

8802.  

Except as otherwise provided in this article, licenses
issued under this chapter may be renewed at any time within begin delete three end delete
begin insert five end insert years after expiration on filing of application for renewal on
a form prescribed by the board and payment of all accrued and
unpaid renewal fees. If the license is renewed more than 30 days
after its expiration, the licensee, as a condition precedent to
renewal, shall also pay the delinquency fee prescribed by this
chapter. Renewal under this section shall be effective on the date
on which the application is filed, on the date on which the renewal
fee is paid, or on the date on which the delinquency fee, if any, is
paid, whichever last occurs. If so renewed, the license shall
continue in effect through the date provided in Section 8801 which
next occurs after the effective date of the renewal, when it shall
expire if it is not again renewed.

SEC. 10.  

Section 8803 of the Business and Professions Code
is amended to read:

8803.  

begin insert (a) end insert begin insert   end insert A license begin delete which end delete begin insert that end insert is not renewed within begin delete three end delete
begin insert five end insert years after its expiration may not be renewed, restored,
reissued, or begin delete reinstated thereafter, unless all of the following apply: end delete
begin insert reinstated. After five years after expiration, t end insert begin insert he holder of a license end insert
begin insert may apply for and obtain a new license subject to the following: end insert

begin delete

(a) The licensee

end delete

begin insert (1) end insert begin insert   end insert begin insert He or she has end insert not committed any acts or crimes constituting
grounds for denial of licensure under Section 480.

begin delete

(b) The licensee pays all of the fees which would be required
if applying for the license for the first time. If the registrant or
certificate holder has been practicing in this state with an expired
or delinquent license and receives a waiver from taking the
examination as specified in subdivision (c) then he or she shall
pay all accrued and unpaid renewal fees.

end delete begin delete

(c) The licensee

end delete

begin insert (2) end insert begin insert   end insert begin insert He or she end insert takes and passes the begin delete examination which end delete
begin insert examination, if any, that end insert would be required if applying for the
license for the first begin delete time, or otherwise establishes to the satisfaction
of the board that, with due regard for the public interest, the
licensee is qualified to engage in the practice of land surveying. end delete
begin insert time. end insert

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board may, by begin delete appropriate end delete regulation, begin delete authorize end delete begin insert provide
for end insert the waiver or refund of all or any part of the application fee in
those cases in which a license is issued without an examination
begin delete under end delete begin insert pursuant to end insert this section.

SEC. 11.  

Section 8803.1 of the Business and Professions Code
is amended to read:

8803.1.  

Once an expired or delinquent license is begin delete renewed,
restored, reinstated, or reissued end delete begin insert renewed end insert pursuant to Section begin delete 8803, end delete
begin insert 8802, end insert all of the following apply:

(a) The board shall continue to have full jurisdiction and
authority over the licensee as if the license had not expired or
become delinquent.

(b) The work performed by the licensee during a period of
expiration or delinquency shall be deemed lawful and validly
performed as to persons or entities other than the licensee.

(c) The begin delete renewal, restoration, reinstatement, or reissuance end delete
begin insert renewal end insert of a license shall not affect liability issues regarding work
performed during a period of expiration or delinquency, nor does
the fact of performance during a period of expiration or
delinquency affect liability issues.