Amended in Senate March 29, 2016

Senate Bill No. 1165

Introduced by Senator Cannella

February 18, 2016

An act to amend Sections begin insert 6751, 6755, 6756, 6762, 6763.5, end insert 6796, 6796.3, 6796.5, begin insert 6799, end insert 7835, 7835.1, begin insert 7842, 7843, 7850, 7850.1, 7850.5, end insert 7852, 7852.1, 7884, begin insert 8731, 8740, 8741, 8741.1, 8742, 8743, 8744, 8747, 8748.5, end insert 8802, 8803, begin delete and 8803.1 end delete begin insert 8803.1, and 8805 end insert of the Business and Professions Code, relating to begin delete professions. end delete begin insert professions and vocations. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

The Board for Professional Engineers, Land Surveyors, and begin delete Geologists administrates end delete begin insert Geologists, which is within the Department of C end insert begin insert onsumer Affairs, administers end insert the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ begin delete Act, each of which defines and regulates their respective professions. end delete begin insert Act. Those acts provide for licensure and regulation of those respective professions by the board. end insert

The Professional Engineers Act begin insert requires an applicant for registration as a professional engineer to meet specified requirements, including that an applicant for the second division examination has successfully passed the first division examination. That act requires an applicant for a certificate as an engineer-in-training to meet specified requirements and requires the applicant to satisfactorily complete 3 years or more of postsecondary education or engineering experience, or a combination of both, before the applicant is eligible to sit for the first division examination. That act authorizes the board to waive the first division examination for an applicant whose education and experience substantially exceeds the requirements for registration or certification. That act end insert 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. begin delete The end delete begin insert That end insert act prohibits the renewal, restoration, reinstatement, or reissuance of these certificates unless the applicant meets certain requirements. begin insert That act requires the board to set fees, as specified, and requires the renewal fee for a license to be no more than the application fee currently in effect and prohibits the application fee from being greater than $400. end insert

This bill would begin insert would delete the requirement that an applicant for licensure as a professional engineer pass the first division examination in order to sit for the second division examination and would delete the requirement that an applicant for a certificate as an engineer-in-training successfully complete 3 years or more of postsecondary education or engineering experience, or a combination of both, before the applicant is eligible to sit for the first division examination. The bill would instead authorize the board to provide for a waiver of the first division examination for an applicant for a certificate as an engineer-in-training if the applicant’s education and experience substantially exceeds the requirements for a certificate. The bill would end insert extend the 3-year begin insert renewal end insert period to 5 years after begin delete expiration. end delete begin insert expiration of the certificate of licensure or certificate of authority. end insert The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of begin delete these end delete begin insert those end insert certificates after begin delete this time. The bill end delete begin insert 5 years and end insert would authorize the holder of begin delete a certificate end delete begin insert the certificate, end insert after that begin delete time end delete begin insert time, end insert 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. begin insert The bill would require the renewal fee for a license to be no more than $400. end insert The bill would also make other technical and conforming changes.

Existing begin delete law end delete begin insert law, the Geologist and Geophysicist Act, requires an applicant for a certification in a specialty in geology to meet certain requirements, including 7 years of specified professional geological work. That act end insert 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 begin insert additionally require an applicant for a certification in a specialty in geology to successfully pass a written examination in that specialty. The bill would end insert 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. begin delete The bill would revise references relating to registration to instead refer to licensure. end delete

The Professional Land begin delete Surveyors end delete begin insert Surveyors’ end insert Act begin insert requires an applicant for licensure under the act to meet specified requirements, including successfully passing the second division of the examination, and requires an applicant for a certificate as a land-surveyor-in-training to meet specified requirements, including passing the first division of the examination. That act requires an application for each division of the examination to be made to the board, as specified. That act end insert generally permits licensees to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance begin delete of these licenses end delete begin insert a license end insert unless the applicant meets certain requirements. begin insert That act requires the board to set fees, as specified, and requires the renewal fee for a license to be no more than the application fee currently in effect and prohibits the application fee from being greater than $400. end insert

This bill would begin insert additionally require an applicant for certification as a land surveyor-in-training and an applicant for licensure as a land surveyor to not have committed specified acts or crimes constituting grounds for denial of licensure. The bill would require an applicant for a certification as a land surveyor-in-training to have satisfactorily completed 2 years or more of postsecondary education in land surveying or experience in land surveying, or a combination of both, and would authorize the board to prescribe the reasonable educational or experience requirements an applicant needs to meet by regulation. The bill would additionally require an applicant for licensure as a land surveyor to be certified as a land surveyor-in-training in this state, be certified as a land surveyor-in-training or surveyor intern in another state or United States territory, or be exempt, as specified. The bill would instead require an application for certification or licensure under the act to be made to the board on a form prescribed by the board. The bill would end insert extend the period within which a renewal begin insert of a license end insert may be made to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of begin delete these certificates end delete begin insert a license end insert after begin delete this time. The bill end delete begin insert 5 years and end insert would authorize the holder of a begin delete license end delete begin insert license, end insert after that begin delete time end delete begin insert time, end insert 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. begin insert The bill would require the renewal fee for a license to be no more than $400. end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6751 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

6751.  

(a) The applicant for certification as an
engineer-in-training shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds for
denial of begin delete registration end delete begin insert licensure end insert under Section 480.

(2) Successfully pass the first division of the begin delete examination. The
applicant shall be eligible to sit for the first division of the
examination after satisfactory completion of three end delete begin insert examination. end insert

begin insert (3) end insert begin insert   end insert begin insert Satisfactorily complete three end insert years or more of postsecondary
engineering education, three years or more of engineering
experience, or a combination of postsecondary education and
experience in engineering totaling three years.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board need not verify the applicant’s eligibility begin insert for
certification as an engineer-in end insert begin insert -training end insert other than to require the
applicant to sign a statement of eligibility on the application form.

begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  The applicant for begin delete registration end delete begin insert licensure end insert as a professional
engineer shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds for
denial of begin delete registration end delete begin insert licensure end insert under Section 480.

(2) Furnish evidence of six years or more of qualifying
experience in engineering work satisfactory to the board evidencing
that the applicant is competent to practice the character of
engineering in the branch for which he or she is applying for

begin delete registration, and successfully pass the second division of the
examination. end delete begin insert licensure. end insert

begin delete

(3) The applicant for the second division of the examination
shall successfully pass the first division examination or shall be
exempt therefrom.

end delete begin insert

(3) Be certified as an engineer-in-training in this state, be
certified as an engineer-in-training or engineer intern in another
state or territory of the United States, or be exempt therefrom.

end insert begin insert

(4) Successfully pass the second division of the examination.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 6755 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

6755.  

(a) Examination duration and composition shall be
designed to conform to the following general principle: The first
division of the examination shall test the applicant’s knowledge
of appropriate fundamental engineering subjects, including
mathematics and the basic sciences; the second division of the
examination shall test the applicant’s ability to apply his or her
knowledge and experience and to assume responsible charge in
the professional practice of the branch of engineering in which the
applicant is being examined.

begin delete

(b) The applicant for the second division of the examination
shall have successfully passed the first division examination or
shall be exempt therefrom.

end delete begin delete

(c)

end delete

begin insert (b) end insert  The board may by rule provide for a waiver of the first
division of the examination for applicants whose education and
experience qualifications substantially exceed the requirements of
begin insert subdivision (a) of end insert Section 6751.

begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  The board may by rule provide for a waiver of the second
division of the examination for persons eminently qualified for
begin delete registration end delete begin insert licensure end insert in this state by virtue of their standing in the
engineering community, their years of experience, and those other
qualifications as the board deems appropriate.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 6756 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

6756.  

(a) An applicant for certification as an
engineer-in-training shall, upon begin delete making a passing grade in that
division of the examination end delete begin insert meeting all of the requirements end insert
prescribed in begin insert subdivisions (a) and (b) of end insert Section begin delete 6755, relating to
fundamental engineering subjects, end delete begin insert 6751, end insert be issued a certificate as
an engineer-in-training. A renewal or other fee, other than the
application and examination fees, begin delete may end delete begin insert shall end insert not be charged for
this certification. The certificate shall become invalid when the
holder has qualified as a professional engineer as provided in
Section 6762.

(b) An engineer-in-training certificate does not authorize the
holder thereof to practice or offer to practice civil, electrical, or
mechanical engineering work, in his or her own right, or to use
the titles specified in Sections 6732, 6736, and 6736.1.

(c) It is unlawful for anyone other than the holder of a valid
engineer-in-training certificate issued under this chapter to use the
title of “engineer-in-training” or any abbreviation of that title.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 6762 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

6762.  

Any applicant begin delete who has passed the second division
examination end delete begin insert for licensure as a professional engineer, upon meeting
all of the requirements prescribed in subdivision (c) of Section
6751 end insert and begin insert who end insert has otherwise qualified hereunder as a professional
engineer, shall have a certificate of registration issued to him or
her as a professional engineer in the particular branch for which
he or she is found qualified.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 6763.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

6763.5.  

If an applicant for begin delete registration end delete begin insert licensure end insert as a
professional begin delete engineer or end delete begin insert engineer, for end insert certification as an
engineer-in-training, or for authorization to use the title “structural
engineer” or “soil begin delete engineer,” end delete begin insert engineer end insert begin insert ” end insert is found by the board to
lack the qualifications required for admission to the examination
for such begin delete registration, end delete begin insert licensure, end insert certification, or authorization, 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.

begin delete SECTION 1. end delete

begin insert SEC. 6. end insert   

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 engineer and certificates of
authority may be renewed at any time within five 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.

begin delete SEC. 2. end delete

begin insert SEC. 7. end insert   

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

6796.3.  

(a) 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 five years after expiration may not be renewed,
restored, reinstated, or reissued. After five years after expiration,
the holder of a certificate may apply for and obtain a new certificate
subject to the following:

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

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

(b) 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
this section.

begin delete SEC. 3. end delete

begin insert SEC. 8. end insert   

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 renewed pursuant to Section 6796, all
begin insert of end insert the following shall apply:

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

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

(c) The renewal 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 or delinquency affect liability issues.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 6799 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

6799.  

(a) The amount of the fees prescribed by this chapter
shall be fixed by the board in accordance with the following
schedule:

(1) The fee for filing each application for licensure as a
professional engineer and each application for authority level
designation at not more than four hundred dollars ($400) and for
each application for certification as an engineer-in-training at not
more than one hundred dollars ($100).

(2) The fee to take an examination administered by a public or
private organization pursuant to Section 6754 shall be no greater
than the actual cost of the development and administration of the
examination and may be paid directly to the organization by the
applicant.

(3) The renewal fee for each branch of professional engineering
in which licensure is held, and the renewal fee for each authority
level designation held, at no more than begin delete the professional engineer
application fee currently in effect. end delete begin insert four hundred dollars ($400). end insert

(4) The fee for a retired license at not more than 50 percent of
the professional engineer application fee in effect on the date of
application.

(5) The delinquency fee at not more than 50 percent of the
renewal fee in effect on the date of reinstatement.

(6) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee charged shall be no more than
the costs incurred by the board.

(7) All other document fees are to be set by the board by rule.

(b) Applicants wishing to be examined in more than one branch
of engineering shall be required to pay the additional fee for each
examination after the first.

begin delete SEC. 4. end delete

begin insert SEC. 10. end insert   

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 licensed certified
specialty geologist, or by a subordinate employee under his or her
direction. In addition, they shall be signed by the professional
geologist or licensed certified specialty geologist and stamped with
his or her seal, both of which shall indicate his or her responsibility
for them.

begin delete SEC. 5. end delete

begin insert SEC. 11. end insert   

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,
licensed certified specialty geophysicist, professional geologist,
licensed certified specialty geologist, or by a subordinate employee
under his or her direction. In addition, they shall be signed by the
professional geophysicist, licensed certified specialty geophysicist,
professional geologist, or licensed certified specialty geologist,
and stamped with his or her seal, both of which shall indicate his
or her responsibility for them.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 7842 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7842.  

begin insert (a) end insert begin insert   end insert An applicant for certification in a specialty in
geology shall meet all of the requirements of Section begin delete 7841 end delete begin insert 7841,
shall be a geologist licensed under this chapter, end insert and, in addition,
his or her seven years of professional geological work shall include
one of the following:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  A minimum of three years performed under the supervision
of a geologist certified in the specialty for which the applicant is
seeking certification or under the supervision of a licensed civil
engineer if the applicant is seeking certification as an engineering
geologist, except that prior to July 1, 1970, professional geological
work shall qualify under this subdivision if it is performed under
the supervision of a geologist qualified in the specialty for which
the applicant is seeking certification or under the supervision of a
licensed civil engineer if the applicant is seeking certification as
an engineering geologist.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  A minimum of five years’ experience in responsible charge
of professional geological work in the specialty for which the
applicant is seeking certification.

begin insert

(b) In addition to meeting the requirements of subdivision (a),
an applicant for certification in a specialty of geology shall
successfully pass a written examination in that specialty.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 7843 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7843.  

(a) An applicant for certification as a
geologist-in-training shall, upon begin delete making a passing grade in the
National Association of State Boards of Geology’s Fundamentals
of Geology examination end delete begin insert meeting all the requirements prescribed
in Section 7841.2, end insert be issued a certificate as a geologist-in-training.
A renewal or other fee, other than the application fee, may not be
charged for this certification. The certificate shall become invalid
when the holder has qualified as a professional geologist as
provided in Section 7841.

(b) A geologist-in-training certificate does not authorize the
holder thereof to practice or offer to practice geology, in his or her
own right, or to use the title specified in Section 7804.

(c) It is unlawful for anyone other than the holder of a valid
geologist-in-training certificate issued under this chapter to use
the title of “geologist-in-training” or any abbreviation of that title.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 7850 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7850.  

Any applicant begin delete who has passed the examination end delete begin insert for
licensure as a professional geologist who meets all the
requirements prescribed in Section 7841 end insert and begin insert who end insert has otherwise
qualified hereunder as a geologist, upon payment of the registration
fee fixed by this begin delete chapter end delete begin insert chapter, end insert shall have a certificate of
registration issued to him or her as a professional geologist.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 7850.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7850.1.  

Any applicant begin delete who has passed the examination end delete begin insert for
licensure as a professional geophysicist who meets all the
requirements prescribed in Section 7841.1 end insert and begin insert who end insert has otherwise
qualified hereunder as a geophysicist, upon payment of the
registration fee fixed by this begin delete chapter end delete begin insert chapter, end insert shall have a certificate
of registration issued to him or her as a professional geophysicist.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 7850.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7850.5.  

An applicant begin delete who has passed the examination for a
certified specialty geologist end delete begin insert for certification as a certified specialty
geologist who meets all the requirements prescribed in Section
7842 end insert and begin insert who end insert has otherwise qualified under this chapter in the
specialty, upon payment of the fee fixed by this begin delete chapter end delete begin insert chapter, end insert
shall have a certificate issued to him or her as a certified specialty
geologist.

A certificate of certified specialty geologist shall be signed by
the president and executive officer and issued under the seal of
the board.

begin delete SEC. 6. end delete

begin insert SEC. 17. end insert   

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

7852.  

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

(b) Each specialty geologist certified under this chapter shall,
upon certification, obtain a seal of the design authorized by the
board bearing the licensee’s 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.

begin delete SEC. 7. end delete

begin insert SEC. 18. end insert   

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

7852.1.  

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

(b) Each specialty geophysicist certified under this chapter shall,
upon certification, obtain a seal of the design authorized by the
board bearing the licensee’s 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.

begin delete SEC. 8. end delete

begin insert SEC. 19. end insert   

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

7884.  

Certificates of licensure 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 that
certificate may apply for and obtain a new certificate, however,
if:

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

(b) He or she takes and passes the examination, if any, which
would be required of him or her if he or she 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 this section.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 8731 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8731.  

A begin delete registered end delete begin insert licensed end insert civil engineer and a civil engineer
exempt from begin delete registration end delete begin insert licensure end insert under Chapter 7 (commencing
with Section 6700) begin delete of Division 3 end delete are exempt from licensing under
this chapter and may engage in the practice of land surveying with
the same rights and begin delete privileges, end delete begin insert privileges end insert and the same duties and
responsibilities begin delete of end delete begin insert as end insert a licensed land surveyor, provided that for
civil engineers who become begin delete registered end delete begin insert licensed end insert after January 1,
1982, they shall begin delete pass the second division examination provided
for in Section 8741 and end delete obtain a begin delete land surveyor’s license, end delete begin insert license
as a land surveyor under the provisions of this chapter, end insert before
practicing land surveying as defined in this chapter.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 8740 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8740.  

(a) An application for begin delete each division of the examination end delete
begin insert a certificate as a land surveyor-in-training or end insert for a license as a
land surveyor shall be made to the board on the form prescribed
by it, with all statements therein made under oath, and shall be
accompanied by the fee fixed by this chapter.

(b) The board may authorize an organization specified by the
board pursuant to Section 8745 to receive directly from applicants
payment of the examination fees charged by that organization as
payment for examination materials and services.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 8741 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

begin delete

8741.  

(a) The first division of the examination shall test the
applicant’s fundamental knowledge of surveying, mathematics,
and basic science. The board may prescribe by regulation
reasonable educational or experience requirements including two
years of postsecondary education in land surveying, two years of
experience in land surveying, or a combination of postsecondary
education and experience in land surveying totaling two years for
admission to the first division of the examination. Applicants
registered by the board as a California civil engineer are exempt
from this division of the examination.

The second division of the examination shall test the applicant’s
ability to apply his or her knowledge and experience and to assume
responsible charge in the professional practice of land surveying.

(b) The applicant for the second division examination shall have
successfully passed the first division examination, or shall be
exempt therefrom. The applicant shall be

end delete

begin insert

begin insert 8741. end insert   

end insert begin insert

(a) An applicant for certification as a land
surveyor-in-training shall comply with all of the following:

end insert begin insert

(1) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480.

end insert begin insert

(2) Successfully pass the first division of the examination.

end insert begin insert

(3) Satisfactorily complete two years or more of postsecondary
education in land surveying, two years or more of experience in
land surveying, or a combination of postsecondary education and
experience in land surveying.

end insert begin insert

(b) The board need not verify the applicant’s eligibility for
certification as a land surveyor-in-training other than to require
the applicant to sign a statement of eligibility on the application
form.

end insert begin insert

(c) The board may prescribe by regulation reasonable
educational or experience requirements for an applicant to meet
the requirements in paragraph (3) of subdivision (a).

end insert begin insert

(d) An applicant for licensure as a professional land surveyor
shall comply with all of the following:

end insert begin insert

(1) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480.

end insert begin insert

(2) Furnish evidence that he or she meets the requirements of
Section 8742.

end insert begin insert

(3) Successfully passed the second division of the examination

end insert begin insert

(4) Be certified as a land surveyor-in-training in this state, be
certified as a land surveyor-in-training or surveyor intern in
another state of territory of the United States, or be exempt
therefrom. An applicant licensed by the board as a civil engineer
is exempt from the requirement of this paragraph.

end insert

begin insert (5) end insert begin insert   end insert begin insert Be end insert thoroughly familiar with begin delete (1) end delete begin insert (A) end insert the procedure and rules
governing the survey of public lands as set forth in Manual of
Surveying Instructions (2009), published by the federal Bureau of
Land begin delete Management and (2) end delete begin insert Management, and (B) end insert the principles of
real property relating to boundaries and conveyancing.

begin delete

(c) The board may by rule provide for a waiver of the first
division of the examination for applicants whose education and
experience qualifications substantially exceed the requirements of
Section 8742.

(d) The board may by rule provide for a waiver of the second
division of the examination and the assignment to a special
examination for those applicants whose educational qualifications
are equal to, and whose experience qualifications substantially
exceed, those qualifications established under subdivision (c). The
special examination may be either written or oral, or a combination
of both.

end delete

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 8741.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8741.1.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert The first division of the examination shall test
the applicant’s fundamental knowledge of surveying, mathematics,
and basic science. end insert

begin insert

(b) The second division of the examination shall test the
applicant’s ability to apply his or her knowledge and experience
and to assume responsible charge in the professional practice of
land surveying.

end insert

begin insert The end insert second division of the examination begin delete for licensure as a land
surveyor end delete shall include an examination that incorporates a national
examination for land surveying by a nationally recognized entity
approved by the begin delete board, end delete begin insert board end insert and a supplemental California
specific examination. The California specific examination shall
begin insert include, as a separate part, an examination to end insert test the applicant’s
knowledge of the provisions of this chapter and the board’s rules
and regulations regulating the practice of professional land
surveying in this state.

begin delete

The board shall use the national examination on or before June
1, 2003. In the meantime, the board may continue to provide the
current state-only second division examination and administer the
test on the provisions of this chapter and board rules as a separate
part of the second division examination for licensure as a land
surveyor.

end delete begin insert

(c) The board may by rule provide a waiver of the first division
of the examination for applicants whose education and experience
qualifications substantially exceed the requirements of Section
8742.

end insert begin insert

(d) The board may by rule provide for a waiver of the second
division of the examination and the assignment to a special
examination for those applicants whose educational qualifications
are equal to, and whose experience qualifications substantially
exceed, those qualifications established under subdivision (c). The
special examination may be either written or oral, or a combination
of both.

end insert

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 8742 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8742.  

(a) The educational qualifications and experience in
land surveying, which an applicant for begin delete the second division
examination end delete begin insert a license as a land surveyor end insert shall possess, shall not
be less than one of the following prescribed criteria:

(1) Graduation from a four-year curriculum with an emphasis
in land surveying approved by the board or accredited by a national
or regional accrediting agency recognized by the United States
Office of Education at a postsecondary educational institution and
two years of actual broad based progressive experience in land
surveying, including one year of responsible field training and one
year of responsible office training, satisfactory to the board.

(2) Actual broad based progressive experience in land surveying
for at least six years, including one year of responsible field training
and one year of responsible office training, satisfactory to the
board.

(3)  begin delete Registration end delete begin insert Licensure end insert as a civil engineer with two years of
actual broad based progressive experience in land surveying
satisfactory to the board.

(b) With respect to an applicant for a license as a land surveyor,
the board shall count one year of postsecondary education in land
surveying as one year of experience in land surveying up to a
maximum of four years, provided the applicant has graduated from
the course in land surveying and the curriculum in land surveying
is approved by the board or is accredited by a regional or national
accrediting agency recognized for the purpose by the United States
Office of Education. Each year of study in an approved or an
accredited course in land surveying without graduation shall be
counted the same as one-half year of experience.

Each applicant claiming equivalent credit for education may be
required to produce a complete transcript of all college level
courses completed.

Until January 1, 2000, the board may, at its discretion, confer
credit as experience in land surveying, not in excess of two years,
for successfully passing the first division of the examination
prescribed in Section begin delete 8741. end delete begin insert 8741.1. end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 8743 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

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 begin insert or her end insert to certify to the
applicant’s professional integrity, ability and fitness to receive a
license, shall be submitted with the application for begin delete the second
division of the examination. end delete begin insert a license as a land surveyor. end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 8744 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8744.  

The applicant for begin delete the second division of the examination end delete
begin insert a license as a land surveyor end insert shall state in his begin insert or her end insert application
that, should he begin insert or she end insert be licensed, he begin insert or she end insert will support the
Constitution of this State and of the United States, and that he begin insert or
she end insert will faithfully discharge the duties of a licensed land surveyor.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 8747 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8747.  

Any applicant who has begin delete passed the examinations end delete begin insert met the
requirements for certification or licensure end insert prescribed by the board
begin insert under this chapter end insert shall have a suitable license issued to him or
her.

(a) An applicant who has begin delete passed the first division of the
examination end delete begin insert met the requirements of subdivision (a) and (b) of
Section 8741 end insert shall be issued a certificate as a land
surveyor-in-training. begin delete No end delete begin insert A end insert renewal or other fee, other than the
application fee, shall begin insert not end insert be charged for this certification. This
certificate shall become invalid upon the person begin delete passing the second
division of the examination and end delete being issued a license as a land
surveyor, as provided in subdivision (b). A land
surveyor-in-training certificate shall not authorize the holder thereof
to practice or offer to practice land surveying. begin delete No end delete begin insert A end insert person shall
begin insert not end insert use the title of land surveyor-in-training, or any abbreviation
of this title, unless he or she is the holder of a valid land
surveyor-in-training certificate.

(b) An applicant who has begin delete passed the second division of the
examination end delete begin insert met the requirements of subdivision (d) of Section
8741 end insert shall be issued a license as a land surveyor. The license shall
authorize him or her to practice as a land surveyor.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 8748.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

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 begin delete admission to the examination
for end delete such license or certification, the board may, in accordance with
the provisions of Section 158 of this code, refund to him begin insert or her end insert
one-half of the amount of his begin insert or her end insert application fee.

begin delete SEC. 9. end delete

begin insert SEC. 29. end insert   

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 five
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.

begin delete SEC. 10. end delete

begin insert SEC. 30. end insert   

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

8803.  

(a) A license that is not renewed within five years after
its expiration may not be renewed, restored, reissued, or reinstated.
After five years after expiration, the holder of a license may apply
for and obtain a new license subject to the following:

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

(2) He or she takes and passes the examination, if any, that
would be required if applying for the license for the first time.

(b) 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 license is issued without an examination pursuant to this
section.

begin delete SEC. 11. end delete

begin insert SEC. 31. end insert   

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

8803.1.  

Once an expired or delinquent license is renewed
pursuant to Section 8802, 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 renewal 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.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 8805 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

8805.  

The amount of the fees prescribed by this chapter shall
be fixed by the board in accordance with the following schedule:

(a) The fee for filing each application for licensure as a land
surveyor at not more than four hundred dollars ($400) and for each
application for certification as a land surveyor-in-training (LSIT)
at not more than one hundred dollars ($100).

(b) The fees to take an examination administered by a public
or private organization pursuant to Section 8745 shall be no greater
than the actual cost of the development and administration of the
examination and may be paid directly to the organization by the
applicant.

(c) The renewal fee for a land surveyor at not more than begin delete the
application fee. end delete begin insert end insert begin insert four hundred dollars ($400). end insert

(d) The fee for a retired license at not more than 50 percent of
the professional land surveyor application fee in effect on the date
of application.

(e) The delinquency fee at not more than 50 percent of the
renewal fee in effect on the date of reinstatement.

(f) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee shall be no more than the costs
incurred by the board.

(g) All other document fees are to be set by the board by rule.