Amended in Assembly June 21, 2016

Amended in Assembly May 17, 2016

Amended in Senate March 29, 2016

Senate Bill No. 1165

Introduced by Senator Cannella

February 18, 2016

An act to amend Sections 6751, 6755, 6756, 6762, 6763.5, 6796, 6796.3, 6796.5, 6799, 7835, 7835.1, 7841, begin insert 7841.2, end insert 7842, 7843, 7850, 7850.1, 7850.5, 7852, 7852.1, 7884, 8731, 8740, 8741, 8741.1, 8742, 8743, 8744, 8747, 8748.5, 8802, 8803, 8803.1, and 8805 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

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

The Board for Professional Engineers, Land Surveyors, and Geologists, which is within the Department of Consumer Affairs, administers the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors’ Act. Those acts provide for licensure and regulation of those respective professions by the board.

The Professional Engineers Act requires an applicant for registration as a professional engineer to meet specified requirements, including that an applicant for the begin delete second end delete begin insert 2nd end insert 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 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. That act prohibits the renewal, restoration, reinstatement, or reissuance of these certificates unless the applicant meets certain requirements. 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.

This bill would delete the requirement that an applicant for licensure as a professional engineer pass the first division examination in order to sit for the begin delete second end delete begin insert 2nd end insert 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 extend the 3-year renewal period to 5 years after expiration of the certificate of licensure or certificate of authority. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of those certificates after 5 years and would authorize the holder of the 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 require the renewal fee for a license to be no more than $400. The bill would also make other technical and conforming changes.

Existing law, the Geologist and Geophysicist Act, requires an applicant for licensure as a geologist to meet certain requirements, including graduation from a college or university with a major in geological sciences or any other discipline, that in the opinion of the board, is relevant to geology, and requires an applicant for a certification in a specialty in geology to meet certain requirements, including 7 years of specified professional geological work. begin insert That act also requires an applicant for certification as a geologist-in-training to meet certain requirements, including graduation from a college or university with a major in geological sciences or any other discipline, that in the opinion of the board, is relevant to geology. end insert That act 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 additionally allow an applicant for licensure as a begin delete geologist, end delete begin insert geologist, or for certification as a geologist-in-training, end insert instead of the begin delete above-mentioned end delete begin insert applicable end insert graduation begin delete requirement, end delete begin insert requirement described above, end insert to have completed a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geology and would require that at least 24 semester hours, or the equivalent, be in upper division or graduate courses. The bill would additionally require an applicant for a certification in a specialty in geology to successfully pass a written examination in that specialty. The 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 Professional Land Surveyors’ Act requires an applicant for licensure under the act to meet specified requirements, including successfully passing the begin delete second end delete begin insert 2nd end insert division of the examination, and requires an applicant for a certificate as a begin delete land-surveyor-in-training end delete begin insert land surveyor-in-training end insert 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 generally permits licensees to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance of a license unless the applicant meets certain requirements. 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.

This bill would 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 extend the period within which a renewal of a license may be made to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of a license after 5 years and 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. The bill would require the renewal fee for a license to be no more than $400. 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 6751 of the Business and Professions
Code is amended to read:

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 licensure under Section 480.

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

(3) Satisfactorily complete three 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.

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

(c) The applicant for licensure as a professional engineer shall
comply with all of the following:

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

(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.

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

SEC. 2.  

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

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.

(b) 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
subdivision (a) of Section 6751.

(c) The board may by rule provide for a waiver of the second
division of the examination for persons eminently qualified for
licensure 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.

SEC. 3.  

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

6756.  

(a) An applicant for certification as an
engineer-in-training shall, upon meeting all of the requirements
prescribed in subdivisions (a) and (b) of Section 6751, be issued
a certificate as an engineer-in-training. A renewal or other fee,
other than the application and examination fees, shall 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.

SEC. 4.  

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

6762.  

Any applicant for licensure as a professional engineer,
upon meeting all of the requirements prescribed in subdivision (c)
of Section 6751 and who 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.

SEC. 5.  

Section 6763.5 of the Business and Professions Code
is amended to read:

6763.5.  

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

SEC. 6.  

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.

SEC. 7.  

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 begin delete may end delete begin insert shall end insert 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.

SEC. 8.  

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
of the following shall apply:

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

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

SEC. 9.  

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

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 four hundred dollars ($400).

(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.

SEC. 10.  

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.

SEC. 11.  

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.

SEC. 12.  

Section 7841 of the Business and Professions Code
is amended to read:

7841.  

An applicant for licensure as a geologist shall have all
the following qualifications:

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

(b) Meet either of the following educational requirements
fulfilled at a school or university whose curricula meet criteria
established by rules of the board:

(1) Graduation from a college or university with a major in
geological sciences or any other discipline that, in the opinion of
the board, is relevant to geology.

(2) Completion of a combination of at least 30 semester hours,
or the equivalent, in courses that, in the opinion of the board, are
relevant to geology. At least 24 semester hours, or the equivalent,
shall be in upper division or graduate courses.

(c) Have a documented record of a minimum of five years of
professional geological experience of a character satisfactory to
the board, demonstrating that the applicant is qualified to assume
responsible charge of this work upon licensure as a geologist. This
experience shall be gained under the supervision of a geologist or
geophysicist licensed in this or any other state, or under the
supervision of others who, in the opinion of the board, have the
training and experience to have responsible charge of geological
work. Professional geological work does not include routine
sampling, laboratory work, or geological drafting.

Each year of undergraduate study in the geological sciences shall
count as one-half year of training up to a maximum of two years,
and each year of graduate study or research counts as a year of
training.

Teaching in the geological sciences at college level shall be
credited year for year toward meeting the requirement in this
category, provided that the total teaching experience includes six
semester units per semester, or equivalent if on the quarter system,
of upper division or graduate courses.

Credit for undergraduate study, graduate study, and teaching,
individually, or in any combination thereof, shall in no case exceed
a total of three years towards meeting the requirement for at least
five years of professional geological work as set forth above.

The ability of the applicant shall have been demonstrated by the
applicant having performed the work in a responsible position, as
the term “responsible position” is defined in regulations adopted
by the board. The adequacy of the required supervision and
experience shall be determined by the board in accordance with
standards set forth in regulations adopted by it.

(d) Successfully pass a written examination that incorporates a
national examination for geologists created by a nationally
recognized entity approved by the board, and a supplemental
California specific examination. The California specific
examination shall test the applicant’s knowledge of state laws,
rules and regulations, and of seismicity and geology unique to
practice within this state.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 7841.2 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7841.2.  

An applicant for certification as a geologist-in-training
shall comply with all of the following:

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

(b) Successfully pass the Fundamentals of Geology examination.

begin insert

(c) Meet either of the following education requirements fulfilled
at a school or university whose curricula meet criteria established
by the rules of the board:

end insert begin delete

(c)

end delete

begin insert (1) end insert  Graduation from a college or university with a major in
geological sciences or any other discipline that, in the opinion of
the board, is relevant to geology.

begin insert

(2) Completion of a combination of at least 30 semester hours,
or the equivalent, in courses that, in the opinion of the board, are
relevant to geology. At least 24 semester hours, or the equivalent,
shall be in upper division or graduate courses.

end insert

begin delete SEC. 13. end delete

begin insert SEC. 14. end insert   

Section 7842 of the Business and Professions Code
is amended to read:

7842.  

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

(1) 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.

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

(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.

begin delete SEC. 14. end delete

begin insert SEC. 15. end insert   

Section 7843 of the Business and Professions Code
is amended to read:

7843.  

(a) An applicant for certification as a
geologist-in-training shall, upon meeting all the requirements
prescribed in Section 7841.2, be issued a certificate as a
geologist-in-training. A renewal or other fee, other than the
application fee, 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 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 delete SEC. 15. end delete

begin insert SEC. 16. end insert   

Section 7850 of the Business and Professions Code
is amended to read:

7850.  

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

begin delete SEC. 16. end delete

begin insert SEC. 17. end insert   

Section 7850.1 of the Business and Professions Code
is amended to read:

7850.1.  

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

begin delete SEC. 17. end delete

begin insert SEC. 18. end insert   

Section 7850.5 of the Business and Professions Code
is amended to read:

7850.5.  

An applicant for certification as a certified specialty
geologist who meets all the requirements prescribed in Section
7842 and who has otherwise qualified under this chapter in the
specialty, upon payment of the fee fixed by this chapter, 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. 18. end delete

begin insert SEC. 19. 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. 19. end delete

begin insert SEC. 20. 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. 20. end delete

begin insert SEC. 21. 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 begin delete may end delete begin insert shall end insert 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 delete SEC. 21. end delete

begin insert SEC. 22. end insert   

Section 8731 of the Business and Professions Code
is amended to read:

8731.  

A licensed civil engineer and a civil engineer exempt
from licensure under Chapter 7 (commencing with Section 6700)
are exempt from licensing under this chapter and may engage in
the practice of land surveying with the same rights and privileges
and the same duties and responsibilities as a licensed land surveyor,
provided that for civil engineers who become licensed after January
1, 1982, they shall obtain a license as a land surveyor under the
provisions of this chapter, before practicing land surveying as
defined in this chapter.

begin delete SEC. 22. end delete

begin insert SEC. 23. end insert   

Section 8740 of the Business and Professions Code
is amended to read:

8740.  

(a) An application for a certificate as a land
surveyor-in-training or 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 delete SEC. 23. end delete

begin insert SEC. 24. end insert   

Section 8741 of the Business and Professions Code
is amended to read:

8741.  

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

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

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

(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.

(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.

(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).

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

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

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

(3) Successfully passed the second division of the begin delete examination end delete

begin insert examination. end 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 begin delete of end delete begin insert or end insert 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.

(5) Be thoroughly familiar with (A) 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 Management, and (B) the principles of real property relating
to boundaries and conveyancing.

begin delete SEC. 24. end delete

begin insert SEC. 25. end insert   

Section 8741.1 of the Business and Professions Code
is amended to read:

8741.1.  

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

(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.

The second division of the examination shall include an
examination that incorporates a national examination for land
surveying by a nationally recognized entity approved by the board
and a supplemental California specific examination. The California
specific examination shall include, as a separate part, an
examination to 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.

(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.

(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.

begin delete SEC. 25. end delete

begin insert SEC. 26. end insert   

Section 8742 of the Business and Professions Code
is amended to read:

8742.  

(a) The educational qualifications and experience in
land surveying, which an applicant for a license as a land surveyor
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) Licensure 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 8741.1.

begin delete SEC. 26. end delete

begin insert SEC. 27. end insert   

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 and fitness to receive a
license, shall be submitted with the application for a license as a
land surveyor.

begin delete SEC. 27. end delete

begin insert SEC. 28. end insert   

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

8744.  

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

begin delete SEC. 28. end delete

begin insert SEC. 29. end insert   

Section 8747 of the Business and Professions Code
is amended to read:

8747.  

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

(a) An applicant who has met the requirements of subdivision
(a) and (b) of Section 8741 shall be issued a certificate as a land
surveyor-in-training. A renewal or other fee, other than the
application fee, shall not be charged for this certification. This
certificate shall become invalid upon the person 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. A person shall not
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 met the requirements of subdivision
(d) of Section 8741 shall be issued a license as a land surveyor.
The license shall authorize him or her to practice as a land surveyor.

begin delete SEC. 29. end delete

begin insert SEC. 30. end insert   

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 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.

begin delete SEC. 30. end delete

begin insert SEC. 31. 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. 31. end delete

begin insert SEC. 32. 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 begin delete may end delete begin insert shall end insert 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. 32. end delete

begin insert SEC. 33. 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 delete SEC. 33. end delete

begin insert SEC. 34. end insert   

Section 8805 of the Business and Professions Code
is amended to read:

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 four
hundred dollars ($400).

(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.

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CORRECTIONS:

Amended Date--Page 1.

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