BILL NUMBER: SB 1863 CHAPTERED 09/30/00 CHAPTER 1054 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 30, 2000 PASSED THE SENATE AUGUST 28, 2000 PASSED THE ASSEMBLY AUGUST 23, 2000 AMENDED IN ASSEMBLY AUGUST 21, 2000 AMENDED IN ASSEMBLY JUNE 14, 2000 AMENDED IN SENATE APRIL 13, 2000 INTRODUCED BY Committee on Business and Professions (Senators Figueroa (Chair), Johannessen, Kelley, Murray, O'Connell, Polanco, and Speier) FEBRUARY 24, 2000 An act to amend Sections 128.5, 130, 149, 205, 5151, 5154, 5502, 5536, 5565, 5601, 5602, 5603, 5610, 5640, 5642, 5650, 5651, 5681, 5682, 5683, 8761, and 8771 of, to amend and repeal Section 5620 of, to add Sections 5110, 5111, 5112, and 5113 to, and to repeal Section 5643 of, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST SB 1863, Committee on Business and Professions. Professions and vocations. (1) Existing law provides for the licensing and regulation of architects and landscape architects by the California Architects Board. Existing law provides that it is a misdemeanor for any person to engage in the practice of architecture or landscape architecture and other associated activities without a license. Existing law authorizes the board to issue a temporary landscape architect certificate to a person from another state meeting certain qualifications. Existing law also provides for a written landscape architect examination in order to obtain a license, which examination may be waived by the board if the applicant is licensed in another state and has passed a uniform national examination as well as a written examination in that state, as specified. This bill would increase the fines applicable to a violation of these provisions and would delete the provisions relating to the issuance of a landscape architect temporary certificate. This bill would allow the board to waive the requirement for the landscape architect written examination if an applicant has passed an equivalent written examination or meets a certain certification, and passes a California supplemental examination, if that supplemental examination is required of all California applicants. This bill would make other related changes. (2) Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board for Professional Engineers and Land Surveyors. This bill would make various changes relating to the requirements governing a map or plat issued by a licensed land surveyor or registered civil engineer and the requirements relating to the filing of a corner record or record of survey. This bill would clarify that the seal of a licensee may not be used if the licensee's registration has expired, or has been suspended or revoked. (3) Under existing law, the California Board of Accountancy regulates those engaged in the practice of public accounting and requires, among other matters, that an applicant for a certified public accountant license pass an examination, as specified. This bill would authorize the board to take specified actions against any individual it suspects has committed particular acts in connection with applying for or taking a licensing examination, as defined, including incidents of cheating or subverting an examination. (4) This bill would incorporate additional changes in Section 149 of the Business and Professions Code proposed by AB 2889, to become operative only if both bills are enacted and become operative on or before January 1, 2001, and this bill is enacted last. (5) This bill would incorporate additional changes in Section 205 of the Business and Professions Code to become operative only if AB 2888 is also enacted and becomes operative on or before January 1, 2001. (6) This bill would make other related changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 128.5 of the Business and Professions Code is amended to read: 128.5. (a) Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies referred to in subdivision (b), has unencumbered funds in an amount that equals or is more than the agency's operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency's operating budget for the next two fiscal years. (b) Notwithstanding any other provision of law, if at the end of any fiscal year, the California Architects Board, the Board of Behavioral Science Examiners, the Veterinary Medical Board, the Court Reporters Board of California, the Medical Board of California, the Board of Vocational Nursing and Psychiatric Technicians, or the Bureau of Security and Investigative Services has unencumbered funds in an amount that equals or is more than the agency's operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency's operating budget for the next two fiscal years. SEC. 2. Section 130 of the Business and Professions Code is amended to read: 130. (a) Notwithstanding any other provision of law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1. (b) Subdivision (a) applies to the following boards or committees: (1) Medical Board of California. (2) California Board of Podiatric Medicine. (3) Physical Therapy Board. (4) Board of Registered Nursing. (5) Board of Vocational Nursing and Psychiatric Technicians. (6) State Board of Optometry. (7) California State Board of Pharmacy. (8) Veterinary Medical Board. (9) California Architects Board. (10) Landscape Architect Technical Committee. (11) Board for Professional Engineers and Land Surveyors. (12) Contractors' State License Board. (13) State Board of Guide Dogs for the Blind. (14) Board of Behavioral Sciences. (15) Structural Pest Control Board. (16) Bureau of Electronic and Appliance Repair. (17) Court Reporters Board of California. (18) State Board for Geologists and Geophysicists. (19) State Athletic Commission. (20) Osteopathic Medical Board of California. (21) The Respiratory Care Board of California. (22) The Acupuncture Board. (23) The Board of Psychology. SEC. 3. Section 149 of the Business and Professions Code is amended to read: 149. (a) If, upon investigation, an agency designated in subdivision (e) has probable cause to believe that a person is advertising in a telephone directory with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following: (1) Cease the unlawful advertising. (2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9. (c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (e) Subdivision (a) shall apply to the following boards, bureaus, committees, commissions, or programs: (1) The Barbering and Cosmetology Program. (2) The Funeral Directors and Embalmers Program. (3) The Veterinary Medical Board. (4) The Hearing Aid Dispensers Advisory Commission. (5) The Landscape Architects Technical Committee. (6) The California Board of Podiatric Medicine. (7) The Respiratory Care Board of California. (8) The Bureau of Home Furnishings and Thermal Insulation. (9) The Bureau of Security and Investigative Services. (10) The Bureau of Electronic and Appliance Repair. (11) The Bureau of Automotive Repair. (12) The California Architects Board. (13) The Speech-Language Pathology and Audiology Board. (14) The Board for Professional Engineers and Land Surveyors. (15) The Board of Behavioral Sciences. (16) The State Board for Geologists and Geophysicists. (17) The Structural Pest Control Board. (18) The Acupuncture Board. (19) The Board of Psychology. (20) The California Board of Accountancy. SEC. 3.5. Section 149 of the Business and Professions Code is amended to read: 149. (a) If, upon investigation, an agency designated in subdivision (e) has probable cause to believe that a person is advertising in a telephone directory with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following: (1) Cease the unlawful advertising. (2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9. (c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (e) Subdivision (a) shall apply to the following boards, bureaus, committees, commissions, or programs: (1) The Bureau of Barbering and Cosmetology. (2) The Cemetery and Funeral Bureau. (3) The Veterinary Medical Board. (4) The Hearing Aid Dispensers Advisory Commission. (5) The Landscape Architects Technical Committee. (6) The California Board of Podiatric Medicine. (7) The Respiratory Care Board of California. (8) The Bureau of Home Furnishings and Thermal Insulation. (9) The Bureau of Security and Investigative Services. (10) The Bureau of Electronic and Appliance Repair. (11) The Bureau of Automotive Repair. (12) The California Architects Board. (13) The Speech-Language Pathology and Audiology Board. (14) The Board for Professional Engineers and Land Surveyors. (15) The Board of Behavioral Sciences. (16) The State Board for Geologists and Geophysicists. (17) The Structural Pest Control Board. (18) The Acupuncture Board. (19) The Board of Psychology. (20) The California Board of Accountancy. SEC. 4. Section 205 of the Business and Professions Code is amended to read: 205. (a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds: (1) Accountancy Fund. (2) California Board of Architectural Examiners Fund. (3) Athletic Commission Fund. (4) Bureau of Barbering and Cosmetology Contingent Fund. (5) Cemetery Fund. (6) Contractors' License Fund. (7) State Dentistry Fund. (8) State Funeral Directors and Embalmers Fund. (9) Guide Dogs for the Blind Fund. (10) Bureau of Home Furnishings and Thermal Insulation Fund. (11) California Board of Architectural Examiners-Landscape Architects Fund. (12) Contingent Fund of the Medical Board of California. (13) Optometry Fund. (14) Pharmacy Board Contingent Fund. (15) Physical Therapy Fund. (16) Private Investigator Fund. (17) Professional Engineers' and Land Surveyors' Fund. (18) Consumer Affairs Fund. (19) Behavioral Sciences Fund. (20) Licensed Midwifery Fund. (21) Court Reporters' Fund. (22) Structural Pest Control Fund. (23) Veterinary Medical Board Contingent Fund. (24) Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund. (25) State Dental Auxiliary Fund. (26) Electronic and Appliance Repair Fund. (27) Geology and Geophysics Fund. (28) Dispensing Opticians Fund. (29) Acupuncture Fund. (30) Hearing Aid Dispensers Fund. (31) Physician Assistant Fund. (32) Board of Podiatric Medicine Fund. (33) Psychology Fund. (34) Respiratory Care Fund. (35) Speech-Language Pathology and Audiology Fund. (36) Board of Registered Nursing Fund. (37) Nursing Home Administrator's State License Examining Board Fund. (38) Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund. (39) Animal Health Technician Examining Committee Fund. (40) Structural Pest Control Education and Enforcement Fund. (41) Structural Pest Control Research Fund. (b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. SEC. 4.5. Section 205 of the Business and Professions Code is amended to read: 205. (a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds: (1) Accountancy Fund. (2) California Board of Architectural Examiners' Fund. (3) Athletic Commission Fund. (4) Barbering and Cosmetology Contingent Fund. (5) Cemetery Fund. (6) Contractors' License Fund. (7) State Dentistry Fund. (8) State Funeral Directors and Embalmers Fund. (9) Guide Dogs for the Blind Fund. (10) Bureau of Home Furnishings and Thermal Insulation Fund. (11) California Board of Architectural Examiners-Landscape Architects Fund. (12) Contingent Fund of the Medical Board of California. (13) Optometry Fund. (14) Pharmacy Board Contingent Fund. (15) Physical Therapy Fund. (16) Private Investigator Fund. (17) Professional Engineers' and Land Surveyors' Fund. (18) Consumer Affairs Fund. (19) Behavioral Sciences Fund. (20) Licensed Midwifery Fund. (21) Court Reporters' Fund. (22) Structural Pest Control Fund. (23) Veterinary Medical Board Contingent Fund. (24) Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund. (25) State Dental Auxiliary Fund. (26) Electronic and Appliance Repair Fund. (27) Geology and Geophysics Fund. (28) Dispensing Opticians Fund. (29) Acupuncture Fund. (30) Hearing Aid Dispensers Fund. (31) Physician Assistant Fund. (32) Board of Podiatric Medicine Fund. (33) Psychology Fund. (34) Respiratory Care Fund. (35) Speech-Language Pathology and Audiology Fund. (36) Board of Registered Nursing Fund. (37) Nursing Home Administrator's State License Examining Board Fund. (38) Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund. (39) Animal Health Technician Examining Committee Fund. (40) Structural Pest Control Education and Enforcement Fund. (41) Structural Pest Control Research Fund. (b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. SEC. 5. Section 5110 is added to the Business and Professions Code, to read: 5110. (a) After notice and an opportunity for a hearing, the board may deny an application to take the licensing examination, deny admission to current and future licensing examinations, void examination grades, and deny an application for a license or registration to any individual who has committed any of the following acts: (1) Made any false, fraudulent, or materially misleading statement or a material omission in any application for a license, examination, or registration. (2) Cheated or subverted or attempted to subvert any licensing examination. (3) Aided, abetted, or conspired with any other person to violate paragraph (1) or (2). (4) Any act that if committed by an applicant for licensure would be grounds for denial of a license or registration under Section 480 or if committed by a licensee or a registrant would be grounds for discipline under Section 5100. (5) Any act committed outside of this state that would be a violation of this article if committed within this state. (b) Neither the withdrawal of an application for examination, licensure, or registration, nor the expulsion or voluntary departure from an examination shall deprive the board of its authority to deny an application for, or admittance to, current or future licensing examinations, or to commence or continue a proceeding based on a violation of this article. (c) Nothing in this article shall be construed to limit the authority of the board to refuse admittance to or to remove from the licensing examination, any person suspected of cheating or failing to comply with examination procedures or requirements. (d) The term "licensing examination" includes the Uniform Certified Public Accountant examination, ethics examination, and any other professional or vocational licensing examination offered or administered by, or through, the board or other agencies within or outside of this state, for professional or vocational licensing purposes. (e) The board may take any of the actions described in subdivision (a) based upon any determination, decision, ruling, or finding made by any state or other governmental entity, foreign or domestic, that any individual has committed any of the actions described in paragraphs (1) to (5), inclusive, of subdivision (a). (f) The provisions of this section are in addition to any other remedies that may be available under other provisions of law including, but not limited to, those set forth in Sections 123, 480, and 496. SEC. 6. Section 5111 is added to the Business and Professions Code, to read: 5111. Cheating on, or subverting or attempting to subvert any licensing examination includes, but is not limited to, engaging in, soliciting, or procuring any of the following: (a) Any communication between one or more examinees and any person, other than a proctor or exam official, while the examination is in progress. (b) Any communication between one or more examinees and any other person at any time concerning the content of the examination including, but not limited to, any exam question or answer, unless the examination has been publicly released by the examining authority or jurisdiction. (c) The taking of all or a part of the examination by a person other than the applicant. (d) Possession or use at any time during the examination or while the examinee is on the examination premises of any device, material, or document that is not expressly authorized for use by examinees during the examination including, but not limited to, notes, crib sheets, text books, and electronic devices. (e) Failure to follow any exam instruction or rule related to exam security. (f) Providing false, fraudulent, or materially misleading information concerning education, experience, or other qualifications as part of, or in support of, any application for admission to any professional or vocational examination. SEC. 7. Section 5112 is added to the Business and Professions Code, to read: 5112. (a) The board may deny an application to take the licensing examination, deny admittance to current and future licensing examinations, and void examination grades on the grounds set forth in Section 5110 using either of the following procedures: (1) Notifying the individual in writing of all of the following: (A) The action the board has taken. (B) The reasons the action was taken. (C) The earliest date on which the individual may reapply for admittance to the licensing examination. (D) The individual's right to a hearing under the provisions of Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code if a written request for a hearing is made within 60 days from the date of the board's notice. If the individual does not request a hearing, the board's action shall become final at the expiration of this 60-day period. (2) Filing and serving a statement of issues in accordance with Section 11504 of the Government Code. (b) The board shall issue the notice of action under paragraph (1) of subdivision (a) or file and serve the statement of issues under paragraph (2) of subdivision (a) within five years of the last day of the examination with respect to which the alleged prohibited act was committed or within three years of the discovery of the commission of the alleged prohibited act, whichever occurs later. SEC. 8. Section 5113 is added to the Business and Professions Code, to read: 5113. An individual who has been denied admission to the licensing examination under Section 5110 may petition the board for admission to the Certified Public Accountant examination not less than one year after the effective date of the decision issued by the board following a hearing held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code or, if there was no hearing, may petition the board not less than one year after the decision or action pursuant to the notice of action issued by the board becomes final as provided in subparagraph (D) of paragraph (1) of subdivision (a) of Section 5112, unless the decision or notice of action issued by the board specifies a different timeframe within which this petition may be filed. However, in no event shall the timeframe specified by the board be more than three years from the effective date of the board's decision or from the date that the board's action pursuant to the notice of action becomes final. SEC. 9. Section 5151 of the Business and Professions Code is amended to read: 5151. An applicant for registration as an accountancy corporation shall supply to the board all necessary and pertinent documents and information requested by the board concerning the applicant's plan of operation. The board may provide forms of application. If the board finds that the corporation is duly organized and existing under the General Corporation Law or the foreign corporation is duly qualified for the transaction of intrastate business pursuant to the General Corporation Law, that, except as otherwise permitted under Section 5053 or 5079, each officer, director, shareholder, or employee who will render professional services is a licensed person as defined in the Moscone-Knox Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices, and that from the application it appears that the affairs of the corporation will be conducted in compliance with law and the rules and regulations of the board, the board shall upon payment of the registration fee in the amount as it may determine, issue a certificate of registration. The applicant shall include with the application for each shareholder of the corporation licensed in a foreign country but not in this state or in any other state, territory, or possession of the United States, a certificate from the authority in the foreign country currently having final jurisdiction over the practice of accounting, which shall verify the shareholder' s admission to practice in the foreign country, the date thereof, and the fact that the shareholder is currently in good standing as the equivalent of a certified public accountant or public accountant. If the certificate is not in English, there shall be included with the certificate a duly authenticated English translation thereof. The application shall be signed and verified by an officer of the corporation. SEC. 10. Section 5154 of the Business and Professions Code is amended to read: 5154. Except as provided in Section 5079 of this code and in Section 13403 of the Corporations Code, each director, shareholder, and officer of an accountancy corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices. SEC. 11. Section 5502 of the Business and Professions Code is amended to read: 5502. As used in this chapter, board refers to the California Architects Board. SEC. 12. Section 5536 of the Business and Professions Code is amended to read: 5536. (a) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment, for any person who is not licensed to practice architecture under this chapter to practice architecture in this state, to use any term confusingly similar to the word architect,, to use the stamp of a licensed architect, as provided in Section 5536.1, or to advertise or put out any sign or card or other device that might indicate to the public that he or she is an architect, that he or she is qualified to engage in the practice of architecture, or that he or she is an architectural designer. (b) It is a misdemeanor, punishable as specified in subdivision (a), for any person who is not licensed to practice architecture under this chapter to affix a stamp or seal that bears the legend "State of California" or words or symbols that represent or imply that the person is so licensed by the state to plans, specifications, or instruments of service. (c) It is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered or otherwise licensed by the state as a building designer. SEC. 13. Section 5565 of the Business and Professions Code is amended to read: 5565. The decision may: (a) Provide for the immediate complete suspension by the holder of the license of all operations as an architect during the period fixed by the decision. (b) Permit the holder of the license to complete any or all contracts for the performance of architectural services shown by evidence taken at the hearing to be then unfinished. (c) Impose upon the holder of the license compliance with any specific conditions as may be just in connection with his or her operations as an architect disclosed at the hearing, and may further provide that until those conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the board. (d) Assess a fine not in excess of five thousand dollars ($5,000) against the holder of a license for any of the causes specified in Section 5577. A fine may be assessed in lieu of, or in addition to, a suspension or revocation. All fines collected pursuant to this subdivision shall be deposited to the credit of the California Architects Board Fund. SEC. 14. Section 5601 of the Business and Professions Code is amended to read: 5601. Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be paid into the State Treasury to the credit of the California Architects Board Fund. SEC. 15. Section 5602 of the Business and Professions Code is amended to read: 5602. The money paid into the California Architects Board Fund, which is hereby continued in existence, shall be used in the manner prescribed by law to defray the expenses of the board in carrying out and enforcing the provisions of this chapter. SEC. 16. Section 5603 of the Business and Professions Code is amended to read: 5603. The board shall make available to local building departments, and others upon request, an official roster listing the name, license number, and address of all its licensees issued licenses pursuant to this chapter and who are in good standing. The roster shall be open to inspection by the public during office hours of the board. Except for local building departments, the board may charge a fee for the maintenance, publication, and distribution of the roster, not to exceed the actual cost. All fees collected pursuant to this section shall be deposited in the California Architects Board Fund. SEC. 17. Section 5610 of the Business and Professions Code is amended to read: 5610. A professional architectural corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are licensed architects, are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations pertaining to the corporation and the conduct of its affairs. With respect to an architectural corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California Architects Board. SEC. 18. Section 5620 of the Business and Professions Code is amended to read: 5620. The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477. (a) There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3. Whenever in this chapter "board" is used it refers to the California Architects Board. (b) Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architect Technical Committee. (c) After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations. (d) The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter. (e) This section shall become inoperative on July 1, 2004, and as of January 1, 2005, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2005, deletes or extends the date on which it becomes inoperative and is repealed. SEC. 19. Section 5640 of the Business and Professions Code is amended to read: 5640. It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment, for any person, who, without possessing a valid, unrevoked license as provided in this chapter, engages in the practice of landscape architecture or uses the title or term "Landscape Architect" in any sign, card, listing, advertisement, or in any other manner that would imply or indicate that he or she is a landscape architect as defined in Section 5615. SEC. 20. Section 5642 of the Business and Professions Code is amended to read: 5642. This chapter shall not be deemed to prevent a landscape architect from forming a partnership, firm, or corporation with, or employing, persons who are not landscape architects if the signature, date, and license number of the landscape architect appears on all instruments of service. In no case shall the other members of the partnership, firm, or corporation be designated or described as landscape architects. The name of the licensed landscape architect shall appear wherever the firm name is used in the professional practice of the partnership, firm, or corporation, and the landscape architect shall reside in California when the partnership, firm, or corporation maintains a California office or mailing address. The name of the licensee shall appear on all partnership, firm, or corporation stationery, brochures, business cards and any instruments of service used or provided in the professional practice of the partnership, firm, or corporation. No partnership, firm, or corporation shall engage in the practice of landscape architecture unless the work is under the immediate and responsible direction of a licensee of the board. Failure of any person to comply with this section constitutes a ground for disciplinary action. SEC. 21. Section 5643 of the Business and Professions Code is repealed. SEC. 22. Section 5650 of the Business and Professions Code is amended to read: 5650. Subject to the rules and regulations governing examinations, any person, over the age of 18 years, who has had six years of training and educational experience in actual practice of landscape architectural work shall be entitled to an examination for a license to practice landscape architecture. A degree from a school of landscape architecture approved by the board shall be deemed equivalent to four years of training and educational experience in the actual practice of landscape architecture. Before taking the examination, a person shall file an application therefor with the executive officer and pay the application fee fixed by this chapter. SEC. 23. Section 5651 of the Business and Professions Code is amended to read: 5651. (a) The board shall by means of examination, ascertain the professional qualifications of all applicants for licenses to practice landscape architecture in this state and shall issue a license to every person whom it finds to be qualified on payment of the initial license fee prescribed by this chapter. (b) The examination shall consist of a written examination. The written examination may be waived by the board if the applicant (1) has passed a written examination equivalent to that which was required in California at that time or is certified by the Council of Landscape Architects Registration Boards and has submitted proof of job experience equivalent to that which is required of California candidates and (2) has passed the California supplemental examination if, at the time of application, it is required of all California applicants. SEC. 24. Section 5681 of the Business and Professions Code is amended to read: 5681. The fees prescribed by this chapter for landscape architect applicants and landscape architect licensees shall be fixed by the board as follows: (a) The application fee for reviewing an applicant's eligibility to take any section of the examination may not exceed one hundred dollars ($100). (b) The fee for any section of the examination administered by the board shall not exceed the actual cost to the board for purchasing and administering each exam. (c) The fee for an original license may not exceed four hundred dollars ($400), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall equal 50 percent of the fee fixed by the board for an original license. The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire. (d) The fee for a duplicate license may not exceed fifty dollars ($50). (e) The renewal fee may not exceed four hundred dollars ($400). (f) The penalty for failure to notify the board of a change of address within 30 days from an actual change in address may not exceed fifty dollars ($50). (g) The delinquency fee shall be 50 percent of the renewal fee for the license in effect on the date of the renewal of the license, but not less than fifty dollars ($50) nor more than two hundred dollars ($200). (h) The fee for filing an application for approval of a school pursuant to Section 5650 may not exceed six hundred dollars ($600) charged and collected on an biennial basis. SEC. 25. Section 5682 of the Business and Professions Code is amended to read: 5682. Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be paid into the State Treasury to the credit of the California Architects Board-Landscape Architects Fund, which is hereby created. SEC. 26. Section 5683 of the Business and Professions Code is amended to read: 5683. The money paid into the California Architects Board-Landscape Architects Fund is continuously appropriated to the board for expenditure in the manner prescribed by law to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter. SEC. 27. Section 8761 of the Business and Professions Code is amended to read: 8761. Any licensed land surveyor or registered civil engineer may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection with that practice. All maps, plats, reports, descriptions, or other documents issued by the licensed land surveyor or registered civil engineer shall be signed by the surveyor or engineer to indicate the surveyor' s or engineer's responsibility for them. In addition to the signature, the map, plat, report, description, or other document shall bear the seal or stamp of the licensee or registrant and the expiration date of the license or registration. If the map, plat, report, description, or other document has multiple pages or sheets, the signature, seal or stamp, and expiration date of the license or registration need only appear on the originals of the map or plat and on the title sheet of the report, description, or other document. It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other document unless the person is authorized to practice land surveying. It is unlawful for any person to stamp or seal any map, plat, report, description, or other document with the seal after the certificate of the licensee that is named on the seal has expired or has been suspended or revoked, unless the certificate has been renewed or reissued. SEC. 28. Section 8771 of the Business and Professions Code is amended to read: 8771. (a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey. (b) When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location if any monument could be destroyed, damaged, covered, or otherwise obliterated, and a corner record or record of survey filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, streets or right-of-way or easement lines shall not be deemed adequate for this purpose unless specifically noted on the corner record or record of survey of the improvement works with direct ties in bearing or azimuth and distance between these and other monuments of record. (c) The decision to file either the required corner record or a record of survey pursuant to subdivision (b) shall be at the election of the licensed land surveyor or registered civil engineer submitting the document. SEC. 29. Section 3.5 of this bill incorporates amendments to Section 149 of the Business and Professions Code proposed by both this bill and AB 2889. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 149 of the Business and Professions Code, and (3) this bill is enacted after AB 2889, in which case Section 3 of this bill shall not become operative. SEC. 30. Section 4.5 shall become operative only if AB 2888 of the 1999-2000 Regular Session is enacted and becomes operative on or before January 1, 2001, in which case Section 4 shall not become operative.