BILL NUMBER: SB 136 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2001
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Johannessen and Polanco)
(Coauthors: Assembly Members Aanestad, Correa, and Thomson)
JANUARY 29, 2001
An act to amend Sections 5800, 5810, 6710, 6714,
6795, 6799, 7200, 7215.6, 7800 7801,
7802, 7802.1, 7803, 7803.1, 7805, 7806, 7810, 7811, 7815.5, 7816,
7822, 7832, 7836, 7839, 7839.1, 7840, 7841, 7841.1, 7842, 7844, 7849,
7852, 7860, 7861, 7871, 7872, 7885 , 8710, 8741.1, 8801,
8805, 22251, and 22259 of , to add Sections 5801.1, 5811,
5812, 7801.1, 7802.2, 7802.3, 7803.2, 7803.3, 7803.4, 7803.5, 7806.1,
7808, 7809, 7826, 7832.1, 7836.1, 7837, 7839.2, 7839.3, 7840.1,
7841.3, 7841.4, 7856, 7864, 7865, and 7871.1 to, to repeal Sections
7804, 7804.1, 7807, 7807.1, 7815, 7817, 7818, 7819, 7820, 7823, 7825,
7830.1, 7831, 7834, 7835, 7835.1, 7838, 7845, 7845.1, 7846, 7847,
7848, 7848.1, 7850.1, 7850.5, 7850.6, 7852.1, 7855, 7862, 7863, 7870,
7880, 7881, 7882, 7883, 7884, and 7887 of, and to repeal and add
Sections 7830, 7833, 7842.1, 7850, 7853, and 7854 of, the
Business and Professions Code, relating to professional boards.
LEGISLATIVE COUNSEL'S DIGEST
SB 136, as amended, Figueroa. Professional boards.
(1) Existing law provides for the establishment of
various professional boards within the Department of Consumer
Affairs, including the Board for Geologists and Geophysicists
, and until July 1, 2002, the Board for Professional
Engineers and Land Surveyors.
This bill would extend the operation of the Board for Professional
Engineers and Land Surveyors until July 1, 2004. The bill would
make changes in the dates of operation for various other boards
within the department. Because the bill would impose crimes and
penalties for an extended period of time, the bill would impose a
state-mandated local program.
(2) The Geologists and Geophysicist Act provides for the
examination and registration of geologists and geophysicists by the
Board for Geologists and Geophysicists and requires the board to
enforce the provisions of the act. A violation of the act is a crime.
This bill would require the licensure of a person by the board to
practice as a geologist or geophysicist in California. The bill
would make various changes to the composition and duties of the board
and the regulations relating to the practice of geology and
geophysics. Because a violation of the bill's requirements with
respect to the practice of geology and geophysics would be a crime,
the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5800 of the Business and Professions Code
is amended to read:
5800. As used in this chapter:
(a) "Certified interior designer" means a person who prepares and
submits nonstructural or nonseismic plans consistent with Sections
5805 and 5538 to local building departments that are of sufficient
complexity so as to require the skills of a licensed contractor to
implement them, and who engages in programming, planning, designing,
and documenting the construction and installation of nonstructural or
nonseismic elements, finishes and furnishings within the interior
spaces of a building, and has demonstrated by means of education,
experience and examination, the competency to protect and enhance the
health, safety, and welfare of the public.
(b) An "interior design organization" means a nonprofit
professional organization , exempt from taxation under
Section 501(c)(3) of Title 26 of the United States Code, of
certified interior designers whose governing board shall include
representatives of the public.
SEC. 2. Section 5801.1 is added to the Business and Professions
Code, to read:
5801.1. The procedure for the issuance of a stamp by an interior
design organization under Section 5801, including the examinations
recognized and required by the organization, shall be subject to the
occupational analyses and examination validation required by Section
139 every five to seven years.
SEC. 3. Section 5810 of the Business and Professions Code is
amended to read:
5810. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall remain in effect only until January 1,
2002 2004 , and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2002 2004 , deletes or extends that
date.
SEC. 4. Section 5811 is added to the Business and Professions
Code, to read:
5811. An interior design organization issuing stamps under
Section 5801 shall do the following:
(a) Report to the Joint Legislative Sunset Review Committee by
September 1, 2002, on outreach efforts, examinations, finances,
interactions of the organization, and materials and information.
(b) Have an audit conducted independently of their revenues and
expenditures and provide the results of the audit to the Joint
Legislative Sunset Review Committee within a reasonable time.
SEC. 5. Section 5812 is added to the Business and Professions
Code, to read:
5812. It is an unfair business practice for any person to
represent themselves as a "certified interior designer" unless they
comply with the requirements of this chapter.
SEC. 6. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473). However, the
review of the board shall be limited to only those unresolved issues
identified by the Joint Legislative Sunset Review Committee.
SEC. 2.
SEC. 7. Section 6714 of the Business and Professions Code is
amended to read:
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2005, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 3.
SEC. 8. Section 6795 of the Business and Professions Code is
amended to read:
6795. Certificates of registration as a professional engineer,
and certificates of authority, shall be valid for a period of
four two years from the assigned date
of renewal. Quadrennial Biennial
renewals shall be staggered on a monthly basis. To renew an
unexpired certificate, the certificate holder shall, on or before the
date of expiration indicated on the renewal receipt, apply for
renewal on a form prescribed by the board, and pay the renewal fee
prescribed by this chapter.
SEC. 9. Section 6799 of the Business and Professions Code is
amended to read:
6799. 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 registration as a
professional engineer and each application for authority level
designation at not more than one four
hundred seventy-five dollars ($175)
($400) , and for each application for
certification as an engineer-in-training at not more than
sixty one hundred dollars ($60)
($100) .
(b) The temporary registration fee for a professional engineer at
not more than 25 percent of the application fee in effect on the date
of application.
(c) The renewal fee for each branch of professional engineering in
which registration is held, and the renewal fee for each authority
level designation held, at no more than the professional engineer
application fee currently in effect.
(d) 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.
(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 charged 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.
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 7200 of the Business and Professions Code
is amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by
the Governor. One member shall be the Director of Rehabilitation or
his or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, ____
2008 , and, as of January 1, ____
2009 , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
____ 2009 , deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 4.
SEC. 11. Section 7215.6 of the Business and Professions Code
is amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes which may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards.
The board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by
the arbitration panel and subject to its procedures, each party to
the dispute shall waive any right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The
license of a guide dog school shall not be renewed until all
penalties have been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take
custody of the dog at once. However, if the dog is removed from the
user's custody without the user's concurrence, the school shall
provide to the board the evidence that caused this action to be taken
at once and without fail; and within five calendar days a special
committee of two members of the board shall make a determination
regarding custody of the dog pending hearing by the arbitration
panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall cease to be operative on July 1,
____ 2008 , and as of January 1, ____
2009 , is repealed, unless a later enacted
statute, which is enacted before January 1, ____
2009 , deletes or extends that date.
SEC. 5. Section 7800 of the Business and Professions Code is
amended to read:
7800. This chapter of the Business and Professions Code shall be
known and may be cited as the California Geologist and Geophysicist
Licensing Act.
SEC. 6.
SEC. 12. Section 7801 of the Business and Professions Code is
amended to read:
7801. "Board," as As used in this
chapter, "board" means the Board for Geologists and
Geophysicists. Any reference in any law or regulation to the State
Board of Registration for Geologists and Geophysicists shall be
deemed to refer to the Board for Geologists and Geophysicists.
SEC. 13. Section 7801.1 is added to the Business and Professions
Code, to read:
7801.1. "Department" means the Department of Consumer Affairs.
SEC. 14. Section 7802 of the Business and Professions Code is
amended to read:
7802. "Geology," as used in this chapter,
"Geology" refers to that the
science which treats of the earth in general;
that includes the investigation and evaluation of
the earth's crust and the rocks and other materials which
compose it; and the applied science of utilizing knowledge of the
earth and its earth, including its origin, history,
structure, constituent rocks, soils, minerals,
liquids, and solids, as well as surface and
subsurface waters, gases and other materials for the
benefit of mankind ; and the evaluation of the natural
agents, forces, and processes that cause changes in the earth
.
SEC. 15. Section 7802.1 of the Business and Professions Code is
amended to read:
7802.1. "Geophysics," as used in this chapter,
"Geophysics" refers to that the
science which involves study that
includes the investigation and evaluation of the physical earth
by means of measuring its natural and induced fields of force,
including, but not limited to, seismic, electric, gravity,
and magnetic, and its responses to natural and
induced energy and the interpreting
interpretation of these measurements and the
relating of them to the physics of the earth.
SEC. 16. Section 7802.2 is added to the Business and Professions
Code, to read:
7802.2. The "practice of geology" means the performance or
supervision of, geological service or work for others, including, but
not limited to, investigation, evaluation, planning, surveying,
mapping of geologic phenomena or data, and may include the review,
including regulatory review of geologic work, the performance of
which is relevant to public welfare or the safeguarding of life,
health, property, and the environment, except as otherwise
specifically provided by this chapter.
SEC. 17. Section 7802.3 is added to the Business and Professions
Code, to read:
7802.3. The "practice of geophysics" means the performance or
supervision of, geophysical service or work for others, including,
but not limited to, investigation, evaluation, planning, surveying,
mapping of geologic phenomena or data and may include the review,
including regulatory review, the performance of which is relevant to
the public welfare or the safeguarding of life, health, property, and
the environment, except as otherwise specifically provided by this
chapter.
SEC. 18. Section 7803 of the Business and Professions Code is
amended to read:
7803. "Geologist," as used in this chapter, refers to
"Geologist" means a person engaged
who, by reason of his or her knowledge of geology
acquired by education and practical experience, is qualified to
engage in the practice of geology , as defined by this act
.
SEC. 19. Section 7803.1 of the Business and Professions Code is
amended to read:
7803.1. "Geophysicist," as used in this chapter, refers
to "Geophysicist" means a person
engaged who, by reason of his or her knowledge of
geology, physics, mathematics, and the supporting physical sciences
acquired by education and practical experience, is qualified to
engage in the practice of geophysics , as defined by this
act .
SEC. 20. Section 7803.2 is added to the Business and Professions
Code, to read:
7803.2. "Licensee" means a person licensed under this act.
SEC. 21. Section 7803.3 is added to the Business and Professions
Code, to read:
7803.3. "Licensed geologist" or "professional geologist" means a
geologist who has been issued a license by the Board for Geologists
and Geophysicists.
SEC. 22. Section 7803.4 is added to the Business and Professions
Code, to read:
7803.4. "Licensed geophysicist" or "professional geophysicist"
means a geophysicist who has been issued a license by the Board for
Geologists and Geophysicists.
SEC. 23. Section 7803.5 is added to the Business and Professions
Code, to read:
7803.5. Any reference in any law or regulation to a registered
geologist is deemed to refer to a licensed geologist or professional
geologist. Any reference in any law or regulation to a registered
geophysicist is deemed to refer to a licensed geophysicist or
professional geophysicist.
SEC. 24. Section 7804 of the Business and Professions Code is
repealed.
7804. Only a person registered as a geologist under the
provisions of this chapter shall be entitled to take and use the
title "registered geologist." Only a person registered as a
geologist and certified under the provisions of this chapter shall be
entitled to take and use the title of a registered certified
specialty geologist.
SEC. 25. Section 7804.1 of the Business and Professions Code is
repealed.
7804.1. Only a person registered as a geophysicist under the
provisions of this chapter shall be entitled to take and use the
title "Registered Geophysicist." Only a person registered as a
geophysicist and certified under the provisions of this chapter shall
be entitled to take and use the title of a registered certified
specialty geophysicist.
SEC. 26. Section 7805 of the Business and Professions Code is
amended to read:
7805. The term "responsible charge of work"
"Responsible charge" means the independent control
and , direction , and continuous
involvement, by the use of initiative,
experience, education, skill , and independent
judgment , of geological or geophysical work or the
supervision of such that work.
SEC. 27. Section 7806 of the Business and Professions Code is
amended to read:
7806. A subordinate is "Subordinate"
means any person who assists a registered
licensed geologist or registered
licensed geophysicist , or who assists an exempt person,
in the practice of geology or geophysics without assuming the
responsible charge of the work.
SEC. 28. Section 7806.1 is added to the Business and Professions
Code, to read:
7806.1. "Supervision" is the direct control of subordinates on
projects for which a licensee has responsible charge.
SEC. 29. Section 7807 of the Business and Professions Code is
repealed.
7807. A qualified geologist is a person who possesses all the
qualifications specified in Section 7841 for registration except that
he is not registered.
SEC. 30. Section 7807.1 of the Business and Professions Code is
repealed.
7807.1. A qualified geophysicist is a person who possesses all
the qualifications specified in Section 7841.1 for registration
except that he is not registered.
SEC. 31. Section 7808 is added to the Business and Professions
Code, to read:
7808. "For others" refers to the public; the people of
California.
SEC. 32. Section 7809 is added to the Business and Professions
Code, to read:
7809. As used in this chapter, the following terms relating to
specialties shall have the meanings ascribed to them below:
(a) A "specialty" is any branch of geology or geophysics that has
been recognized pursuant to this chapter for the purposes of
licensure. Engineering geology and hydrogeology shall be considered
to be specialties of geology.
(b) A "certified specialty geologist" is a licensed geologist who
has met the academic and experience qualifications in a specialty of
geology established pursuant to this chapter and has been issued a
license in that specialty by the board.
(c) A "certified specialty geophysicist" is a licensed
geophysicist who has met the academic and experience qualifications
in a specialty of geophysics established pursuant to this chapter and
has been issued a license in that specialty by the board.
(d) "Engineering geology" refers to a specialty of geology that
includes the application of geologic data, techniques, and principles
to the evaluation and prediction of geologic hazards, materials, and
processes that affect land-use planning, design, construction,
operation and maintenance of the built environment, and the
protection, evaluation, development, and remediation of surface and
subsurface water resources.
(e) A "certified engineering geologist" is a licensed geologist
who, by reason of his or her knowledge of engineering geology,
acquired by education and practical experience, and who has passed
examinations required pursuant to this chapter, is licensed to use
the title of certified engineering geologist.
(f) "Hydrogeology" refers to a specialty of geology that includes
the application of the science of geology to the evaluation of the
occurrence, distribution, quantity, quality and movement of water,
gases, particles, and other materials below the surface of the earth,
with particular emphasis given to groundwater quality and
contaminant transport.
(g) A "certified hydrogeologist" is a licensed geologist who, by
reason of his or her knowledge of hydrogeology acquired by education
and practical experience, and who has passed examinations required
pursuant to this chapter, is licensed to use the title certified
hydrogeologist.
SEC. 33. Section 7810 of the Business and Professions Code is
amended to read:
7810. The There is in the Department of
Consumer Affairs a Board for Geologists and Geophysicists
is within the department and is subject to the jurisdiction
of the department . Except as provided in this
section, the The board shall consist
be composed of eight
seven members, five four of whom
shall be public members , two and three
licensed in accordance with the terms of this act. Two of
whom the licensees shall be geologists
, and one of whom shall be a
geophysicist.
Each member shall hold office until the appointment and
qualification of the member's successor or until one year has elapsed
from the expiration of the term for which the member was appointed,
whichever occurs first. Vacancies occurring prior to the expiration
of the term shall be filled by appointment for the remainder of the
unexpired term.
Each appointment member of the board
shall be appointed for a four-year term expiring June 1
of the fourth year following the year in which the previous
term expired . Terms are staggered so that not more
than two appointments are scheduled to be made in any fiscal year,
not including partial terms. No person
member of the board shall serve as a member of the
board for more than two consecutive full terms.
The Governor shall appoint the three licensed
members and two of the public members and the three
members qualified as provided in Section 7811 . The Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a one public member ,
and their initial appointment shall be made to fill, respectively,
the first and second public member vacancies that occurred on or
after January 1, 1983 .
At the time the first vacancy is created by the expiration of the
term of a public member appointed by the Governor, the board shall be
reduced to consist of seven members, four of whom shall be public
members, two of whom shall be geologists, and one of whom shall be a
geophysicist. Notwithstanding any other provision of law, the term
of that member shall not be extended for any reason, except as
provided in this section.
This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is
repealed. The repeal of this section renders
the board subject to the review required by Division 1.2 (commencing
with Section 473).
SEC. 34. Section 7811 of the Business and Professions Code is
amended to read:
7811. Each member of the board shall be a citizen of the United
States , shall be at least 30 years of age, and
each licensed member shall have been a resident
of licensed in this state for at least
five three years immediately preceding his
or her appointment. Each of the first appointed
geologist members of the board shall have at least 12 years active
experience and shall be a qualified geologist; each subsequent
geologist member of the board shall be a geologist registered under
this chapter. The first appointed geophysicist member shall have at
least 12 years active experience and shall be a qualified
geophysicist. Each subsequent geophysicist member shall be a
geophysicist registered under this chapter. The board shall include
not less than one engineering geologist and one petroleum geologist,
as determined by the Governor.
SEC. 35. Section 7815 of the Business and Professions Code is
repealed.
7815. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 36. Section 7815.5 of the Business and Professions Code is
amended to read:
7815.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter or in regulations .
This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 37. Section 7816 of the Business and Professions Code is
amended to read:
7816. (a) The board pursuant to the provisions contained in
Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3
of Title 2 of the Government Code, may adopt, amend, or repeal rules
and regulations to carry out the provisions this chapter.
(b) The board shall meet annually and at such other times as
it may determine.
(c) A majority of the duly appointed board members shall
constitute a quorum.
SEC. 38. Section 7817 of the Business and Professions Code is
repealed.
7817. Five members of the board shall constitute a quorum for the
transaction of business; provided, however, that four members of the
board shall constitute a quorum for the transaction of business when
the board's membership is reduced to seven pursuant to Section 7810.
SEC. 39. Section 7818 of the Business and Professions Code is
repealed.
7818. The board, pursuant to the provisions contained in Chapter
4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title
2 of the Government Code, may adopt, amend or repeal rules and
regulations to carry out the provisions of this chapter.
SEC. 40. Section 7819 of the Business and Professions Code is
repealed.
7819. Except as otherwise provided by law, all records of the
board shall be open to inspection by the public during regular office
hours.
SEC. 41. Section 7820 of the Business and Professions Code is
repealed.
7820. The board shall have and use a seal bearing the name "State
Board of Registration for Geologists and Geophysicists."
SEC. 42. Section 7822 of the Business and Professions Code is
amended to read:
7822. In addition to any other powers and duties granted
under the laws of this state or provided in this chapter:
(a) The board shall establish by regulation reasonable and
necessary fees to be charged to applicants and registrants in
connection with, and to support the administration and enforcement
of, this chapter.
(b) The board may, by regulation, provide for the division
of the certification of registration licenses
into different specialties, including, but not limited to,
petroleum, mining, and ground water, and may issue certificates in
one or more of the specialties in which the applicant demonstrated
proficiency. The board shall provide such a certificate
the certificates for those qualified in
engineering geology and hydrogeology .
(c) The board shall have the authority to prepare, administer, and
grade examinations required or permitted by this chapter and to
determine where and when examinations are to be given. In connection
therewith, the board shall have the authority to adopt or recognize,
in part or in whole, examinations prepared, administered or graded
by other entities, on a state or national basis, which the board
determines are appropriate to measure the qualifications of an
applicant for licensure as a geologist, geophysicist, or in any
specialty of geology or geophysics.
(d) The board shall issue licenses as provided in this chapter.
(e) The board shall renew and reissue licenses as provided in this
chapter.
(f) The board may, by regulation, develop, adopt and issue
requirements for a program of continuing education.
(g) The board shall, by regulation, develop, adopt and issue
professional standards.
(h) The board may initiate and shall investigate complaints of
violations of this chapter by any person or organization.
(i) The members of the board and the executive officer shall have
the authority to administer oaths and affirmations, in the
performance of any business of the board, and to issue subpoenas to
compel the attendance of witnesses and the production of evidence.
(j) The board shall have the authority to issue cease and desist
orders and to seek injunctions against violations of this chapter or
the board's rules and regulations.
(k) The board shall have the authority to enter into agreements
with bodies that regulate the practice of geology or geophysics, or
closely related geological or geophysical disciplines, or that
license or register geologists or geophysicists, and may establish
agreements with those bodies in other states or countries, for the
purpose of establishing uniformly high professional standards whereby
mutual recognition of licensing and registration can be achieved.
(l) The board shall have the authority to grant a temporary
license to a geologist or geophysicist from another state or country
as established by regulations.
(m) The board shall have the authority to appoint advisory
committees as required or as deemed advisable to perform duties as
the board may direct; provided, however, that the board shall not
delegate any final decisionmaking authority to any committee that has
as a member any person who is not a member of the board. Membership
on those committees is at the discretion of the board. Each member
of a committee may receive a per diem and expenses as provided in
Section 103 of the code as approved by the board for the performance
of his or her duties as a member of the committee.
(n) The board shall have the authority to retain independent
counsel and investigators to provide legal and investigative
assistance as may be necessary in enforcing the provisions of this
chapter.
(o) The board shall have all other powers and authority consistent
with this chapter and other state laws, whether or not enumerated
herein, as are necessary for the administration and enforcement of
this chapter.
SEC. 43. Section 7823 of the Business and Professions Code is
repealed.
7823. The board shall have the authority to appoint committees as
required or as deemed advisable to perform duties as the board may
direct; provided, however, that the board shall not delegate any
final decisionmaking authority to any committee that has as a member
any person who is not a member of the board.
Membership on those committees is at the pleasure of the board.
No member of a committee shall receive any other compensation than
his or her necessary expenses, as approved by the board, connected
with the performance of his or her duties as a member of the
committee.
SEC. 44. Section 7825 of the Business and Professions Code is
repealed.
7825. The board shall establish relations with bodies which
regulate the practice of geology and geophysics, or closely related
geologic and geophysical disciplines, or which register geologists
and geophysicists in the other states, and may establish relations
with such bodies in other countries, for the purposes of working
toward (1) uniformly high professional standards and (2) mutual
recognition of registration.
SEC. 45. Section 7826 is added to the Business and Professions
Code, to read:
7826. Each board member shall conduct himself or herself
according to a code of conduct established by board policy.
SEC. 46. Section 7830 of the Business and Professions Code is
repealed.
7830. After June 30, 1970, it is unlawful for anyone other than a
geologist registered under this chapter to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal or
stamp of a registered geologist or registered certified specialty
geologist, or to use in any manner the title "registered geologist"
or the title of any registered certified specialty geologist unless
registered, or registered and certified, hereunder.
SEC. 47. Section 7830 is added to the Business and Professions
Code, to read:
7830. (a) Any geological document or geological portion of a
document prepared for use by others or that the public may reasonably
be expected to rely on, including those required by or supporting
compliance with all applicable laws, ordinances or regulations, that
incorporate or are based on a geological evaluation or on geological
data, shall be prepared by or under the supervision of a licensed
geologist as evidenced by the geologist's signature and seal.
(b) Any geophysical document or geophysical portion of a document
prepared for use by others or that the public may reasonably be
expected to rely on, including those required by or supporting
compliance with all applicable laws, ordinances, or regulations, that
incorporates or is based on a geophysical evaluation or on
geophysical data, shall be prepared by or under the supervision of a
licensed geophysicist as evidenced by the geophysicist's signature
and seal.
SEC. 48. Section 7830.1 of the Business and Professions Code is
repealed.
7830.1. After one year following the effective date of this
section it shall be unlawful for anyone other than a geophysicist
registered under this chapter to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal or
stamp of a registered geophysicist, or registered certified specialty
geophysicist, or to use in any manner the title "Registered
Geophysicist" or the title of any registered certified specialty
geophysicist unless registered, or registered and certified, under
this chapter.
SEC. 49. Section 7831 of the Business and Professions Code is
repealed.
7831. It is unlawful for anyone to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal
after the certificate of the registrant, named thereon, has expired
or has been suspended or revoked, unless the certificate has been
renewed or reissued.
SEC. 50. Section 7832 of the Business and Professions Code is
amended to read:
7832. Any (a) In order to safeguard life,
health, property, and public welfare, no person, either
in a public or private capacity, except as in this chapter
specifically exempted, who shall practice
or , offer or attempt to practice
for others geology or geophysics for others
thereof in this state is subject to the
provisions of this chapter unless the person submits
evidence that he or she is qualified to practice, and shall be
licensed accordingly by the board .
(b) It is unlawful for any person to practice, offer to practice,
or represent himself or herself, as a geologist or geophysicist in
this state, unless he or she has been licensed or specifically
exempted from licensing under this chapter.
(c) Only a person licensed as a geologist under the provisions of
this chapter shall be entitled to take and use the title
"professional geologist." Only a licensed geologist also licensed as
a certified specialty geologist under the provisions of this chapter
shall be entitled to take and use the title of a licensed certified
specialty geologist.
(d) Only a person licensed as a geophysicist under the provisions
of this chapter shall be entitled to take and use the title
"professional geophysicist." Only a licensed geophysicist also
licensed as a certified specialty geophysicist under the provisions
of this chapter shall be entitled to take and use the title of a
licensed certified specialty geophysicist.
SEC. 51. Section 7832.1 is added to the Business and Professions
Code, to read:
7832.1. Any person, except as specifically exempted in this
chapter, who practices or offers to practice geology or geophysics
for others in this state, is subject to the provisions of this
chapter.
SEC. 52. Section 7833 of the Business and Professions Code is
repealed.
7833. This chapter does not prohibit one or more geologists or
geophysicists from practicing through the medium of a sole
proprietorship, partnership, or corporation. In a partnership or
corporation whose primary activity consists of geological services,
at least one partner or officer shall be a registered geologist. In
a partnership or corporation whose primary activity consists of
geophysical services, at least one partner or officer shall be a
registered geophysicist.
SEC. 53. Section 7833 is added to the Business and Professions
Code, to read:
7833. (a) Any firm, corporation, business entity, or government
agency that offers to engage in or engages in the practice for others
of geology or geophysics or any specialty thereof shall have one or
more geologists licensed to practice geology, or one or more
geophysicists licensed to practice geophysics, or the applicable
specialty thereof, except as otherwise specifically provided by this
chapter, who shall be in responsible charge and who shall sign and
seal all documents as provided in this chapter.
(b) If the principal business of the firm or government agency or
corporation, as determined by or under regulations issued by the
board, is engaged in the practice for others of geology or
geophysics, a principal of the firm or government agency, or an
officer or director of the corporation, shall be licensed as a
geologist or geophysicist and shall have overall supervision and
control of the geological or geophysical work performed in this
state, except as otherwise specifically provided by this chapter.
SEC. 54. Section 7834 of the Business and Professions Code is
repealed.
7834. This chapter does not prevent or prohibit an individual,
firm, company, association or corporation whose principal business is
other than the practice of geology or geophysics from employing a
geologist or geophysicist to perform professional services in geology
or geophysics incidental to the conduct of their business.
SEC. 55. Section 7835 of the Business and Professions Code is
repealed.
7835. All geologic plans, specifications, reports or documents
shall be prepared by a registered geologist, or registered certified
specialty geologist, or by a subordinate employee under his
direction. In addition, they shall be signed by such registered
geologist, or registered certified specialty geologist or stamped
with his seal, either of which shall indicate his responsibility for
them.
SEC. 56. Section 7835.1 of the Business and Professions Code is
repealed.
7835.1. All geophysical plans, specifications, reports or
documents shall be prepared by a registered geophysicist, registered
certified specialty geophysicist, registered geologist, registered
certified specialty geologist, or by a subordinate employee under his
direction. In addition, they shall be signed by such registered
geophysicist, registered certified specialty geophysicist, registered
geologist, or registered certified specialty geologist, or stamped
with his seal, either of which shall indicate his responsibility for
them.
SEC. 57. Section 7836 of the Business and Professions Code is
amended to read:
7836. Officers and employees of the United States of
America practicing solely as such officers or employees are exempt
from registration under the provisions of this chapter
federal and state government, any city or county in the state, or
any local agency created under state statutes, who perform geological
and geophysical work that affects public health, safety, and welfare
shall be licensed under this chapter. This work specifically
includes review of geological and geophysical reports submitted in
compliance with applicable state and local regulations, codes, and
ordinances .
SEC. 58. Section 7836.1 is added to the Business and Professions
Code, to read:
7836.1. The federal government, State of California, its
political subdivisions, and all public boards, districts,
commissions, or authorities shall contract for geological or
geophysical services only with persons licensed under this chapter or
with business entities employing geologists or geophysicists
licensed under this chapter, who shall be in responsible charge of
the geological or geophysical work.
SEC. 59. Section 7837 is added to the Business and Professions
Code, to read:
7837. The following individuals are not required to be licensed
under this chapter:
(a) An employee or subordinate of a licensee under this chapter,
provided that the employee or subordinate is under the supervision of
a geologist or geophysicist licensed hereunder.
(b) An engineer empowered to practice civil engineering in this
state, under provisions of Chapter 7 (commencing with Section 6700)
of Division 3 of the Business and Professions Code insofar as he or
she practices engineering in its various branches.
SEC. 60. Section 7838 of the Business and Professions Code is
repealed.
7838. A civil engineer empowered to practice civil engineering in
this state, and a petroleum engineer registered in this state, under
provisions of Chapter 7 (commencing with Section 6700) of Division 3
of this code insofar as they practice civil engineering in its
various branches or petroleum engineering, respectively, are exempt
from registration under the provisions of this chapter.
SEC. 61. Section 7839 of the Business and Professions Code is
amended to read:
7839. This chapter shall not empower does
not authorize a licensed geologist or licensed
geophysicist registered under this chapter
to practice or offer to practice civil engineering and any of its
various recognized branches except as authorized under the
Business and Professions Code .
SEC. 62. Section 7839.1 of the Business and Professions Code is
amended to read:
7839.1. This chapter section shall
not empower authorize a licensed
geologist registered under this chapter to
practice or offer to practice geophysics for others in this state
except as such the geophysical work is
related to his or her practice of geology.
This chapter section shall not
empower authorize a licensed
geophysicist registered under this chapter to
practice or offer to practice geology for others in this state except
as such the geological work is related
to his or her practice of geophysics.
SEC. 63. Section 7839.2 is added to the Business and Professions
Code, to read:
7839.2. A licensee under this chapter shall not practice or
perform geological or geophysical work in any field unless he or she
is competent and proficient in that field, as demonstrated by his or
her education and experience.
SEC. 64. Section 7839.3 is added to the Business and Professions
Code, to read:
7839.3. Nothing provided by this chapter shall permit any person,
firm, or corporation to hold himself, herself, or itself out to the
public as a geologist or geophysicist, or as being licensed as a
geologist, geophysicist, certified specialty geologist, or certified
specialty geophysicist, or as being able to perform geological or
geophysical services, or to prepare any report or other document
requiring the signature and seal of a licensee under Section 7852,
unless the person is licensed under the provisions of this chapter.
SEC. 65. Section 7840 of the Business and Professions Code is
amended to read:
7840. An application for registration as a geologist or
for registration as a geophysicist licensure
shall be made to the board on a form prescribed
and furnished by it and shall be
the board, signed by the applicant, accompanied by the
appropriate application fee fixed by this chapter
and shall include any information required in
regulations .
SEC. 66. Section 7840.1 is added to the Business and Professions
Code, to read:
7840.1. An applicant shall remit fees for application,
examination, licensure, and renewal of license, pursuant to Section
7822, and any other fees as may be required by the board.
SEC. 67. Section 7841 of the Business and Professions Code is
amended to read:
7841. An For licensure as a geologist, an
applicant for registration as a geologist shall have
all shall meet the following
qualifications requirements :
(a) Not have committed The applicant shall
not have been convicted of any acts or crimes
crime constituting grounds for denial of
licensure under Section 480.
(b) Meet one of the following educational requirements
fulfilled at a school or university whose geological curricula meet
criteria established by rules of the board:
(1) Graduation with a major in geology.
(2) Completion of 30 semester units in geological science courses
leading to a major in geology, of which at least 24 units are in the
third or fourth year, or graduate courses.
(c) Have at least seven years of professional geological work
which shall include either a minimum of three years of professional
geological work under the supervision of a registered geologist or a
registered civil or petroleum engineer, except that prior to July 1,
1970, professional geological work shall qualify under this
subdivision if it is under the supervision of a qualified geologist
or a registered civil or petroleum engineer, or a minimum of five
years' experience in responsible charge of professional geological
work. Professional geological work does not include routine
sampling, laboratory work, or geological drafting.
The applicant shall have obtained a degree with a major in geological
sciences from a college or university. The board may identify, by
regulation, those core curricula in geological sciences that are
deemed to meet minimum educational requirements.
(c) (1) The applicant shall have a documented record of a minimum
of five years of experience in geology or a specialty of geology,
obtained subsequent to completion of the academic requirements
specified in this chapter, and professional geological experience of
a character satisfactory to the board, demonstrating that the
applicant is qualified to assume responsible charge of appropriate
work upon licensure as a geologist. The
experience must 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.
(2) 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 full-time
graduate study or research counts
satisfactorily completed in the geological sciences shall qualify
as a one year of
training professional experience in geology up to a
maximum of two years .
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 third or fourth year 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 four years towards meeting the requirement for at least
seven 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.
(3) The board may accept full-time geological research or teaching
of persons at the college or university level as professional
geological experience, provided that the research or teaching, in the
judgment of the board, is comparable to professional geological
experience obtained in the practice of geology or a specialty in
geology.
(d) Successfully pass The applicant shall
have passed 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.
The board shall use the national examination on or before
June 30, 2000.
(e) The applicant shall meet any other general or individual
requirements as may be established by the board pursuant to its
authority under this chapter.
SEC. 68. Section 7841.1 of the Business and Professions Code is
amended to read:
7841.1. An applicant for registration For
licensure as a geophysicist , an applicant shall
have all of meet the following
qualifications requirements . This
section shall not apply to applicants for registration as geologists.
(a) Not have committed The applicant shall
not have been convicted of any acts or crimes
crime constituting grounds for denial of
licensure under Section 480.
(b) Meet one of the following educational requirements
fulfilled at a school or university whose curricula meet criteria
established by rules of the board. The applicant
shall have one of the following:
(1) Graduation Obtained a degree
with a major in a geophysical science or any other
discipline which in the opinion of the board is relevant to
geophysics from a college or university .
(2) Completion of a combination of
Completed a program recognized by the board that includes at
least 30 semester or 45 quarter hours of credit
, in courses which in the opinion of the board are relevant
to with a major in geophysics.
(3) Satisfied education equivalents determined by the board.
At least 24 semester or 36 quarter hours , or
the equivalent, shall be in the third or fourth
year, upper division or graduate courses.
The board may identify, by regulation, those core curricula in
geophysical sciences that are deemed to meet minimum educational
requirements.
(c) Have at least seven years of professional geophysical
work which shall include either a minimum of three years of
professional geophysical work under the supervision of a registered
geophysicist, except that prior to July 1, 1973, professional
geophysical work shall qualify under this subdivision if it is under
the supervision of a qualified geophysicist, or a minimum of five
years' experience in responsible charge of professional geophysical
work. Professional geophysical work does not include the routine
maintenance or operation of geophysical instruments, or, even if
carried out under the responsible supervision of a professional
geophysicist, the routine reduction or plotting of geophysical
observations. (1) The applicant shall have a
documented record of a minimum of five years of experience in
geophysics or a specialty of geophysics, obtained subsequent to
completion of the academic requirements specified in this chapter,
and professional geophysical experience of a character satisfactory
to the board, demonstrating that the applicant is qualified to assume
responsible charge of appropriate work upon licensure as a
geophysicist. The experience must be gained under the supervision of
a geophysicist or geologist 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
geophysical work.
(2) Each year of undergraduate study in the
geophysical sciences referred to in this section shall count as
one-half year of training up to a maximum of two years, and each year
of full-time graduate study or
research counts satisfactorily completed in the
geophysical sciences or in a specialty of geophysics shall qualify
as a one year of
training professional experience in geophysics, up to
a maximum of two years .
Teaching in the geophysical sciences referred to in this section
at a 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 third or fourth year 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 four years towards meeting the requirements for at least
seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his
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.
(3) The board may accept full-time geophysical research or
teaching of persons at the college or university level as
professional geophysical experience, provided that such research or
teaching, in the judgment of the board, is comparable to professional
geophysical experience obtained in the practice of geophysics or a
specialty in geophysics.
(d) Successfully pass a written examination
The applicant shall have passed an examination covering the
fundamentals and practice of geophysics prescribed or accepted by the
board.
(e) The applicant shall meet such other general or individual
requirements as may be established by the board pursuant to its
authority under this chapter .
SEC. 69. Section 7841.3 is added to the Business and Professions
Code, to read:
7841.3. "Professional geological experience" is work that
requires the application of scientific knowledge, principles, and
methods to geological evaluations through the exercise of individual
initiative, judgment, and decisionmaking skills in investigating,
analyzing, predicting, and reporting on the physical phenomena of the
earth.
SEC. 70. Section 7841.4 is added to the Business and Professions
Code, to read:
7841.4. "Professional geophysical experience" is work performed
under the supervision of a licensed geophysicist that requires the
application of scientific knowledge, principles, and methods to
geophysical evaluations through the exercise of individual
initiative, judgment, and decisionmaking skills in investigating,
analyzing, predicting, and reporting on the physical phenomena of the
earth.
SEC. 71. Section 7842 of the Business and Professions Code is
amended to read:
7842. An applicant for certification For
licensure in a any geological
specialty in geology shall recognized
pursuant to this chapter, an applicant shall meet all
of the requirements of Section 7841 and, in addition, his seven years
of professional geological work shall include one of the
following requirements :
(a) A minimum of three years performed Be
licensed as a geologist by the board.
(b) The applicant shall have a documented record of a minimum of
three years of experience in the applicable specialty and in
geological work of a character satisfactory to the board,
demonstrating that the applicant is qualified to assume responsible
charge of any specialty work upon licensure in that specialty of
geology. The experience must be gained under the supervision
of a geologist certified licensed in
the specialty for which he is seeking certification or under
the supervision of a registered civil engineer if the applicant is
seeking certification as an engineering geologist or under the
supervision of a registered petroleum engineer if the applicant is
seeking certification as a petroleum 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 registered civil engineer
if the applicant is seeking certification as an engineering
geologist or under the supervision of a registered petroleum engineer
if the applicant is seeking certification as a petroleum geologist.
(b) A minimum of five years' experience in responsible charge of
professional geological work in the specialty for which the applicant
is seeking certification in this or any other state,
or under the supervision of others who, in the opinion of the board,
are qualified to have responsible charge of geological work in the
specialty.
(c) The applicant shall have passed a written examination covering
the applicable specialty as prescribed by the board .
SEC. 72. Section 7842.1 of the Business and Professions Code is
repealed.
7842.1. An applicant for certification in a specialty in
geophysics shall meet all of the requirements of Section 7841.1 and
in addition, his seven years of professional geophysical work shall
include one of the following:
(a) A minimum of three years performed under the supervision of a
geophysicist, certified in the specialty for which he is seeking
certification.
(b) A minimum of five years' experience in responsible charge of
professional geophysical work in the specialty for which the
applicant is seeking certification.
SEC. 73. Section 7842.1 is added to the Business and Professions
Code, to read:
7842.1. For licensure in any geophysical specialty recognized
pursuant to this chapter, an applicant shall meet the following
requirements:
(a) Be licensed as a geophysicist by the board.
(b) The applicant shall have a documented record of a minimum of
three years of experience in the applicable specialty and in
geophysical work of a character satisfactory to the board,
demonstrating that the applicant is qualified to assume responsible
charge of any specialty work upon licensure in that specialty of
geophysics. The experience must be gained under the supervision of a
geophysicist licensed in the specialty in this or any other state,
or under supervision of others who, in the opinion of the board, are
qualified to have responsible charge of geophysical work in the
specialty.
(c) The applicant shall have passed a written examination covering
the applicable specialty as prescribed by the board.
SEC. 74. Section 7844 of the Business and Professions Code is
amended to read:
7844. Examination for registration
Examinations shall be held at the times and places
within the state as the board shall determine. The scope of
examinations and the methods of procedure may be prescribed by rule
of the board given for the purpose of determining the
knowledge of applicants for licensure as geologists, geophysicists,
certified specialty geologists, or certified specialty geophysicists
.
SEC. 75. Section 7845 of the Business and Professions Code is
repealed.
7845. Examinations for registration as a geologist or registered
certified specialty geologist shall test the applicant's knowledge of
geology and of any established specialty for which he applies and
his ability to apply that knowledge and to assume responsible charge
in the professional practice of geology or a certified specialty
geology, or both geology and a certified specialty geology.
SEC. 76. Section 7845.1 of the Business and Professions Code is
repealed.
7845.1. Examinations for registration as a geophysicist or
registered certified specialty geophysicist shall test the applicant'
s knowledge basic to geophysics and his ability to apply that
knowledge and to assume responsible charge in the professional
practice of geophysics or a certified specialty geophysics, or both
geophysics and a certified specialty geophysics.
SEC. 77. Section 7846 of the Business and Professions Code is
repealed.
7846. An applicant failing in an examination may be examined
again upon filing a new application and the payment of the
application fee fixed by this chapter.
SEC. 78. Section 7847 of the Business and Professions Code is
repealed.
7847. The board, upon application therefor, on its prescribed
form, and upon the payment of the application and registration fees
fixed by this chapter, which fees shall be retained by the board, may
issue a certificate of registration as a geologist or as a
geophysicist, without written examination, to any person holding an
equivalent certificate of registration as a geologist or as a
geophysicist, issued to him by any state or country when the
applicant's qualifications meet the other requirements of this
chapter and the rules established by the board.
SEC. 79. Section 7848 of the Business and Professions Code is
repealed.
7848. A temporary authorization for the practice of geology or a
certified specialty geology, or both geology and a certified
specialty geology, may be granted, for a specific project, upon
application and payment of the fee prescribed in Section 7887 for a
period not to exceed 60 consecutive days in any calendar year if the
applicant complies with all of the following:
(a) The applicant maintains no office for the practice of geology
or a certified specialty geology, or both geology and a certified
specialty geology, other than for the authorized project, in this
state.
(b) The applicant is qualified to practice geology or a certified
specialty geology, or both geology and a certified specialty geology
for others, and is not legally prohibited from so doing, in the state
or country where he or she maintains an office for that practice.
(c) The applicant demonstrates by means of an individual
appearance before the board, or before a committee appointed by the
board for that purpose, satisfactory evidence of adequate knowledge
in that phase of geology for which the applicant proposes to practice
under the temporary authorization.
If the applicant can satisfy the board that the completion of the
specific project for which the authorization is granted will require
more than 60 consecutive calendar days, the board may extend the
authorization to a period not to exceed a total of 120 days.
Upon completion of these requirements as necessary, the executive
officer on direction of the board shall issue a temporary
authorization to the applicant.
SEC. 80. Section 7848.1 of the Business and Professions Code is
repealed.
7848.1. A temporary authorization for the practice of geophysics
or a certified specialty geophysics, or both geophysics and a
certified specialty geophysics, may be granted, for a specific
project, upon application and payment of the fee prescribed in
Section 7887 for a period not to exceed 60 consecutive days in any
calendar year if the applicant complies with all of the following:
(a) The applicant maintains no office for the practice of
geophysics or a certified specialty geophysics, or both geophysics
and a certified specialty geophysics, other than for the authorized
project, in this state.
(b) The applicant is qualified to practice geophysics or a
certified specialty geophysics, or both geophysics and a certified
specialty geophysics for others, and is not legally prohibited from
so doing, in the state or country where he or she maintains an office
for that practice.
(c) The applicant demonstrates by means of an individual
appearance before the board, or before a committee appointed by the
board for that purpose, satisfactory evidence or adequate knowledge
in that phase of geophysics for which the applicant proposes to
practice under the temporary authorization.
If the applicant can satisfy the board that the completion of the
specific project for which the authorization is granted will require
more than 60 consecutive calendar days, the board may extend the
authorization to a period not to exceed a total of 120 days.
Upon completion of these requirements as necessary, the executive
officer on direction of the board shall issue a temporary
authorization to the applicant.
SEC. 81. Section 7849 of the Business and Professions Code is
amended to read:
7849. In determining the qualifications of an applicant for
registration, certification, or temporary
authorization licensure , a majority vote of
the board is required.
SEC. 82. Section 7850 of the Business and Professions Code is
repealed.
7850. Any applicant who has passed the examination and 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 as a geologist.
SEC. 83. Section 7850 is added to the Business and Professions
Code, to read:
7850. The board shall issue an appropriate certificate evidencing
licensure as a geologist or geophysicist or in any specialty of
geology or geophysics recognized by the board, upon payment of the
applicable licensure fee to any applicant who, in the opinion of the
board, has satisfactorily met all the requirements of this chapter
for licensure as a geologist or geophysicist or as a certified
specialty geologist or certified specialty geophysicist. Such
certificate shall show the full name of the licensee, shall have a
license number, and shall be signed by the executive officer or an
appropriate officer of the board under seal of the board.
SEC. 84. Section 7850.1 of the Business and Professions Code is
repealed.
7850.1. Any applicant who has passed the examination and 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 as a geophysicist.
SEC. 85. Section 7850.5 of the Business and Professions Code is
repealed.
7850.5. An applicant who has passed the examination for a
certified specialty geologist and 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.
SEC. 86. Section 7850.6 of the Business and Professions Code is
repealed.
7850.6. An applicant who has passed the examination for a
certified specialty geophysicist and 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 geophysicist. A certificate of certified specialty
geophysicist shall be signed by the president and executive officer
and issued under the seal of the board.
SEC. 87. Section 7852 of the Business and Professions Code is
amended to read:
7852. (a) Each geologist registered under this chapter
may, upon registration, obtain a seal of the design authorized by the
board bearing the registrant's name, number of his certificate, and
the legend "registered geologist." licensee shall
obtain a seal of a design established by regulations of the board
bearing the licensee's name, license number the legend.
"Professional Geologist," or "Professional Geophysicist," and which
may indicate any certified specialty in which the individual is
licensed.
(b) Each specialty geologist certified under this chapter
may, upon certification, obtain a seal of the design authorized by
the board bearing the registrant's name, number of his certificate
and the legend "certified specialty geologist"
Geological or geophysical reports, plans, specifications, and other
documents prepared by a licensed geologist or licensed geophysicist,
or by a subordinate under the supervision of a licensed geologist or
licensed geophysicist, shall include the licensee's name and license
number and the licensee's signature and an impression of his or her
seal, in accordance with regulations issued by the board .
SEC. 88. Section 7852.1 of the Business and Professions Code is
repealed.
7852.1. (a) Each geophysicist registered under this chapter may,
upon registration, obtain a seal of the design authorized by the
board bearing the registrant's name, number of his certificate, and
the legend "Registered Geophysicist."
(b) Each specialty geophysicist certified under this chapter may,
upon certification, obtain a seal of the design authorized by the
board bearing the registrant's name, number of his certificate and
the legend "Certified Specialty Geophysicist."
SEC. 89. Section 7853 of the Business and Professions Code is
repealed.
7853. A duplicate certificate of registration to replace one
lost, destroyed, or mutilated may be issued subject to the rules and
regulations of the board. The duplicate certificate fee fixed by
this chapter shall be charged.
SEC. 90. Section 7853 is added to the Business and Professions
Code, to read:
7853. The board shall have the authority to adopt regulations
regarding expiration, cancellation, renewal, and replacement of
licenses.
SEC. 91. Section 7854 of the Business and Professions Code is
repealed.
7854. An unsuspended, unrevoked and unexpired certificate and
endorsement of registry made under this chapter is presumptive
evidence in all courts and places that the person named therein is
legally registered.
SEC. 92. Section
7854 is added to the Business and Professions Code, to read:
7854. The issuance by the board of a license to an individual
shall be prima facie evidence that the person named therein is
entitled to all rights and responsibilities of a licensed geologist,
licensed geophysicist, licensed certified specialty geologist, or
licensed certified specialty geophysicist, who is licensed to
practice geology or geophysics, while such remains unrevoked,
unsuspended, or unexpired.
SEC. 93. Section 7855 of the Business and Professions Code is
repealed.
7855. Any applicant who is denied registration or authorization
shall, in writing, be so notified and informed of the reason
therefor. Within 30 days after receipt of notice, such applicant may
make written request to the board for a hearing which, if granted,
shall be conducted as specified in Section 7861.
SEC. 94. Section 7856 is added to the Business and Professions
Code, to read:
7856. Each licensee under this chapter is required to use his or
her license number or numbers in advertising for services offered to
the public.
SEC. 95. Section 7860 of the Business and Professions Code is
amended to read:
7860. (a) The board may, upon its own initiative or upon
the receipt of a complaint, investigate the actions of any
registered geologist, geophysicist, or person granted temporary
authorizations pursuant to Sections 7848 and 7848.1, and make
findings thereon Any person may bring a complaint
which shall be filed with the executive officer of the board alleging
a violation of this act and regulations promulgated hereunder. The
board shall investigate complaints brought to its attention, and in
connection therewith may employ investigators, expert witnesses, and
hearing officers, and conduct hearings to determine whether
disciplinary or other action should be taken. The executive officer,
upon a finding of probable cause following an investigation, may
file a verified charge against an individual with commission of a
violation of this act and regulations promulgated hereunder. A
disciplinary action may be informally settled by the executive
officer and the person, firm, or corporation which is the subject of
the action, either before or after a hearing is commenced .
(b) By a majority vote, the board may publicly reprove,
suspend for a period not to exceed two years, or revoke the
certificate of any geologist or geophysicist registered hereunder, or
may publicly reprove or revoke the temporary authorization granted
to any person pursuant to Section 7848 or 7848.1, The
board may impose appropriate penalties for violations that have
occurred in this state or in any other state on any of the
following grounds:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist
felony, or the imposition of an administrative, civil,
or criminal fine, or sentence of imprisonment or probation in lieu
thereof, for any misdemeanor relating to or arising out of the
practice of geology or geophysics, or the issuance of a cease and
desist order or similar penalty relating to or arising out of the
practice of geology or geophysics .
(2) Misrepresentation, fraud, or deceit by a geologist or
geophysicist in his or her practice.
(3) Negligence or incompetence by a geologist or geophysicist in
his or her practice.
(4) Violation of any contract undertaken in the capacity of a
geologist or geophysicist.
(5) Fraud Conduct of any incompetence, misconduct,
fraud, deceit, misrepresentation, violation of contract, or
negligence in or related to the practice of geology or geophysics.
(3) Practice of any fraud or deceit in obtaining a
certificate to practice license as a geologist
or , geophysicist, or in
obtaining a temporary authorization to practice pursuant to Section
7848 or 7848.1 certified specialty geologist, or
certified specialty geophysicist .
(c) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or may revoke the certificate
of any geologist or geophysicist registered hereunder, or may
publicly reprove or revoke the temporary authorization granted to any
person pursuant to Section 7848 or 7848.1, for unprofessional
conduct. Unprofessional conduct includes, but is not limited to, any
of the following:
(1) Aiding
(4) Use of the seal of another, or using or allowing use of one's
seal on geological or geophysical work not performed by or under the
supervision of the licensee, or otherwise aiding or abetting
any person in a violation of any provision of this chapter
or any regulation adopted by the board pursuant to this
chapter .
(2) Violating
(5) Violation of any provision of this chapter or
any of a rule or regulation adopted by
the board pursuant to this chapter issued hereunder,
or of any provision of the laws and regulations and ordinances
relating to the practice of geology or geophysics of the state or of
any of its political subdivisions or of any other state or country
.
(3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.
(6) Revocation or suspension of a license, or denial of renewal
thereof, or any disciplinary action by any state agency of any other
state, including any other board of registration, or similar
licensing agency for geologists or geophysicists or for any
profession or occupation related to the practice of geology or
geophysics, provided that the penalty imposed by the board shall not
exceed in severity or duration the penalty upon which the action is
based.
(7) The practice of or offering to practice geology or geophysics
or a specialty of geology or geophysics, or holding oneself out as
being licensed or qualified to practice geology or geophysics or a
qualified specialty, in which the performance thereof significantly
affects the safeguarding of life, health, property, or the
environment, as defined herein, by an individual who is not licensed
pursuant to this chapter, or by a firm or corporation not employing a
licensed geologist, licensed geophysicist, licensed certified
specialty geologist, or licensed certified specialty geophysicist as
required by this chapter.
(8) The practice by any unlicensed person who in any manner makes
use of the term "Licensed Geologist," "Professional Geologist,"
"P.G.," "Licensed Geophysicis," "Professional Geophysicist," "P.Gp.,"
"Certified Engineering Geologist," "C.E.G.," "Certified
Hydrogeologist," "C.Hg.," or claims any specialty in geology or
geophysics, as a professional, business or commercial identification,
title, name, representation, claim, or otherwise holds out to the
public, as being licensed to practice geology or geophysics.
(9) Alteration or revision by any unlicensed person of any
document, map or work signed or sealed by a licensed geologist or
licensed geophysicist unless the alteration or revision is signed and
sealed by a licensed geologist or licensed geophysicist, or changes
or alters the name or seal of another licensed geologist or licensed
geophysicist on any document, map, or work.
(10) Using the seal or signing any document under a license which
has expired or has been suspended or revoked.
(11) Managing, or conducting as manager, proprietor, or agent, any
place of business from which geological or geophysical work or
specialty work, not exempted by this chapter, is offered, performed,
or practices for others, unless the work is supervised or performed
by a licensed geologist or licensed geophysicist or a licensed
certified specialty geologist or licensed certified specialty
geophysicist, as applicable.
(12) Failure to protect the health, safety, or welfare of the
public, as it relates to the practice of geology or geophysics.
SEC. 96. Section 7861 of the Business and Professions Code is
amended to read:
7861. The proceedings under this article
Hearings and appeal procedures shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5
(commencing with Section 11500) of the Government Code .
SEC. 97. Section 7862 of the Business and Professions Code is
repealed.
7862. The board may reissue a certificate of registration,
certification, or authority, to any person whose certificate has been
revoked if a majority of the members of the board vote in favor of
such reissuance for reasons the board deems sufficient.
SEC. 98. Section 7863 of the Business and Professions Code is
repealed.
7863. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of a geologist or geophysicist
is deemed to be a conviction within the meaning of this article. The
board may order the certificate or authorization suspended or
revoked, or may decline to issue a certificate or authorization, when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under the provisions of Section 1203.4 of the Penal Code
allowing such person to withdraw his plea of guilty and to enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information or indictment.
SEC. 99. Section 7864 is added to the Business and Professions
Code, to read:
7864. The board may, by a majority vote, impose disciplinary
actions under Sections 11517, 11518, 11519, and 11520 of the
Government Code.
SEC. 100. Section 7865 is added to the Business and Professions
Code, to read:
7865. If it appears that a violation of any law enforced by a
government agency may have occurred, the board may report
disciplinary actions to regulatory or other officials in this state,
to any other registration or licensing board or organization acting
on behalf of its member boards in other states, or to any appropriate
local, state, or federal law enforcement agency.
SEC. 101. Section 7870 of the Business and Professions Code is
repealed.
7870. The board shall have the power, duty and authority to
investigate violations of the provisions of this chapter.
SEC. 102. Section 7871 of the Business and Professions Code is
amended to read:
7871. It shall be the duty of the respective law enforcement
officers charged with the enforcement of laws and ordinances
to prosecute all persons charged with the violation of any of the
provisions of this chapter.
It shall be the duty of the executive officer of the
board , under the direction of the board, to aid these
officers in the enforcement of this chapter.
SEC. 103. Section 7871.1 is added to the Business and Professions
Code, to read:
7871.1. Any public agency that reviews geological or geophysical
reports or documents shall submit to the board reports or documents
that may contain evidence of violations of this act.
SEC. 104. Section 7872 of the Business and Professions Code is
amended to read:
7872. Every person is guilty of a misdemeanor and for each
offense of which he or she is convicted is punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment not to exceed three months, or by both fine and
imprisonment :
(a) Who, unless he is exempt from registration under this chapter,
practices or offers to practice geology or geophysics for others in
this state according to the provisions of this chapter without legal
authorization.
(b) Who presents or attempts to file as his own the certificate of
registration of another.
(c) Who gives false evidence of any kind to the board, or to any
member thereof, in obtaining a certificate of registration.
(d) Who impersonates or uses the seal of any other practitioner.
(e) Who uses an expired or revoked certificate of registration.
(f) Who shall represent himself as, or use the title of,
registered geologist, or any other title whereby such person could be
considered as practicing or offering to practice geology for others,
unless he is qualified by registration as a geologist under this
chapter, or who shall represent himself as, or use the title of,
registered geophysicist, or any other title whereby such person could
be considered as practicing or offering to practice geophysics for
others, unless he is qualified by registration as a geophysicist
under this chapter.
(g) Who manages, or conducts as manager, proprietor, or agent, any
place of business from which geological or geophysical work is
solicited, performed or practiced for others, unless such geological
work is supervised or performed by a registered geologist, or unless
such geophysical work is supervised or performed by a registered
geophysicist or geologist.
(h) Who if he or she violates any provision
of this chapter.
SEC. 105. Section 7880 of the Business and Professions Code is
repealed.
7880. A certificate of registration as a geologist or as a
specialty geologist or as a geophysicist or as a specialty
geophysicist shall expire at 12 a.m. of the last day of the birth
month of the certificate holder during the second year of a two-year
term if not renewed. To renew an unexpired certificate, the
certificate holder shall, on or before the date of expiration of the
certificate, apply for renewal on a form prescribed by the board, and
pay the renewal fee prescribed by this chapter.
For purposes of implementing the distribution of the renewal of
registrations throughout the year, the board may establish a system
of staggered certificate expiration dates and a pro rata formula for
the payment of renewal fees by certificate holders affected by the
implementation of the program.
SEC. 106. Section 7881 of the Business and Professions Code is
repealed.
7881. Except as otherwise provided in this article, certificates
of registration as a geologist or as a geophysicist, or certified
specialty certificates, may be renewed at any time within five years
after expiration on filing an application for renewal on a form
prescribed by the board and payment of the renewal fee in effect on
the last preceding regular renewal date. If the certificate is
renewed more than 30 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.
If so renewed, the certificate shall continue in effect through the
date provided in Section 7880 which next occurs after the effective
date of the renewal, when it shall expire if it is not again renewed.
SEC. 107. Section 7882 of the Business and Professions Code is
repealed.
7882. A suspended certificate is subject to expiration and shall
be renewed as provided in this article, but such renewal does not
entitle the holder of the certificate, while it remains suspended and
until it is reinstated, to engage in the activity to which the
certificate relates, or in any other activity or conduct in violation
of the order or judgment by which it was suspended.
SEC. 108. Section 7883 of the Business and Professions Code is
repealed.
7883. A revoked certificate is subject to expiration as provided
in this article, but it may not be renewed. If it is reinstated
after its expiration, the holder of the certificate, as a condition
precedent to its reinstatement, shall pay a reinstatement fee in an
amount equal to the renewal fee in effect on the last regular date
before the date on which it is reinstated, plus the delinquency fee,
if any, accrued at the time of its revocation.
SEC. 109. Section 7884 of the Business and Professions Code is
repealed.
7884. Certificates of registration 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 such
certificate may apply for and obtain a new certificate, however, if:
(a) He has not committed any acts or crimes constituting grounds
for denial of licensure under Section 480.
(b) He takes and passes the examination, if any, which would be
required of him if he 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 the
provisions of this section.
SEC. 110. Section 7885 of the Business and Professions Code is
amended to read:
7885. The All funds remitted to the
board shall report each month to the State Controller the
amount and source of all revenue received by it pursuant to
this chapter and at the same time pay the entire amount
thereof into shall be deposited in and expended from a
separate fund created in the State Treasury for
credit , to be known as the Geology
and Geophysics Fund, which fund is hereby created by this
chapter .
SEC. 111. Section 7887 of the Business and Professions Code is
repealed.
7887. 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 registration as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination at not more than two hundred and fifty dollars ($250).
(b) The registration fee for a geologist or for a geophysicist and
the fee for the certification in a specialty shall be fixed at an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which the certificate is issued, except
that, with respect to certificates which will expire less than one
year after issuance, the fee shall be fixed at an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued. The board may,
by appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee at not more than six dollars
($6).
(d) The temporary registration fee for a geologist or for a
geophysicist at not more than eighty dollars ($80).
(e) The renewal fee for a geologist or for a geophysicist shall be
fixed by the board at not more than two hundred dollars ($200).
(f) The renewal fee for a specialty geologist or for a specialty
geophysicist at not more than fifty dollars ($50).
(g) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(h) The fees fixed by the board pursuant to subdivisions (e) and
(f), as of January 1, 1993, shall not be increased.
(i) Each applicant for registration as a geologist shall pay an
examination fee fixed by the board at an amount equal to the actual
cost to the board for the purchase of a national examination for
geologists created by a nationally recognized entity approved by the
board, including a supplemental California specific examination, and
shall not exceed three hundred dollars ($300).
(j) Each applicant for registration as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
SEC. 112. Section 8710 of the Business and Professions Code
is amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued
by the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board shall be limited to only those
unresolved issues identified by the Joint Legislative Sunset Review
Committee.
SEC. 7.
SEC. 113. Section 8741.1 of the Business and Professions Code is
amended to read:
8741.1. The second division of the examination for licensure as a
land surveyor 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 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. The board shall prepare and distribute to
applicants for the second division of the examination a plain
language pamphlet describing the provisions of this chapter and the
board's rules and regulations regulating the practice of land
surveying in the state.
The board shall use the national examination on or before
April 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.
SEC. 114. Section 8801 of the Business and Professions Code is
amended to read:
8801. Licenses issued under this chapter expire every
four two years, if not renewed.
Quadrennial Biennial renewals shall be staggered
on a quarterly basis. To renew an unexpired license the license
holder shall on or before the date of expiration indicated on the
renewal receipt, apply for renewal on a form prescribed by the board,
and pay the renewal fee prescribed by this chapter.
SEC. 115. 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 one four
hundred seventy-five dollars ($175)
($400) , and for each application for
certification as a land surveyor-in-training (LSIT) at not more than
sixty one hundred dollars
($60) ($100) .
(b) The temporary registration fee for a land surveyor at not more
than 25 percent of the application fee in effect on the date of
application.
(c) The renewal fee for a land surveyor at not more than the
application fee.
(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.
SEC. 116. Section 22251 of the Business and Professions Code is
amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not include
an employee who, as part of the regular clerical duties of his or
her employment, prepares his or her employer's income, sales, or
payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d), or by the Bureau for Private Postsecondary and
Vocational Education under Chapter 7 (commencing with Section 94700)
of Part 59 of Division 10 of the Education Code. A curriculum
provider who is approved by the tax education council is exempt from
Chapter 7 (commencing with Section 94700) of Part 59 of Division 10
of the Education Code.
(d) "Council" means the California Tax Education Council which is
a single organization made up of not more than one representative
from each professional society, association, or other entity
operating as a California nonprofit corporation which chooses to
participate in the council and which represents tax preparers,
enrolled agents, attorneys, or certified public accountants with a
membership of at least 200 for the last three years, and not more
than one representative from each for-profit tax preparation
corporation which chooses to participate in the council and which has
at least 200 employees and has been operating in California for the
last three years. The council shall include two representatives
who are tax preparers.
SEC. 117. Section 22259 of the Business and Professions Code
is amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall become inoperative on July 1, ____
2008 , and, as of January 1, ____
2009 , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
____ 2009 , deletes or extends that date on
which it becomes inoperative and is repealed.
SEC. 8.
SEC. 118. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.