Bill Text: CA AB1551 | 2013-2014 | Regular Session | Introduced

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Bill Title: Professional engineers and land surveyors: documents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-06 - Referred to Com. on B.,P. & C.P. [AB1551 Detail]

Download: California-2013-AB1551-Introduced.html

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BILL NUMBER: AB 1551	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        JANUARY 27, 2014

   An act to add Sections 6735.7 and 8761.3 to the Business and
Professions Code, relating to professional engineers and land
surveyors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1551, as introduced, Holden. Professional engineers and land
surveyors: documents.
   Existing law provides for the licensing and regulation of
professional engineers and land surveyors by the Board for
Professional Engineers and Land Surveyors in the Department of
Consumer Affairs. Existing law requires engineering documents,
defined to include plans, calculations, specifications, and reports,
to be prepared by, or under the responsible charge of, a licensed
engineer and to include his or her name and license number. Existing
law requires all land surveying documents to be prepared by, or under
the responsible charge of, a licensed land surveyor or civil
engineer authorized to practice land surveying and to include his or
her name and license number.
   Existing law makes a violation of those provisions a misdemeanor.
   This bill would prohibit a person from using a licensed engineer's
documents, without the written consent of the licensed engineer, as
specified. The bill would also prohibit a person from using a
licensed land surveyor's maps, plats, reports, descriptions, or other
documentary evidence without the written consent of the licensed
land surveyor, as specified. The bill would prohibit a licensed
engineer or land surveyor from unreasonably withholding consent to
use these documents. The bill would make legislative findings and
declarations that the bill's provisions are declaratory of existing
law.
   Because this bill would expand the scope of an existing crime, the
bill would create a state-mandated local program.
   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 6735.7 is added to the Business and Professions
Code, to read:
   6735.7.  (a) No person shall use a licensed engineer's documents,
as defined in Sections 6735, 6735.3, and 6735.4, without the consent
of the licensed engineer in a written contract, written agreement, or
written license specifically authorizing that use.
   (b) A licensed engineer shall not unreasonably withhold consent to
use his or her documents from a person for whom the professional
engineer provided the services. A licensed engineer may reasonably
withhold consent to use the documents for cause, including, but not
limited to, lack of full payment for services provided or failure of
the requesting person to fulfill his or her obligations under a
written contract pertaining to the services.
   (c) The Legislature finds and declares that the provisions of this
section are declaratory of existing law and shall not be construed
to limit or eliminate any right otherwise granted by law.
  SEC. 2.  Section 8761.3 is added to the Business and Professions
Code, to read:
   8761.3.  (a) No person shall use a licensed land surveyor's maps,
plats, reports, descriptions, or other documentary evidence
authorized by Section 8761 without the consent of the licensed land
surveyor in a written contract, written agreement, or written license
specifically authorizing that use.
   (b) A licensed land surveyor shall not unreasonably withhold
consent to use his or her maps, plats, reports, descriptions, or
other documentary evidence from a person for whom the professional
land surveyor provided the services. A licensed land surveyor may
reasonably withhold consent to use the maps, plats, reports,
descriptions, or other documentary evidence for cause, including, but
not limited to, lack of full payment for services provided or
failure of the requesting person to fulfill his or her obligations
under a written contract pertaining to the services.
   (c) The Legislature finds and declares that the provisions of this
section are declaratory of existing law and shall not be construed
to limit or eliminate any right otherwise granted by law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.