Bill Text: CA AB645 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professional engineers and land surveyors: licensing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 368, Statutes of 2009. [AB645 Detail]
Download: California-2009-AB645-Amended.html
Bill Title: Professional engineers and land surveyors: licensing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 368, Statutes of 2009. [AB645 Detail]
Download: California-2009-AB645-Amended.html
BILL NUMBER: AB 645 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2009
INTRODUCED BY Assembly Member Niello
FEBRUARY 25, 2009
An act to amend Sections 6795, 6799, 8801, and 8805 of
the Business and Professions Code, relating to professions and
vocations, and making an appropriation therefor. An
act to amend Sections 6735, 6735.3, 6735.4, 6764, 8750, 8761, and
8764.5 of the Business and Professions Code, relating to professional
engineers and land surveyors.
LEGISLATIVE COUNSEL'S DIGEST
AB 645, as amended, Niello. Professional engineers and land
surveyors: licensing.
Existing law, the Professional Engineers Act, provides for the
licensing and regulation of the practice of civil engineering,
electrical engineering, mechanical engineering, and the Professional
Land Surveyors Act provides for licensing and regulation of land
surveying by the Board of Professional Engineers and Land Surveyors.
A violation of these acts is a crime.
Existing law requires that any civil engineering, mechanical
engineering, or electrical engineering plans and other specified
documents, prepared by a registered engineer, that are permitted or
that are to be released for construction shall bear the signature and
seal or stamp of the registrant, the date of signing and sealing or
stamping, and the expiration date of the certificate, authority, or
registration.
This bill would instead require that these documents bear the
signature and seal of the licensee and the date of signing and
sealing or stamping.
Existing law permits a licensed land surveyor to obtain a stamp or
seal with the designation "Licensed Land Surveyor" containing the
expiration date of the license. Existing law requires that specified
multiple page land surveying documents contain the signature, seal or
stamp, date of signing and sealing or stamping, and expiration date
of the license on specified pages.
This bill would create a state-mandated local program by requiring
licensed land surveyors to obtain the stamp or seal and would
eliminate the requirement that the license expiration date appear on
the stamp or seal and the multiple page land surveying documents.
This bill would also make nonsubstantive, technical, and conforming
changes.
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.
Existing law provides for the licensure and regulation of
professional engineers and land surveyors by the Board of
Professional Engineers and Land Surveyors in the Department of
Consumer Affairs, and requires licenses issued by the board to be
renewed every 2 years. Existing law authorizes the board to fix
license application fees, up to specified maximum amounts, and
provides for other fees, the amounts of which are based on the amount
of the application fees. Those fees are deposited into the
Professional Engineers and Land Surveyors Fund, a continuously
appropriated fund.
This bill would instead require licenses issued by the board to be
renewed every 4 years and would double the maximum amounts of the
license application fees. By increasing the amount of funds deposited
into a continuously appropriated fund, the bill would make an
appropriation.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6735 of the Business
and Professions Code is amended to read:
6735. (a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as "documents") shall be prepared by, or
under the responsible charge of, a registered
licensed civil engineer and shall include his or her name and
license number. Interim documents shall include a notation as to the
intended purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All civil
engineering plans and specifications that are permitted or that are
to be released for construction shall bear the signature and seal or
stamp of the registrant, licensee and
the date of signing and sealing or stamping , and the
expiration date of the certificate or authority . All final
civil engineering calculations and reports shall bear the signature
and seal or stamp of the registrant,
licensee, and the date of signing and sealing or stamping
, and the expiration date of the certificate or authority
. If civil engineering plans are required to be signed and
sealed or stamped and have multiple sheets, the signature, seal or
stamp, and date of signing and sealing or stamping
, and expiration date of the certificate or authority
shall appear on each sheet of the plans. If civil
engineering specifications, calculations, and reports are required to
be signed and sealed or stamped and have multiple pages, the
signature, seal or stamp, and date of signing and sealing
or stamping , and expiration date of the certificate or
authority shall appear at a minimum on the title sheet,
cover sheet, or signature sheet.
(b) Notwithstanding subdivision (a), a registered
licensed civil engineer who signs civil
engineering documents shall not be responsible for damage caused by
subsequent changes to or uses of those documents, if the subsequent
changes or uses, including changes or uses made by state or local
governmental agencies, are not authorized or approved by the
registered licensed civil engineer who
originally signed the documents, provided that the engineering
service rendered by the civil engineer who signed the documents was
not also a proximate cause of the damage.
SEC. 2. Section 6735.3 of the Business
and Professions Code is amended to read:
6735.3. (a) All electrical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of, a
registered licensed electrical engineer shall
include his or her name and license number. Interim documents shall
include a notation as to the intended purpose of the document, such
as "preliminary," "not for construction," "for plan check only," or
"for review only." All electrical engineering plans and
specifications that are permitted or that are to be released for
construction shall bear the signature and seal or stamp of the
registrant, licensee and the date of
signing and sealing or stamping , and the expiration date of
the registration . All final electrical engineering
calculations and reports shall bear the signature and seal or stamp
of the registrant, licensee and the
date of signing and sealing or stamping , and the expiration
date of the registration . If electrical engineering plans
are required to be signed and sealed or stamped
and have multiple sheets, the signature, seal or stamp, and
date of signing and sealing or stamping , and
expiration date of the registration shall appear on each
sheet of the plans. If electrical engineering specifications,
calculations, and reports are required to be signed and sealed or
stamped and have multiple pages, the signature, seal or stamp,
and date of signing and sealing or stamping , and
expiration date of the registration shall appear at a
minimum on the title sheet, cover sheet, or signature sheet.
(b) Notwithstanding subdivision (a), a registered
licensed electrical engineer who signs
electrical engineering documents shall not be responsible for damage
caused by subsequent changes to or uses of those documents, if the
subsequent changes or uses, including changes or uses made by state
or local governmental agencies, are not authorized or approved by the
registered licensed electrical
engineer who originally signed the documents, provided that the
engineering service rendered by the electrical engineer who signed
the documents was not also a proximate cause of the damage.
SEC. 3. Section 6735.4 of the Business
and Professions Code is amended to read:
6735.4. (a) All mechanical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of, a
registered licensed mechanical engineer shall
include his or her name and license number. Interim documents shall
include a notation as to the intended purpose of the document, such
as "preliminary," "not for construction," "for plan check only," or
"for review only." All mechanical engineering plans and
specifications that are permitted or that are to be released for
construction shall bear the signature and seal or stamp of the
registrant, licensee and the date of
signing and sealing or stamping , and the expiration date of
the registration . All final mechanical engineering
calculations and reports shall bear the signature and seal or stamp
of the registrant, licensee and the
date of signing and sealing or stamping , and the expiration
date of the registration . If mechanical engineering plans
are required to be signed and sealed or stamped
and have multiple sheets, the signature, seal or stamp, and
date of signing and sealing or stamping , and
expiration date of the certificate of registration shall
appear on each sheet of the plans. If mechanical engineering
specifications, calculations, and reports are required to be signed
and sealed or stamped and have multiple pages, the signature, seal or
stamp, and date of signing and sealing or stamping
, and expiration date of the registration shall
appear at a minimum on the title sheet, cover sheet, or signature
sheet.
(b) Notwithstanding subdivision (a), a registered
licensed mechanical engineer who signs
mechanical engineering documents shall not be responsible for damage
caused by subsequent changes to or uses of those documents, if the
subsequent changes or uses, including changes or uses made by state
or local governmental agencies, are not authorized or approved by the
registered licensed mechanical
engineer who originally signed the documents, provided that the
engineering service rendered by the mechanical engineer who signed
the documents was not also a proximate cause of the damage.
SEC. 4. Section 6764 of the Business
and Professions Code is amended to read:
6764. Each professional engineer registered
licensed under this chapter shall, upon
registration licensure , obtain a seal or stamp
of a design authorized by the board bearing the registrant's
licensee's name, number of his or her
certificate or authority, the legend "professional engineer" and the
designation of the particular branch or authority in which he or she
is registered, and may bear the expiration date of the
certificate or authority licensed .
SEC. 5. Section 8750 of the Business
and Professions Code is amended to read:
8750. Upon being licensed, each licensee may
shall obtain a stamp or seal of the design authorized by
the board bearing the licensee's name, number of certificate, and the
legend "Licensed Land Surveyor," or "Professional Land Surveyor."
The stamp or seal shall contain the expiration date of the
license, or a space within which the expiration date must be written.
SEC. 6. Section 8761 of the Business
and Professions Code is amended to read:
8761. (a) Any licensed land surveyor or civil engineer authorized
to practice land surveying may practice land surveying and prepare
maps, plats, reports, descriptions, or other documentary evidence in
connection with that practice. All
(b) All maps, plats, reports,
descriptions, or other land surveying documents shall be
prepared by, or under the responsible charge of a licensed land
surveyor or civil engineer authorized to practice land surveying and
shall include his or her name and license number. If the
document has multiple pages or sheets, the signature, the seal or
stamp, date of signing and sealing or stamping, and expiration date
of the license shall appear, at a minimum, on the title sheet, cover
sheet or page, or signature sheet.
(b)
(c) Interim maps, plats, reports, descriptions, or
other land surveying documents shall include a notation as
to the intended purpose of the map, plat, report, description, or
other document, such as "preliminary" or "for examination only."
(c)
(d) All final maps, plats, reports, descriptions, or
other land surveying documents issued by a licensed land
surveyor or civil engineer authorized to practice land surveying
shall bear the signature and seal or stamp of the licensee ,
and the date of signing and sealing or stamping
, and the expiration date of the license .
If the land surveying document has multiple pages or sheets, the
signature, seal or stamp, and date of signing and sealing or stamping
shall appear, at a minimum, on the title sheet, cover sheet or page,
or signature sheet, unless otherwise required by law.
(d)
(e) It is unlawful for any person to sign, stamp, seal,
or approve any map, plat, report, description, or other land
surveying document unless the person is authorized to practice
land surveying.
(e)
(f) It is unlawful for any person to stamp or seal any
map, plat, report, description, or other land surveying
document with the seal or stamp after the certificate of
the licensee that is named on the seal or stamp has
expired or has been suspended or revoked, unless the certificate has
been renewed or reissued.
SEC. 7. Section 8764.5 of the Business
and Professions Code is amended to read:
8764.5. Statements shall appear on the map as follows:
Surveyor's Statement
This map correctly represents a survey made
by me or under my direction in conformance
withtherequirementsoftheProfessional
LandSurveyors'Act at the request of _____________
Name of Person Authorizing Survey
in ____, 20__.
(Signed and sealed) ___________________________
L.S. (or R.C.E.) No. __________________________
License expiration date _______________________
County Surveyor's Statement
This map has been examined in accordance with
Section 8766 of the Professional Land Surveyors'
Act this ____ day of ____, 20__.
(Signed and sealed) _________________
County Surveyor
L.S. (or R.C.E.) No. __________________________
License expiration date _______________________
Recorder's Statement
Filed this ____ day of ____, 20__, at ____.m.
in Book ____ of ____ at page ____, at the
request of ____.
(Signed) _________________
County Recorder
No other statements may appear on the face of the map except those
required or authorized by this article.
SEC. 8. 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.
SECTION 1. 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
years from the assigned date of renewal. Quadrennial 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. 2. 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 licensure as a
professional engineer and each application for authority level
designation at not more than eight hundred dollars ($800), and for
each application for certification as an engineer-in-training at not
more than two hundred dollars ($200).
(b) The temporary authorization 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 licensure 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. 3. Section 8801 of the Business and
Professions Code is amended to read:
8801. Licenses issued under this chapter expire every four years,
if not renewed. Quadrennial renewals shall be staggered on a
quarterly basis. To renew an unexpired license the licenseholder
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. 4. 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 eight hundred dollars ($800), and for each
application for certification as a land surveyor-in-training (LSIT)
at not more than two hundred dollars ($200).
(b) The renewal fee for a land surveyor at not more than the
application fee.
(c) 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.
(d) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(e) 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.
(f) All other document fees are to be set by the board by rule.
