Bill Text: CA SB1099 | 2015-2016 | Regular Session | Amended

California Senate Bill 1099 (Prior Session Legislation)

Bill Title: Land surveyors and civil engineers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1099 Detail]

Download: California-2015-SB1099-Amended.html

BILL NUMBER: SB 1099	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2016

INTRODUCED BY   Senator Cannella

                        FEBRUARY 17, 2016

   An act to amend  Section 8725   Sections
6731.1 and 8726  of the Business and Professions Code, relating
to professions.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1099, as amended, Cannella. Land  surveyors. 
 surveyors and civil engineers. 
   The  Professional Engineers Act and the  Professional
Land Surveyors' Act  establishes   establish
 the Board for Professional Engineers, Land Surveyors, and
Geologists within the Department of Consumer Affairs for the
licensure and regulation of  professional engineers and 
land  surveyors   surveyors, respectively, 
and  requires   require  any person
practicing, or offering to practice,  civil engineering or 
land  surveying   surveying, respectively, 
in the state to submit evidence that he or she is qualified to
practice and to be licensed under the  respective  act. 
Existing   law makes it a misdemeanor to practice civil
engineering or land surveying   without legal authorization.

   This bill would  make a nonsubstantive change to this
provision.   expand the definitions of civil engineering
and land surveying to include laying out through the use of
mathematics or geometric measurements the alignment or elevation for
specified items, determining the configuration or contour of the
benthic surface below water bodies or the measuring for volumetric
calculations of earthwork, as specified, and making specified
determinations by applying the principles of remote sensing. The bill
would also amend the definition of geodetic surveying. By expanding
the scope of a crime, the bill would impose 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:  no
 yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6731.1 of the  
Business and Professions Code   is amended to read: 
   6731.1.  Civil engineering also includes the practice or offer to
practice, either in a public or private capacity, all of the
following:
   (a) Locates, relocates, establishes, reestablishes,  or
retraces   retraces, or lays out through the use of
mathematics or geometric measurements  the alignment or
elevation for any of the fixed works embraced within the practice of
civil engineering, as described in Section  6731. 
 6731   or for any items designed with the practice of
electrical engineering, as described in Section 6731.5, or mechanical
engineering, as described in Section 6731.6. 
   (b) Determines the configuration or contour of the earth's
 surface or   surface, the benthic surface below
water bodies, the measuring for volumetric calculations of
earthwork, or  the position of  manmade or natural 
fixed objects above, on, or below the surface of earth by applying
the principles of  trigonometry or photogrammetry. 
 mathematics, photogrammetry, or remote sensing. 
   (c) Creates, prepares, or modifies electronic or computerized data
in the performance of the activities described in subdivisions (a)
and (b).
   (d) Renders a statement regarding the accuracy of maps or measured
survey data pursuant to subdivisions (a), (b), and (c).
   SEC. 2.    Section 8726 of the   Business
and Professions Code  is amended to read: 
   8726.  A person, including any person employed by the state or by
a city, county, or city and county within the state, practices land
surveying within the meaning of this chapter who, either in a public
or private capacity, does or offers to do any one or more of the
following:
   (a) Locates, relocates, establishes, reestablishes,  or
retraces   retraces, or lays out through the use of
mathematics or geometric measurements  the alignment or
elevation for any of the fixed works embraced within the practice of
civil engineering, as described in Section  6731. 
 6731 or for any items designed with the practice of electrical
engineering, as described in Section 6731.5, or mechanical
engineering, as described in Section 6731.6. 
   (b) Determines the configuration or contour of the earth's
surface,  the benthic surface below water bodies, the measuring
for volumetric calculations of earthwork,  or the position of
 manmade or natural  fixed objects above, on, or below the
surface of the earth by applying the principles of 
mathematics or photogrammetry.   mathematics,
photogrammetry, or remote sensing. 
   (c) Locates, relocates, establishes, reestablishes, or retraces
any property line or boundary of any parcel of land, right-of-way,
easement, or alignment of those lines or boundaries.
   (d) Makes any survey for the subdivision or resubdivision of any
tract of land. For the purposes of this subdivision, the term
"subdivision" or "resubdivision" shall be defined to include, but not
be limited to, the definition in the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7 of the Government Code)
or the Subdivided Lands Law (Chapter 1 (commencing with Section
11000) of Part 2 of Division 4 of this code).
   (e) By the use of the principles of land surveying determines the
position for any monument or reference point which marks a property
line, boundary, or corner, or sets, resets, or replaces any monument
or reference point.
   (f) Geodetic  surveying  or cadastral surveying. As used
in this chapter, geodetic surveying means performing 
surveys,   surveys by using techniques or methods of
three-dimensional geospatial data acquisition  in which account
is taken of the figure and size of the earth to determine or
predetermine the horizontal or vertical positions of fixed objects
thereon or related thereto, geodetic control points, monuments, or
stations for use in the practice of land surveying or for stating the
 position   geospatial establishment of
three-dimensional positions  of fixed objects, geodetic control
points, monuments, or stations by California Coordinate System
 coordinates.   coordinates in accordance with
Chapter 1 (commencing with Section 8801) of Division 8 of the Public
Resources Code. 
   (g) Determines the information shown or to be shown on any map or
document prepared or furnished in connection with any one or more of
the functions described in subdivisions (a), (b), (c), (d), (e), and
(f).
   (h) Indicates, in any capacity or in any manner, by the use of the
title "land surveyor" or by any other title or by any other
representation that he or she practices or offers to practice land
surveying in any of its branches.
   (i) Procures or offers to procure land surveying work for himself,
herself, or others.
   (j) Manages, or conducts as manager, proprietor, or agent, any
place of business from which land surveying work is solicited,
performed, or practiced.
   (k) Coordinates the work of professional, technical, or special
consultants in connection with the activities authorized by this
chapter.
   (  l  ) Determines the information shown or to be shown
within the description of any deed, trust deed, or other title
document prepared for the purpose of describing the limit of real
property in connection with any one or more of the functions
described in subdivisions (a) to (f), inclusive.
   (m) Creates, prepares, or modifies electronic or computerized data
in the performance of the activities described in subdivisions (a),
(b), (c), (d), (e), (f), (k), and (  l  ).
   (n) Renders a statement regarding the accuracy of maps or measured
survey data.
   Any department or agency of the state or any city, county, or city
and county that has an unregistered person in responsible charge of
land surveying work on January 1, 1986, shall be exempt from the
requirement that the person be licensed as a land surveyor until the
person currently in responsible charge is replaced.
   The review, approval, or examination by a governmental entity of
documents prepared or performed pursuant to this section shall be
done by, or under the direct supervision of, a person authorized to
practice land surveying.
   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.  
  SECTION 1.    Section 8725 of the Business and
Professions Code is amended to read:
   8725.  Any person practicing, or offering to practice, land
surveying in this state shall submit evidence that he or she is
qualified to practice and shall be licensed under this chapter.
   It is unlawful for any person to practice, offer to practice, or
represent herself or himself, as a land surveyor in this state, or to
set, reset, replace, or remove any survey monument on land in which
he or she has no legal interest, unless he or she has been licensed
or specifically exempted from licensing under this chapter.