Bill Text: CA SB152 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Licensed professionals: engineers: geologists: geophysicists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 178, Statutes of 2013. [SB152 Detail]

Download: California-2013-SB152-Amended.html

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BILL NUMBER: SB 152	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 19, 2013

INTRODUCED BY   Senator Roth

                        JANUARY 31, 2013

   An act to  amend Sections 6775, 6799, and 7860 of,  
to  add Section 7839.2 to  , and   to repeal
Sections 6760, 7848, and 7848.1 of,  the Business and
Professions Code, relating to  geologists and geophysicists
  professions and vocations  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 152, as amended, Roth.  Geologists and geophysicists:
written contracts.   Licensed professionals: engineers:
geologists: geophysicists.  
   Existing law, the Professional Engineers Act, generally regulates
the practice of persons engaged in the practice of engineering. The
act provides for a temporary authorization to practice engineering,
as specified.  
   This bill would delete the provisions allowing for a temporary
authorization to practice as an engineer and would make additional
conforming changes. 
   Existing law, the Geologist and Geophysicist Act, generally
regulates the practice of persons engaged in the practice of geology
and persons engaged in the practice of geophysics. Violations of the
act are a misdemeanor.  The act provides for a temporary
authorization to practice as a geologist or geophysicist, as
specified. 
   This bill would, subject to exceptions, require geologists and
geophysicists to use a written contract when contracting to provide
geological or geophysical services to a client, as specified. The
bill would specify certain information to be included in the
contract.  The bill would delete the provisions allowing for
temporary authorizations to practice as a geologist or geophysicist
and would make additional conforming changes. 
   By imposing requirements on geologists and geophysicists, the
violation of which is a crime, this 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: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 6760 of the   Business
and Professions Code  is repealed.  
   6760.  A temporary authorization to practice engineering in a
branch defined by this chapter may be granted for a specific project,
upon application and payment of the fee prescribed in Section 6799,
for a period not to exceed 180 consecutive days, if the applicant
complies with all of the following:
   (a) The applicant maintains no place of business in this state.
   (b) The applicant is legally qualified to practice the branch of
engineering in which he or she is seeking the temporary authorization
in the state or country where he or she maintains a place of
business.
   (c) (1) The applicant, if applying for a temporary authorization
to practice civil engineering, demonstrates by means of an individual
appearance before the board satisfactory evidence of his or her
knowledge of the application of seismic forces in the design of
structures or adequate knowledge in any of the other phases of civil
engineering as related to the specific project for which the
temporary authorization is requested.
   (2) The applicant, if applying for a temporary authorization to
practice engineering in a branch defined by this chapter other than
civil engineering, demonstrates by means of an individual appearance
before the board, satisfactory evidence of his or her knowledge in
the branch of professional engineering in which the applicant
proposes to practice under the temporary authorization as related to
the specific project for which the temporary authorization is
requested.
   (d) The applicant takes and passes the examination in the state
laws and board rules described in Section 6755.1.
   (e) The applicant notifies the board in writing of his or her
intention to practice, stating the approximate date he or she intends
to commence the specific project and the approximate duration of the
specific project, which shall not exceed 180 consecutive days from
the commencement date of the specific project.
   Upon completion of the requirements, the executive officer, on the
direction of the board, shall issue a temporary authorization to the
applicant. 
   SEC. 2.    Section 6775 of the   Business
and Professions Code   is amended to read: 
   6775.  The board may, upon its own initiative or upon the receipt
of a complaint, investigate the actions of any professional engineer
licensed under this chapter  or any person granted temporary
authorization pursuant to Section 6760  and make findings
thereon.
   By a majority vote, the board may publicly reprove, suspend for a
period not to exceed two years, or revoke the certificate of any
professional engineer licensed under this chapter  or may
revoke the temporary authorization granted to any person pursuant to
Section 6760  on any of the following grounds:
   (a) Any conviction of a crime substantially related to the
qualifications, functions, and duties of a licensed professional
engineer, in which case the certified record of conviction shall be
conclusive evidence thereof.
   (b) Any deceit, misrepresentation, or fraud in his or her
practice.
   (c) Any negligence or incompetence in his or her practice.
   (d) A breach or violation of a contract to provide professional
engineering services.
   (e) Any fraud, deceit, or misrepresentation in obtaining his or
her certificate as a professional engineer or in obtaining a
temporary authorization pursuant to Section 6760.
   (f) Aiding or abetting any person in the violation of any
provision of this chapter or any regulation adopted by the board
pursuant to this chapter.
   (g) A violation in the course of the practice of professional
engineering of a rule or regulation of unprofessional conduct adopted
by the board.
   (h) A violation of any provision of this chapter or any other law
relating to or involving the practice of professional engineering.
   SEC. 3.    Section 6799 of the  Business and
Professions Code   is amended to read: 
   6799.   (a)    The amount of the fees prescribed
by this chapter shall be fixed by the board in accordance with the
following schedule: 
   (a) 
    (1)  The fee for filing each application for licensure
as a professional engineer and each application for authority level
designation at not more than four hundred dollars ($400) and for each
application for certification as an engineer-in-training at not more
than one hundred dollars ($100). 
   (b) 
    (2)  The fee to take an examination administered by a
public or private organization pursuant to Section 6754 shall be no
greater than the actual cost of the development and administration of
the examination and may be paid directly to the organization by the
applicant. 
   (c) 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.  
   (d) 
    (3)  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. 
   (e) 
    (4)  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. 
   (f) 
    (5)  The delinquency fee at not more than 50 percent of
the renewal fee in effect on the date of reinstatement. 
   (g) 
    (6)  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. 
   (h) 
    (7)  All other document fees are to be set by the board
by rule. 
    Applicants 
    (b)     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.
   SECTION 1.   SEC. 4.   Section 7839.2 is
added to the Business and Professions Code, to read:
   7839.2.  (a) A geologist or geophysicist shall use a written
contract when contracting to provide geological or geophysical
services to a client pursuant to this chapter. The written contract
shall be executed by the geologist or geophysicist and the client or
the client's representative prior to the geologist or geophysicist
commencing work, unless the client states in writing that work may be
commenced before the contract is executed. The written contract
shall include, but is not limited to, all of the following:
   (1) A description of the services to be provided to the client by
the geologist or geophysicist.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
geologist or geophysicist, and the name and address of the client.
   (4) A description of the procedure that the geologist or
geophysicist and the client will use to accommodate additional
services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) Subdivision (a) shall not apply to any of the following:
   (1) Geologic or geophysical services rendered by a geologist or
geophysicist for which the client will not pay compensation.
   (2) A geologist or geophysicist who has a current or prior
contractual relationship with the client to provide geologic or
geophysical services, and who has already been paid the fees that are
due under the contract by the client.
   (3) If the client executes a waiver in writing after full
disclosure of this section that a contract that complies with the
requirements of this section is not required.
   (4) Geological or geophysical services rendered by a geologist or
geophysicist to any of the following:
   (A) A geologist or geophysicist licensed under this chapter.
   (B) An engineer licensed under Chapter 7 (commencing with Section
6700).
   (C) A land surveyor licensed under Chapter 15 (commencing with
Section 8700).
   (D) An architect licensed under Chapter 3 (commencing with Section
5500).
   (E) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (F) A public agency.
   (c) As used in this section, "written contract" includes a
contract in electronic form.
   SEC. 5.    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. 6.    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. 7.    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 professional
geologist, geophysicist,  or person granted temporary
authorizations pursuant to Sections 7848 and 7848.1,  and
make findings thereon.
   (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,  on any of the
following grounds:
   (1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist.
   (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 or deceit in obtaining a certificate to practice as a
geologist or geophysicist, or in obtaining a temporary authorization
to practice pursuant to Section 7848 or 7848.1.
   (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 under this chapter,
 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 or abetting any person in a violation of this chapter
or any regulation adopted by the board pursuant to this chapter.
   (2) Violating this chapter or any regulation adopted by the board
pursuant to this chapter.
   (3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.
   SEC. 2.   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.