AB 3253

Bill Subjects

Abstract

(1) Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists (board) , which is within the Department of Consumer Affairs, to license and regulate engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors' Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law requires the board to appoint an executive officer. Existing law repeals the provisions establishing the board, requiring the board to appoint an executive officer, and vesting the board with the power to administer these provisions on January 1, 2025. This bill would extend these repeal dates to January 1, 2029. (2) Under existing law, the board consists of 15 members. Existing law requires the term of office of any member of specified agencies, including the board, to be for a term of 4 years expiring on June 1. Existing law also requires each member to be at least 30 years of age. This bill would remove the term and age requirements for members of the board. (3) Existing law authorizes the Governor to remove any member of the board for misconduct, incompetency, or neglect of duty. This bill would delete that provision, and would instead authorize each appointing authority to remove from office at any time any member of the board appointed by that appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct. (4) Existing law regulates the examination for applicants for licensure as a professional engineer, including by requiring the exam duration and composition to be designed to conform to a specified general principle, consisting of two divisions. Existing law authorizes the board, by rule, to provide for a waiver of the second division of the examination for certain eminently qualified persons. Existing law requires the board to administer questions to test the applicant's knowledge of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer. This bill would authorize the board, by rule, to provide for a waiver of any part of the second division of the examination for certain eminently qualified persons. The bill would instead require the board to administer questions to test the applicant's knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer. (5) Existing law authorizes the board to refund to applicants for licensure as a professional engineer, for certification as an engineer-in-training, for authorization to use the title "structural engineer" or "soil engineer," for license as a land surveyor, or for certification as a land surveyor-in-training who the board finds lack the qualifications for such license, certification, or authorization, one-half of the amount of their application fee. This bill would, instead, authorize the board to refund to the above-described applicants their examination fee. (6) The Professional Engineers Act makes it a misdemeanor for a person to present or attempt to file as the person's own the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate of licensure, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of licensure, to impersonate or use the seal, signature, or license number of a licensed professional engineer or use a false license number, or to use an expired, suspended, surrendered, or revoked license. This bill would expand these misdemeanors to include persons who present or attempt to file as the person's own certificate of an engineer-in-training, give false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training, impersonate or use the certificate number of an engineer-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, this bill would impose a state-mandated local program. (7) The Geologist and Geophysicist Act makes certain acts a misdemeanor, 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, including to present or attempt to file as their own the certificate of registration of another person, to give false evidence of any kind to the board, or to any board member, in obtaining a certificate of registration, to impersonate or use the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or use a false license number, or use an expired, suspended, surrendered, or revoked license. This bill would remove the above-described provisions relating to fines and imprisonment and, instead, make it a misdemeanor to present or attempt to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist unless they are the person named on the certificate or the license. The bill would also make it a misdemeanor to give false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license, to impersonate or use the certificate number of a geologist-in-training or use a false certificate, or use an expired, suspended, surrendered or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program. (8) The Professional Land Surveyors' Act makes it a misdemeanor to presents as their own the license of a professional land surveyor unless they are the person named on the license, give false evidence of any kind to the board, or to any board member, in obtaining a license, impersonate or use the seal, signature, or license number of a professional land surveyor or use a false license number, or use an expired, suspended, surrendered, or revoked license. This bill would expand these misdemeanors to include persons who present as their own the certificate of a land surveyor-in-training unless they are the person named on the certificate, give false evidence of any kind to the board, or to any board member, in obtaining a certificate, impersonate or use the certificate number of a land surveyor-in-training or uses a false certificate, or use an expired, suspended, surrendered, or revoked certificate. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program. (9) Existing law requires professional engineers, professional geologists or professional geophysicists, and licensed land surveyors or licensed civil engineers authorized to practice land surveying to use a written contract when contracting to provide their respective services to a client. Existing law requires those contracts to include specified information, including, among other things, a description of the services to be provided to the client. This bill would additionally require those contracts to include disclosure of any existence of a current professional liability insurance policy covering the professional engineer, professional geologist or professional geophysicist, or licensed land surveyor or licensed civil engineer in responsible charge of the services. (10) Existing law authorizes one or more civil, electrical, or mechanical engineers to practice or offer to practice, within the scope of their license, civil, electrical, or mechanical engineering as a business, as defined, if certain requirements are met, including that the engineer currently licensed is an owner, partner, or officer in charge of the engineering practice of the business, and that all civil, electrical, or mechanical engineering services are performed by, or under the responsible charge of, a professional engineer licensed in the appropriate branch of professional engineering. Existing law also requires all businesses engaged in rendering civil, electrical, or mechanical engineering services to file a current organization record form with the board. This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements. (11) Existing law authorizes one or more licensed land surveyors or civil engineers licensed before 1982 to practice or offer to practice, within the scope of their licensure, land surveying as a business, as defined, if certain conditions are satisfied, including that the land surveyor or civil engineer currently licensed is an owner, partner, or officer in charge of the land surveying practice of the business, and that all land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer. Existing law also requires all businesses engaged in rendering professional land surveying services to file a current organization record form with the board. This bill would require those businesses to file, in addition to the above-described form, documentary evidence that demonstrates compliance with the above-described requirements. (12) Existing law requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under these provisions. Existing law requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified. This bill would make a nonsubstantive change to those provisions, and would, until January 1, 2029, require a land surveyor or registered civil engineer using any monument as a control, to similarly reconstruct or rehabilitate that monument. (13) Existing law makes any violation of the Professional Land Surveyors' Act a misdemeanor. By expanding the scope of practices subject to the Professional Land Surveyors' Act, 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. (14) This bill would incorporate additional changes to Sections 6738 and 8729 of the Business and Professions Code proposed by AB 1862 to be operative only if this bill and AB 1862 are enacted and this bill is enacted last.