California Senate Bill SB1099 Amended / Bill

 BILL NUMBER: SB 1099AMENDED 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.