California Senate Bill SB1165 Introduced / Bill

 BILL NUMBER: SB 1165INTRODUCED BILL TEXT INTRODUCED BY Senator Cannella FEBRUARY 18, 2016 An act to amend Sections 6796, 6796.3, 6796.5, 7835, 7835.1, 7852, 7852.1, 7884, 8802, 8803, and 8803.1 of the Business and Professions Code, relating to professions. LEGISLATIVE COUNSEL'S DIGEST SB 1165, as introduced, Cannella. Engineers, geologists, geophysicists, and land surveyors. The Board for Professional Engineers, Land Surveyors, and Geologists administrates the Professional Engineers Act, the Geologist and Geophysicist Act, and the Professional Land Surveyors' Act, each of which defines and regulates their respective professions. The Professional Engineers Act generally permits certificates of registration as a professional engineer and certificates of authority, which authorize the use of specific titles, to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance of these certificates unless the applicant meets certain requirements. This bill would extend the 3-year period to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of these certificates after this time. The bill would authorize the holder of a certificate after that time to apply and obtain a new certificate if he or she has not committed acts or crimes that are grounds for denial and he or she passes an examination, if required. The bill would also make other technical and conforming changes. Existing law prescribes requirements for plans, specifications, reports, or other documents prepared by a professional geologist or geophysicist, or by a subordinate, including a requirement that they be signed or stamped with the practitioner's seal. Existing law authorizes geologists, specialty geologists, geophysicists, and specialty geophysicists to obtain a seal that meets specified requirements. This bill would require the plans, specifications, reports, and other documents prepared by geologists or geophysicists, or their subordinates, to be both signed and stamped. The bill would instead require geologists, specialty geologists, geophysicists, and specialty geophysicists to obtain a seal. The bill would revise references relating to registration to instead refer to licensure. The Professional Land Surveyors Act generally permits licensees to be renewed at any time within 3 years after expiration. The act prohibits the renewal, restoration, reinstatement, or reissuance of these licenses unless the applicant meets certain requirements. This bill would extend the period within which a renewal may be made to 5 years after expiration. The bill would generally prohibit the renewal, restoration, reinstatement, or reissuance of these certificates after this time. The bill would authorize the holder of a license after that time to apply and obtain a new license if he or she has not committed acts or crimes that are grounds for denial and he or she passes an examination, if required. This bill would also make other technical and conforming changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6796 of the Business and Professions Code is amended to read: 6796. Except as otherwise provided in this article, certificates of registration as a professional  engineer,   engineer  and certificates of authority may be renewed at any time within  three   five  years after expiration on filing of application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the certificate is renewed more than 60 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. The expiration date of a certificate renewed pursuant to this section shall be determined pursuant to Section 6795. SEC. 2. Section 6796.3 of the Business and Professions Code is amended to read: 6796.3.  (a)    Certificates of registration as a professional engineer, and certificates of authority to use the title "structural engineer," "soil engineer," or "consulting engineer" that are not renewed within  three   five  years after expiration may not be renewed, restored, reinstated, or  reissued unless all of the following apply:   reissued. After five years after expiration, the holder of a certificate   may apply for and obtain a new certificate subject to the following:   (a) The registrant or certificate holder has   (1)     He or she has  not committed any acts or crimes constituting grounds for denial of  registration or of a certificate   licensure  under Section 480.  (b) The registrant or certificate holder   (2)     He or she  takes and passes the  examination   examination, if any,  that would be required of him or her if he or she were then applying for the certificate for the first  time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to practice the branch of engineering in which he or she seeks renewal or reinstatement.   time.   (c) The registrant or certificate holder pays all of the fees that would be required of him or her if he or she were then applying for the certificate for the first time. If the registrant or certificate holder has been practicing in this state with an expired or delinquent license and receives a waiver from taking the examination as specified in subdivision (b) then he or she shall pay all accrued and unpaid renewal fees.   The   (b)     The  board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to this section. SEC. 3. Section 6796.5 of the Business and Professions Code is amended to read: 6796.5. Once an expired or delinquent certificate of registration or certificate of authority is  renewed, restored, reinstated, or reissued   renewed  pursuant to Section  6796 or 6796.3,   6796,  all the following shall apply: (a) The board shall continue to have full jurisdiction and authority over the registrant or certificate holder as if the registration or authority had not expired or become delinquent. (b) The work performed by the registrant or certificate holder during a period of expiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the registrant or authority holder. (c) The  renewal, restoration, reinstatement, or reissuance   renewal  of a registration or certificate of authority shall not affect liability issues regarding work performed during a period of expiration or delinquency, nor does the fact of performance during a period of expiration  on   or  delinquency affect liability issues. SEC. 4. Section 7835 of the Business and Professions Code is amended to read: 7835. All geologic plans, specifications, reports, or documents shall be prepared by a professional geologist or  registered   licensed  certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geologist or  registered   licensed  certified specialty geologist  or   and  stamped with his or her seal,  either   both  of which shall indicate his or her responsibility for them. SEC. 5. Section 7835.1 of the Business and Professions Code is amended to read: 7835.1. All geophysical plans, specifications, reports, or documents shall be prepared by a professional geophysicist,  registered   licensed  certified specialty geophysicist, professional geologist,  registered   licensed  certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geophysicist,  registered   licensed  certified specialty geophysicist, professional geologist, or  registered   licensed  certified specialty geologist,  or   and  stamped with his or her seal,  either   both  of which shall indicate his or her responsibility for them. SEC. 6. Section 7852 of the Business and Professions Code is amended to read: 7852. (a) Each geologist  registered   licensed  under this chapter  may, upon registration,   shall, upon licensure,  obtain a seal of the design authorized by the board bearing the  registrant's   licensee's  name, number of his or her certificate, and the legend "professional geologist." (b) Each specialty geologist certified under this chapter  may,   shall,  upon certification, obtain a seal of the design authorized by the board bearing the  registrant' s   licensee's  name, number of his or her certificate, and the legend of the appropriate specialty in geology in which he or she is certified under this chapter. SEC. 7. Section 7852.1 of the Business and Professions Code is amended to read: 7852.1. (a) Each geophysicist registered   licensed  under this chapter  may, upon registration,   shall, upon licensure,  obtain a seal of the design authorized by the board bearing the  registrant's   licensee's  name, number of his or her certificate, and the legend "professional geophysicist." (b) Each specialty geophysicist certified under this chapter  may,   shall,  upon certification, obtain a seal of the design authorized by the board bearing the  registrant's   licensee's  name, number of his or her certificate, and the legend of the appropriate specialty in geophysics in which he or she is certified under this chapter. SEC. 8. Section 7884 of the Business and Professions Code is amended to read: 7884. Certificates of  registration   licensure  as a geologist or as a geophysicist or certified specialty certificates which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of  such   that  certificate may apply for and obtain a new certificate, however, if: (a) He  or she  has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) He  or she  takes and passes the examination, if any, which would be required of him  or her  if he  or she  were then applying for the certificate for the first time. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to  the provisions of  this section. SEC. 9. Section 8802 of the Business and Professions Code is amended to read: 8802. Except as otherwise provided in this article, licenses issued under this chapter may be renewed at any time within  three   five  years after expiration on filing of application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 8801 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. SEC. 10. Section 8803 of the Business and Professions Code is amended to read: 8803.  (a)    A license  which   that  is not renewed within  three   five  years after its expiration may not be renewed, restored, reissued, or  reinstated thereafter, unless all of the following apply:  reinstated. After five years after expiration, t   he holder of a license   may apply for and obtain a new license subject to the following:   (a) The licensee   (1)     He or she has  not committed any acts or crimes constituting grounds for denial of licensure under Section 480.  (b) The licensee pays all of the fees which would be required if applying for the license for the first time. If the registrant or certificate holder has been practicing in this state with an expired or delinquent license and receives a waiver from taking the examination as specified in subdivision (c) then he or she shall pay all accrued and unpaid renewal fees.   (c) The licensee   (2)     He or she  takes and passes the  examination which   examination, if any, that  would be required if applying for the license for the first  time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, the licensee is qualified to engage in the practice of land surveying.   time.   The   (b)     The  board may, by  appropriate  regulation,  authorize   provide for  the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination  under   pursuant to  this section. SEC. 11. Section 8803.1 of the Business and Professions Code is amended to read: 8803.1. Once an expired or delinquent license is  renewed, restored, reinstated, or reissued   renewed  pursuant to Section  8803,   8802,  all of the following apply: (a) The board shall continue to have full jurisdiction and authority over the licensee as if the license had not expired or become delinquent. (b) The work performed by the licensee during a period of expiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the licensee. (c) The  renewal, restoration, reinstatement, or reissuance   renewal  of a license shall not affect liability issues regarding work performed during a period of expiration or delinquency, nor does the fact of performance during a period of expiration or delinquency affect liability issues.