Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3334Introduced by Assembly Member ChenFebruary 21, 2020 An act to amend Section 8726 Sections 6731.1, 8726, and 8729 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 3334, as amended, Chen. Professional Land Surveyors Act. and Professional Engineers Act.(1) The Professional Engineers Act and the Professional Land Surveyors Act provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Under those acts, a land surveyor includes a person who engages in specified practices, and civil engineering is defined to include a person who locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as defined, determines the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry, or engages in geodetic or cadastral surveying, as defined.This bill would include within the practices that subject a person to those acts, with regard to the practice of identifying the alignment or elevation for any exterior location of buildings, as defined, or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for the construction of those buildings or other fixed works embraced within the practice of civil engineering. The bill would expand the practice of land surveying and civil engineering to include determining the benthic surface below water bodies and the measuring for volumetric calculations of earthwork. The bill, with respect to the practice of making determinations regarding the position of objects, would expand that practice to include such a determination made by applying the principles of mathematics, photogrammetry, or remote sensing, as defined. The bill would further revise that practice so that the determination regarding the position of objects is made regarding either manmade or natural objects, instead of fixed objects. The bill would modify the definition of geodetic surveying for purposes of the Professional Land Surveyors Act to mean performing surveys by using techniques or methods of 3-dimensional data acquisitions, and make conforming changes to that effect.(2) The Professional Land Surveyors Act provides that it does not prevent an individual or business engaged in any line or endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.This bill would delete that provision.(3) Existing law makes any violation of the Professional Engineers Act or the Professional Land Surveyors Act a misdemeanor.By expanding the scope of practices subject to the Professional Engineers Act and 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.Existing law, the Professional Land Surveyors Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Existing law defines land surveying for purposes of the act.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe 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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).SECTION 1.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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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. Section 8729 of the Business and Professions Code, as amended by Section 3 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 4. Section 8729 of the Business and Professions Code, as amended by Section 4 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3334Introduced by Assembly Member ChenFebruary 21, 2020 An act to amend Section 8726 Sections 6731.1, 8726, and 8729 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 3334, as amended, Chen. Professional Land Surveyors Act. and Professional Engineers Act.(1) The Professional Engineers Act and the Professional Land Surveyors Act provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Under those acts, a land surveyor includes a person who engages in specified practices, and civil engineering is defined to include a person who locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as defined, determines the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry, or engages in geodetic or cadastral surveying, as defined.This bill would include within the practices that subject a person to those acts, with regard to the practice of identifying the alignment or elevation for any exterior location of buildings, as defined, or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for the construction of those buildings or other fixed works embraced within the practice of civil engineering. The bill would expand the practice of land surveying and civil engineering to include determining the benthic surface below water bodies and the measuring for volumetric calculations of earthwork. The bill, with respect to the practice of making determinations regarding the position of objects, would expand that practice to include such a determination made by applying the principles of mathematics, photogrammetry, or remote sensing, as defined. The bill would further revise that practice so that the determination regarding the position of objects is made regarding either manmade or natural objects, instead of fixed objects. The bill would modify the definition of geodetic surveying for purposes of the Professional Land Surveyors Act to mean performing surveys by using techniques or methods of 3-dimensional data acquisitions, and make conforming changes to that effect.(2) The Professional Land Surveyors Act provides that it does not prevent an individual or business engaged in any line or endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.This bill would delete that provision.(3) Existing law makes any violation of the Professional Engineers Act or the Professional Land Surveyors Act a misdemeanor.By expanding the scope of practices subject to the Professional Engineers Act and 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.Existing law, the Professional Land Surveyors Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Existing law defines land surveying for purposes of the act.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly May 04, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3334
Introduced by Assembly Member ChenFebruary 21, 2020
Introduced by Assembly Member Chen
February 21, 2020
An act to amend Section 8726 Sections 6731.1, 8726, and 8729 of the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3334, as amended, Chen. Professional Land Surveyors Act. and Professional Engineers Act.
(1) The Professional Engineers Act and the Professional Land Surveyors Act provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Under those acts, a land surveyor includes a person who engages in specified practices, and civil engineering is defined to include a person who locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as defined, determines the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry, or engages in geodetic or cadastral surveying, as defined.This bill would include within the practices that subject a person to those acts, with regard to the practice of identifying the alignment or elevation for any exterior location of buildings, as defined, or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for the construction of those buildings or other fixed works embraced within the practice of civil engineering. The bill would expand the practice of land surveying and civil engineering to include determining the benthic surface below water bodies and the measuring for volumetric calculations of earthwork. The bill, with respect to the practice of making determinations regarding the position of objects, would expand that practice to include such a determination made by applying the principles of mathematics, photogrammetry, or remote sensing, as defined. The bill would further revise that practice so that the determination regarding the position of objects is made regarding either manmade or natural objects, instead of fixed objects. The bill would modify the definition of geodetic surveying for purposes of the Professional Land Surveyors Act to mean performing surveys by using techniques or methods of 3-dimensional data acquisitions, and make conforming changes to that effect.(2) The Professional Land Surveyors Act provides that it does not prevent an individual or business engaged in any line or endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.This bill would delete that provision.(3) Existing law makes any violation of the Professional Engineers Act or the Professional Land Surveyors Act a misdemeanor.By expanding the scope of practices subject to the Professional Engineers Act and 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.Existing law, the Professional Land Surveyors Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Existing law defines land surveying for purposes of the act.This bill would make nonsubstantive changes to that definition.
(1) The Professional Engineers Act and the Professional Land Surveyors Act provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Under those acts, a land surveyor includes a person who engages in specified practices, and civil engineering is defined to include a person who locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as defined, determines the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry, or engages in geodetic or cadastral surveying, as defined.
This bill would include within the practices that subject a person to those acts, with regard to the practice of identifying the alignment or elevation for any exterior location of buildings, as defined, or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for the construction of those buildings or other fixed works embraced within the practice of civil engineering. The bill would expand the practice of land surveying and civil engineering to include determining the benthic surface below water bodies and the measuring for volumetric calculations of earthwork. The bill, with respect to the practice of making determinations regarding the position of objects, would expand that practice to include such a determination made by applying the principles of mathematics, photogrammetry, or remote sensing, as defined. The bill would further revise that practice so that the determination regarding the position of objects is made regarding either manmade or natural objects, instead of fixed objects. The bill would modify the definition of geodetic surveying for purposes of the Professional Land Surveyors Act to mean performing surveys by using techniques or methods of 3-dimensional data acquisitions, and make conforming changes to that effect.
(2) The Professional Land Surveyors Act provides that it does not prevent an individual or business engaged in any line or endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.
This bill would delete that provision.
(3) Existing law makes any violation of the Professional Engineers Act or the Professional Land Surveyors Act a misdemeanor.
By expanding the scope of practices subject to the Professional Engineers Act and 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.
Existing law, the Professional Land Surveyors Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Existing law defines land surveying for purposes of the act.
This bill would make nonsubstantive changes to that definition.
## Digest Key
## Bill Text
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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).SECTION 1.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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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. Section 8729 of the Business and Professions Code, as amended by Section 3 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 4. Section 8729 of the Business and Professions Code, as amended by Section 4 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## 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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).
SECTION 1. Section 6731.1 of the Business and Professions Code is amended to read:
### SECTION 1.
6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:(a) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).
6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:(a) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).
6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:(a) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).
6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following:
(a) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.
(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.
(b) (1) Determines the configuration or contour of the earths surface 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.
(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.
(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).
SECTION 1.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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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.
SECTION 1.SEC. 2. Section 8726 of the Business and Professions Code is amended to read:
### SECTION 1.SEC. 2.
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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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.
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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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.
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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.(b) (1) Determines the configuration or contour of the earths surface, 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.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.(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).(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.(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 the person practices or offers to practice land surveying in any of its branches.(i) Procures or offers to procure land surveying work for themselves 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.
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) (1) Locates, relocates, establishes, reestablishes, or retraces the alignment retraces, or lays out the alignment or elevation for any exterior location of buildings or building control lines through the use of mathematics or measurements, reference points, or lines that control the location, alignment, or elevation for any of the the construction of those buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731.
(2) For purposes of this subdivision, buildings means the exterior location of the building or building control lines and does not limit building contractors or others from layout of items based on the grid lines or building corners set by a licensed surveyor.
(b) (1) Determines the configuration or contour of the earths surface, 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.
(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of data that will determine the dimensions of physical objects, or otherwise using various acquisition methods intended to or resulting in the determination of the configuration or contour of the earths surface, or the position of fixed objects above, on, or below the surface of the earth.
(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).
(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, by using techniques or methods of three-dimensional 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 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) to (f), inclusive.
(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 the person practices or offers to practice land surveying in any of its branches.
(i) Procures or offers to procure land surveying work for themselves 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. Section 8729 of the Business and Professions Code, as amended by Section 3 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3. Section 8729 of the Business and Professions Code, as amended by Section 3 of Chapter 150 of the Statutes of 2018, is amended to read:
### SEC. 3.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.
(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.
(f)
(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)
(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(h)
(g) This section does not affect Sections 6731.2 and 8726.1.
(i)
(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(j)
(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4. Section 8729 of the Business and Professions Code, as amended by Section 4 of Chapter 150 of the Statutes of 2018, is amended to read:8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.
SEC. 4. Section 8729 of the Business and Professions Code, as amended by Section 4 of Chapter 150 of the Statutes of 2018, is amended to read:
### SEC. 4.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.(f)(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).(g)(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(h)(g) This section does not affect Sections 6731.2 and 8726.1.(i)(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)(i) This section shall become operative on January 1, 2026.
8729. (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:
(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.
(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.
(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.
(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.
(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.
(d) A person not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. Nothing in this section shall be construed to permit a person who is not licensed under this chapter or licensed as a civil engineer in this state prior to 1982 to be the sole owner or office of a land surveying business, unless otherwise exempt under this chapter.
(e)This chapter does not prevent an individual or business engaged in any line of endeavor, other than the practice of land surveying, from employing or contracting with a licensed land surveyor or a licensed civil engineer to perform the respective land surveying services incidental to the conduct of business.
(f)
(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).
(g)
(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:
(1) The persons name had been used in the name of the business, or a predecessor in interest of the business, prior to the death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.
(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use his or her their name as the name of a new or purchased business, if that business is not identical in every respect to that persons name as used in the former business.
(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).
(h)
(g) This section does not affect Sections 6731.2 and 8726.1.
(i)
(h) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(j)
(i) This section shall become operative on January 1, 2026.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 5.