Amended IN Senate April 29, 2019 Amended IN Senate April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 556Introduced by Senator Pan(Principal coauthor: Assembly Member Salas)February 22, 2019 An act to amend Sections 6731.1, 8726, and 8729 6731.1 and 8726 of, and to add Sections 8728.5, 8790.1, and 8793 to, the Business and Professions Code, relating to professional land surveyors, professions and vocations, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTSB 556, as amended, Pan. Professional land surveyors and engineers.(1) The Professional Engineers Act and the Professional Land Surveyors Act provides for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Those acts establish criminal penalties for violations of specified portions of the act, including the practice of land surveying without a license and giving false evidence to the board in obtaining a license. A violation of those acts is a misdemeanor.Under those acts, a land surveyor or civil engineer 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, defined. Existing law also includes within the practice of a land surveyor or civil engineer a person who 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 of buildings, as defined, or other fixed works, revise the practice of land surveying and civil engineering to, among other things, include the laying out through the use of mathematics or geometric measurements the alignment or elevation for any of the building or other fixed works embraced within the practice of civil engineering, including any and, for land surveying, would specify that these include items designed within the practice of electrical engineering or mechanical engineering. The bill would expand also include within 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 earthwork and would include the use of 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. defined, for making certain determinations. The bill would modify the definition of geodetic surveying, for purposes of the Professional Land Surveyor Act, to mean performing surveys by using techniques or methods of three-dimensional data acquisitions, and make conforming changes to that effect.The bill would impose a state-mandated local program by expanding those By expanding the practices that constitute civil engineering and land surveying, thereby expanding the persons subject to the act, the violation of which is a crime. crime, the bill would impose a state-mandated local program.(2) Existing law requires fees and civil penalties received pursuant to the Professional Land Surveyors Act to be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund, and continuously appropriates those funds to the board for purposes of the act.This bill bill, on and after January 1, 2022, would prohibit a business, except for a sole proprietorship or a limited liability company, from engaging in the practice of, or offering services for, land surveying in this state unless that business obtains a certificate from the board. The bill would require the board to develop a process to that effect, including developing an application form that meets certain requirements, including that the applicant pay a fee, as determined by the board, for that certificate and a process to renew and revoke a certificate. This bill would authorize the board to impose a fine, as specified, on a business that performs land surveying without a certificate. By authorizing additional fees and penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation. By expanding the scope of the existing crime with respect to giving false evidence to the board, this bill would impose a state-mandated local program.(3)The Professional Land Surveyors Act authorizes an individual or business engaged in any line of endeavor other than the practice of civil, electrical, or mechanical engineering from employing or contracting with a licensed civil, electrical, or mechanical engineer to perform the respective engineering services that are incidental to the conduct of business. The bill would require an individual or business that does not have a license or a certificate to practice land surveying to employ or contract with an individual that has a license or a business that has a certificate to practice land surveying to perform land surveying services that are incidental to the conduct of their business.(4)(3) Existing law requires the board to enforce all of the provisions of the act, and to prosecute all violations of the act that come to its notice.This bill would require the board to send a copy of each valid complaint, as defined, to all boards that regulate the health and safety of persons working on construction, building, or infrastructure projects, as well as all boards that regulate the wages and other labor requirements related to those persons. (5)(4) 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.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YES 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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).SEC. 2. Section 8726 of the Business and Professions Code is amended to read:8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.SEC. 3. Section 8728.5 is added to the Business and Professions Code, to read:8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.SEC. 4.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)If a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual or business that has a license or a business that has a certificate to practice land surveying.(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 5.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)If an individual or a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual that has a license or a business that has a certificate to practice land surveying.(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)This section shall become operative on January 1, 2026.SEC. 6.SEC. 4. Section 8790.1 is added to the Business and Professions Code, to read:8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.SEC. 7.SEC. 5. Section 8793 is added to the Business and Professions Code, to read:8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.SEC. 8.SEC. 6. 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 Senate April 29, 2019 Amended IN Senate April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 556Introduced by Senator Pan(Principal coauthor: Assembly Member Salas)February 22, 2019 An act to amend Sections 6731.1, 8726, and 8729 6731.1 and 8726 of, and to add Sections 8728.5, 8790.1, and 8793 to, the Business and Professions Code, relating to professional land surveyors, professions and vocations, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTSB 556, as amended, Pan. Professional land surveyors and engineers.(1) The Professional Engineers Act and the Professional Land Surveyors Act provides for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Those acts establish criminal penalties for violations of specified portions of the act, including the practice of land surveying without a license and giving false evidence to the board in obtaining a license. A violation of those acts is a misdemeanor.Under those acts, a land surveyor or civil engineer 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, defined. Existing law also includes within the practice of a land surveyor or civil engineer a person who 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 of buildings, as defined, or other fixed works, revise the practice of land surveying and civil engineering to, among other things, include the laying out through the use of mathematics or geometric measurements the alignment or elevation for any of the building or other fixed works embraced within the practice of civil engineering, including any and, for land surveying, would specify that these include items designed within the practice of electrical engineering or mechanical engineering. The bill would expand also include within 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 earthwork and would include the use of 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. defined, for making certain determinations. The bill would modify the definition of geodetic surveying, for purposes of the Professional Land Surveyor Act, to mean performing surveys by using techniques or methods of three-dimensional data acquisitions, and make conforming changes to that effect.The bill would impose a state-mandated local program by expanding those By expanding the practices that constitute civil engineering and land surveying, thereby expanding the persons subject to the act, the violation of which is a crime. crime, the bill would impose a state-mandated local program.(2) Existing law requires fees and civil penalties received pursuant to the Professional Land Surveyors Act to be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund, and continuously appropriates those funds to the board for purposes of the act.This bill bill, on and after January 1, 2022, would prohibit a business, except for a sole proprietorship or a limited liability company, from engaging in the practice of, or offering services for, land surveying in this state unless that business obtains a certificate from the board. The bill would require the board to develop a process to that effect, including developing an application form that meets certain requirements, including that the applicant pay a fee, as determined by the board, for that certificate and a process to renew and revoke a certificate. This bill would authorize the board to impose a fine, as specified, on a business that performs land surveying without a certificate. By authorizing additional fees and penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation. By expanding the scope of the existing crime with respect to giving false evidence to the board, this bill would impose a state-mandated local program.(3)The Professional Land Surveyors Act authorizes an individual or business engaged in any line of endeavor other than the practice of civil, electrical, or mechanical engineering from employing or contracting with a licensed civil, electrical, or mechanical engineer to perform the respective engineering services that are incidental to the conduct of business. The bill would require an individual or business that does not have a license or a certificate to practice land surveying to employ or contract with an individual that has a license or a business that has a certificate to practice land surveying to perform land surveying services that are incidental to the conduct of their business.(4)(3) Existing law requires the board to enforce all of the provisions of the act, and to prosecute all violations of the act that come to its notice.This bill would require the board to send a copy of each valid complaint, as defined, to all boards that regulate the health and safety of persons working on construction, building, or infrastructure projects, as well as all boards that regulate the wages and other labor requirements related to those persons. (5)(4) 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.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YES
Amended IN Senate April 29, 2019 Amended IN Senate April 11, 2019
Amended IN Senate April 29, 2019
Amended IN Senate April 11, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 556
Introduced by Senator Pan(Principal coauthor: Assembly Member Salas)February 22, 2019
Introduced by Senator Pan(Principal coauthor: Assembly Member Salas)
February 22, 2019
An act to amend Sections 6731.1, 8726, and 8729 6731.1 and 8726 of, and to add Sections 8728.5, 8790.1, and 8793 to, the Business and Professions Code, relating to professional land surveyors, professions and vocations, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 556, as amended, Pan. Professional land surveyors and engineers.
(1) The Professional Engineers Act and the Professional Land Surveyors Act provides for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Those acts establish criminal penalties for violations of specified portions of the act, including the practice of land surveying without a license and giving false evidence to the board in obtaining a license. A violation of those acts is a misdemeanor.Under those acts, a land surveyor or civil engineer 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, defined. Existing law also includes within the practice of a land surveyor or civil engineer a person who 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 of buildings, as defined, or other fixed works, revise the practice of land surveying and civil engineering to, among other things, include the laying out through the use of mathematics or geometric measurements the alignment or elevation for any of the building or other fixed works embraced within the practice of civil engineering, including any and, for land surveying, would specify that these include items designed within the practice of electrical engineering or mechanical engineering. The bill would expand also include within 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 earthwork and would include the use of 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. defined, for making certain determinations. The bill would modify the definition of geodetic surveying, for purposes of the Professional Land Surveyor Act, to mean performing surveys by using techniques or methods of three-dimensional data acquisitions, and make conforming changes to that effect.The bill would impose a state-mandated local program by expanding those By expanding the practices that constitute civil engineering and land surveying, thereby expanding the persons subject to the act, the violation of which is a crime. crime, the bill would impose a state-mandated local program.(2) Existing law requires fees and civil penalties received pursuant to the Professional Land Surveyors Act to be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund, and continuously appropriates those funds to the board for purposes of the act.This bill bill, on and after January 1, 2022, would prohibit a business, except for a sole proprietorship or a limited liability company, from engaging in the practice of, or offering services for, land surveying in this state unless that business obtains a certificate from the board. The bill would require the board to develop a process to that effect, including developing an application form that meets certain requirements, including that the applicant pay a fee, as determined by the board, for that certificate and a process to renew and revoke a certificate. This bill would authorize the board to impose a fine, as specified, on a business that performs land surveying without a certificate. By authorizing additional fees and penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation. By expanding the scope of the existing crime with respect to giving false evidence to the board, this bill would impose a state-mandated local program.(3)The Professional Land Surveyors Act authorizes an individual or business engaged in any line of endeavor other than the practice of civil, electrical, or mechanical engineering from employing or contracting with a licensed civil, electrical, or mechanical engineer to perform the respective engineering services that are incidental to the conduct of business. The bill would require an individual or business that does not have a license or a certificate to practice land surveying to employ or contract with an individual that has a license or a business that has a certificate to practice land surveying to perform land surveying services that are incidental to the conduct of their business.(4)(3) Existing law requires the board to enforce all of the provisions of the act, and to prosecute all violations of the act that come to its notice.This bill would require the board to send a copy of each valid complaint, as defined, to all boards that regulate the health and safety of persons working on construction, building, or infrastructure projects, as well as all boards that regulate the wages and other labor requirements related to those persons. (5)(4) 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.
(1) The Professional Engineers Act and the Professional Land Surveyors Act provides for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Those acts establish criminal penalties for violations of specified portions of the act, including the practice of land surveying without a license and giving false evidence to the board in obtaining a license. A violation of those acts is a misdemeanor.
Under those acts, a land surveyor or civil engineer 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, defined. Existing law also includes within the practice of a land surveyor or civil engineer a person who 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 of buildings, as defined, or other fixed works, revise the practice of land surveying and civil engineering to, among other things, include the laying out through the use of mathematics or geometric measurements the alignment or elevation for any of the building or other fixed works embraced within the practice of civil engineering, including any and, for land surveying, would specify that these include items designed within the practice of electrical engineering or mechanical engineering. The bill would expand also include within 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 earthwork and would include the use of 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. defined, for making certain determinations. The bill would modify the definition of geodetic surveying, for purposes of the Professional Land Surveyor Act, to mean performing surveys by using techniques or methods of three-dimensional data acquisitions, and make conforming changes to that effect.
The bill would impose a state-mandated local program by expanding those By expanding the practices that constitute civil engineering and land surveying, thereby expanding the persons subject to the act, the violation of which is a crime. crime, the bill would impose a state-mandated local program.
(2) Existing law requires fees and civil penalties received pursuant to the Professional Land Surveyors Act to be deposited in the Professional Engineers, Land Surveyors, and Geologists Fund, and continuously appropriates those funds to the board for purposes of the act.
This bill bill, on and after January 1, 2022, would prohibit a business, except for a sole proprietorship or a limited liability company, from engaging in the practice of, or offering services for, land surveying in this state unless that business obtains a certificate from the board. The bill would require the board to develop a process to that effect, including developing an application form that meets certain requirements, including that the applicant pay a fee, as determined by the board, for that certificate and a process to renew and revoke a certificate. This bill would authorize the board to impose a fine, as specified, on a business that performs land surveying without a certificate. By authorizing additional fees and penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation. By expanding the scope of the existing crime with respect to giving false evidence to the board, this bill would impose a state-mandated local program.
(3)The Professional Land Surveyors Act authorizes an individual or business engaged in any line of endeavor other than the practice of civil, electrical, or mechanical engineering from employing or contracting with a licensed civil, electrical, or mechanical engineer to perform the respective engineering services that are incidental to the conduct of business.
The bill would require an individual or business that does not have a license or a certificate to practice land surveying to employ or contract with an individual that has a license or a business that has a certificate to practice land surveying to perform land surveying services that are incidental to the conduct of their business.
(4)
(3) Existing law requires the board to enforce all of the provisions of the act, and to prosecute all violations of the act that come to its notice.
This bill would require the board to send a copy of each valid complaint, as defined, to all boards that regulate the health and safety of persons working on construction, building, or infrastructure projects, as well as all boards that regulate the wages and other labor requirements related to those persons.
(5)
(4) 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.
## 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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).SEC. 2. Section 8726 of the Business and Professions Code is amended to read:8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.SEC. 3. Section 8728.5 is added to the Business and Professions Code, to read:8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.SEC. 4.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)If a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual or business that has a license or a business that has a certificate to practice land surveying.(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 5.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)If an individual or a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual that has a license or a business that has a certificate to practice land surveying.(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.(j)This section shall become operative on January 1, 2026.SEC. 6.SEC. 4. Section 8790.1 is added to the Business and Professions Code, to read:8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.SEC. 7.SEC. 5. Section 8793 is added to the Business and Professions Code, to read:8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.SEC. 8.SEC. 6. 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.(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, 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 mathematics, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any buildings or other the fixed works embraced within the practice of civil engineering, as described in Section 6731.
(1) This subdivision shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with the applicable building codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work which the contractor has contracted to perform.
(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, 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 mathematics, photogrammetry, or remote sensing.
(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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).
SEC. 2. Section 8726 of the Business and Professions Code is amended to read:8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.
SEC. 2. Section 8726 of the Business and Professions Code is amended to read:
### 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) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.
8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.
8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.(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, 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, photogrammetry, or remote sensing.(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.
8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:
(a) Locates, relocates, establishes, reestablishes, retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the buildings or other fixed works embraced within the practice of civil engineering, as described in Section 6731, including, but not limited to, any items designed within the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6
(1) This section shall not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation or layout of electrical or mechanical systems or facilities, from designing those systems of facilities in accordance with the applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which their license is issued, or from preparing electrical or mechanical shop or field drawings for work the contractor has contracted to perform.
(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, 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, photogrammetry, or remote sensing.
(2) For purposes of this subdivision, remote sensing means the detecting, collection, processing, and analysis of physical objects regarding the location or dimensions of a location or object, 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 of this code).
(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.
(f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, by using techniques or methods of three dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the geospatial establishment of three dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code.
(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f).
(h) Indicates, in any capacity or in any manner, by the use of the title land surveyor or by any other title or by any other representation that 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.
(o) Nothing in this section shall require the use of a licensed land surveyor for underground utility locating and subsurface imaging that is not required under this chapter as it read on January 1, 2018.
SEC. 3. Section 8728.5 is added to the Business and Professions Code, to read:8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.
SEC. 3. Section 8728.5 is added to the Business and Professions Code, to read:
### SEC. 3.
8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.
8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.
8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:(1) A completed application form that includes all of the following:(A) The name and address of the business applying for the certification. (B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business. (C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application. (2) (A) The board shall charge an application fee as determined pursuant to Section 8805.(B) The board may develop rules and regulations governing both of the following:(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.(ii) The circumstances when the board may revoke an existing certificate.(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.(5)A statement of land surveying experience of the business during the five years preceding the date of the application.(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.(f) This section shall become operative on January 1, 2022.
8728.5. (a) For purposes of this section, business means a partnership, general partnership, limited liability partnership, or corporation. However, business does not include a sole proprietorship or a limited liability company. Nothing in this section requires a certificate for any form of corporation or partnership otherwise prohibited in this chapter from offering or providing land surveying services.
(b) A business shall not engage in the practice of, or offer services for, land surveying, as defined in Section 8726, in the state, unless that business obtains a certificate from the board pursuant to the requirements of this section.
(c) The board shall create a process to certify a business practicing land surveying. As a part of that process, the board shall establish an application form for a business to apply for certification, that shall contain all of the information required by subdivision (d), as well as any other information the board determines is necessary or convenient to administer this section.
(d) A business shall apply for a certificate to practice land surveying by submitting an application form to the board. The board may develop rules and regulations governing the conditions under which a certificate shall be granted, including, but not limited to, taking into consideration whether the business has submitted the following requirements to the board:
(1) A completed application form that includes all of the following:
(A) The name and address of the business applying for the certification.
(B) The name and current state license number of the professional land surveyor or civil engineer who will be the responsible charge of work of the business.
(C) The name of the partners in a partnership, general partnership, or limited liability partnership, or the names of the majority stockholders of a corporation.
(D) The signature and title of an agent authorized by the partnership, general partnership, limited liability partnership, or corporation to submit the application.
(2) (A) The board shall charge an application fee as determined pursuant to Section 8805.
(B) The board may develop rules and regulations governing both of the following:
(i) The circumstances when the board may require a business to seek a renewal of an existing certificate, including, but not limited to, consideration of a businesss change of ownership.
(ii) The circumstances when the board may revoke an existing certificate.
(3) A copy of a resolution by the partners of a partnership, the general partners of a general partnership or a limited liability partnership, or the board of directors of a corporation that designates an individual in the business with a current license issued by this state for the practice of land surveying or civil engineering who is authorized to practice surveying that is the responsible charge for work and that has the authority to make all final decisions in the practice of land surveying on behalf of the business.
(4) A copy of the partnership agreement of a partnership, general partnership, or limited liability partnership, the articles of incorporation or the bylaws of a corporation.
(5)A statement of land surveying experience of the business during the five years preceding the date of the application.
(e) A business that is organized or incorporated in a state or territory outside of California shall not offer land surveying services in California unless that business obtains a certificate under this section and complies with all other requirements of this chapter.
(f) This section shall become operative on January 1, 2022.
(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)If a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual or business that has a license or a business that has a certificate to practice land surveying.
(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.
(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(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)If an individual or a business that does not have a license or a certificate to practice land surveying under this chapter needs land surveying services performed that are incidental to the conduct of their business, the business shall employ, pursuant to paragraph (1) of subdivision (a), or contract with an individual that has a license or a business that has a certificate to practice land surveying.
(f)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)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 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)This section does not affect Sections 6731.2 and 8726.1.
(i)A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.
(j)This section shall become operative on January 1, 2026.
SEC. 6.SEC. 4. Section 8790.1 is added to the Business and Professions Code, to read:8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.
SEC. 6.SEC. 4. Section 8790.1 is added to the Business and Professions Code, to read:
### SEC. 6.SEC. 4.
8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.
8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.
8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.
8790.1. (a) Upon receipt of a valid complaint, the board shall send a copy of the complaint to the following state boards:
(1) Boards that regulate the health and safety of persons working on construction, building, or infrastructure projects.
(2) Boards that regulate the wages and other labor requirements related to persons working on construction, building, or infrastructure projects.
(b) For the purposes of this section, valid complaint means one for which the board determines that a violation of this chapter may have or is likely to have occurred.
(c) It is the intent of the Legislature in enacting this section to ensure these state boards are made aware of the possible need to further investigate and regulate the cited business, as defined by subdivision (a) of Section 8728.5.
SEC. 7.SEC. 5. Section 8793 is added to the Business and Professions Code, to read:8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.
SEC. 7.SEC. 5. Section 8793 is added to the Business and Professions Code, to read:
### SEC. 7.SEC. 5.
8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.
8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.
8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.
8793. Any business, as defined in subdivision (a) of Section 8728.5, that performs land surveying without a certificate obtained under Section 8728.5 shall be subject to the boards citation authority pursuant to Section 148. For purposes of this section, and notwithstanding Section 125.9, the board may impose fines on a business described in this section, in an amount that is higher than the maximum authorized in Section 125.9, if the board concludes it is necessary to deter violations of this chapter.
SEC. 8.SEC. 6. 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. 8.SEC. 6. 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. 8.SEC. 6. 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. 8.SEC. 6.