Professional engineering, geology, geophysics, and land surveying: practice without a license: administrative penalties., the official text

An act to add Sections 6787.5, 7872.5, and 8792.5 to the Business and Professions Code, relating to professions, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists to license and regulate professional engineers under the Professional Engineers Act, to license and regulate land surveyors under the Professional Land Surveyors’ Act, and to license and regulate geologists and geophysicists under the Geologist and Geophysicist Act. Existing law makes it a misdemeanor to practice or to offer to practice civil, electrical, or mechanical engineering, geology, geophysics, or land surveying without being licensed under those acts, unless the person is exempt from licensure. Existing law requires fees and civil penalties received pursuant to the Professional Engineers Act, the Professional Land Surveyors’ Act, and the Geologist and Geophysicist Act to be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund, and continuously appropriates those funds to the board for purposes of those acts.
This bill would authorize the executive officer of the board to issue a citation to a person or entity that subjects the person or entity to an administrative fine of not less than $500 and no more than $20,000 for each violation of practicing or offering to practice civil engineering, electrical engineering, mechanical engineering, geology, geophysics, or land surveying without a license unless the person or entity is otherwise authorized by law. By authorizing additional penalties to be deposited into a continuously appropriated fund, this bill would make an appropriation.

The people of the State of California do enact as follows:

SECTION 1.
Section 6787.5 is added to the Business and Professions Code, to read:
6787.5.
Notwithstanding paragraph (3) of subdivision (b) of Section 125.9 and Section 148, the executive officer may issue a citation to a person or entity, and that person or entity shall be subject to an administrative fine of not less than five hundred dollars ($500) and not more than twenty thousand dollars ($20,000) for each violation of practicing or offering to practice civil, electrical, or mechanical engineering without a license issued by the board pursuant to this chapter unless the person or entity is otherwise authorized by law. The maximum fine for unlicensed activity is separate from and not inclusive of fines for other violations.

SEC. 2.
Section 7872.5 is added to the Business and Professions Code, to read:
7872.5.
Notwithstanding paragraph (3) of subdivision (b) of Section 125.9 and Section 148, the executive officer may issue a citation to a person or entity, and that person or entity shall be subject to an administrative fine of not less than five hundred dollars ($500) and not more than twenty thousand dollars ($20,000) for each violation of practicing or offering to practice geology or geophysics without a license issued by the board pursuant to this chapter unless the person or entity is otherwise authorized by law. The maximum fine for unlicensed activity is separate from and not inclusive of fines for other violations.

SEC. 3.
Section 8792.5 is added to the Business and Professions Code, to read:
8792.5.
Notwithstanding paragraph (3) of subdivision (b) of Section 125.9 and Section 148, the executive officer may issue a citation to a person or entity, and that person or entity shall be subject to an administrative fine of not less than five hundred dollars ($500) and not more than twenty thousand dollars ($20,000) for each violation of practicing or offering to practice land surveying without a license issued by the board pursuant to this chapter unless the person or entity is otherwise authorized by law. The maximum fine for unlicensed activity is separate from and not inclusive of fines for other violations.