New Laws affecting Land Surveyors - 2016

[mpallamary]

CHANGES IN THE PROFESSIONAL LAND SURVEYORS ACT IMPLEMENTED EFFECTIVE JANUARY 1, 2016 OR IN 2016.

These are the most significant changes, excepting for some sunset dates. The most significant one is the controversial addition of 8780.2. Failure or refusal to respond in an investigation. It can be found below.

Once again, these laws are radically prejudicial with regards to private sector surveyors who are subjected to an extraordinary number of business issues, duties not found under public sector surveyors who, additionally, are not required to stamp their monuments. This, of course imposes extraordinary burdens on the private sector. It would be interesting to know how many complaints are filed against public agency surveyors.

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8710. Board authority (a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions. (b) The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations. (c) This section shall remain in effect only until January 1, 2016 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section shall render the board subject to review by the appropriate policy committees of the Legislature. {Amended by Stats.2015, Ch. 428}

8759. Written Contracts (a) A licensed land surveyor or registered licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or registered licensed civil engineer and the client, or his or her representative, or the client’s representative prior to the licensed land surveyor or registered licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:

(1) A description of the services to be provided to the client by the licensed land surveyor or registered licensed civil engineer. (2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties. (3) The name, address, and license or certificate number of the licensed land surveyor or registered licensed civil engineer, and the name and address of the client. (4) A description of the procedure that the licensed land surveyor or registered licensed civil engineer and the client will use to accommodate additional services. (5) A description of the procedure to be used by any party both parties to terminate the contract. (b) This section shall not apply to any of the following: (1) Professional land surveying services rendered by a licensed land surveyor or registered licensed civil engineer for which the client will not pay compensation. (2) A licensed land surveyor or registered licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract. (3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required. (4) Professional services rendered by a licensed land surveyor or a registered licensed civil engineer to any of the following: (A) A professional engineer licensed or registered under Chapter 7 (commencing with Section 6700). (B) A land surveyor licensed under this chapter. (C) An architect licensed under Chapter 3 (commencing with Section 5500). (D) A contractor licensed under Chapter 9 (commencing with Section 7000). (E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800). (F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates. (G) A public agency. (c) “Written contract” as used in this section includes a contract that is in electronic form. {Amended by Stats.2015, Ch. 428}

8780.2. Failure or refusal to respond in an investigation (a) The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board to cooperate in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1. (b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed. {Added by Stats.2015, Ch. 428}

8800. Accounting and deposit of funds; operative on July 1, 2016 (a) The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. (b) For accounting and recordkeeping purposes, the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (c) The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter. (d) This section shall become operative on July 1, 2016. {Added by Stats.2015, Ch. 428}

[goodgps]

WOW
black writing on blue background
Tough to read

[mpallamary]

You should contact the administrator as that is how they go out.

[Stephen Johnson]

You should contact the administrator as that is how they go out.

I have already complained a few times. I have yet to receive ANY type of an answer.

[mpallamary]

There you go. I wish I could help you. That is why I have been developing an alternate forum. Have you seen it?
http://californialandsurveyorsforum.com/index.php

[Anthony Maffia]

8759(b)(3) "client knowingly states in writing" .. "that a contract" .. " is not required."

Requires a written contract stating that a written contract is not required. Wow!
Looks like it should be included in new contracts as standard term & condition.

[mpallamary]

What would be great is if at the next conference a program is on the agenda going over these new laws. I am going to do this at Fresno and I just did it at Cal Poly Pomona. There is a great interest in these new laws and some others.