text: The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of an architectural corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time as those rules and regulations may provide, and (b) that an architectural corporation shall provide adequate security by insurance or otherwise for claims against it by its clients arising out of the rendering of professional services.

history: (History: Amended by Stats. 1991, Ch. 566, Sec. 19.)

article: 7. Architectural Corporations


kind: section

code: BPC

citation: BPC § 5615

text:
As used in this chapter:

“Landscape architect” means a person who holds a license to practice landscape architecture in this state under the authority of this chapter.

A person who practices landscape architecture within the meaning and intent of this article is a person who offers or performs professional services, for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation. Landscape preservation, development and enhancement is the dominant purpose of services provided by landscape architects. Implementation of that purpose includes: (1) the preservation and aesthetic and functional enhancement of land uses and natural land features; (2) the location and construction of aesthetically pleasing and functional approaches and settings for structures and roadways; and, (3) design for trails and pedestrian walkway systems, plantings, landscape irrigation, landscape lighting, landscape grading and landscape drainage.

Landscape architects perform professional work in planning and design of land for human use and enjoyment. Based on analyses of environmental physical and social characteristics, and economic considerations, they produce overall plans and landscape project designs for integrated land use.

The practice of a landscape architect may, for the purpose of landscape preservation, development and enhancement, include: investigation, selection, and allocation of land and water resources for appropriate uses; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in the design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.

This practice shall include the location, arrangement, and design of those tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities, in accordance with the accepted public standards of health, safety, and welfare.

This chapter shall not empower a landscape architect, licensed under this chapter, to practice, or offer to practice, architecture or engineering in any of its various recognized branches.

history: (History: Amended by Stats. 2006, Ch. 564, Sec. 9. Effective January 1, 2007.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 3.5. Landscape Architecture

article: 1. General Provisions

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 1. General Provisions


citation: BPC § 5616

text:
(a) A landscape architect 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 landscape architect and the client, or their representatives, prior to the landscape architect 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 project for which the client is seeking services.

(2) A description of the services to be provided by the landscape architect to the client.

(3) A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and the method of payment agreed upon by both parties.

(4) A statement in at least 12-point type that reads:

“Landscape architects are licensed by the Landscape Architects Technical Committee located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”

(5) The name, address, and license number of the landscape architect, the name and address of the client, and project address.

(6) A description of the procedure that the landscape architect and client will use to accommodate additional services.

(7) A description of the procedure to be used by either party to terminate the contract.

(8) A description of the procedure that the landscape architect and the client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation, total price, and method of payment.

(9) A statement identifying the ownership and use of instruments of service prepared by the landscape architect.

(b) This section does not apply to any of the following:

(1) Professional services rendered by a landscape architect for which the client will not pay compensation.

(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the landscape architect’s services are of the same general kind that the landscape architect has previously rendered to, and received payment from, the same client.

(3) If the client states in writing after full disclosure of this section that a written contract is not required.

(4) Professional services rendered by a landscape architect to any of the following:

(A) A landscape architect licensed under this chapter.

(B) An architect licensed under Chapter 3 (commencing with Section 5500).

(C) A professional engineer licensed under Chapter 7 (commencing with Section 6700).

(D) A contractor licensed under Chapter 9 (commencing with Section 7000).

(E) A geologist or geophysicist licensed under Chapter 12.5 (commencing with Section 7800).

(F) A professional land surveyor licensed under Chapter 15 (commencing with Section 8700).

(G) 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.

(H) A public agency when using that public agency’s written contract.

(c) As used in this section, “written contract” includes a contract that is in electronic form.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 7. (SB 1371) Effective January 1, 2021.)

article: 1. General Provisions


citation: BPC § 5620

text:
The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.

(a) There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.

Whenever in this chapter “board” is used, it refers to the California Architects Board.

(b) Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.

(c) After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.

(d) The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.

(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 20. (SB 1452) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

article: 2. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 2. Administration


text: Protection of the public shall be the highest priority for the Landscape Architects Technical Committee in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Added by Stats. 2002, Ch. 107, Sec. 25. Effective January 1, 2003.)

article: 2. Administration


text:
(a) The following powers conferred by law upon the board are hereby delegated to and conferred upon the executive officer, or in their absence from the office, to the acting executive officer, as provided below:

(1) Receive and file accusations.

(2) Issue notices of hearings, statements to respondents, and statements of issues.

(3) Receive and file notices of defense.

(4) Determine the time and place of hearings under Section 11508 of the Government Code.

(5) Issue subpoenas and subpoenas duces tecum.

(6) Set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the board in connection with proceedings under Sections 11500 to 11528, inclusive, of the Government Code, before hearing those proceedings.

(7) Approve settlement agreements for the revocation or surrender of a license.

(8) Certification and delivery or mailing of copies of decisions under Section 11518 of the Government Code.

(b) In addition to the powers described in subdivision (a), the following powers are also delegated to and conferred upon the executive officer, as provided below:

(1) Evaluate and determine qualifications and approve applicants for examination under Section 5650.

(2) Determine which applicants for reciprocity licenses are entitled to waiver of the written examination under Section 5651.

history: (History: Added by Stats. 2019, Ch. 376, Sec. 13. (SB 608) Effective January 1, 2020.)

article: 2. Administration


citation: BPC § 5621

text:
(a) There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.

(b) The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.

(c) The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the member’s successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.

(d) No person shall serve as a member of the landscape architects committee for more than two consecutive terms.

(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 21. (SB 1452) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

article: 2. Administration


citation: BPC § 5622

text:
(a) The landscape architects committee may assist the board in the examination of candidates for a landscape architect’s license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.

(b) The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.

(c) The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.

(d) The landscape architects committee may send a representative to all meetings of the full board to report on the committee’s activities.

(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 22. (SB 1452) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

article: 2. Administration


citation: BPC § 5624

text: Each member of the landscape architects committee shall receive per diem and expenses, as provided in Section 103.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.5. Effective January 1, 1999.)

article: 2. Administration


citation: BPC § 5626

text: The executive officer shall keep an accurate record of all proceedings of the landscape architects committee.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.6. Effective January 1, 1999.)

article: 2. Administration


citation: BPC § 5629

text: The board shall prosecute all persons guilty of violating the provisions of this chapter. Except as provided in Section 159.5, the board may employ inspectors, special agents, investigators, and clerical assistance as it may deem necessary to carry out the provisions of this chapter. It may fix the compensation to be paid for those services and incur any additional expense as may be deemed necessary.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.7. Effective January 1, 1999.)

article: 2. Administration


citation: BPC § 5630

text:
The board may, in accordance with the provisions of the Administrative Procedure Act, adopt, amend, or repeal such rules and regulations as are reasonably necessary to:

(a) Govern the examinations of applicants for licenses to practice landscape architecture.

(b) Establish criteria for approving schools of landscape architecture.

(c) Establish rules or professional conduct that are not inconsistent with state or federal law. Every person who holds a license issued by the board shall be governed and controlled by these rules.

(d) Carry out the provisions of this chapter.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.8. Effective January 1, 1999.)

article: 2. Administration


citation: BPC § 5640

text:
It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment, for a person to do any of the following without possessing a valid, unrevoked license as provided in this chapter:

(a) Engage in the practice of landscape architecture.

(b) Use the title or term “landscape architect,” “landscape architecture,” “landscape architectural,” or any other titles, words, or abbreviations that would imply or indicate that they are a landscape architect, as defined in Section 5615.

(c) Use the stamp of a licensed landscape architect, as provided in Section 5659.

(d) Advertise or put out a sign, card, or other device that might indicate to the public that they are a licensed landscape architect or qualified to engage in the practice of landscape architecture.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 23. (SB 1452) Effective January 1, 2025.)

article: 3. Application of Chapter

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 3. Application of Chapter


citation: BPC § 5641

text: This chapter shall not be deemed to prohibit any person from preparing drawings for the conceptual design and placement of tangible objects and landscape features or plans, drawings, and specifications for the selection, placement, or use of plants for a single family dwelling. Construction documents, details, or specifications for the tangible objects or landscape features, and alteration of site requiring grading and drainage plans shall be prepared by a licensed professional as required by law.

history: (History: Amended by Stats. 2004, Ch. 691, Sec. 12. Effective January 1, 2005.)

article: 3. Application of Chapter


text: This chapter shall not be deemed to prohibit any person from preparing any plans, drawings, or specifications for any property owned by that person.

history: (History: Added by Stats. 2004, Ch. 691, Sec. 13. Effective January 1, 2005.)

article: 3. Application of Chapter


text: Every person who holds a valid license issued by the State of California under the provisions of Chapter 1 (commencing with Section 6721) of the Food and Agricultural Code, authorizing engagement in the business of selling nursery stock in this state, may engage in the preparation of planting plans or drawings as an adjunct to merchandising nursery stock and related products, but may not use the title of landscape architect. That activity is exempt from licensure under the provisions of this chapter.

history: (History: Added by Stats. 2004, Ch. 691, Sec. 14. Effective January 1, 2005.)

article: 3. Application of Chapter


text: An architect, professional engineer, or land surveyor licensed or registered under the statutes of this state, insofar as the licensed or registered professional practices the profession for which they are licensed or registered, is exempt from this chapter, except that an architect, professional engineer, or land surveyor shall not use the title “landscape architect” unless they hold a license as required under this chapter.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 24. (SB 1452) Effective January 1, 2025.)

article: 3. Application of Chapter


text: A landscape contractor licensed under the statutes of this state, insofar as they work within the classification for which the license is issued, may design systems and facilities for work to be performed and supervised by that landscape contractor and is exempt from this chapter, except that a landscape contractor shall not use the title “landscape architect” unless they hold a license as required under this chapter.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 25. (SB 1452) Effective January 1, 2025.)

article: 3. Application of Chapter


text:
(a) Nothing contained in this chapter shall be deemed to prohibit a person from engaging in the practice of, or offering to practice as, a golf course architect.

(b) As used in this section, “golf course architect” means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of a golf course, in accordance with accepted professional standards of public health and safety.

history: (History: Added by Stats. 1976, Ch. 580.)

article: 3. Application of Chapter


text:
(a) Nothing contained in this chapter shall be deemed to prohibit a person from engaging in the practice of, or offering to practice as, an irrigation consultant.

(b) As used in this section, “irrigation consultant” means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of landscape irrigation, in accordance with accepted professional standards of public health and safety.

history: (History: Added by Stats. 2004, Ch. 691, Sec. 17. Effective January 1, 2005.)

article: 3. Application of Chapter


citation: BPC § 5642

text:
This chapter shall not be deemed to prevent a landscape architect from forming a partnership, firm, or corporation with, or employing, persons who are not landscape architects if the signature, date, and license number of the landscape architect appears on all instruments of service. In no case shall the other members of the partnership, firm, or corporation be designated or described as landscape architects.

The name of the licensed landscape architect shall appear wherever the firm name is used in the professional practice of the partnership, firm, or corporation, and the landscape architect shall reside in California when the partnership, firm, or corporation maintains a California office or mailing address. The name of the licensee shall appear on all partnership, firm, or corporation stationery, brochures, business cards and any instruments of service used or provided in the professional practice of the partnership, firm, or corporation.

No partnership, firm, or corporation shall engage in the practice of landscape architecture unless the work is under the immediate and responsible direction of a licensee of the board.

Failure of any person to comply with this section constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 2000, Ch. 1054, Sec. 20. Effective January 1, 2001.)

article: 3. Application of Chapter


citation: BPC § 5644

text: Any person who holds a valid state license or other authority that authorizes the person to engage in a business or occupation, insofar as the person engages in a professional, occupational, or business activity within the scope of that license or other authority, shall not be required to be licensed under this chapter.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.12. Effective January 1, 1999.)

article: 3. Application of Chapter


citation: BPC § 5650

text: Subject to the rules and regulations governing examinations, any person, over the age of 18 years, who has had six years of training and educational experience in actual practice of landscape architectural work shall be entitled to an examination for a license to practice landscape architecture. A degree from a school of landscape architecture approved by the board shall be deemed equivalent to four years of training and educational experience in the actual practice of landscape architecture. Before taking the examination, a person shall file an application therefor with the executive officer and pay the application fee fixed by this chapter.

history: (History: Amended by Stats. 2000, Ch. 1054, Sec. 22. Effective January 1, 2001.)

article: 4. Issuance of Certificates

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 4. Issuance of Certificates


text:
(a) Pursuant to Section 144, the board has the authority to obtain and review criminal offender record information. The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code to determine whether the applicant is subject to denial, suspension, or revocation of a license pursuant to Division 1.5 (commencing with Section 475) or Section 5660, 5675, or 5676.

(b) As a condition of application for a license, each applicant shall provide to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state- and federal- level criminal offender record information search conducted through the Department of Justice, as follows:

(1) The Department of Consumer Affairs, California Architects Board shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all landscape architect license applicants pursuant to subdivision (u) of Section 11105 of the Penal Code, as defined by Section 5615, for the purpose of obtaining information as to the existence and content of a record of state or federal arrests and state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their recognizance pending trial or appeal.

(2) When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section, to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the California Architects Board.

(3) The Department of Justice shall provide a state or federal response to the California Architects Board pursuant to subdivision (p) of Section 11105 of the Penal Code.

(4) The California Architects Board shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1).

(5) The Department of Justice shall charge the applicant a fee sufficient to cover the cost of processing the request described in this subdivision.

(c) The applicant shall certify, under penalty of perjury, when applying for a license whether the applicant’s fingerprints have been furnished to the Department of Justice in compliance with this section.

(d) Failure to comply with the requirements of this section renders the application for a license incomplete, and the application shall not be considered until the applicant demonstrates compliance with all requirements of this section.

(e) Notwithstanding any other law, the results of any criminal offender record information request by either state or federal law enforcement authorities shall not be released by the board except in accordance with state and federal requirements.

(f) As used in this section, the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.

(g) As a condition of petitioning the board for reinstatement of a revoked or surrendered license, an applicant shall comply with subdivision (a).

history: (History: Added by Stats. 2021, Ch. 367, Sec. 14. (SB 607) Effective January 1, 2022.)

article: 4. Issuance of Certificates


citation: BPC § 5651

text:
(a) The board shall by means of examination, ascertain the professional qualifications of all applicants for licenses to practice landscape architecture in this state and shall issue a license to every person whom it finds to be qualified on payment of the initial license fee prescribed by this chapter.

(b) The examination shall consist of a written examination. The written examination may be waived by the board if the applicant meets both of the following requirements:

(1) Is currently licensed by a United States jurisdiction, Canadian province, or Puerto Rico, has passed a written examination equivalent to that which is required in California at the time of application, and has submitted proof of job experience equivalent to that required of California applicants at the time of application.

(2) Has passed the California supplemental examination if, at the time of application, it is required of all California applicants.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 68. (SB 821) Effective January 1, 2010.)

article: 4. Issuance of Certificates


text:
(a) Notwithstanding Section 111, the board may adopt guidelines for the delegation of its authority to grade the examinations of applicants for licensure to any vendor under contract to the board for provision of a landscape architect’s license examination. The guidelines shall be within the board’s legal authority to establish the standards for licensure in this state, and shall include, but not be limited to:

(1) Goals for the appropriate content, development, grading, and administration of an examination, against which the vendor’s rules and procedures can be judged.

(2) Procedures through which the board can reasonably assure itself that the vendor adequately meets the goals established by the board.

(b) The board shall not delegate its authority to grade the examination of candidates for licensure in this state to any vendor or any party not in compliance with Section 111 or with the guidelines established in subdivision (a).

history: (History: Added by Stats. 1991, Ch. 654, Sec. 48.)

article: 4. Issuance of Certificates


citation: BPC § 5652

text: If the applicant’s examination is satisfactory, and upon the payment of the license fee fixed by this chapter, the executive officer shall issue a license to the applicant showing that the person named therein is entitled to practice landscape architecture in this state, in accordance with the provisions of this chapter.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.13. Effective January 1, 1999.)

article: 4. Issuance of Certificates


citation: BPC § 5653

text: The board may deny or refuse to issue a license to an applicant upon proof of the commission by the applicant of any act or omission which would constitute grounds for disciplinary action under this chapter if committed by a licensee.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.14. Effective January 1, 1999.)

article: 4. Issuance of Certificates


citation: BPC § 5654

text: The board shall keep a record of the names and addresses of all licenseholders and such additional personal data as the board may require. A proper index and record of each license issued shall be kept by the board.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.15. Effective January 1, 1999.)

article: 4. Issuance of Certificates


citation: BPC § 5655

text: Licenses to practice landscape architecture shall remain in full force until revoked or suspended for cause, or until they expire, as provided in this chapter.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.16. Effective January 1, 1999.)

article: 4. Issuance of Certificates


citation: BPC § 5656

text: A duplicate license to practice landscape architecture in place of one which has been lost, destroyed, or mutilated shall be issued upon proper application, subject to the rules and regulations of the board. A duplicate license fee fixed by this chapter shall be charged for the issuance of the duplicate license.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.17. Effective January 1, 1999.)

article: 4. Issuance of Certificates


citation: BPC § 5657

text: Each licensee shall file their current mailing address with the board at its office in Sacramento, California, and shall notify the board of any and all changes of mailing address, providing both their old and new address within 30 days after a change. A penalty as provided in this chapter shall be paid by a licensee who fails to notify the board within 30 days after a change of address.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 26. (SB 1452) Effective January 1, 2025.)

article: 4. Issuance of Certificates


citation: BPC § 5658

text:
(a) Each applicant for examination or licensure who has a valid email address shall report to the board that email address at the time of application.

(b) Each licensee who has a valid email address shall report to the board or verify that email address at the time of renewal.

(c) Each applicant or licensee shall notify the board within 30 days of any change to their email address on file with the board.

(d) To protect the privacy of applicants and licensees, the email addresses provided to the board pursuant to subdivisions (a) and (b) shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction.

(e) Information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided.

(f) For the purposes of this section, “valid email address” means an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the board.

history: (History: Added by Stats. 2024, Ch. 482, Sec. 27. (SB 1452) Effective January 1, 2025.)

article: 4. Issuance of Certificates


citation: BPC § 5659

text: Each person licensed under this chapter shall sign, date, and seal or stamp using a seal or stamp described in this section, all plans, specifications, and other instruments of service therefor, prepared for others as evidence of the person’s responsibility for those documents. Failure to comply with this section constitutes a ground for disciplinary action. Each person licensed under this chapter shall use a seal or stamp of the design authorized by the board, bearing the person’s name, license number, the legend “licensed landscape architect,” the legend “State of California” and a means of providing a signature, the renewal date of the license, and date of signing and sealing or stamping.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 3. (SB 826) Effective January 1, 2022.)

article: 4. Issuance of Certificates


citation: BPC § 5660

text: The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or revoke, the license of any landscape architect who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under the chapter.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.20. Effective January 1, 1999.)

article: 5. Discipline

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 5. Discipline


citation: BPC § 5661

text:
All accusations against a licensee shall be filed within three years after the board discovers, or through the use of reasonable diligence should have discovered, the act or omission alleged as the ground for disciplinary action or within six years after the act or omission alleged as the ground for disciplinary action, whichever occurs first. However, with respect to an accusation alleging a violation of Section 5667, the accusation may be filed within three years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 5667.

If any accusation is not filed within the time provided in this section, no action against a licensee shall be commenced under this article.

history: (History: Amended by Stats. 1989, Ch. 229, Sec. 2.)

article: 5. Discipline


citation: BPC § 5662

text: All proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. The board shall have all of the powers granted therein.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.21. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5665

text:
A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

A revoked license is subject to expiration as provided in this chapter, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.22. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5666

text: The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.23. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5667

text: The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person named in the license has obtained it by fraud or misrepresentation constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.24. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5668

text: The fact that the holder of a license is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious or corporate name, constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.25. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5669

text: The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person not authorized to practice landscape architecture under the provisions of this chapter, constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.26. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5670

text: The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.27. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5671

text: The fact that, in the practice of landscape architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.28. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5672

text: The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.29. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5673

text: The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the use of his or her name to or on plans, drawings, specifications or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.30. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5675

text: The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for disciplinary action. The record of a conviction shall be conclusive evidence thereof.

history: (History: Added by Stats. 1957, Ch. 1535.)

article: 5. Discipline


text: The fact that the holder of a license has had disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties as a landscape architect constitutes a ground for disciplinary action.

history: (History: Added by Stats. 1998, Ch. 879, Sec. 22.31. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5676

text: A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.32. Effective January 1, 1999.)

article: 5. Discipline


citation: BPC § 5678

text:
(a) A licensee shall report to the board in writing within 30 days of the date the licensee has knowledge of any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, negligence, incompetence, or recklessness by the licensee in the practice of landscape architecture if the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater.

(b) The report required by subdivision (a) shall be signed by the licensee and shall set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth all of the following:

(1) The title of the matter.

(2) The court or agency name.

(3) The docket number.

(4) The claim or file number.

(5) The date on which the reportable event occurred.

(c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal.

(d) Failure of a licensee to comply with this section shall be grounds for disciplinary action.

(e) A licensee who fails to comply with this section may be subject to a civil penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) as an intermediate sanction imposed by the board in lieu of revoking the licensee’s license. A licensee who knowingly and intentionally fails to comply with this section may be subject to a civil penalty of up to twenty thousand dollars ($20,000) as an additional intermediate sanction imposed by the board in lieu of revoking the licensee’s license.

history: (History: Added by Stats. 2006, Ch. 564, Sec. 10. Effective January 1, 2007.)

article: 5. Discipline


text:
(a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any insurer providing professional liability insurance to that licensee or landscape architectural entity shall report to the board all of the following:

(1) The name of the licensee.

(2) The claim or file number.

(3) The amount or value of the judgment, settlement, or arbitration award.

(4) The amount paid by the insurer.

(5) The identity of the payee.

(b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any state or local governmental agency that self insures that licensee shall report to the board all of the following:

(1) The name of the licensee.

(2) The claim or file number.

(3) The amount or value of the judgment, settlement, or arbitration award.

(4) The amount paid.

(5) The identity of the payee.

history: (History: Added by Stats. 2006, Ch. 564, Sec. 11. Effective January 1, 2007.)

article: 5. Discipline


text: The requirements of Sections 5678 and 5678.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was (a) a sole proprietorship, partnership, firm, corporation, or state or local governmental agency in which a licensee is or was an owner, partner, member, officer, or employee and (b) a licensee in responsible control of that portion of the project that was the subject of the civil judgment, settlement, arbitration award, or administrative action.

history: (History: Added by Stats. 2006, Ch. 564, Sec. 12. Effective January 1, 2007.)

article: 5. Discipline


text: Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article.

history: (History: Added by Stats. 2006, Ch. 564, Sec. 13. Effective January 1, 2007.)

article: 5. Discipline


text: The board may adopt regulations to further define the reporting requirements of Sections 5678 and 5678.1.

history: (History: Added by Stats. 2006, Ch. 564, Sec. 14. Effective January 1, 2007.)

article: 5. Discipline


citation: BPC § 5680

text:
(a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board in a manner to best distribute renewal procedures throughout each year.

(b) To renew an unexpired license, the licenseholder shall, on or before the expiration date of the license, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter.

(c) The renewal form shall include a statement specifying whether the licensee was convicted of a crime or disciplined by another public agency during the preceding renewal period and that the licensee’s representations on the renewal form are true, correct, and contain no material omissions of fact, to the best knowledge and belief of the licensee.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.38. Effective January 1, 1999.)

article: 6. Revenue

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.5. Landscape Architecture > 6. Revenue


text: Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the licenseholder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 5680 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

history: (History: Amended by Stats. 2017, Ch. 573, Sec. 27. (SB 800) Effective January 1, 2018.)

article: 6. Revenue


text: A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if they pay all of the fees and meet all of the requirements set forth in this chapter for obtaining an original license.

history: (History: Amended by Stats. 2024, Ch. 482, Sec. 28. (SB 1452) Effective January 1, 2025.)

article: 6. Revenue


text: Within 10 days after a judgment by a court of this state that a licenseholder has committed a crime or is liable for any death, personal or property injury or loss caused by the licenseholder’s fraud, deceit, negligence, incompetency, or recklessness in practice, the clerk of the court which rendered the judgment shall report this to the board.

history: (History: Amended by Stats. 1998, Ch. 879, Sec. 22.39. Effective January 1, 1999.)

article: 6. Revenue


citation: BPC § 5681

text:
The fees prescribed by this chapter for landscape architect applicants and landscape architect licensees shall be fixed by the board as follows:

(a) The application fee for reviewing an applicant’s eligibility to take any section of the examination shall be one hundred dollars ($100).

(b) The fee for any section of the examination administered by the board shall not exceed the actual cost to the board for purchasing and administering each exam. The fee for the California Supplemental Examination shall be three hundred fifty dollars ($350). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).

(c) The fee for an original license shall be seven hundred dollars ($700) and the board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall equal 50 percent of the fee fixed by the board for an original license. The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire.

(d) The fee for a duplicate license shall be three hundred dollars ($300).

(e) The renewal fee shall be seven hundred dollars ($700). The board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800).

(f) The penalty for failure to notify the board of a change of address within 30 days from an actual change in address may not exceed fifty dollars ($50).

(g) The delinquency fee shall be 50 percent of the renewal fee for the license in effect on the date of the renewal of the license, but not less than fifty dollars ($50) nor more than two hundred dollars ($200).

(h) The fee for filing an application for approval of a school pursuant to Section 5650 may not exceed six hundred dollars ($600) charged and collected on an biennial basis.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 21. (SB 816) Effective January 1, 2024.)

article: 6. Revenue


citation: BPC § 5682

text: Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be paid into the State Treasury to the credit of the California Architects Board-Landscape Architects Fund, which is hereby created.

history: (History: Amended by Stats. 2000, Ch. 1054, Sec. 25. Effective January 1, 2001.)

article: 6. Revenue


citation: BPC § 5683

text: The money paid into the California Architects Board-Landscape Architects Fund shall be used for expenditure in the manner prescribed by law to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.

history: (History: Amended by Stats. 2005, Ch. 74, Sec. 16. Effective July 19, 2005.)

article: 6. Revenue


citation: BPC § 5800

text:
As used in this chapter:

(a) “Certified Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public.

(b) An “interior design organization” means the California Council for Interior Design Certification (council), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of Certified Interior Designers whose governing board includes representatives of the public.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 22. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)

chapter: 3.9. Interior Designers

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 3.9. Interior Designers


citation: BPC § 5801

text: A Certified Interior Designer may obtain a stamp from the council that shall include a number that uniquely identifies and bears the name of that Certified Interior Designer and identifies the individual as either a Certified Interior Designer or a Certified Interior Designer with commercial designation if the Certified Interior Designer has met the requirements pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the Certified Interior Designer has provided the council with evidence of meeting the education, experience, and examination requirements pursuant to Section 5811.1.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 23. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


text: The procedure for the issuance of a stamp by the council under Section 5801, including the examinations recognized and required by the council, shall be subject to the occupational analyses and examination validation required by Section 139 every five to seven years.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 24. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5802

text:
(a) All drawings, specifications, or documents prepared for submission to any government regulatory agency by any Certified Interior Designer, or under their supervision shall be affixed by a stamp, as specified in Section 5801, and signed by that Certified Interior Designer.

(b) All documents shall be identified as interior design documents, which are not architectural or engineering documents.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 25. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5803

text: A Certified Interior Designer, as defined in this chapter, is exempt from Chapter 9 (commencing with Section 7000) of Division 3 insofar as they are designing systems for work to be performed by a licensed contractor.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 26. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5804

text: It is an unfair business practice for any Certified Interior Designer or any other person to advertise or put out any sign or card or other device, including any stamp or seal, or to represent to the public through any print or electronic media, that the person is “state certified” to practice interior design, or to use any other words or symbols that represent to the public that the person is so certified.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 27. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5805

text: Nothing in this chapter shall preclude Certified Interior Designers or any other person from submitting interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference the California Building Standards Code and the occupational title standard set forth in Section 5800.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 28. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5806

text: Nothing in this chapter shall prohibit interior design or interior decorator services by any person or retail activity.

history: (History: Added by Stats. 2013, Ch. 333, Sec. 1. (SB 308) Effective January 1, 2014. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5807

text:
(a) A Certified Interior Designer shall use a written contract when contracting to provide interior design services to a client pursuant to this chapter. The written contract shall be executed by the Certified Interior Designer and the client, or the client’s representative, prior to the Certified Interior Designer commencing work. 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 Certified Interior Designer.

(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 certification number of the Certified Interior Designer and the name and address of the client.

(4) A description of the procedure that the Certified Interior Designer and the client will use to accommodate additional services.

(5) A description of the procedure to be used by any party to terminate the contract.

(6) A three-day rescission clause in accordance with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code.

(7) A written disclosure stating whether the Certified Interior Designer carries errors and omissions insurance.

(b) Subdivision (a) shall not apply to any of the following:

(1) Interior design services rendered by a Certified Interior Designer for which the client will not pay compensation.

(2) Interior design services rendered by a Certified Interior Designer to any of the following:

(A) An architect licensed under Chapter 3 (commencing with Section 5500).

(B) A landscape architect licensed under Chapter 3.5 (commencing with Section 5615).

(C) An engineer licensed under Chapter 7 (commencing with Section 6700).

(c) As used in this section, “written contract” includes a contract in electronic form.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 29. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5810

text:
(a) This chapter shall be subject to review by the appropriate policy committees of the Legislature.

(b) This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 311, Sec. 1. (SB 1437) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 3.9, comprising Sections 5800 to 5812.)


citation: BPC § 5811

text:
(a) The California Council for Interior Design Certification, as defined in subdivision (b) of Section 5800, is hereby established to carry out the responsibilities and duties set forth in this chapter.

(b) The meetings of the council issuing stamps under Section 5801 shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(c) The council may take reasonable actions to carry out its responsibilities and duties, as set forth in this chapter.

(d) The council may adopt bylaws, rules, and procedures necessary to effectuate the purposes of this chapter.

(e) The council may establish application fees, renewal fees, and other fees related to the regulatory costs of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable costs to the council of providing those services and carrying out those responsibilities and duties.

history: (History: Added by renumbering Section 5811.1 by Stats. 2023, Ch. 723, Sec. 30. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


text:
(a) The council may issue a certification to any applicant who provides satisfactory evidence that they meet all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council.

(1) In order to obtain a certification, an applicant shall submit an application as provided by the council and provide the council with satisfactory evidence that they meet all of the following requirements:

(A) Passage of an interior design examination approved by the council.

(B) Any of the following education and experience pathways:

(i) The person is a graduate of a four- or five-year accredited interior design degree program, and has two years of diversified interior design experience.

(ii) The person has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience.

(iii) The person has completed a two-year accredited interior design program and has completed four years of diversified interior design experience.

(iv) The person has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years.

(C) All fees required by the council, as described in subdivision (e) of Section 5811, have been paid.

(2) The council may issue a commercial designation to a Certified Interior Designer or qualified applicant who, in addition to the requirements in paragraph (1), passes additional interior design courses and examinations, as determined to be required by the council.

(b) (1) Any certificate under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration.

(2) The council may require Certified Interior Designers to complete continuing education specific to the practice of interior design each two-year certification cycle.

history: (History: Added by Stats. 2023, Ch. 723, Sec. 31. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 5812

text: It is an unfair business practice for any person to represent or hold themselves out as, or to use the title “Certified Interior Designer” or any other term, such as “licensed,” “registered,” or “CID,” that implies or suggests that the person is certified as an interior designer when they do not hold a valid certification as provided in Sections 5800 and 5801.

history: (History: Amended by Stats. 2023, Ch. 723, Sec. 32. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)


citation: BPC § 6000

text: This chapter of the Business and Professions Code constitutes the chapter on attorneys. It may be cited as the State Bar Act.

history: (History: Added by Stats. 1939, Ch. 34.)

chapter: 4. Attorneys

article: 1. General Provisions

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 1. General Provisions


citation: BPC § 6001

text:
(a) The State Bar of California is a public corporation. It is hereinafter designated as the State Bar.

(b) The State Bar has perpetual succession and a seal and it may sue and be sued. It may, for the purpose of carrying into effect and promoting its objectives:

(1) Make contracts.

(2) Borrow money, contract debts, issue bonds, notes, and debentures, and secure the payment or performance of its obligations.

(3) Own, hold, use, manage, and deal in and with real and personal property.

(4) Construct, alter, maintain, and repair buildings and other improvements to real property.

(5) Purchase, lease, obtain options upon, acquire by gift, bequest, devise, or otherwise, any real or personal property or any interest therein.

(6) Sell, lease, exchange, convey, transfer, assign, encumber, pledge, or dispose of any of its real or personal property or any interest therein, including without limitation all or any portion of its income or revenues from license fees paid or payable by licensees.

(7) Do all other acts incidental to the foregoing or necessary or expedient for the administration of its affairs and the attainment of its purposes.

(c) Pursuant to those powers enumerated in subdivision (b), it is recognized that the State Bar has authority to raise revenue in addition to that provided for in Section 6140 and other statutory provisions. The State Bar is empowered to raise that additional revenue by any lawful means. However, as of March 31, 2018, the State Bar shall not create any foundations or nonprofit corporations.

(d) The State Bar shall conspicuously publicize to its licensees in the annual fees statement and other appropriate communications, including its internet website and electronic communications, that its licensees have the right to limit the sale or disclosure of licensee information not reasonably related to regulatory purposes. In those communications the State Bar shall note the location of the State Bar’s privacy policy, and shall also note the simple procedure by which a licensee may exercise the licensee’s right to prohibit or restrict, at the licensee’s option, the sale or disclosure of licensee information not reasonably related to regulatory purposes. On or before May 1, 2005, the State Bar shall report to the Assembly and Senate Committees on Judiciary regarding the procedures that it has in place to ensure that licensees can appropriately limit the use of their licensee information not reasonably related to regulatory purposes, and the number of licensees choosing to utilize these procedures.

(e) (1) No law of this state restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies, or classes thereof, including, but not by way of limitation, the provisions contained in Division 3 (commencing with Section 11000), Division 4 (commencing with Section 16100), and Part 1 (commencing with Section 18000) and Part 2 (commencing with Section 18500) of Division 5, of Title 2 of the Government Code, shall be applicable to the State Bar, unless the Legislature expressly so declares.

(2) Notwithstanding paragraph (1) or any other law, pursuant to Sections 6026.7 and 6026.11, the State Bar is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and, commencing April 1, 2016, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(3) Notwithstanding paragraph (1) or any other law, members of the board of trustees of the State Bar and employees of the State Bar shall be subject to the conflicts of interest provisions relating to contracts in Sections 1090 to 1097.2, inclusive, set forth in Article 4 of Chapter 1 of Division 4 of Title 1 of the Government Code, and members of the board of trustees of the State Bar shall be deemed state officers and employees of the State Bar shall be deemed state employees thereunder.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 2. (SB 40) Effective January 1, 2024.)

article: 1. General Provisions


text: Protection of the public, which includes support for greater access to, and inclusion in, the legal system, shall be the highest priority for the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 3. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


text:
(a) It is the intent of the Legislature that the State Bar maintain its commitment to and support of effective policies and activities to enhance access, fairness, and diversity in the legal profession and the elimination of bias in the practice of law.

(b) The Legislature finds and declares the following:

(1) The rich diversity of the people of California requires a justice system that is equally accessible and free of bias and is a core value of the legal profession.

(2) Diversity and inclusion are an integral part of the State Bar’s public protection mission to build, retain, and maintain a diverse legal profession to provide quality and culturally sensitive services to an ever-increasing diverse population.

(3) Diversity increases public trust and confidence and the appearance of fairness in the justice system and therefore increases access to justice.

(4) The State Bar should continue to increase diversity and inclusion in the legal profession.

(c) The State Bar shall develop and implement a plan to meet the goals set forth in this section, which may include, but is not limited to, an assessment of needed revenue. The State Bar shall prepare and submit a report to the Legislature, by March 30, 2019, and every two years thereafter, on the plan and its implementation, including a description of activities undertaken to support the plan, their outcomes, and their effectiveness.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 3. (SB 40) Effective January 1, 2024.)

article: 1. General Provisions


text: Commencing on or before February 1, 2011, the State Bar shall make available, upon request of a member of the public, the classification and total annual compensation paid to each of its employees by name, as well as any and all rules, policies, and agreements pertaining to the compensation and benefits of any employees of the State Bar.

history: (History: Added by Stats. 2010, Ch. 476, Sec. 2. (AB 2764) Effective January 1, 2011.)

article: 1. General Provisions


text:
(a) The State Bar of California shall require that all employees and prospective employees, and may require volunteers, contractors, and subcontractors, to submit fingerprints to the Department of Justice and to the Federal Bureau of Investigation in order to establish identity and to determine whether the individual has a record of criminal conviction in this state or in other states, including through a national criminal history check.

(b) The State Bar shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, volunteers, contractors, and subcontractors, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2023, Ch. 697, Sec. 4. (SB 40) Effective January 1, 2024.)

article: 1. General Provisions


citation: BPC § 6002

text:
(a) The licensees of the State Bar are all persons admitted and licensed to practice law in this state except justices and judges of courts of record during their continuance in office.

(b) As used in this chapter or any other provision of law, “member of the State Bar” shall be deemed to refer to a licensee of the State Bar.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 6. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


text:
(a) A licensee of the State Bar shall maintain all of the following on the official licensing records of the State Bar:

(1) The licensee’s current office address and telephone number or, if no office is maintained, the address to be used for State Bar purposes or purposes of the agency charged with attorney discipline.

(2) All specialties in which the licensee is certified.

(3) Any other jurisdictions in which the licensee is admitted and the dates of their admission.

(4) The jurisdiction, and the nature and date of any discipline imposed by another jurisdiction, including the terms and conditions of any probation imposed, and, if suspended or disbarred in another jurisdiction, the date of any reinstatement in that jurisdiction.

(5) Any other information as may be required by agreement with or by conditions of probation imposed by the agency charged with attorney discipline.

A licensee shall notify the licensing records office of the State Bar of any change in the information required by paragraphs (1), (4), and (5) within 30 days of any change and of the change in the information required by paragraphs (2) and (3) on or before the date set by the State Bar for payment of license fees pursuant to Section 6140 or 6141.

(b) Every former licensee of the State Bar who has been ordered by the Supreme Court to comply with Rule 9.20 of the California Rules of Court shall maintain on the official licensing records of the State Bar the former licensee’s current address and within 10 days after any change therein, shall file a change of address with a licensing records office of the State Bar until such time as the former licensee is no longer subject to the order.

(c) The notice initiating a proceeding conducted under this chapter may be served upon the licensee or former licensee of the State Bar to whom it is directed by certified mail, return receipt requested, addressed to the licensee or former licensee at the latest address shown on the official licensing records of the State Bar. The service is complete at the time of the mailing but any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. A licensee of the State Bar or former licensee may waive the requirements of this subdivision and may, with the written consent of another licensee of the State Bar, designate that other licensee to receive service of any notice or papers in any proceeding conducted under this chapter.

(d) The State Bar shall not make available to the general public the information specified in paragraph (5) of subdivision (a) unless that information is required to be made available by a condition of probation. That information is, however, available to the State Bar, the Supreme Court, or the agency charged with attorney discipline.

(e) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.

history: (History: Amended by Stats. 2024, Ch. 227, Sec. 1. (AB 3279) Effective January 1, 2025.)

article: 1. General Provisions


citation: BPC § 6003

text:
Licensees of the State Bar are divided into two classes:

(a) Active licensees.

(b) Inactive licensees.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 8. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


citation: BPC § 6004

text: Every licensee of the State Bar is an active licensee until as in Section 6007 of this code provided or at the licensee’s request, the licensee is enrolled as an inactive licensee.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 9. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


citation: BPC § 6005

text: Inactive licensees are those licensees who have requested that they be enrolled as inactive licensees or who have been enrolled as inactive licensees as set forth in Section 6007.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 10. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


citation: BPC § 6006

text:
(a) Active licensees who retire from practice shall be enrolled as inactive licensees at their request.

(b) Inactive licensees are not entitled to practice law. Those who are enrolled as inactive licensees at their request may, on application and payment of all fees required, become active licensees. Those who are or have been enrolled as inactive licensees at their request are licensees of the State Bar for purposes of Section 15 of Article VI of the California Constitution. Those who are enrolled as inactive licensees pursuant to Section 6007 may become active licensees as provided in that section.

(c) Inactive licensees have such other privileges, not inconsistent with this chapter, as the board of trustees provides.

history: (History: Amended by Stats. 2025, Ch. 405, Sec. 1. (SB 253) Effective January 1, 2026.)

article: 1. General Provisions


citation: BPC § 6007

text:
(a) When a licensee requires involuntary treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Division 5 of, or Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, or when under an order pursuant to Section 3051, 3106.5, or 3152 of the Welfare and Institutions Code they have been placed in or returned to inpatient status at the California Rehabilitation Center or its branches, or when they have been determined insane or mentally incompetent and is confined for treatment or placed on outpatient status pursuant to the Penal Code, or on account of their mental condition a guardian or conservator, for their estate or person or both, has been appointed, the Board of Trustees or an officer of the State Bar shall enroll the licensee as an inactive licensee.

The clerk of any court making an order containing any of the determinations or adjudications referred to in the immediately preceding paragraph shall send a certified copy of that order to the State Bar at the same time that the order is entered.

The clerk of any court with which is filed a notice of certification for intensive treatment pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Division 5 of the Welfare and Institutions Code, upon receipt of the notice, shall transmit a certified copy of it to the State Bar.

The State Bar may procure a certified copy of any determination, order, adjudication, appointment, or notice when the clerk concerned has failed to transmit one or when the proceeding was had in a court other than a court of this state.

In the case of an enrollment pursuant to this subdivision, the State Bar shall terminate the enrollment when the licensee has had the fact of their restoration to capacity judicially determined, upon the licensee’s release from inpatient status at the California Rehabilitation Center or its branches pursuant to Section 3053, 3109, or 3151 of the Welfare and Institutions Code, or upon the licensee’s unconditional release from the medical facility pursuant to Section 5304 or 5305 of the Welfare and Institutions Code; and on payment of all fees required.

When a licensee is placed in, returned to, or released from inpatient status at the California Rehabilitation Center or its branches, or discharged from the narcotics treatment program, the Director of Corrections or their designee shall transmit to the State Bar a certified notice attesting to that fact.

(b) The State Bar Court shall also enroll a licensee of the State Bar as an inactive licensee in each of the following cases:

(1) A licensee asserts a claim of insanity or mental incompetence in any pending action or proceeding, alleging their inability to understand the nature of the action or proceeding or inability to assist counsel in representation of the licensee.

(2) The court makes an order assuming jurisdiction over the licensee’s law practice, pursuant to Section 6180.5 or 6190.34.

(3) After notice and opportunity to be heard before the State Bar Court, the State Bar Court finds that the licensee, because of mental infirmity or illness, or because of the habitual use of intoxicants or drugs, is (i) unable or habitually fails to perform their duties or undertakings competently, or (ii) unable to practice law without substantial threat of harm to the interests of their clients or the public. No proceeding pursuant to this paragraph shall be instituted unless the State Bar Court finds, after preliminary investigation, or during the course of a disciplinary proceeding, that probable cause exists therefor. The determination of probable cause is administrative in character and no notice or hearing is required.

In the case of an enrollment pursuant to this subdivision, the State Bar Court shall terminate the enrollment upon proof that the facts found as to the licensee’s disability no longer exist and on payment of all fees required.

(c) (1) The State Bar Court may order the involuntary inactive enrollment of an attorney upon a finding based on all the available evidence, including affidavits, that the attorney has not complied with Section 6002.1 and cannot be located after reasonable investigation.

(2) The State Bar Court may order the involuntary inactive enrollment of an attorney if it finds, based on all the available evidence, including affidavits:

(A) The attorney has caused or is causing substantial harm to the attorney’s clients or the public.

(B) There is a reasonable probability that the chief trial counsel will prevail on the merits of the underlying disciplinary matter, and that the attorney will be disbarred.

(3) In the case of an enrollment under paragraph (2), the underlying matter shall proceed on an expedited basis.

(4) The State Bar Court shall order the involuntary inactive enrollment of an attorney upon the filing of a recommendation of disbarment after hearing or default. For purposes of this section, that attorney shall be placed on involuntary inactive enrollment regardless of the license status of the attorney at the time.

(5) The State Bar Court shall order the involuntary inactive enrollment of an attorney who is sentenced to incarceration for 90 days or more as a result of a criminal conviction for at least the period of time in which the attorney is incarcerated.

(6) The State Bar Court shall order attorneys who are placed on inactive enrollment pursuant to this subdivision to comply with Rule 9.20 of the California Rules of Court.

(7) The board shall formulate and adopt rules of procedure to implement this subdivision.

In the case of an enrollment pursuant to this subdivision, the State Bar Court shall terminate the involuntary inactive enrollment upon proof that the attorney’s conduct no longer poses a substantial threat of harm to the interests of the attorney’s clients or the public or where an attorney who could not be located proves compliance with Section 6002.1.

(d) (1) The State Bar Court may order the involuntary inactive enrollment of an attorney for violation of probation upon the occurrence of all of the following:

(A) The attorney is under a suspension order any portion of which has been stayed during a period of probation.

(B) The State Bar Court finds that probation has been violated.

(C) The State Bar Court recommends to the Supreme Court that the attorney receive an actual suspension on account of the probation violation or other disciplinary matter.

(2) The State Bar Court shall terminate an enrollment under this subdivision upon expiration of a period equal to the period of stayed suspension in the probation matter, or until the effective date of a Supreme Court order imposing an actual suspension on account of the probation violation or other disciplinary matter, whichever occurs first.

(3) If the Supreme Court orders a period of actual suspension in the probation matter, any period of involuntary inactive enrollment pursuant to this subdivision shall be credited against the period of actual suspension ordered.

(e) (1) The State Bar Court shall order the involuntary, inactive enrollment of a licensee whose default has been entered pursuant to the State Bar Rules of Procedure if both of the following conditions are met:

(A) The notice was duly served pursuant to subdivision (c) of Section 6002.1.

(B) The notice contained the following language at or near the beginning of the notice, in capital letters:

IF YOU FAIL TO FILE AN ANSWER TO THIS NOTICE WITHIN THE TIME ALLOWED BY STATE BAR RULES, INCLUDING EXTENSIONS, OR IF YOU FAIL TO APPEAR AT THE STATE BAR COURT TRIAL, (1) YOUR DEFAULT SHALL BE ENTERED, (2) YOU SHALL BE ENROLLED AS AN INVOLUNTARY INACTIVE LICENSEE OF THE STATE BAR AND WILL NOT BE PERMITTED TO PRACTICE LAW UNLESS THE DEFAULT IS SET ASIDE ON MOTION TIMELY MADE UNDER THE RULES OF PROCEDURE OF THE STATE BAR, (3) YOU SHALL NOT BE PERMITTED TO PARTICIPATE FURTHER IN THESE PROCEEDINGS UNLESS YOUR DEFAULT IS SET ASIDE, AND (4) YOU SHALL BE SUBJECT TO ADDITIONAL DISCIPLINE.

(2) The State Bar Court shall terminate the involuntary inactive enrollment of a licensee under this subdivision when the licensee’s default is set aside on motion timely made under the State Bar Rules of Procedure or the disciplinary proceedings are completed.

(3) The enrollment under this subdivision is administrative in character and no hearing is required.

(4) Upon the involuntary inactive enrollment of a licensee under this subdivision, the notice required by subdivision (b) of Section 6092.5 shall be promptly given.

(f) The pendency or determination of a proceeding or investigation provided for by this section shall not abate or terminate a disciplinary investigation or proceeding except as required by the facts and law in a particular case.

(g) No license fees shall accrue against the licensee during the period they are enrolled as an inactive licensee pursuant to this section.

(h) The State Bar Court may order a full range of interim remedies or final discipline short of involuntary inactive enrollment, including, but not limited to, conditions of probation following final discipline, or directly ordered interim remedies, to restrict or supervise an attorney’s practice of law, as well as proceedings under subdivision (a), (b), (c), or (d), or under Section 6102 or 6190. They may include restrictions as to scope of practice, monetary accounting procedures, review of performance by probation or other monitors appointed by the board, or such other measures as may be determined, after hearing, to protect present and future clients from likely substantial harm. These restrictions may be imposed upon a showing as provided in subdivision (c).

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 5. (SB 40) Effective January 1, 2024.)

article: 1. General Provisions


citation: BPC § 6008

text: All property of the State Bar is hereby declared to be held for essential public and governmental purposes in the judicial branch of the government and such property is exempt from all taxes of the State or any city, city and county, district, public corporation, or other political subdivision, public body or public agency.

history: (History: Added by Stats. 1957, Ch. 1526.)

article: 1. General Provisions


text:
No bond, note, debenture, evidence of indebtedness, mortgage, deed of trust, assignment, pledge, contract, lease, agreement, or other contractual obligation of the State Bar shall:

(a) Create a debt or other liability of the state nor of any entity other than the State Bar (or any successor public corporation).

(b) Create any personal liability on the part of the licensees of the State Bar or the members of the board of trustees or any person executing the same, by reason of the issuance or execution thereof.

(c) Be required to be approved or authorized under the provisions of any other law or regulation of this state.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 13. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


text: Bonds, notes, debentures and other evidences of indebtedness of the State Bar are hereby declared to be issued for essential public and governmental purposes in the judicial branch of the government and, together with interest thereon and income therefrom, shall be exempt from taxes.

article: 1. General Provisions


text: The State Bar may vest in any obligee or trustee the right, in the event of default upon any obligation of the State Bar, to take possession of property of the State Bar, cause the appointment of a receiver for such property, acquire title thereto through foreclosure proceedings, and exercise such other rights and remedies as may be mutually agreed upon between the State Bar and the holder or proposed holder of any such obligation.

article: 1. General Provisions


text: All powers granted to the State Bar by Sections 6001 and 6008.3 may be exercised and carried out by action of its board of trustees. In any resolution, indenture, contract, agreement, or other instrument providing for, creating, or otherwise relating to, any obligation of the State Bar, the board may make, fix, and provide such terms, conditions, covenants, restrictions, and other provisions as the board deems necessary or desirable to facilitate the creation, issuance, or sale of such obligation or to provide for the payment or security of such obligation and any interest thereon, including, but not limited to, covenants and agreements relating to fixing and maintaining license fees.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 14. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


text: The State Bar shall award no contract for goods, services, or both, for an aggregate amount in excess of fifty thousand dollars ($50,000), or for information technology goods, services, or both, for an aggregate amount in excess of one hundred thousand dollars ($100,000), except pursuant to the standards established in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code and approval of the board of trustees. In the event that approval for a particular contract by the board is not feasible because approval of the contract is necessary prior to the next regularly scheduled meeting of the board of trustees, the chief executive officer of the State Bar may approve the contract after consultation with and approval by a designated committee of the board and subject to notification of the full board at the board’s next regularly scheduled meeting. The State Bar shall establish a request for proposal procedure by rule, pursuant to the general standards established in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. For the purposes of this section, “information technology” includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion voice, video, and data communications, network systems, requisite facilities, equipment, system controls, stimulation, electronic commerce, and all related interactions between people and machines.

history: (History: Amended by Stats. 2017, Ch. 422, Sec. 3. (SB 36) Effective January 1, 2018.)

article: 1. General Provisions


text: The State Bar shall, by January 1, 2019, develop purchasing policies that align with the purchasing policies of other state agencies.

history: (History: Added by Stats. 2017, Ch. 422, Sec. 4. (SB 36) Effective January 1, 2018.)

article: 1. General Provisions


citation: BPC § 6009

text:
(a) Notwithstanding any other provision of law, a city, county, or city and county may require attorneys who qualify as lobbyists, as defined by the local jurisdiction, to register and disclose their lobbying activities directed toward the local agencies of those jurisdictions, in the same manner and to the same extent such registration and disclosure is required of nonattorney lobbyists. Any prohibitions against specified activities by lobbyists enacted by a city, county, or city and county shall also apply to attorneys who qualify as lobbyists.

(b) For purposes of this section, information about a lobbyist that may be required to be disclosed is:

(1) The name, business address, and telephone number of the lobbyist, of any lobbying firm of which the lobbyist is a partner, owner, officer, or employee; and of any persons or lobbying firms paid to lobby by the lobbyist.

(2) The name, business address, and business telephone number of each client who pays the lobbyist to lobby; the specific matter and agency lobbied, itemized by client; and the amount of money paid to the lobbyist for lobbying and the total expenses of the lobbyist for lobbying, itemized by client.

(3) All gifts or payments made by the lobbyist to officials in the jurisdiction, itemized by the name of the official, the amount, date, and description of the gift or payment, and the names of the person making the gift or payment and the person receiving the gift or payment.

(4) All campaign contributions made, arranged, or delivered by the lobbyist to officials in the jurisdiction, specified by amount, date, and name of the official receiving the contribution.

history: (History: Added by Stats. 1994, Ch. 526, Sec. 1. Effective January 1, 1995.)

article: 1. General Provisions


text: The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including attorneys, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose.

history: (History: Amended by Stats. 1998, Ch. 485, Sec. 5. Effective January 1, 1999.)

article: 1. General Provisions


text: The State Bar shall adopt procedures to facilitate reporting of mandatory and voluntary information by providing licensees with a centralized mechanism for reporting information online at the State Bar Internet Web site, including, but not limited to, data required to be provided pursuant to the State Bar Act, or by other statutes, rules, and case law, and demographic information. Any demographic data collected shall be used only for general purposes and shall not be identified to any individual licensee or his or her State Bar record.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 15. (AB 3249) Effective January 1, 2019.)

article: 1. General Provisions


citation: BPC § 6010

text:
(a) The State Bar is governed by a board known as the board of trustees of the State Bar. The board has the powers and duties conferred by this chapter.

(b) As used in this chapter or any other provision of law, “board of governors” shall be deemed to refer to the board of trustees.

history: (History: Amended by Stats. 2011, Ch. 417, Sec. 9. (SB 163) Effective January 1, 2012.)

article: 2. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 2. Administration


citation: BPC § 6011

text:
(a) The board shall appoint an executive director of the State Bar, who shall be responsible for the leadership and management of the State Bar according to the strategic direction set by the board.

(b) The board shall appoint a lawyer admitted to practice in California to serve as the executive director of the State Bar. The executive director shall be appointed for a term of four years and may be reappointed for additional four-year terms. The executive director shall serve at the pleasure of the board. The executive director shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of an executive director.

(c) The appointment of the executive director is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment.

(d) This section applies to persons appointed as the executive director on or after January 1, 2024.

history: (History: Added by Stats. 2023, Ch. 697, Sec. 6. (SB 40) Effective January 1, 2024.)

article: 2. Administration


citation: BPC § 6012

text:
(a) The board shall appoint a general counsel of the State Bar to serve as the chief legal advisor to the board on issues not related to attorney discipline.

(b) The board shall appoint a lawyer admitted to practice in California to serve as general counsel of the State Bar. The general counsel shall be appointed for a term of four years and may be reappointed for additional four-year terms. The general counsel shall serve at the pleasure of the board. The general counsel shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of a general counsel.

(c) The appointment of the general counsel is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment.

(d) This section applies to persons appointed general counsel on or after January 1, 2024.

history: (History: Added by Stats. 2023, Ch. 697, Sec. 7. (SB 40) Effective January 1, 2024.)

article: 2. Administration