Bill Text: CA SB679 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Licensees: reporting requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 471, Statutes of 2013. [SB679 Detail]

Download: California-2013-SB679-Amended.html

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BILL NUMBER: SB 679	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2013

   An act to amend  Section 6770   Sections
6770, 6770.1, 6770.2, 8776, 8776.1, and 8776.2  of the Business
and Professions Code, relating to  professional engineers.
  licensees. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 679, as amended, Berryhill.  Professional engineers:
licensees:   Licensees:  reporting requirements.
   Existing law establishes, within the Department of Consumer
Affairs, the Board  of   for  Professional
Engineers and Land Surveyors. Existing law prohibits, in order to
safeguard life, health, property, and public welfare, any person from
practicing civil, electrical, or mechanical  engineering
  engineering, or land surveying  unless
appropriately licensed or specifically exempted from licensure, as
specified. Existing law requires a licensee to report to the board in
writing the occurrence of any of the specified events  that
occurred on or after January 1, 2008,  within 90 days of the
date the licensee has knowledge of the event, including  the
conviction of the licensee of any felony or any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed professional engineer. Existing law also requires a
licensee to report to the board in writing, as specified  ,
 but not limited to,  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, misrepresentation, breach or violation of
contract, negligence, incompetence, or recklessness by the licensee
in the practice of professional engineering  or land surveying
 if the amount or value of the judgment, settlement, or
arbitration award is $50,000 or greater.
   This bill would  increase the latter provision to require
that   revise those provisions to instead require 
a licensee  to  report to the board  in writing, as
specified,   the occurrence of any indictment or
information charging a felony, any conviction, any disciplinary
action, or any civil action settlement or administrative action
resulting in a settlement against the licensee, as specified, 
if the amount or value of the  settlement is greater than
$50,000, and any civil action  judgment  , settlement,
 or  binding  arbitration award  or
administrative action resulting in a judgment o   r binding
arbitration award against the licensee, as specified, if the amount
or value  is  $55,0000   $25,000  or
greater. 
   Existing law requires a court that rendered a conviction or
judgment against a licensee, as specified, to report that fact to the
board and provide the board with various documents. Existing law
requires a state or local government agency that self-insures a
licensee or an insurer that provides professional liability insurance
to a licensee to report to the board specified information when
payment of a civil action judgment, settlement, or arbitration award,
as specified, against a licensee of the board has been made. 

   This bill would require a court that entered a settlement against
a licensee, as specified, to report that fact to the board and
provide the board a copy of the settlement and any orders or opinions
accompanying the settlement. The bill would require a state or local
government agency that self insures a licensee or an insurer that
provides professional liability insurance to a licensee to report to
the board specified information when payment of a civil action
judgment, settlement, or binding arbitration award, in an amount
greater than $50,000 against a licensee of the board has been made.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6770 of the Business and Professions Code is
amended to read: 
   6770.  (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
   (1) The conviction of the licensee of any felony.
   (2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed professional engineer.
   (3) Any 
    6770.    (a) A licensee shall report to the board in
writing the occurrence of any of the following events that occurred
on or after January 1, 2008, within 90 days of the date the licensee
has knowledge of the event:  
   (1) The conviction of the licensee of any felony.  
   (2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed professional engineer. 
    (3)     A  civil action 
judgment,  settlement  , arbitration award,
 or administrative action resulting in a  judgment,
settlement, or arbitration award   settlement 
against the licensee in any action alleging fraud, deceit,
misrepresentation, breach or violation of contract, negligence,
incompetence, or recklessness by the licensee in the practice of
professional engineering if the amount or value of the 
judgment, settlement, or arbitration award   s 
 ettlement  is  fifty-five thousand dollars
($55,000) or greater.   greater than fifty thousand
dollars ($50,000).  
   (4) A civil action judgment or binding arbitration award or
administrative action resulting in a judgment or binding arbitration
award against the licensee in any action alleging fraud, deceit,
misrepresentation, breach or violation of contract, negligence,
incompetence, or recklessness by the licensee in the practice of
professional engineering if the amount or value of the judgment or
binding arbitration award is twenty-five thousand dollars ($25,000)
or greater. 
   (b) The report required by subdivision (a) shall be signed by the
licensee and 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 the title
of the matter, court or agency name, docket number, and the date 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) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
   (e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
   (f) For the purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.
   SEC. 2   .    Section 6770.1 of the 
 Business and Professions Code   is amended to read:

   6770.1.  Within 30 days of entry of a conviction described in
paragraphs (1) and (2) of subdivision (a) of Section  6770 or
  6770, a settlement described in paragraph (3) of
subdivision (a) of Section 6770, or  a judgment described in
paragraph  (3)   (4)  of subdivision (a) of
Section 6770 by a court of this state that has been notified that
the defendant is a licensee of the board, the court that rendered the
 conviction   conviction, settlement,  or
judgment shall report that fact to the board and provide the board
with a copy of the  conviction   conviction,
settlement,  or judgment and any orders or opinions of the court
accompanying or ordering the  conviction  
conviction, settlement,  or judgment.
   SEC. 3.    Section 6770.2 of the   Business
and Professions Code   is amended to read: 
   6770.2.  (a) Within 30 days of payment of all or any portion of
any civil action judgment, settlement, or  binding 
arbitration award described in Section 6770 against a licensee of the
board in which the amount or value of the judgment, settlement, or
 binding  arbitration award is  greater than  fifty
thousand dollars  ($50,000) or greater,  
($50,000),  any insurer providing professional liability
insurance to that licensee shall report to the board the name of the
licensee; the amount or value of the judgment, settlement, or 
binding  arbitration award; the amount paid by the insurer; and
the identity of the payee.
   (b) Within 30 days of payment of all or any portion of any civil
action judgment, settlement, or  binding  arbitration award
described in Section 6770 against a licensee of the board in which
the amount or value of the judgment, settlement, or  binding
 arbitration award is  greater than  fifty thousand
dollars  ($50,000) or greater,   ($50,000),
 any state or local government agency that self insures that
licensee shall report to the board the name of the licensee; the
amount or value of the judgment, settlement, or  binding 
arbitration award; the amount paid; and the identity of the payee.
   SEC. 4.    Section 8776 of the   Business
and Professions Code   is amended to read:  
   8776.  (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
   (1) The conviction of the licensee of any felony.
   (2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed land surveyor. 
    8776.    (a) A licensee shall report to the board in
writing the occurrence of any of the following events that occurred
on or after January 1, 2008, within 90 days of the date the licensee
has knowledge of the event:  
   (1) The conviction of the licensee of any felony.  
   (2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed land surveyor.  
   (3) Any 
    (3)     A  civil action 
judgment,  settlement  , arbitration award,
 or administrative action resulting in a  judgment,
settlement, or arbitration award   settlement 
against the licensee in any action alleging fraud, deceit,
misrepresentation, breach or violation of contract, negligence,
incompetence, or recklessness by the licensee in the practice of land
surveying if the amount or value of the  judgment,
settlement, or arbitration award is fifty thousand dollars ($50,000)
or greater.   settlement is greater than fifty thousand
dollars ($50,000).  
   (4) A civil action judgment or binding arbitration award or
administrative action resulting in a judgment or binding arbitration
award against the licensee in any action alleging fraud, deceit,
misrepresentation, breach or violation of contract, negligence,
incompetence, or recklessness by the licensee in the practice of land
surveying if the amount or value of the judgment or binding
arbitration award is twenty-five thousand dollars ($25,000) or
greater. 
   (b) The report required by subdivision (a) shall be signed by the
licensee and 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 the title
of the matter, court or agency name, docket number, and the dates 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) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
   (e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
   (f) For purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.
   SEC. 5.    Section 8776.1 of the   Business
and Professions Code   is amended to read: 
   8776.1.  Within 30 days of entry of a conviction described in
paragraphs (1) and (2) of subdivision (a) of Section  8776 or
  8776, a settlement described in paragraph (3) of
subdivision (a) of Section 8776, or  a judgment described in
paragraph  (3)   (4)  of subdivision (a) of
Section  8776   8776  by a court of this
state that has been notified that the defendant is a licensee of the
board, the court that rendered the conviction or judgment shall
report that fact to the board and provide the board with a copy of
the  conviction   conviction, settlement, 
or judgment and any orders or opinions of the court accompanying or
ordering the  conviction   conviction,
settlement,  or judgment.
   SEC. 6.    Section 8776.2 of the   Business
and Professions Code   is amended to read: 
   8776.2.  (a) Within 30 days of payment of all or any portion of
any civil action judgment, settlement, or  binding 
arbitration award described in Section 8776 against a licensee of the
board in which the amount or value of the judgment, settlement, or
 binding  arbitration award is  greater than  fifty
thousand dollars  ($50,000) or greater,  
($50,000),  any insurer providing professional liability
insurance to that licensee shall report to the board the name of the
licensee; the amount or value of the judgment, settlement, or 
binding  arbitration award; the amount paid by the insurer; and
the identity of the payee.
   (b) Within 30 days of payment of all or any portion of any civil
action judgment, settlement, or  binding  arbitration award
described in Section 8776 against a licensee of the board in which
the amount or value of the judgment, settlement, or  binding
 arbitration award is  greater than  fifty thousand
dollars  ($50,000) or greater,   ($50,000),
 any state or local government agency that self insures that
licensee shall report to the board the name of the licensee; the
amount or value of the judgment, settlement, or  binding 
arbitration award; the amount paid; and the identity of the payee.