Bill Text: CA SB865 | 2011-2012 | Regular Session | Introduced
Bill Title: Contractors: expertise: legal representation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-19 - Set, second hearing. Hearing canceled at the request of author. [SB865 Detail]
Download: California-2011-SB865-Introduced.html
BILL NUMBER: SB 865 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2011
An act to amend Section 7019 of the Business and Professions Code,
relating to contractors.
LEGISLATIVE COUNSEL'S DIGEST
SB 865, as introduced, Negrete McLeod. Contractors: expertise:
legal representation.
Existing law requires a board under the Business and Professions
Code, including the Contractors' State License Board, to provide
legal representation to any person hired or under contract who
provides expertise to the board in the evaluation of an applicant or
the conduct of a licensee when that person is named vas a defendant
in a civil action arising out of the evaluation or any opinions
rendered, statements made, or testimony given to the board. Existing
law provides that the board is not liable for any judgment rendered
against that person. Existing law requires the Attorney General to be
utilized in the action and his or her services charged to the board.
Existing law authorizes the Contractors' State License Board to
contract with professionals whose skills or expertise are required to
aid in the investigation or prosecution of a licensee, registrant,
applicant for a license or registration, or those subject to
licensure or registration by the board.
This bill would require the Contractors' State License Board to
provide for representation to any professional who provides expertise
to the board in the evaluation of the conduct of a licensee,
registrant, or applicant when, as a result of providing that
expertise, the professional is named as a defendant in a civil
action. The bill would further require that representation in any
proceeding instituted by the board or to which the board is a party,
and would require the board to pay for any services rendered by the
Attorney General. The bill would require indemnification for any
judgment rendered against the professional, as specified.
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 7019 of the Business and Professions Code is
amended to read:
7019. (a) If funding is made available for that purpose, the
board may contract with licensed professionals, as appropriate, for
the site investigation of consumer complaints.
(b) The board may contract with other professionals, including,
but not limited to, interpreters and manufacturer's representatives,
whose skills or expertise are required to aid in the investigation or
prosecution of a licensee, registrant, applicant for a license or
registration, or those subject to licensure or registration by the
board.
(c) The registrar shall determine the rate of reimbursement for
those individuals providing assistance to the board pursuant to this
section. All reports shall be completed on a form prescribed by the
registrar.
(d) As used in this section, "licensed professionals" means, but
is not limited to, engineers, architects, landscape architects,
geologists, and accountants licensed, certificated, or registered
pursuant to this division.
(e) (1) Notwithstanding Section 154.5, if a person is hired or is
under contract pursuant to this section to provide expertise to the
board in the evaluation of the conduct of a licensee, registrant, or
applicant, and that person is named as a defendant in a civil action
for defamation, tortious interference with prospective business
advantage, or any other civil cause of action directly resulting from
opinions rendered, statements made, or testimony given to the board,
its committees, staff, legal counsel, or other representatives, or
in any proceeding instituted by the board or to which the board is a
party, the board shall provide for representation required to defend
that person in that civil action and shall indemnify that person for
any judgment rendered against him or her. The Attorney General shall
be utilized in the action and his or her services shall be a charge
against the board.
(2) The right of defense and indemnification under paragraph (1)
shall be the same as, and no greater than, the right provided to a
public employee pursuant to Section 825 of the Government Code.
Nothing in this subdivision shall be construed as expanding or
limiting any immunity from liability otherwise provided by law.
