BILL NUMBER: AB 958	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2011

   An act to add Section 110.5 to, and to repeal Sections 1670.2,
2230.5, 2960.05, 3137, 3750.51, 4982.05, 4990.32, 5561, 5661, 7686.5,
9884.20, and 9889.8 of, the Business and Professions Code, relating
to regulatory boards.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 958, as introduced, Bill Berryhill. Regulatory boards:
limitations periods.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law requires these boards to file disciplinary
action accusations against licensees for various violations within a
specified limitations period particular to each board.
   This bill would delete those specified limitations periods for
each board and would instead impose a specified limitations period on
all boards within the Department of Consumer Affairs.
   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 110.5 is added to the Business and Professions
Code, to read:
   110.5.  (a) Notwithstanding any other provision of law and except
as provided in subdivisions (b) and (c), any accusation filed against
a licensee of a board described in Section 101, pursuant to Section
11503 of the Government Code, shall be filed within one year after
the board discovers the act or omission alleged as the ground for
disciplinary action, or within four years after the act or omission
alleged as the ground for disciplinary action occurs, whichever
occurs first.
   (b) If an alleged act or omission involves a minor, the four-year
limitations period provided for by subdivision (a) shall be tolled
until the minor reaches the age of majority.
   (c) If a licensee intentionally conceals evidence of wrongdoing,
the four-year limitations period provided for by subdivision (a)
shall be tolled during that period of concealment.
  SEC. 2.  Section 1670.2 of the Business and Professions Code is
repealed. 
   1670.2.  (a) Except as otherwise provided in this section, any
proceeding initiated by the board against a licensee for the
violation of any provision of this chapter shall be filed within
three years after the board discovers the act or omission alleged as
the ground for disciplinary action, or within seven years after the
act or omission alleged as the ground for disciplinary action occurs,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging fraud or willful
misrepresentation is not subject to the limitation in subdivision
(a).
   (c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation in subdivision (a) upon
proof that the licensee intentionally concealed from discovery his or
her incompetence, gross negligence, or repeated negligent acts.
   (d) If an alleged act or omission involves any conduct described
in subdivision (e) of Section 1680 committed on a minor, the
seven-year limitations period in subdivision (a) and the 10-year
limitations period in subdivision (e) shall be tolled until the minor
reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging conduct described in
subdivision (e) of Section 1680 not committed on a minor shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging conduct received by the board on
and after January 1, 2005.
   (f)  In any allegation, accusation, or proceeding described in
this section, the limitations period in subdivision (a) shall be
tolled for the period during which material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation. 
  SEC. 3.  Section 2230.5 of the Business and Professions Code is
repealed. 
   2230.5.  (a) Except as provided in subdivisions (b), (c), and (e),
any accusation filed against a licensee pursuant to Section 11503 of
the Government Code shall be filed within three years after the
board, or a division thereof, discovers the act or omission alleged
as the ground for disciplinary action, or within seven years after
the act or omission alleged as the ground for disciplinary action
occurs, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitation provided
for by subdivision (a).
   (c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation provided for by subdivision
(a) upon proof that the licensee intentionally concealed from
discovery his or her incompetence, gross negligence, or repeated
negligent acts.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board, or a division thereof,
discovers the act or omission alleged as the ground for disciplinary
action, or within 10 years after the act or omission alleged as the
ground for disciplinary action occurs, whichever occurs first. This
subdivision shall apply to a complaint alleging sexual misconduct
received by the board on and after January 1, 2002.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation. 
  SEC. 4.  Section 2960.05 of the Business and Professions Code is
repealed. 
   2960.05.  (a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years from
the date the board discovers the alleged act or omission that is the
basis for disciplinary action, or within seven years from the date
the alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging sexual misconduct received by the
board on and after January 1, 2002.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation. 
  SEC. 5.  Section 3137 of the Business and Professions Code is
repealed. 
   3137.  (a) Except as otherwise provided in this section, any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code for the violation of any provision of this chapter
shall be filed within three years after the board discovers the act
or omission alleged as the ground for disciplinary action, or within
seven years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging fraud or willful
misrepresentation is not subject to the limitation in subdivision
(a).
   (c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation in subdivision (a) upon
proof that the licensee intentionally concealed from discovery his or
her incompetence, gross negligence, or repeated negligent acts.
   (d) If an alleged act or omission involves any conduct described
in Section 726 committed on a minor, the 10-year limitations period
in subdivision (e) shall be tolled until the minor reaches the age of
majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging conduct described in Section
726 shall be filed within three years after the board discovers the
act or omission alleged as the ground for disciplinary action, or
within 10 years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging conduct received by the board on
and after January 1, 2006.
   (f) In any allegation, accusation, or proceeding described in this
section, the limitations period in subdivision (a) shall be tolled
for the period during which material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation. 
  SEC. 6.  Section 3750.51 of the Business and Professions Code is
repealed. 
   3750.51.  (a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years from
the date the board discovers the alleged act or omission that is the
basis for disciplinary action, or within seven years from the date
the alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation. 
  SEC. 7.  Section 4982.05 of the Business and Professions Code is
repealed. 
   4982.05.  (a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years from
the date the board discovers the alleged act or omission that is the
basis for disciplinary action, or within seven years from the date
the alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board discovers the act or
omission alleged as the grounds for disciplinary action, or within 10
years after the act or omission alleged as the grounds for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging sexual misconduct received by the
board on and after January 1, 2002.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
   (g) For purposes of this section, "discovers" means the later of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
   (1) The date the board received a complaint or report describing
the act or omission.
   (2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
   (3) The date the board receives from the complainant a written
release of information pertaining to the complainant's diagnosis and
treatment.
  SEC. 8.  Section 4990.32 of the Business and Professions Code is
repealed. 
   4990.32.  (a) Except as otherwise provided in this section, an
accusation filed pursuant to Section 11503 of the Government Code
against a licensee or registrant under the chapters the board
administers and enforces shall be filed within three years from the
date the board discovers the alleged act or omission that is the
basis for disciplinary action or within seven years from the date the
alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
   (b) An accusation filed against a licensee alleging the
procurement of a license by fraud or misrepresentation is not subject
to the limitations set forth in subdivision (a).
   (c) The limitations period provided by subdivision (a) shall be
tolled for the length of time required to obtain compliance when a
report required to be filed by the licensee or registrant with the
board pursuant to Article 11 (commencing with Section 800) of Chapter
1 is not filed in a timely fashion.
   (d) An accusation alleging sexual misconduct shall be filed within
three years after the board discovers the act or omission alleged as
the grounds for disciplinary action or within 10 years after the act
or omission alleged as the grounds for disciplinary action occurred,
whichever occurs first. This subdivision shall apply to a complaint
alleging sexual misconduct received by the board on and after January
1, 2002.
   (e) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (d) shall be tolled
until the minor reaches the age of majority. However, if the board
discovers an alleged act of sexual contact with a minor under Section
261, 286, 288, 288.5, 288a, or 289 of the Penal Code after the
limitations periods described in this subdivision have otherwise
expired, and there is independent evidence that corroborates the
allegation, an accusation shall be filed within three years from the
date the board discovers that alleged act.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
   (g) For purposes of this section, "discovers" means the latest of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
   (1) The date the board received a complaint or report describing
the act or omission.
   (2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
   (3) The date the board receives from the complainant a written
release of information pertaining to the complainant's diagnosis and
treatment. 
  SEC. 9.  Section 5561 of the Business and Professions Code is
repealed. 
   5561.  All accusations against licensees charging the holder of a
license issued under this chapter with the commission of any act
constituting a cause for disciplinary action shall be filed with the
board within five 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, whichever occurs
first, but not more than 10 years after the act or omission alleged
as the ground for disciplinary action. However, with respect to an
accusation alleging a violation of Section 5579, 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 5579. 
  SEC. 10.  Section 5661 of the Business and Professions Code is
repealed. 
   5661.  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. 
  SEC. 11.  Section 7686.5 of the Business and Professions Code is
repealed. 
   7686.5.  All accusations against licensees shall be filed with the
bureau within two years after the performance of the act or omission
alleged as the ground for disciplinary action; provided, however,
that the foregoing provision shall not constitute a defense to an
accusation alleging fraud or misrepresentation as a ground for
disciplinary action. The cause for disciplinary action in such case
shall not be deemed to have accrued until discovery, by the bureau,
of the facts constituting the fraud or misrepresentation, and, in
such case, the accusation shall be filed within three years after
such discovery. 
  SEC. 12.  Section 9884.20 of the Business and Professions Code is
repealed. 
   9884.20.  All accusations against automotive repair dealers shall
be filed within three years after the performance of the act or
omission alleged as the ground for disciplinary action, except that
with respect to an accusation alleging fraud or misrepresentation as
a ground for disciplinary action, the accusation may be filed within
two years after the discovery, by the bureau, of the alleged facts
constituting the fraud or misrepresentation. 
  SEC. 13.  Section 9889.8 of the Business and Professions Code is
repealed. 
   9889.8.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (d) of Section 9889.3, the
accusation may be filed within two years after the discovery by the
bureau of the alleged facts constituting the fraud or
misrepresentation prohibited by that section.