BILL NUMBER: SB 679	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2013

   An act to amend Section 6770 of the Business and Professions Code,
relating to professional engineers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 679, as introduced, Berryhill. Professional engineers:
licensees: reporting requirements.
   Existing law establishes, within the Department of Consumer
Affairs, the Board of 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 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,
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 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 a
licensee report to the board in writing, as specified, if the amount
or value of the judgment, settlement, or arbitration award is
$55,0000 or greater.
   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 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 if the amount or value of the
judgment, settlement, or arbitration award is  fifty thousand
dollars ($50,000)   fifty-five thousand dollars
($55,000)  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.