BILL NUMBER: SB 679 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Berryhill
FEBRUARY 22, 2013
An act to amend Sections 6770, 6770.1, 6770.2, 8776, 8776.1, and
8776.2 of the Business and Professions Code, relating to licensees.
LEGISLATIVE COUNSEL'S DIGEST
SB 679, as amended, Berryhill. Licensees: reporting requirements.
Existing law establishes, within the Department of Consumer
Affairs, the Board 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, 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 within 90 days of the
date the licensee has knowledge of the event, including, 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 revise those provisions to instead require a
licensee to report to the board 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 or binding arbitration
award or administrative action resulting in a judgment or binding
arbitration award against the licensee, as specified, if the amount
or value is $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
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 award 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) A civil action settlement or administrative action resulting
in a 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
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
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, a
settlement described in paragraph (3) of subdivision (a) of Section
6770, or a judgment described in paragraph (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, settlement, or judgment shall report
that fact to the board and provide the board with a copy of the
conviction, settlement, or judgment and any orders or opinions of the
court accompanying or ordering the 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),
board, 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),
board, any state or local government agency that
self insures 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.
(3) A civil action settlement or administrative action resulting
in a 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 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, a
settlement described in paragraph (3) of subdivision (a) of Section
8776, or a judgment described in paragraph (4) of subdivision (a) of
Section 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,
settlement, or judgment and any orders or opinions of the court
accompanying or ordering the 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),
board, 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),
board, any state or local government agency that
self insures 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.