California 2019 2019-2020 Regular Session

California Senate Bill SB339 Amended / Bill

Filed 06/04/2019

                    Amended IN  Assembly  June 04, 2019 Amended IN  Senate  April 29, 2019 Amended IN  Senate  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 339Introduced by Senator JonesFebruary 19, 2019 An act to add Section Sections 6770.4.1, 7874, and 8790.5 to the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 339, as amended, Jones. Land surveyors. Engineers, land surveyors, and geologists and geophysicists: nondisclosure agreements: reporting.The Professional Engineers Act and the Professional Land Surveyors Act provides provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires Both acts require a licensee to report to the board in writing the occurrence of specified events in relation to the licensee within 90 days of the date the licensee has knowledge of the event. Under the act, Under both acts, the failure of a licensee to report to the board in the time and manner required is grounds for disciplinary action. The act specifies Both acts specify that a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a required report to the board. The act also The Professional Engineers Act requires the executive officer of the board to aid in the enforcement of the act. The Professional Land SurveyorsAct requires the board to enforce all of the provisions of the act and cause the prosecution of all violations coming to its notice.This bill would specify that if a licensee under the Professional Engineers Act or under the Professional Land Surveyors Act who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act, or of the Professional Land Surveyors Act Act, as applicable to the licensee, to the board.The Geologist and Geophysicist Act provides for the licensure and regulation of geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the executive officer of the board to aid in the enforcement of the act. The act also specifies that whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against the act, upon application of the board, the superior court of the county in which the offense has occurred or is about to occur, is authorized to issue an injunction or other appropriate order restraining that act or practice.This bill would specify that if a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the act to the board.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6770.4.1 is added to the Business and Professions Code, to read:6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.SEC. 2. Section 7874 is added to the Business and Professions Code, to read:7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.SECTION 1.SEC. 3. Section 8790.5 is added to the Business and Professions Code, to read:8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.

 Amended IN  Assembly  June 04, 2019 Amended IN  Senate  April 29, 2019 Amended IN  Senate  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 339Introduced by Senator JonesFebruary 19, 2019 An act to add Section Sections 6770.4.1, 7874, and 8790.5 to the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 339, as amended, Jones. Land surveyors. Engineers, land surveyors, and geologists and geophysicists: nondisclosure agreements: reporting.The Professional Engineers Act and the Professional Land Surveyors Act provides provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires Both acts require a licensee to report to the board in writing the occurrence of specified events in relation to the licensee within 90 days of the date the licensee has knowledge of the event. Under the act, Under both acts, the failure of a licensee to report to the board in the time and manner required is grounds for disciplinary action. The act specifies Both acts specify that a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a required report to the board. The act also The Professional Engineers Act requires the executive officer of the board to aid in the enforcement of the act. The Professional Land SurveyorsAct requires the board to enforce all of the provisions of the act and cause the prosecution of all violations coming to its notice.This bill would specify that if a licensee under the Professional Engineers Act or under the Professional Land Surveyors Act who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act, or of the Professional Land Surveyors Act Act, as applicable to the licensee, to the board.The Geologist and Geophysicist Act provides for the licensure and regulation of geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the executive officer of the board to aid in the enforcement of the act. The act also specifies that whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against the act, upon application of the board, the superior court of the county in which the offense has occurred or is about to occur, is authorized to issue an injunction or other appropriate order restraining that act or practice.This bill would specify that if a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the act to the board.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  June 04, 2019 Amended IN  Senate  April 29, 2019 Amended IN  Senate  March 25, 2019

Amended IN  Assembly  June 04, 2019
Amended IN  Senate  April 29, 2019
Amended IN  Senate  March 25, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 339

Introduced by Senator JonesFebruary 19, 2019

Introduced by Senator Jones
February 19, 2019

 An act to add Section Sections 6770.4.1, 7874, and 8790.5 to the Business and Professions Code, relating to professions and vocations. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 339, as amended, Jones. Land surveyors. Engineers, land surveyors, and geologists and geophysicists: nondisclosure agreements: reporting.

The Professional Engineers Act and the Professional Land Surveyors Act provides provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires Both acts require a licensee to report to the board in writing the occurrence of specified events in relation to the licensee within 90 days of the date the licensee has knowledge of the event. Under the act, Under both acts, the failure of a licensee to report to the board in the time and manner required is grounds for disciplinary action. The act specifies Both acts specify that a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a required report to the board. The act also The Professional Engineers Act requires the executive officer of the board to aid in the enforcement of the act. The Professional Land SurveyorsAct requires the board to enforce all of the provisions of the act and cause the prosecution of all violations coming to its notice.This bill would specify that if a licensee under the Professional Engineers Act or under the Professional Land Surveyors Act who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act, or of the Professional Land Surveyors Act Act, as applicable to the licensee, to the board.The Geologist and Geophysicist Act provides for the licensure and regulation of geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the executive officer of the board to aid in the enforcement of the act. The act also specifies that whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against the act, upon application of the board, the superior court of the county in which the offense has occurred or is about to occur, is authorized to issue an injunction or other appropriate order restraining that act or practice.This bill would specify that if a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the act to the board.

The Professional Engineers Act and the Professional Land Surveyors Act provides provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires Both acts require a licensee to report to the board in writing the occurrence of specified events in relation to the licensee within 90 days of the date the licensee has knowledge of the event. Under the act, Under both acts, the failure of a licensee to report to the board in the time and manner required is grounds for disciplinary action. The act specifies Both acts specify that a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a required report to the board. The act also The Professional Engineers Act requires the executive officer of the board to aid in the enforcement of the act. The Professional Land SurveyorsAct requires the board to enforce all of the provisions of the act and cause the prosecution of all violations coming to its notice.

This bill would specify that if a licensee under the Professional Engineers Act or under the Professional Land Surveyors Act who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act, or of the Professional Land Surveyors Act Act, as applicable to the licensee, to the board.

The Geologist and Geophysicist Act provides for the licensure and regulation of geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the executive officer of the board to aid in the enforcement of the act. The act also specifies that whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against the act, upon application of the board, the superior court of the county in which the offense has occurred or is about to occur, is authorized to issue an injunction or other appropriate order restraining that act or practice.

This bill would specify that if a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the act to the board.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6770.4.1 is added to the Business and Professions Code, to read:6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.SEC. 2. Section 7874 is added to the Business and Professions Code, to read:7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.SECTION 1.SEC. 3. Section 8790.5 is added to the Business and Professions Code, to read:8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 6770.4.1 is added to the Business and Professions Code, to read:6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

SECTION 1. Section 6770.4.1 is added to the Business and Professions Code, to read:

### SECTION 1.

6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.



6770.4.1. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

SEC. 2. Section 7874 is added to the Business and Professions Code, to read:7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

SEC. 2. Section 7874 is added to the Business and Professions Code, to read:

### SEC. 2.

7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.



7874. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board.

SECTION 1.SEC. 3. Section 8790.5 is added to the Business and Professions Code, to read:8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.

SECTION 1.SEC. 3. Section 8790.5 is added to the Business and Professions Code, to read:

### SECTION 1.SEC. 3.

8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.

8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.

8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.



8790.5. If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors Act to the board.