Senate BillNo. 207


Introduced by Senator Cannella

February 8, 2013


An act to amend Section 27 of the Business and Professions Code, relating to consumer affairs.

LEGISLATIVE COUNSEL’S DIGEST

SB 207, as introduced, Cannella. Department of Consumer Affairs: licensee information.

Existing law requires various boards in the Department of Consumer Affairs to provide information concerning the status of licensees on the Internet, including a licensee’s address of record. Existing law requires the Board for Professional Engineers, Land Surveyors, and Geologists to disclose information on its registrants and licensees.

This bill would eliminate the requirement that the Board for Professional Engineers, Land Surveyors, and Geologists disclose any information about its registrants and would modify the disclosure information for its licensees to exclude the address of record.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 27 of the Business and Professions Code
2 is amended to read:

3

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
5every license issued by that entity in accordance with the California
6Public Records Act (Chapter 3.5 (commencing with Section 6250)
7of Division 7 of Title 1 of the Government Code) and the
P2    1Information Practices Act of 1977 (Chapter 1 (commencing with
2Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
3The public information to be provided on the Internet shall include
4information on suspensions and revocations of licenses issued by
5the entity and other related enforcement action, including
6accusations filed pursuant to the Administrative Procedure Act
7(Chapter 3.5 (commencing with Section 11340) of Part 1 of
8Division 3 of Title 2 of the Government Code) taken by the entity
9relative to persons, businesses, or facilities subject to licensure or
10regulation by the entity. The information may not include personal
11information, including home telephone number, date of birth, or
12social security number. Each entity shall disclose a licensee’s
13address of record. However, each entity shall allow a licensee to
14provide a post office box number or other alternate address, instead
15of his or her home address, as the address of record. This section
16shall not preclude an entity from also requiring a licensee, who
17has provided a post office box number or other alternative mailing
18address as his or her address of record, to provide a physical
19business address or residence address only for the entity’s internal
20administrative use and not for disclosure as the licensee’s address
21of record or disclosure on the Internet.

22(b) In providing information on the Internet, each entity specified
23in subdivisions (c) and (d) shall comply with the Department of
24Consumer Affairs Guidelines for Access to Public Records.

25(c) Each of the following entities within the Department of
26Consumer Affairs shall comply with the requirements of this
27section:

28(1) The Board for Professional Engineers, Land Surveyors, and
29Geologists shall disclose informationbegin insert, excluding the address of
30record,end insert
on itsbegin delete registrants andend delete licensees.

31(2) The Bureau of Automotive Repair shall disclose information
32on its licensees, including auto repair dealers, smog stations, lamp
33and brake stations, smog check technicians, and smog inspection
34certification stations.

35(3) The Bureau of Electronic and Appliance Repair, Home
36Furnishings, and Thermal Insulation shall disclose information on
37its licensees and registrants, including major appliance repair
38dealers, combination dealers (electronic and appliance), electronic
39repair dealers, service contract sellers, and service contract
40administrators.

P3    1(4) The Cemetery and Funeral Bureau shall disclose information
2on its licensees, including cemetery brokers, cemetery salespersons,
3cemetery managers, crematory managers, cemetery authorities,
4crematories, cremated remains disposers, embalmers, funeral
5establishments, and funeral directors.

6(5) The Professional Fiduciaries Bureau shall disclose
7information on its licensees.

8(6) The Contractors’ State License Board shall disclose
9information on its licensees and registrants in accordance with
10Chapter 9 (commencing with Section 7000) of Division 3. In
11addition to information related to licenses as specified in
12subdivision (a), the board shall also disclose information provided
13to the board by the Labor Commissioner pursuant to Section 98.9
14of the Labor Code.

15(7) The Bureau for Private Postsecondary Education shall
16disclose information on private postsecondary institutions under
17its jurisdiction, including disclosure of notices to comply issued
18pursuant to Section 94935 of the Education Code.

19(8) The California Board of Accountancy shall disclose
20information on its licensees and registrants.

21(9) The California Architects Board shall disclose information
22on its licensees, including architects and landscape architects.

23(10) The State Athletic Commission shall disclose information
24on its licensees and registrants.

25(11) The State Board of Barbering and Cosmetology shall
26disclose information on its licensees.

27(12) The State Board of Guide Dogs for the Blind shall disclose
28information on its licensees and registrants.

29(13) The Acupuncture Board shall disclose information on its
30licensees.

31(14) The Board of Behavioral Sciences shall disclose
32information on its licensees, including marriage and family
33therapists, licensed clinical social workers, licensed educational
34psychologists, and licensed professional clinical counselors.

35(15) The Dental Board of California shall disclose information
36on its licensees.

37(16) The State Board of Optometry shall disclose information
38regarding certificates of registration to practice optometry,
39statements of licensure, optometric corporation registrations, branch
40office licenses, and fictitious name permits of its licensees.

P4    1(17) The Board of Psychology shall disclose information on its
2licensees, including psychologists, psychological assistants, and
3registered psychologists.

4(d) The State Board of Chiropractic Examiners shall disclose
5information on its licensees.

6(e) The Structural Pest Control Board shall disclose information
7on its licensees, including applicators, field representatives, and
8operators in the areas of fumigation, general pest and wood
9destroying pests and organisms, and wood roof cleaning and
10 treatment.

11(f) “Internet” for the purposes of this section has the meaning
12set forth in paragraph (6) of subdivision (f) of Section 17538.



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