BILL ANALYSIS �
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| Hearing Date:April 8, 2013 |Bill No:SB |
| |207 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 207Author:Cannella
As Introduced: February, 8, 2013 Fiscal:Yes
SUBJECT: Department of Consumer Affairs: licensee information.
SUMMARY: Modifies the requirement that the Board for Professional
Engineers, Land Surveyors and Geologists disclose information on the
Internet about its registrants and licensees to exclude disclosing the
address of record of a licensee.
Existing law:
1)Requires specified boards within the Department of Consumer Affairs
(DCA) to disclose information regarding the status of every license
issued by that entity in accordance with the California Public
Records Act, and the Information Practices Act of 1977. The
information shall include: (Business and Professions Code (BPC) �
27)
a) Information on suspensions and revocations, and other related
enforcement action, including accusations filed pursuant to the
Administrative Procedure Act.
b) The information may not include personal information,
including home telephone number, date of birth, or social
security number.
c) Each entity shall disclose a licensee's address of record.
However, a licensee shall be allowed to provide a post office box
number or other alternate address, instead of his or her home
address, as the address of record.
2)Licenses and regulates professional engineers, land surveyors,
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geologists and geophysicists by the Board for Professional
Engineers, Land Surveyors, and Geologists (Board) within the
Department of Consumer Affairs.
3)Mandates that protection of the public shall be the highest priority
for the Board, and that the protection of the public is inconsistent
with other interests sought to be promoted, the protection of the
public shall be paramount. (BPC � 6710.1)
4)Regulates, under the Professional Engineers Act (Engineering Act),
three branches of engineering as "practice acts" (civil, mechanical,
and electrical), nine branches of engineering as "title acts"
(agricultural, chemical, control system, fire protection,
industrial, metallurgical, nuclear, petroleum, and traffic), and two
"title authorities" (structural and soil). Any person registered
under a practice act by the Board may perform engineering work in
California. (Business and Professions Code (BPC) � 6700, ff.)
5)Requires the Board to disclose information on the Internet on its
registrants and licensees. (BPC � 27 (c) (1)).
This bill: Modifies the requirement of the Board to post information
about its registrants and licensees to strike out the term
"registrant" and to exclude the address of record of a licensee from
disclosure on the Internet by the Board.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is Sponsored by the Board for Professional
Engineers, Land Surveyors, and Geologists (Board) to eliminate the
requirement that the Board post licensees' address of record on its
website.
The Author states the need for the bill as follows:
"Requiring a licensee's address to be made publicly available
has created a concerning unintended consequence whereby
someone with malicious intent can use the website to gain
access to a licensee's residence information.
While licensees may list a business address or post office box
instead of a residential address, these choices do not ensure
total protection from stalking or threats. Also, listing an
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alternate address is often neither available nor appropriate,
as many licensees are small business owners or independent
professionals who work out of their homes.
This bill is needed to protect the privacy of licensees by
removing the requirement that the Board divulge licensees'
full address of record on its website."
2.Background. The requirement for DCA boards and bureaus to post
information about licensees on the Internet was first established in
1997 by SB 492 (Rosenthal, Chapter 661, Statutes of 1997). The bill
was intended to assist consumers in making a more informed
evaluation regarding professional service selection by providing
consumers with a simple method of obtaining data about the license
status and any disciplinary actions taken against a licensed
individual or business. As enacted, BPC � 27 prohibited a
licensee's home address from being disclosed unless it was used as a
business address.
The address disclosure requirement was modified by SB 1889 (Figueroa,
Chapter 927, Statutes of 2000). That bill explicitly required the
licensee's address of record to be posted; however, it required each
board to allow a licensee to provide a post office box number or
other alternate address instead of his or her home address as the
address of record. Senator Figueroa believed that there was a need
to protect licensees, some of whom may be vulnerable to harm from
clients, by protecting the privacy of their home address when it is
used as their "address of record" for licensing. The bill allowed
social workers, psychologists, and other licensees who use their
home address as their official address of record with a higher level
of protection from disgruntled individuals and other potential
dangers. The supporters of the bill acknowledged that there are
legitimate reasons for organizations and others to obtain a
licensee's actual physical address of record in order to correspond
with them.
SB 706 (Price, Chapter 712, Statutes of 2011) further expanded BPC � 27
to require the disclosure of accusations filed pursuant the
Administrative Procedures Act. The Author argued that not
disclosing disciplinary actions is inconsistent with public
protection.
3.Public Records. The Legislature has declared that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state. The
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California Public Records Act (PRA) requires that public records be
available to the public upon request (Government Code � 6250 et
seq.). Every state agency is required under the PRA to establish
written guidelines for the public to obtain access to public
records. The DCA has adopted Guidelines for Access to Public
Records (Guidelines) (May 1, 2002). In general, the PRA and the
Guidelines require that public records which are not exempt from
disclosure will be made available to the public for inspection and
copying. There is no explicit exemption for the address of record
of licensees, and therefore the address of record is subject to
disclosure under the PRA. The Information Practices Act of 1977
(Civil Code (CC) � 1798 et seq.) provides that nothing in that Act
"shall prohibit the release of only names and addresses of persons
possessing licenses to engage in professional occupations" (CC �
1798.61).
It is important to note that BPC � 27 requires the information
regarding licensees disclosed on the Internet to be in accordance
with the PRA and the Information Practices Act of 1977 and in
compliance with the DCA Guidelines.
4. Related Legislation.
SB 679 (Berryhill) revises the threshold for a licensed engineer or
land surveyor to report a civil action judgment, settlement,
arbitration award, or administrative action to the Board from
"$50,000 or more" to "more than $50,000;" requires a licensed
engineer or land surveyor to report to the Board any civil action
judgment or binding arbitration award or administrative action of
$25,000 or greater. SB 679 is also set for hearing in this
Committee on April 15.
SB 152 (Roth) repeals the provision for a temporary authorization to
practice engineering, geology or geophysics in California; requires
a geologist or geophysicist to use a written contract when
providing geological or geophysical services. SB 152 was heard in
this Committee on April 1, and passed 8-1.
SB 492 (Rosenthal, Chapter 661, Statutes of 1997) established the
requirement for DCA boards and bureaus to post information about
licensees on the Internet.
SB 1889 (Figueroa, Chapter 927, Statutes of 2000), explicitly required
the licensee's address of record to be posted, and required each
board to allow a licensee to provide a post office box number or
other alternate address, instead of his or her home address, as the
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address of record.
SB 706 (Price, Chapter 712, Statutes of 2011) required the Internet
disclosure of accusations filed by a board.
5.Arguments in Support. In sponsoring the bill, the Board for
Professional Engineers, Land Surveyors, and Geologists (Board)
believes that the current Internet disclosure requirement is a
problem due to an issue that has recently come to its attention: "A
licensee of the Board was followed home by a disgruntled employee
who had looked up her address on the Board's website. As a result
of him having her address he was able to show up at her home and she
reported that he made threatening comments to her. The licensee
disputed the need for her address to be made public and thought it
would be more useful to list an email address or telephone number
for consumers to be able to reach her."
6.Policy Concerns. The following policy concerns are raised with the
provisions of this measure:
a) This bill appears contrary to public disclosure policies.
Disclosure of a licensee's address of record is consistent with
the PRA, the Information Practices Act and the DCA Guidelines or
Access to Public Records. If this bill were to be enacted, the
Board would be the only entity within the DCA with an exemption
from disclosure of a licensee's address of record.
b) The identified problem can be addressed under existing law.
The stated problem which prompted the bill is that a licensee was
followed home by an employee who looked up the licensee's home
address on the Board's website. The current law provides that a
Board must allow a licensee to provide a post office box number
or other alternate address instead of his or her home address as
the address of record.
c) This bill would take away the legitimate ability to contact a
licensee. In authorizing an alternative address to be used as an
address of record the Legislature acknowledged that there are
legitimate reasons for organizations, consumers and others to
obtain a licensee's address of record in order to correspond with
them. This bill would take away that accessibility. As such the
bill would take away from consumers information about licensees.
d) The bill appears to be contrary to the DCA Mission and Vision.
The DCA Mission is "To protect and serve the interests of
California consumers." The Vision of DCA includes that consumers
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will "have access to competent and ethical service providers."
By eliminating a significant piece of information disclosed about
licensees, this bill seems to conflict with the goals of the
Department.
SUPPORT AND OPPOSITION:
Support:
Board for Professional Engineers, Land Surveyors, and Geologists
(Sponsor)
Opposition:
None received as of April 9, 2013
Consultant:G. V. Ayers