BILL NUMBER: SB 761 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hall
FEBRUARY 27, 2015
An act to add Section 17538.2 to Chapter
22.3 (commencing with Section 22590) to Division 8 of the
Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
SB 761, as amended, Hall. Advertising: Internet.
Internet private residence rental listings: notice.
Existing law requires an operator of a commercial Web site or
online service that collects personally identifiable information
through the Internet about individual consumers residing in
California who use or visit its commercial Web site or online service
to conspicuously post its privacy policy on its Internet Web site.
Existing law also limits advertising by an operator of an Internet
Web site, online service, online application, or mobile application
directed to minors, as provided.
This bill would require an operator of an online platform or
Internet Web site that in any manner facilitates the rental of real
property located within the state offered by an occupant of that real
property as a vacation or other temporary living space to provide a
specific notice to that occupant that states, among other things,
that listing or offering the property on the Internet Web site could
result in eviction if the occupant does not have the property owner's
permission. This bill would require the notice to be in a particular
font size and provided immediately before the occupant commits to
offer each real property on the Internet Web site in a manner that
requires the occupant to interact with the Internet Web site to
affirmatively acknowledge he or she has read the notice. This bill
would define terms for its purposes.
Existing law prohibits a person, corporation or association, or
any employee of a corporation or association, from engaging in
advertising practices conducted by specified means of dissemination
or publication, including the Internet, where a statement is made or
disseminated that is untrue or misleading and which, by the exercise
of reasonable care, should be known to be untrue or misleading.
Existing law requires a vendor conducting business through the
Internet or any other electronic means of communication, when a
transaction involves a buyer in this state, to disclose to the buyer
the vendor's return and refund policy and various other information.
A violation of these provisions is a crime.
This bill would state the intent of the Legislature to enact
legislation that would require an operator of a commercial Internet
Web site that meets specified criteria to provide public disclosures
and consumer protections when presenting or offering to consumers
vacation home rentals or temporary living spaces.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 22.3 (commencing with Se
ction 22590) is added to Division 8 of the Business
and Professions Code , to read:
CHAPTER 22.3. INTERNET PRIVATE RESIDENCE RENTAL LISTINGS
22590. As used in this chapter, the following definitions shall
apply:
(a) "Occupant" means a natural person who has the legal right to
reside in the real property, including, but not limited to, a tenant.
(b) "Real property" means any dwelling or portion of a dwelling
intended for human occupancy, including, but not limited to, a room,
single family home, condominium, or apartment.
22592. (a) An operator of an online platform or Internet Web site
that in any manner facilitates the rental of real property located
within the state offered by an occupant of that real property as a
vacation or other temporary living space shall provide the following
notice to that occupant in compliance with this chapter:
If you are a tenant who is listing a room,
home, condominium, or apartment that you rent
from a landlord on this Internet Web site, you
may be in violation of your rental contract or
lease. Listing or offering the property on this
Internet Web site could result in your eviction
if you do not have the property owner's
permission. Please refer to your rental
contract or lease, or contact your landlord
prior to listing the property to protect your
interests.
22594. (a) The notice required by Section 22592 shall be in a
font size that is equal to or greater than 100 percent of the
standard font size of the other paragraphs on the online platform or
Internet Web site or equal to the default font size on the online
platform or Internet Web site.
(b) The notice shall be provided immediately before the occupant
commits to offer each real property on the online platform or
Internet Web site, and shall require the occupant to interact with
the online platform Internet Web site to affirmatively acknowledge he
or she has read the notice.
SECTION 1. Section 17538.2 is added to the
Business and Professions Code, to read:
17538.2. It is the intent of the Legislature to enact legislation
that would require an operator of a commercial Internet Web site
that meets specified criteria to provide public disclosures and
consumer protections when presenting or offering to consumers
vacation home rentals or temporary living spaces.