BILL NUMBER: SB 1889 CHAPTERED 09/29/00 CHAPTER 927 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE SENATE AUGUST 28, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 23, 2000 AMENDED IN ASSEMBLY JUNE 14, 2000 AMENDED IN SENATE APRIL 3, 2000 INTRODUCED BY Senator Figueroa (Coauthors: Senators Murray, Perata, Sher, Solis, Soto, and Speier) (Coauthors: Assembly Members Alquist, Aroner, Calderon, Cardoza, Correa, Dutra, Havice, Hertzberg, Honda, Keeley, Knox, Kuehl, Longville, Papan, Reyes, Shelley, Steinberg, and Washington) FEBRUARY 24, 2000 An act to amend Section 27 of the Business and Professions Code, and to amend Section 11018.5 of the Government Code, relating to the Internet. LEGISLATIVE COUNSEL'S DIGEST SB 1889, Figueroa. Internet: licensee information. Existing law requires specified consumer boards and the Department of Real Estate to disclose information regarding the status of the licenses of their licensees on the Internet. Existing law excludes disclosing a licensee's home address unless it is also his or her business address. This bill would require specified entities in the Department of Consumer Affairs that issue licenses to disclose information regarding the status of the licenses of their licensees on the Internet. This bill would require those entities to disclose the addresses of record of licensees, and would require those entities and the Department of Real Estate to allow the licensees to provide a post office box number or other alternative address, instead of a home address. Those entities would also be authorized to require licensees to provide a physical business address or residence address, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 27 of the Business and Professions Code is amended to read: 27. (a) Every entity specified in subdivision (b), on or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. In providing information on the Internet, each entity shall comply with the Department of Consumer Affairs Guidelines for Access to Public Records. The information shall not include personal information including, home telephone number, date of birth, or social security number. Each entity shall disclose a licensee's address of record. However, each entity shall 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. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entity's internal administrative use and not for disclosure as the licensee's address of record or disclosure on the Internet. (b) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Acupuncture Board shall disclose information on its licensees. (2) The Board of Behavioral Sciences shall disclose information on its licensees, including marriage and family therapists, licensed clinical social workers, and licensed educational psychologists. (3) The Dental Board of California shall disclose information on its licensees. (4) The State Board of Optometry shall disclose information regarding certificates of registration to practice optometry, statements of licensure, optometric corporation registrations, branch office licenses, and fictitious name permits of their licensees. (5) The Board for Professional Engineers and Land Surveyors shall disclose information on its registrants and licensees. (6) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment. (7) The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. (8) The Bureau of Electronic and Appliance Repair shall disclose information on its licensees, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators. (9) The Cemetery Program shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, crematories, and cremated remains disposers. (10) The Funeral Directors and Embalmers Program shall disclose information on its licensees, including, embalmers, funeral establishments, and funeral directors. (11) The Contractors' State License Board shall disclose information on its licensees in accordance with Chapter 9 (commencing with Section 7000) of Division 3. (12) The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists. (c) "Internet" for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (e) of Section 17538 of the Business and Professions Code. SEC. 2. Section 11018.5 of the Government Code is amended to read: 11018.5. (a) The Department of Real Estate, on or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), including information relative to suspensions and revocations of licenses issued by that state agency and other related enforcement action taken against persons, businesses, or facilities subject to licensure or regulation by a state agency. (b) The Department of Real Estate shall disclose information on its licensees, including real estate brokers and agents, on the Internet that is in compliance with the department's public record access guidelines. In instances where licensees use their home address as a mailing address, the department shall allow licensees to provide a post office box number or other alternate address where correspondence may be received. Notwithstanding the foregoing, real estate brokers shall provide the department with the actual address of their place or places of business as required by Section 10162 of the Business and Professions Code. (c) "Internet" for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (e) of Section 17538 of the Business and Professions Code.