BILL NUMBER: SB 761	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hall

                        FEBRUARY 27, 2015

   An act to add 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 private residence
rental listings: notice.
   Existing law requires an operator of a commercial Internet 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 Internet 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 a hosting platform, as defined, to provide
a specific notice to an occupant listing a residence for short-term
rental on a hosting platform that states, among other things, that,
if the occupant is a tenant, listing the room, home, condominium, or
apartment may violate the lease or contract and could result in legal
action by the landlord, including possible eviction. This bill would
require the notice to be in a particular font size and be provided
immediately before the occupant lists each real property on the
hosting platform's Internet Web site in a manner that requires the
occupant to interact with the hosting platform's Internet Web site to
affirmatively acknowledge he or she has read the notice.
   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 Section 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, a "hosting platform" means a
marketplace that is created for the primary purpose of facilitating
the rental of a residential unit offered for occupancy for tourist or
transient use for compensation to the offeror of that unit, and the
operator of the hosting platform derives revenues, including booking
fees or advertising revenues, from providing or maintaining that
marketplace. "Facilitating" includes, but is not limited to, the act
of allowing the offeror of the residential unit to offer or advertise
the residential unit on the Internet Web site provided or maintained
by the operator.
   22592.  A hosting platform shall provide the following notice to
occupants listing a residence for short-term rental on a hosting
platform:


   If you are a tenant who is listing a room, home, condominium, or
apartment, please refer to your rental contract or lease, or contact
your landlord, prior to listing the property to determine whether
your lease or contract contains restrictions that would limit your
ability to list your room, home, condominium, or apartment. Listing
your room, home, condominium, or apartment may be a violation of your
lease or contract, and could result in legal action against you by
your landlord, including possible eviction.

   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 hosting platform's
Internet Web site or equal to the default font size on the hosting
platform's Internet Web site.
   (b) The notice shall be provided immediately before the occupant
lists each real property on the hosting platform's Internet Web site,
and shall require the occupant to interact with the hosting platform'
s Internet Web site to affirmatively acknowledge he or she has read
the notice.  This affirmative   acknowledgement may be
accomplished by the inclusion of a statement in the notice described
in Section 22592 that the occupant acknowledges reading this notice
before proceeding to list a real property with the hosting platform's
Internet Web site.