Bill Text: CA SB372 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Consumer Affairs: licensee and registrant records: name and gender changes.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2023-09-23 - Chaptered by Secretary of State. Chapter 225, Statutes of 2023. [SB372 Detail]

Download: California-2023-SB372-Amended.html

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Amended  IN  Senate  April 20, 2023

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 372

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Introduced by Senator Menjivar
(Coauthors: Senators Cortese and Wiener)
(Coauthors: Assembly Members Lee, Pellerin, and Wallis)

February 09, 2023

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An act to add Section 27.5 to the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

SB 372, as amended, Menjivar. Department of Consumer Affairs: licensee and registrant records: name and gender changes.

Existing law establishes in the Business, Consumer Services, and Housing Agency the Department of Consumer Affairs. Existing law establishes various boards within the department for the licensure, regulation, and discipline of various professions and vocations. Existing law defines “board” for purposes of the Business and Professions Code to include bureau, commission, committee, department, division, examining committee, program, and agency, unless otherwise expressly provided.

This bill would require a board to update a licensee’s or registrant’s records, including records contained within an online license verification system, to include the licensee’s or registrant’s updated legal name or gender if the board receives government-issued documentation, as described, from the licensee or registrant demonstrating that the licensee or registrant’s legal name or gender has been changed. The bill would require the board to remove the licensee’s or registrant’s former name or gender from its online license verification system and treat this information as confidential. The board would be required to establish a process to allow a person to request and obtain this information, a licensee’s or registrant’s current name or enforcement action record linked to a former name, as prescribed. The bill would require the board, if requested by a licensee or registrant, to reissue specified documents conferred upon, or issued to, the licensee or registrant with their updated legal name or gender. The bill would prohibit a board from charging a higher fee for reissuing a document with a corrected or updated legal name or gender than the fee it charges for reissuing a document with other corrected or updated information.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 27.5 is added to the Business and Professions Code, to read:

27.5.

 (a) (1) Notwithstanding any other law, if a board receives government-issued documentation, as described in subdivision (b), from a licensee or registrant demonstrating that the licensee’s or registrant’s legal name or gender has been changed, the board shall update their records, including any records contained within an online license verification system, to include the updated legal name or gender.

(2) (A) If the board operates an online license verification system, it shall remove the licensee’s or registrant’s former name upon receipt of government-issued documentation, as described in subdivision (b). The licensee’s or registrant’s former name and gender shall be deemed confidential.

(B) The board shall establish a process for providing a licensee’s or registrant’s former name and gender upon receipt of a request that is related to a complaint against the licensee or registrant. current name or enforcement action record linked to a former name upon receipt of a request that is related to an enforcement action against the licensee or registrant or a search of a licensee by a previous name. The process shall ensure that the request is completed within 10 business days. This subparagraph shall be implemented in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(C) In establishing a process to provide a licensee’s or registrant’s former name and gender, the board shall consider respect for the licensee’s or registrant’s privacy and safety.

(3) If requested by the licensee or registrant, the board shall reissue any documents conferred upon the licensee or registrant with the licensee’s or registrant’s updated legal name or gender. A board shall not charge a higher fee for reissuing a document with a corrected or updated legal name or gender than the fee it charges for reissuing a document with other corrected or updated information.

(b)  The documentation of a licensee or registrant sufficient to demonstrate a legal name or gender change includes, but is not limited to, any of the following:

(1) State-issued driver’s license or identification card.

(2) Birth certificate.

(3) Passport.

(4) Social security card.

(5) Court order indicating a name change or a gender change.

(c) This section does not require a board to modify records that the licensee or registrant has not requested for modification or reissuance.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 27.5 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to protect the privacy rights and safety of individuals, it is necessary that this act limit the public’s right of access to that information.