BILL NUMBER: AB 32	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Lieu

                        DECEMBER 1, 2008

   An act to amend Section 6254.21 of the Government Code, relating
to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 32, as amended, Lieu. Public officials: personal information.
   (1) Existing law prohibits a person, business, or association from
publicly posting or publicly displaying on the Internet the home
address or telephone number of any elected or appointed official if
that official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number  , or from   . Upon receiving a written
demand, a person, business   ,   or association is
prohibited from transferring the official's information to any other
person, business   ,   or association. Existing law
also prohibits  soliciting, selling, or trading on the Internet
the home address or telephone number of an elected or appointed
official with the intent to cause bodily harm to the official or to
any person residing at the official's home address. Existing law
provides various remedies for violation of these provisions.
   This bill would require a person, business, or association, upon
receiving the written demand of an elected or appointed official, to
 immediately  remove the official's home address or
telephone number from public display on the Internet  within 48
hours of the   delivery of the   demand,  and
to continue to ensure that information is not reposted on the
 Internet or any   same Internet   Web
  site, a  subsidiary site  , or any other Internet
  Web   site maintained by the recipient of the
written demand  . 
   The bill would specifically exempt a telephone corporation, as
defined, from the prohibition on transferring a public official's
home address or telephone number after receipt of a written demand if
the transfer is necessary in the event of an emergency, to collect a
debt owed to the telephone corporation or its affiliate, or as
otherwise authorized by state or federal law. 
   The bill would allow an elected or appointed official to designate
the official's employer  , a related governmental entity, 
or any voluntary professional association of similar officials to
act, on behalf of that official, as that official's agent with regard
to making a written demand or seeking enforcement of these posting
requirements.  A   written demand made by an official's
agent would be required to incl   ude a statement describing
a threat or fear for the official's safety or the safety of those
residing in the official's home.  
   (2) Existing law additionally prohibits a state or local agency
from posting the home address or telephone number of any elected or
appointed official on the Internet without first obtaining the
written permission of that individual. Existing law also prohibits a
person from knowingly posting on the Internet the home address or
telephone number of an elected or appointed official or of the
official's residing spouse or child with intent to cause imminent
great bodily harm to that individual.  
   Existing law prohibits a person, business, or association from
soliciting, selling, or trading on the Internet the home address or
telephone number of an elected or appointed official with the intent
to cause imminent great bodily harm to the official or to any person
residing at the official's home address. With regard to a violation
of this prohibition, existing law requires a jury or court that finds
a violation has occurred to award damages to that official in an
amount up to a maximum of 3 times the actual damages but not less
than $4,000.  
   This bill would instead require a jury or court to award damages
in that amount to an official whose home address or telephone number
is solicited, sold, or traded in violation of any of those
prohibitions.  
   (2) Under existing law, a public official is authorized to
petition a court for injunctive or declarative relief if his or her
home address and telephone number are publicly posted despite a
written demand, and the court is empowered to grant official court
costs and reasonable attorney's fees for the action.  
   This bill would authorize a court to also impose a fine not
exceeding $1,000 for violation of an order for an injunction or
declarative relief. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.21 of the Government Code is amended to
read:
   6254.21.  (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
   (b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child  ,  on the Internet knowing that
person is an elected or appointed official and intending to cause
imminent great bodily harm that is likely to occur or threatening to
cause imminent great bodily harm to that individual. A violation of
this subdivision is a misdemeanor. A violation of this subdivision
that leads to the bodily injury of the official, or his or her
residing spouse or child, is a misdemeanor or a felony.
   (c) (1) (A) No person, business, or association shall publicly
post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
    (B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official's home address.
    (C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official's term has expired prior to the end of the four-year
period.
   (D)  (i)    A person, business, or association
that receives the written demand of an elected or appointed official
pursuant to this paragraph shall  immediately 
remove the official's home address or telephone number from public
display on the Internet  within 48 hours of delivery of the
written demand,  and shall continue to ensure that this
information is not reposted on the  Internet or on any
subsidiary site   same Internet Web site, subsidiary
site, or any other Internet Web site maintained by the recipient of
the written demand  .  After 
    (ii)     After  receiving the elected
or appointed official's written demand, the person, business, or
association shall not transfer the appointed or elected official's
home address or telephone number to any other person, business, or
association through any other medium. 
   (iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official'
s home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate. 
    (E) For purposes of this paragraph, "publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
   (2) An official whose home address or telephone number is made
public as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a  jury or  court finds
that a violation has occurred, it may grant injunctive or declarative
relief and shall award the official court costs and reasonable
attorney's fees.  A fine not exceeding one thousand dollars
($1,000) may be imposed for a violation of the court's order for an
injunction or declarative relief obtained pursuant to this paragraph.

   (3) An elected or appointed official may designate  in writing
 the official's employer  , a related governmental entity,
 or any voluntary professional association of similar officials
to act, on behalf of that official, as that official's agent with
regard to making a written demand  and taking an enforcement
action  pursuant to this section.  That agent shall
have the same authority as that official to enforce any rights or
remedies that are provided by this section.   A written
deman   d made by an agent pursuant to this paragraph shall
include a statement describing a threat   or fear for the
safety of that official or of any person residing at the official's
home address. 
   (d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
   (2) Notwithstanding any other law, an official whose home address
or telephone number is solicited, sold, or traded in violation of
 this section   paragraph (1)  may bring an
action in any court of competent jurisdiction. If a jury or court
finds that a violation has occurred, it shall award damages to that
official in an amount up to a maximum of three times the actual
damages but in no case less than four thousand dollars ($4,000).
   (e) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
   (f) For purposes of this section, "elected or appointed official"
includes, but is not limited to, all of the following:
   (1) State constitutional officers.
   (2) Members of the Legislature.
   (3) Judges and court commissioners.
   (4) District attorneys.
   (5) Public defenders.
   (6) Members of a city council.
   (7) Members of a board of supervisors.
   (8) Appointees of the Governor.
   (9) Appointees of the Legislature.
   (10) Mayors.
   (11) City attorneys.
   (12) Police chiefs and sheriffs.
   (13) A public safety official, as defined in Section 6254.24.
   (14) State administrative law judges.
   (15) Federal judges and federal defenders.
   (16) Members of the United States Congress and appointees of the
President.
   (g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any other
provision of law.