BILL NUMBER: SB 1233	CHAPTERED
	BILL TEXT

	CHAPTER  326
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  JUNE 2, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	AMENDED IN SENATE  MAY 17, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Oropeza
   (Coauthors: Senators Alquist, Hancock, Pavley, and Wiggins)
   (Coauthors: Assembly Members Evans, Jones, Ma, Monning, and
Skinner)

                        FEBRUARY 19, 2010

   An act to amend Section 2166.5 of the Elections Code, and to amend
Section 6206.5 of, and to repeal Sections 6211 and 6217 of, the
Government Code, relating to confidential address programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1233, Oropeza. Confidential address programs.
   Existing law establishes a program until January 1, 2013, known as
"Address Confidentiality for Victims of Domestic Violence and
Stalking." That program authorizes specified persons to complete an
application containing specified information in person at a
community-based victims' assistance program to be approved by the
Secretary of State for the purpose of enabling state and local
agencies to respond to requests for public records without disclosing
a program participant's residence address. The program also makes
the participant's voter registration confidential, and requires the
Secretary of State to act as that person's agent for service of
process and to designate a substitute mailing address for program
participants, as specified. Under existing law, any person who makes
a false statement in an application for this program is guilty of a
misdemeanor. Under the program any person who is granted
confidentiality pursuant to these provisions may file a new affidavit
of voter registration or reregistration and be considered an absent
voter for subsequent elections until the county elections official is
notified otherwise by the Secretary of State or the voter. Existing
law provides that any records or documents pertaining to a program
participant shall be retained and held confidential for a period of 3
years after termination of certification of participation in the
program and then destroyed, as specified.
   This bill would extend the provisions of the program indefinitely.

   By extending indefinitely provisions of law, the violation of
which is a misdemeanor, this bill would impose a state-mandated local
program.
    Existing law establishes a program similar to the above-described
program, the "Address Confidentiality for Reproductive Health Care
Services Providers, Employees, Volunteers, and Patients" program
until January 1, 2013, for reproductive health care services
providers, employees, volunteers, and patients. The program similarly
provides that any person who makes a false statement in an
application is guilty of a misdemeanor and any person who is granted
confidentiality pursuant to these provisions may file a new affidavit
of voter registration or reregistration and be considered an absent
voter for subsequent elections until the county elections official is
notified otherwise by the Secretary of State or the voter.
   This bill would extend indefinitely the "Address Confidentiality
for Reproductive Health Care Services Providers, Employees,
Volunteers, and Patients" program.
   By extending indefinitely provisions of law, the violation of
which is a misdemeanor, this bill would impose a state-mandated local
program.
   Existing law requires the Secretary of State to retain and keep
confidential records and documents pertaining to a participant in
this address confidentiality program for a period of 3 years after
termination of certification of the participant, and then to destroy
the records and documents.
   This bill would provide an exception to those provisions for
change of name records, which would be retained permanently.
   Existing law, until January 1, 2013, provides that any person
filing with the county elections official a new affidavit of
registration or reregistration who is a participant in certain
address confidentiality programs may have the information relating to
his or her residence address, telephone number, and e-mail address
appearing on the affidavit, or any list or roster or index prepared
therefrom, declared confidential, as specified.
   This bill would extend indefinitely the voter registration
confidentiality provisions.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 2166.5 of the Elections Code is amended to
read:
   2166.5.  (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking program pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code or
a participant in the Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and Patients program
pursuant to Chapter 3.2 (commencing with Section 6215) of that
division.
   (b) Any person granted confidentiality under subdivision (a)
shall:
   (1) Be considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise by the Secretary of State or in writing by the voter. A
voter requesting termination of vote by mail status thereby consents
to placement of his or her residence address, telephone number, and
e-mail address in the roster of voters.
   (2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
   (c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
   (d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
  SEC. 2.  Section 6206.5 of the Government Code is amended to read:
   6206.5.  (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
   (b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
   (c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
   (d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
   (e) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed, except for
change of name records, which shall be retained permanently.
  SEC. 3.  Section 6211 of the Government Code is repealed.
  SEC. 4.  Section 6217 of the Government Code is repealed.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.