BILL NUMBER: SB 859	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 18, 2011

   An act to amend Section 1808.23 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 859, as introduced, Padilla. Vehicles: records:
confidentiality.
   (1) Existing law requires the residence address in a record of the
Department of Motor Vehicles to be kept confidential, with specified
exceptions. One exception applies to a vehicle manufacturer licensed
to do business in this state if the manufacturer, or its agent,
under penalty of perjury, requests and uses the information only for
the purpose of safety, warranty, or product recall if the
manufacturer offers to make and makes any changes at no cost to the
vehicle owner. Another exception applies to a dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents. A violation of
the Vehicle Code is a crime.
   This bill would add an exception for an electrical corporation, as
defined, or a local publicly owned electric utility, if the utility,
or its agent, under penalty of perjury, requests and uses the
information only for the purposes of tracking electric vehicle
charging points. By creating a new crime, the bill would impose a
state-mandated local program.
   (2) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1808.23 of the Vehicle Code is amended to read:

   1808.23.  (a) Section 1808.21 does not apply to  a
  any of the following: 
    (1)     A  vehicle manufacturer
licensed to do business in this state if the manufacturer, or its
agent, under penalty of perjury, requests and uses the information
only for the purpose of safety, warranty, including a warranty issued
in compliance with Section 1795.92 of the Civil Code, emission, or
product recall if the manufacturer offers to make and makes any
changes at no cost to the vehicle owner. 
   (b) Section 1808.21 does not apply to a 
    (2)     A  dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents. 
   (c) Section 1808.21 does not apply to a 
    (3)     A  person who, under penalty
of perjury, requests and uses the information as permitted under
subdivision (h) of Section 1798.24 of the Civil Code, if the request
specifies that no persons will be contacted by mail or otherwise at
the address included with the information released. The information
released by the department under this subdivision shall not be in a
form that identifies any person. 
   (4) An electrical corporation as defined in Section 218 of the
Public Utilities Code or a local publicly owned electric utility as
defined in Section 224.3 of the Public Utilities Code, if the
utility, or its agent, under penalty of perjury, requests and uses
the information only for the purposes of tracking electric vehicle
charging points.  
   (d) 
    (b)  Residential addresses released shall not be used
for direct marketing or solicitation for the purchase of any consumer
product or service.
  SEC. 2.  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.