BILL NUMBER: SB 1082	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Corbett

                        FEBRUARY 14, 2012

   An act to amend Sections 6205.5, 6206, 6206.5, 6206.7, 6207,
6215.1, 6215.2, 6215.3, 6215.4, and 6215.5 of the Government Code,
relating to the protection of victims.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1082, as amended, Corbett. Protection of victims: address
confidentiality.
   Existing law authorizes victims of domestic violence or stalking
and reproductive health care providers, employees, volunteers, and
patients, as defined, to complete an application to be approved by
the Secretary of State for the purposes of enabling state and local
agencies to respond to requests for public records without disclosing
a program participant's residence address contained in any public
record and otherwise provide for confidentiality of identity for that
person, subject to specified conditions. Existing law requires
applicants to be certified for 4 years following the date of filing
unless the certification is withdrawn or invalidated before that
date. Existing law requires the Secretary of State to establish a
renewal procedure. Existing law authorizes the Secretary of State to
cancel a program participant's certification and authorizes a program
participant to withdraw from program participation, as specified.
   This bill would require victims of domestic violence or stalking
and reproductive health care providers, employees, and volunteers, as
defined, to be domiciled in California, as specified, in order to
apply for the program. This bill would authorize a minor program
participant, who reaches 18 years of age during his or her
enrollment, to renew as an adult, as specified. This bill would
authorize the Secretary of State to refuse to renew a program
participant's certification if the adult program participant or the
parent or guardian acting on behalf of a minor or incapacitated
person has abandoned his or her domicile in this state. This bill
would modify the Secretary of State's authority to terminate a
program participant's certification, as specified. This bill would
authorize the office of the Secretary of State to refuse to handle or
forward packages for program participants, as specified. 
   This bill would incorporate additional changes to Section 6206 of
the Government Code, as proposed by AB 2483, to be operative only if
AB 2483 and this bill are both chaptered and become effective on or
before January 1, 2013, and this bill is chaptered last. 
   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 6205.5 of the Government Code is amended to
read:
   6205.5.  Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
   (a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
   (b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
   (c) "Domicile" means a place of habitation as defined in Section
349 of the Elections Code.
   (d) "Program participant" means a person certified as a program
participant under Section 6206.
   (e) "Sexual assault" means an act or attempt made punishable by
Section 220, 261, 261.5, 262, 264.1, 266c, 269, 285, 286, 288, 288.5,
288a, 289, or 647.6 of the Penal Code.
   (f) "Stalking" means an act as defined in Section 646.9 of the
Penal Code.
  SEC. 2.  Section 6206 of the Government Code is amended to read:
   6206.  (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated
person, who is domiciled in California, may apply to the Secretary of
State to have an address designated by the Secretary of State serve
as the person's address or the address of the minor or incapacitated
person. An application shall be completed in person at a
community-based victims' assistance program. The application process
shall include a requirement that the applicant shall meet with a
victims' assistance counselor and receive orientation information
about the program. The Secretary of State shall approve an
application if it is filed in the manner and on the form prescribed
by the Secretary of State and if it contains all of the following:
   (1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
   (A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence, sexual assault, or stalking.
   (B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
   (2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or
sexual assault, the application may be accompanied by evidence
including, but not limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Documentation from a domestic violence or sexual assault
program if the person is alleged to be a victim of domestic violence
or sexual assault.
   (C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence or sexual assault.
   (D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence or sexual assault.
   (3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application shall be accompanied by evidence including, but not
limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
   (C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
   (4) The name and last known address of the applicant's minor child
or children, the name and last known address of the other parent or
parents of the minor child or children of the applicant, and all
court orders related to the minor child or children of the applicant,
and legal counsel of record in those cases.
   (5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
   (A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
   (B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
   (C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
   (D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
   (6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
   (7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, or stalking.
   (8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
   (b) Applications shall be filed with the office of the Secretary
of State.
   (c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure. A minor program participant, who reaches 18 years of age
during his or her enrollment, may renew as an adult following the
renewal procedures established by the Secretary of State.
   (d) Upon certification, the Secretary of State shall, within 10
days, notify the other parent or parents identified pursuant to
paragraph (4) of subdivision (a) of the designation of the Secretary
of State as agent for purposes of service of process and, unless
there is a court order prohibiting contact, the address designated by
the Secretary of State for the program participant. The notice shall
be given by mail, return receipt requested, postage prepaid, to the
last known address of the other parent to be notified. A copy shall
also be sent to that parent's counsel of record, if provided to the
Secretary of State by the applicant.
   (e) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
   SEC. 2.1.    Section 6206 of the  
Government Code   is amended to read: 
   6206.  (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person
 , who is domiciled in California,  may apply to the
Secretary of State to have an address designated by the Secretary of
State serve as the person's address or the address of the minor or
incapacitated person. An application shall be completed in person at
a community-based victims' assistance program. The application
process shall include a requirement that the applicant shall meet
with a victims' assistance counselor and receive orientation
information about the program. The Secretary of State shall approve
an application if it is filed in the manner and on the form
prescribed by the Secretary of State and if it contains all of the
following:
   (1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
   (A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence, sexual assault, or stalking.
   (B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
   (2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or
sexual assault, the application may be accompanied by evidence
including, but not limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Documentation from a domestic violence or sexual assault
program if the person is alleged to be a victim of domestic violence
or sexual assault.
   (C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence or sexual assault.
   (D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence or sexual assault.
   (3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application  shall   may  be accompanied by
evidence including, but not limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
   (C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
   (4)  A statement of whether there are any existing court
orders involving the applicant for child support, child custody, or
child visitation, and whether there are any active court actions
involving the applicant for child support, child custody, or child
visitation, the   The   name and  last
known  address of  legal counsel of record, and
  the applicant's minor child or children,  the
 name and  last known address of the other parent or parents
 involved in those court orders or court actions 
 of the minor child or children of the applicant, and all court
orders related to the minor child or children of the applicant, and l
  egal counsel of record in those cases  .
   (5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
   (A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the  Office 
 office  of the Secretary of State two copies of the
summons, writ, notice, demand, or process.
   (B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
   (C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
   (D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
   (6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
   (7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, or stalking.
   (8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
   (b) Applications shall be filed with the office of the Secretary
of State.
   (c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure.  A minor program participant, who reaches 18 years of
age during his or her enrollment, may renew as an adult following the
renewal procedures established by the Secretary of State. 
   (d) Upon certification,  in any case where there are court
orders or court actions identified in paragraph (4) of subdivision
(a) and there is no other or superseding court order dictating the
specific terms of communication between the parties,  the
Secretary of State shall, within 10 days, notify the other parent or
parents  of the address designated by the Secretary of State
for the program participant and the   identified
pursuant to paragraph (4) of subdivision (a) of the  designation
of the Secretary of State as agent for purposes of service of
process  and, unless there is a court order prohibiting contact,
the address designated by the Secretary of State for the program
participant  . The notice shall be given by mail, return receipt
requested, postage prepaid, to the last known address of the other
parent to be notified. A copy shall also be sent to that parent's
counsel of record  ,   if provided to the Secretary of
State by the applicant  .
   (e) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
  SEC. 3.  Section 6206.5 of the Government Code is amended to read:
   6206.5.  Upon termination of a program participant's
certification, the Secretary of State shall retain records as
follows:
   (a) Except as provided in subdivision (g) of Section 6206.7 or
Section 6208, any records or documents pertaining to a program
participant shall be held confidential for a period of three years
after withdrawal or termination of certification.
   (b) All records or documents pertaining to a program participant
shall be retained for a period of three years after termination of
certification and then destroyed, except for change of name records,
which shall be retained permanently and only be accessible pursuant
to Section 6208 and Section 1798.34 of the Civil Code.
  SEC. 4.  Section 6206.7 of the Government Code is amended to read:
   6206.7.  (a) A program participant may withdraw from program
participation by submitting to the Secretary of State written
notification of withdrawal and his or her current identification
card. Certification shall be terminated on the date of receipt of
this notification.
   (b) The Secretary of State may terminate a program participant's
certification and invalidate his or her authorization card for any of
the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The Secretary of State has determined that false information
was used in the application process to qualify as a program
participant or that participation in the program is being used as a
subterfuge to avoid detection of illegal or criminal activity or
apprehension by law enforcement.
   (3) The program participant no longer resides at the most recent
residential address provided to the Secretary of State, and has not
provided at least seven days' prior notice in writing of a change in
address.
   (4) A service of process document or mail forwarded to the program
participant by the Secretary of State is returned as nondeliverable.

   (5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
   (6) The program participant, who reaches 18 years of age during
his or her certification term, has not renewed his or her
certification within 60 days of him or her reaching 18 years of age.
   (c) The Secretary of State may refuse to renew a program
participant's certification if the adult program participant or the
parent or guardian acting on behalf of a minor or incapacitated
person has abandoned his or her domicile in this state.
   (d) If intended termination is based on any of the reasons under
subdivision (b) or (c), the Secretary of State shall send written
notification of the intended termination to the program participant.
The program participant shall have 30 days in which to appeal the
intended termination under procedures developed by the Secretary of
State.
   (e) The Secretary of State shall notify in writing the county
elections official and authorized personnel of the appropriate county
clerk's office, county recording office, and department of health of
the program participant's certification withdrawal, invalidation,
expiration, or termination.
   (f) Upon receipt of this termination notification, authorized
personnel shall transmit to the Secretary of State all appropriate
administrative records pertaining to the program participant and the
record transmitting agency is no longer responsible for maintaining
the confidentiality of a terminated program participant's record.
   (g) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the Secretary of State
may disclose information contained in the participant's application.
  SEC. 5.  Section 6207 of the Government Code is amended to read:
   6207.  (a) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When creating a public record, state and local
agencies shall accept the address designated by the Secretary of
State as a program participant's substitute address, unless the
Secretary of State has determined both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (b) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When modifying or maintaining a public record,
excluding the record of any birth, fetal death, death, or marriage
registered under Division 102 (commencing with Section 102100) of the
Health and Safety Code, state and local agencies shall accept the
address designated by the Secretary of State as a program participant'
s substitute address, unless the Secretary of State has determined
both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (c) A program participant may use the address designated by the
Secretary of State as his or her work address.
   (d) The office of the Secretary of State shall forward all
first-class mail and all mail sent by a governmental agency to the
appropriate program participants. The office of the Secretary of
State may, in its discretion, refuse to handle or forward packages
regardless of size or type of mailing.
   (e) Notwithstanding subdivisions (a) and (b), program participants
shall comply with the provisions specified in subdivision (d) of
Section 1808.21 of the Vehicle Code if requesting suppression of the
records maintained by the Department of Motor Vehicles. Program
participants shall also comply with all other provisions of the
Vehicle Code relating to providing current address information to the
department.
  SEC. 6.  Section 6215.1 of the Government Code is amended to read:
   6215.1.  Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
   (a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
   (b) "Domicile" means a place of habitation as defined in Section
349 of the Elections Code.
   (c) "Reproductive health care services" means health care services
relating to the termination of a pregnancy in a reproductive health
care services facility.
   (d) "Reproductive health care services provider, employee,
volunteer, or patient" means a person who obtains, provides, or
assists, at the request of another person, in obtaining or providing
reproductive health care services, or a person who owns or operates a
reproductive health care services facility.
   (e) "Reproductive health care services facility" includes a
hospital, an office operated by a licensed physician and surgeon, a
licensed clinic, or other licensed health care facility that provides
reproductive health care services and includes only the building or
structure in which the reproductive health care services are actually
provided.
  SEC. 7.  Section 6215.2 of the Government Code is amended to read:
   6215.2.  (a) An adult person, a parent or guardian acting on
behalf of a minor, or a guardian acting on behalf of an incapacitated
person, who is domiciled in California, may apply to the Secretary
of State to have an address designated by the Secretary of State to
serve as the person's address or the address of the minor or
incapacitated person. An application shall be completed in person at
a community-based assistance program designated by the Secretary of
State. The application process shall include a requirement that the
applicant shall meet with a counselor and receive orientation
information about the program. The Secretary of State shall approve
an application if it is filed in the manner and on the form
prescribed by the Secretary of State and if it contains all of the
following:
   (1) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a reproductive health care service
provider, employee, or volunteer who is fearful for his or her
safety or the safety of his or her family because of his or her
affiliation with a reproductive health care services facility, the
application shall be accompanied by all of the following:
   (A) Documentation showing that the individual is to commence
employment or is currently employed as a provider or employee at a
reproductive health care services facility or is volunteering at a
reproductive health care services facility.
   (B) A certified statement signed by a person authorized by the
reproductive health care services facility stating that the facility
or any of its providers, employees, volunteers, or patients is or was
the target of threats or acts of violence within one year of the
date of the application. A person who willfully certifies as true any
material matter pursuant to this section which he or she knows to be
false is guilty of a misdemeanor.
   (C) A sworn statement that the applicant fears for his or her
safety or the safety of his or her family, or the safety of the minor
or incapacitated person on whose behalf the application is made due
to his or her affiliation with the reproductive health care services
facility providing the declaration described in subparagraph (B).
   (2) If the applicant alleges that the basis for the application is
that the applicant is a reproductive health care services facility
volunteer, the application shall, in addition to the documents
specified in paragraph (1), be accompanied by reproductive health
care services facility documentation showing the length of time the
volunteer has committed to working at the facility.
   (3) If the applicant alleges that the basis of the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a person who is or has been the
target of threats or acts of violence because he or she is obtaining
or seeking to obtain services at a reproductive health care services
facility within one year of the date of
              the application, the application shall be accompanied
by the following:
   (A) A sworn statement that the applicant has good reason to fear
for his or her safety or the safety of his or her family.
   (B) Any police, court, or other government agency records or files
that show any complaints of the alleged threats or acts of violence.

   (4) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
   (A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
   (B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
   (C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
   (D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
   (5) The mailing address where the applicant can be contacted by
the Secretary of State, and the telephone number or numbers where the
applicant can be called by the Secretary of State.
   (6) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
acts of violence toward the applicant.
   (7) The signature of the applicant and of any individual or
representative of any office designated in writing who assisted in
the preparation of the application, and the date on which the
applicant signed the application.
   (b) Applications shall be filed with the office of the Secretary
of State.
   (c) Applications submitted by a reproductive health care services
facility, its providers, employees, or volunteers shall be
accompanied by payment of a fee to be determined by the Secretary of
State. This fee shall not exceed the actual costs of enrolling in the
program. In addition, annual fees may also be assessed by the
Secretary of State to defray the actual costs of maintaining this
program. Annual fees assessed by the Secretary of State shall also be
used to reimburse the General Fund for any amounts expended from
that fund for the purposes of this chapter. No applicant who is a
patient of a reproductive health care services facility shall be
required to pay an application fee or the annual fee under this
program.
   (d) The Address Confidentiality for Reproductive Health Care
Services Fund is hereby created in the General Fund. Upon
appropriation by the Legislature, moneys in the fund are available
for the administration of the program established pursuant to this
chapter.
   (e) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants, with the exception of reproductive health care services
facilities volunteers, shall be certified for four years following
the date of filing unless the certification is withdrawn, or
invalidated before that date. Reproductive health care services
facility volunteers shall be certified until six months from the last
date of volunteering with the facility. The Secretary of State shall
by rule establish a renewal procedure. A minor program participant,
who reaches 18 years of age, may renew as an adult following the
renewal procedures established by the Secretary of State.
   (f) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's family or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
  SEC. 8.  Section 6215.3 of the Government Code is amended to read:
   6215.3.  (a) The Secretary of State shall cancel certification of
a program participant who fails to disclose a change in employment
status, or termination as a provider or volunteer.
   (b) Upon termination of a program participant's certification, the
Secretary of State shall retain records as follows:
   (1) Except as provided in subdivision (g) of Section 6215.4 or
Section 6215.7, any records or documents pertaining to a program
participant shall be held confidential.
   (2) All records or documents pertaining to a program participant
shall be retained for a period of three years after termination of
certification and then destroyed without further notice.
  SEC. 9.  Section 6215.4 of the Government Code is amended to read:
   6215.4.  (a) A program participant may withdraw from program
participation by submitting to the Secretary of State written
notification of withdrawal and his or her current identification
card. Certification shall be terminated on the date of receipt of
this notification.
   (b) The Secretary of State may terminate a program participant's
certification and invalidate his or her authorization card for any of
the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The Secretary of State has determined that false information
was used in the application process to qualify as a program
participant or that participation in the program is being used as a
subterfuge to avoid detection of illegal or criminal activity or
apprehension by law enforcement.
   (3) The program participant no longer resides at the residential
address provided to the Secretary of State, and has not provided at
least seven days' prior notice in writing of a change in address.
   (4) A service of process document or mail forwarded to the program
participant by the Secretary of State is returned as nondeliverable.

   (5) The program participant who is a provider, employee, or
volunteer fails to disclose a change in employment, or termination as
volunteer or provider.
   (6) The program participant, who reaches 18 years of age during
his or her certification term, has not renewed his or her
certification within 60 days of him or her reaching 18 years of age.
   (c) The Secretary of State may refuse to renew a program
participant's certification if the adult program participant or the
parent or guardian acting on behalf of a minor or incapacitated
person has abandoned his or her domicile in this state.
   (d) If termination is based on any of the reasons under
subdivision (b) or (c), the Secretary of State shall send written
notification of the intended termination to the program participant.
The program participant shall have 30 business days in which to
appeal the termination under procedures developed by the Secretary of
State.
   (e) The Secretary of State shall notify in writing the county
elections official and authorized personnel of the appropriate county
clerk's office, and county recording office of the program
participant's certification withdrawal, invalidation, expiration, or
termination.
   (f) Upon receipt of this termination notification, authorized
personnel shall transmit to the Secretary of State all appropriate
administrative records pertaining to the program participant and the
record transmitting agency is no longer responsible for maintaining
the confidentiality of a terminated program participant's record.
   (g) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the Secretary of State
may disclose information contained in the participant's application.
  SEC. 10.  Section 6215.5 of the Government Code is amended to read:

   6215.5.  (a) A program participant may request that state and
local agencies use the address designated by the Secretary of State
as his or her address. When creating a public record, state and local
agencies shall accept the address designated by the Secretary of
State as a program participant's substitute address, unless the
Secretary of State has determined both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address that would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (b) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When modifying or maintaining a public record,
excluding the record of any birth, fetal death, death, or marriage
registered under Division 102 (commencing with Section 102100) of the
Health and Safety Code, state and local agencies shall accept the
address designated by the Secretary of State as a program participant'
s substitute address, unless the Secretary of State has determined
both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address that would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (c) A program participant may use the address designated by the
Secretary of State as his or her work address.
   (d) The office of the Secretary of State shall forward all
first-class mail and all mail sent by a governmental agency to the
appropriate program participants. The office of the Secretary of
State may, in its discretion, refuse to handle or forward packages
regardless of size or type of mailing.
   (e) Notwithstanding subdivision (a), program participants shall
comply with the provisions specified in subdivision (d) of Section
1808.21 of the Vehicle Code if requesting suppression of the records
maintained by the Department of Motor Vehicles. Program participants
shall also comply with all other provisions of the Vehicle Code
relating to providing current address information to the department.
   SEC. 11.    Section 2.1 of this bill incorporates
amendments to Section 6206 of the Government Code proposed by both
this bill and Assembly Bill 2483. It shall become operative only if
(1) both bills are enacted and become effective on or before January
1, 2013, (2) each bill amends Section 6206 of the Government Code,
and (3) this bill is enacted after Assembly Bill 2483, in which case
Section 2 of this bill shall not become operative.