BILL ANALYSIS �
AB 1270
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Date of Hearing: April 22, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1270 (Eggman) - As Introduced: February 22, 2013
SUBJECT : Department of Motor Vehicles: records: confidentiality
SUMMARY : Allows code enforcement officers to enroll in the
Department of Motor Vehicle's (DMV) Confidential Records Program
(CRP).
EXISTING LAW :
1)Lists 24 classes of persons, primarily those in law
enforcement fields, plus the spouses and children of those
persons and allows them to request that their home addresses
be held confidential by DMV. The home address of these
persons may only be disclosed to a court, a law enforcement
agency, the state Board of Equalization (BOE), or any
governmental agency legally required to be furnished that
information.
2)Affords confidentiality for the home addresses of all
individuals contained within DMV records. These provisions
similarly allow for disclosure to courts, law enforcement
agencies, and other governmental agencies but also allow for
limited disclosure to financial institutions, insurance
companies, attorneys, vehicle manufacturers, and persons doing
statistical research.
3)Defines a "code enforcement officer" as:
a) A person who is employed by any town, city, county,
municipal corporation, or any governmental subdivision as
specified, whose duties include enforcement of any statute,
rule, or regulation, and is authorized to issue citations;
or,
b) A person who is employed by the Department of Housing
and Community Development who has enforcement authority for
health, safety, and welfare as specified.
FISCAL EFFECT : Unknown
AB 1270
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COMMENTS : This bill has been introduced on behalf of the
California Association of Code Enforcement Officers. According
to the author, in recent years "code enforcement officers have
been murdered in the line of duty, thousands have been
assaulted, and more have been subject to credible threats." The
author further asserts that code enforcement officers are on the
front line of code compliance, and sometimes drug trafficking
and gang-related enforcement efforts in local governments and
are frequently required to deal with hostile, non-compliant
persons.
Until 1989, DMV records were considered public records, unless
state law specifically made them confidential, as was the case
for peace officers' addresses. Therefore, until 1989, home
addresses were not considered confidential, and any person who
gave a reason that DMV deemed legitimate and could present to
DMV a person's driver's license number or license plate number
could obtain address information on that individual.
In 1989, actress Rebecca Schaeffer was stalked and killed. The
murderer obtained her address from a private investigation
agency doing business in Arizona. The private investigation
agency acquired her address through a subcontractor agent in
California, who obtained it from DMV. In response, the
Legislature enacted AB 1779 (Roos), Chapter 1213, Statutes of
1989, which made home addresses in DMV records confidential,
with specified exceptions.
AB 1779 left in place, however, earlier confidentiality
provisions that applied only to peace officers and certain other
officials thought to be at risk. The home addresses of those on
the statutory list of such officials may only be disclosed to a
court, a law enforcement agency, the BOE, or any governmental
agency legally required to be furnished that information. The
home addresses of everyone else may also be disclosed, in
limited circumstances, to financial institutions, insurance
companies, attorneys, vehicle manufacturers, and persons doing
statistical research. To date, DMV is not aware of any instances
since the enactment of AB 1779 where DMV home address
information has been used for physical harm or for violent
criminal purposes.
Over the past 10 years, a number of bills proposing to expand
the statutory confidentiality list have either died or have been
AB 1270
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vetoed. In 2009, AB 923 (Swanson) would have added BOE members,
certain veterinarians, and code enforcement officers to the CRP.
AB 923 ultimately died on Suspense in Assembly Appropriations
Committee. Similarly, in 2008, AB 1958 (Swanson) would have
added firefighters, code enforcement officers, and certain
veterinarians. AB 1958 died on Suspense in the Assembly
Appropriations Committee. In 2007, AB 1311 (Berryhill) would
have extended confidentiality provisions to community service
and public service officers employed by police departments.
That bill died in the Assembly Transportation Committee after
being withdrawn by its author. In 2005, AB 1706 (Strickland)
would have added fraud investigators, park rangers, emergency
dispatchers, and DMV employees who test new drivers. That bill
also died in the Assembly Transportation Committee. In the
2003-04 Session, AB 130 (Campbell) and AB 246 (Cox) both would
have added members of Congress to the existing statutory list.
Neither author ever took up his bill in committee. In the same
session, AB 2012 (Chu) would have made court-appointed
attorneys, their investigators and social workers assigned to
child abuse cases eligible for special address confidentiality
in the department's records. These provisions were eventually
amended out of that bill.
More recently, legislative efforts have aimed to address program
and public safety abuses associated with the CRP. For example,
in 2011, AB 3 (Miller) and in 2010, AB 2097 (Miller) were
proposals that would have required CRP participants to update
their records in order improve the ability to identify toll
evaders. AB 3 died in the Assembly Appropriations Committee and
AB 2097 died in the Senate Appropriations Committee.
Additionally, SB 938, Huff, Chapter 280, Statutes of 2010, now
removes CRP confidentiality protections for certain individuals
who have been convicted of crimes.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Code Enforcement Officers (Sponsor)
Opposition
None on file
AB 1270
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Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093