BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2687|
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THIRD READING
Bill No: AB 2687
Author: Bocanegra (D)
Amended: 3/27/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-0, 5/8/14 - See last page for vote
SUBJECT : Vehicles: confidential home address
SOURCE : Author
DIGEST : This bill adds Licensing Program Analysts (LPAs) from
the Department of Social Services (DSS) to those who may request
an additional level of confidentiality from the Department of
Motor Vehicles (DMV).
ANALYSIS :
Existing law:
1.States that the residential addresses of certain public
employees and their families are confidential.
2.States that all residence addresses in any record of the DMV
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are confidential and shall not be disclosed to any person,
except a court, law enforcement agency, or other governmental
agency, or as specified.
3.States that any person may seek suppression of any DMV
registration or driver's license record if he/she can show
that he/she is the subject of stalking or a threat of death or
great bodily injury. The suppression will be for a period of
one year renewable for two more one year periods.
4.Provides that the home address of specified persons which
appear in the records of DMV is confidential upon the request
of the person and that it not be disclosed except as
specified.
5.Provides that the willful, unauthorized disclosure of this
information as it relates to specified law enforcement (peace
officers, employees of city police departments, and county
sheriffs' offices and their families) that results in the
bodily injury to the individual or individuals whose specified
information was confidential, is a felony.
6.Provides that the release of such confidential information,
for all other persons specified, is a misdemeanor and
punishable by a fine of up to $5,000 and/or by up to one year
in a county jail.
This bill adds LPA from DSS to those who can request an
additional layer of confidentiality from DMV.
Comments
According to the author:
Though the Legislature made all DMV records confidential in
1989, the general public was not provided with the same level
of confidentiality as those listed in the CRP [Confidential
Records Program]. The general public was provided standard
confidentiality while the individuals listed in the DMV's CRP
were granted enhanced confidentiality.
Under enhanced confidentiality (i.e. DMV CRP), only a court, a
law enforcement agency, the BOE, or a government agency
legally required to be furnished home address information can
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access those records. Under standard confidentiality, which
everyone now has, the same four governmental entities can
access home address information. However, this information
can also be accessed by financial institutions, insurance
companies, attorneys, vehicle manufacturers, and persons doing
statistical research.
Despite granting standard confidentiality to all members of
the public post-1989, the Legislature, on numerous occasions,
continued to add various classes of employees to the statutory
list of public employees granted enhanced confidentiality.
For instance, social workers were added to the statutory list
in 1992.
Today, LPAs, who are by and large women, are "at-risk." They
spend much of their time visiting the community care
facilities that they are tasked with evaluating. They
frequently must use their personal vehicles to fulfill the
duties of their job and, therefore, risk someone taking down
their personal license plate numbers, which could then be used
to track them down for nefarious purposes. They have been
harassed, stalked, and threatened for simply doing their job -
citing or closing down community care facilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/30/14)
AFSCME, Local 2620
ASSEMBLY FLOOR : 72-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Fong, Fox, Frazier, Beth Gaines,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Grove, Hagman,
Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Medina,
Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
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NO VOTE RECORDED: Buchanan, Donnelly, Eggman, Gorell, Mansoor,
V. Manuel Pérez, Ting, Vacancy
JG:k 7/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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