California Legislature—2015–16 Regular Session

Assembly BillNo. 2263


Introduced by Assembly Member Baker

(Coauthors: Assembly Members Brough, Gipson, Lackey, and Wilk)

(Coauthors: Senators Bates and Nielsen)

February 18, 2016


An act to amend Section 6207 of the Government Code, relating to the protection of victims.

LEGISLATIVE COUNSEL’S DIGEST

AB 2263, as introduced, Baker. Protection of victims: address confidentiality.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act prohibits a state or local agency from posting the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking 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 provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participant’s substitute address except as specified.

This bill would, in addition, specifically require a county assessor to keep confidential, and prohibit a county assessor from publicly posting, publicly displaying on the Internet, or otherwise making available to the general public, the home address of any program participant without first obtaining the written permission of that individual, consistent with existing provisions of law applicable to the confidentiality of the home address and telephone number of an elected or appointed official. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.

Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6207 of the Government Code is amended
2to read:

3

6207.  

(a) A program participant may request that state and
4local agencies use the address designated by the Secretary of State
5as his or her address. When creating a public record, state and local
P3    1agencies shall accept the address designated by the Secretary of
2State as a program participant’s substitute address, unless the
3Secretary of State has determined both of the following:

4(1) The agency has a bona fide statutory or administrative
5requirement for the use of the addressbegin delete whichend deletebegin insert thatend insert would otherwise
6be confidential under this chapter.

7(2) This address will be used only for those statutory and
8administrative purposes and shall not be publicly disseminated.

9(b) A program participant may request that state and local
10agencies use the address designated by the Secretary of State as
11his or her address. When modifying or maintaining a public record,
12excluding the record of any birth, fetal death, death, or marriage
13registered under Division 102 (commencing with Section 102100)
14of the Health and Safety Code, state and local agencies shall accept
15the address designated by the Secretary of State as a program
16participant’s substitute address, unless the Secretary of State has
17determined both of the following:

18(1) The agency has a bona fide statutory or administrative
19requirement for the use of the addressbegin delete whichend deletebegin insert thatend insert would otherwise
20be confidential under this chapter.

21(2) This address will be used only for those statutory and
22administrative purposes and shall not be publicly disseminated.

begin insert

23(c) A county assessor shall keep confidential, and shall not
24publicly post, publicly display on the Internet, or otherwise make
25available to the general public, the home address of any program
26participant without first obtaining the written permission of that
27individual, consistent with subdivision (a) of Section 6254.21.

end insert
begin delete

28(c)

end delete

29begin insert(d)end insert A program participant may use the address designated by
30the Secretary of State as his or her work address.

begin delete

31(d)

end delete

32begin insert(e)end insert The office of the Secretary of State shall forward all
33first-class mail and all mail sent by a governmental agency to the
34appropriate program participants. The office of the Secretary of
35State may, in its discretion, refuse to handle or forward packages
36regardless of size or type of mailing.

begin delete

37(e)

end delete

38begin insert(f)end insert Notwithstanding subdivisions (a) and (b), program
39participants shall comply with the provisions specified in
40subdivision (d) of Section 1808.21 of the Vehicle Code if
P4    1requesting suppression of the records maintained by the Department
2of Motor Vehicles. Program participants shall also comply with
3all other provisions of the Vehicle Code relating to providing
4current address information to the department.

5

SEC. 2.  

The Legislature finds and declares that Section 1 of
6this act limits the public’s right of access to public documents
7within the meaning of paragraph (2) of subdivision (b) of Section
83 of Article I of the California Constitution. Pursuant to that
9constitutional provision, the Legislature makes the following
10findings to demonstrate the interest and the need for protecting
11that interest:

12(a) The interest protected by this limitation is the privacy and
13security of victims of domestic violence, sexual assault, or stalking.

14(b) The need for protecting that interest is that home address
15and telephone numbers of victims of domestic violence, sexual
16assault, or stalking, if released to the public, could result in negative
17consequences.

18

SEC. 3.  

The Legislature finds and declares that Section 1 of
19this act, which amends Section 6207 of the Government Code,
20furthers, within the meaning of paragraph (7) of subdivision (b)
21of Section 3 of Article I of the California Constitution, the purposes
22of that constitutional section as it relates to the right of public
23access to the meetings of local public bodies or the writings of
24local public officials and local agencies. Pursuant to paragraph (7)
25of subdivision (b) of Section 3 of Article I of the California
26Constitution, the Legislature makes the following findings:

27Because the act appropriately balances the right to public access
28to local records with the need for the privacy and safety of victims
29of domestic violence, sexual assault, or stalking, the act furthers
30the purpose of Section 3 of Article I of the California Constitution.

31

SEC. 4.  

If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.



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