BILL NUMBER: AB 2263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Baker
   (Coauthors: Assembly Members  Brough,  
Cristina Garcia,  Gipson, and Lackey)
   (Coauthor: Senator Galgiani)

                        FEBRUARY 18, 2016

   An act to  amend Sections 6207 and 6215.5 of 
 add Section 6215.10 to  the Government Code, relating to
 the protection of victims.   address
confidentiality. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2263, as amended, Baker. Protection of  victims:
  reproductive health care service providers: 
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, and reproductive health care services
providers, employees, volunteers, and patients, 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.  
   This bill would prohibit a person, business, or association from
publicly posting or displaying on the Internet the home address of a
program participant who has made a written demand to not disclose his
or her address, and would prohibit a person, business, or
association from knowingly posting the home address of a program
participant, or of the program participant's residing spouse or
child, on the Internet knowing that person is a program participant
and intending to cause imminent great bodily harm that is likely to
occur or threatening to cause imminent great bodily harm to that
individual. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 6215.10 is added to the 
 Government Code  , to read:  
   6215.10.  (a) A person, business, or association shall not
publicly post or publicly display on the Internet the home address of
a program participant who has made a written demand of that person,
business, or association to not disclose the home address of the
program participant.
   (b) A person, business, or association shall not knowingly post
the home address of a program participant, or of the program
participant's residing spouse or child, on the Internet knowing that
person is a program participant and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual.  
  SECTION 1.    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 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 county assessor shall keep confidential, and shall not
publicly post, publicly display on the Internet, or otherwise make
available to the general public, the home address of any program
participant without first obtaining the written permission of that
individual, consistent with subdivision (a) of Section 6254.21.
   (d)  A program participant may use the address designated by the
Secretary of State as his or her work address.
   (e)  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.
   (f) 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. 2.    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 county assessor shall keep confidential, and shall not
publicly post, publicly display on the Internet, or otherwise make
available to the general public, the home address of any program
participant without first obtaining the written permission of that
individual, consistent with subdivision (a) of Section 6254.21.
   (d) A program participant may use the address designated by the
Secretary of State as his or her work address.
   (e) 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.
   (f) 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. 3.    The Legislature finds and declares that
Sections 1 and 2 of this act limit the public's right of access to
public documents within the meaning of paragraph (2) of subdivision
(b) of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest and the need for
protecting that interest:
   (a) The interest protected by this limitation is the privacy and
security of victims of domestic violence, sexual assault, or
stalking, and reproductive health care services providers, employees,
volunteers, and patients.
   (b) The need for protecting that interest is that home address and
telephone numbers of victims of domestic violence, sexual assault,
or stalking, and reproductive health care services providers,
employees, volunteers, and patients, if released to the public, could
result in negative consequences.  
  SEC. 4.    The Legislature finds and declares that
Sections 1 and 2 of this act, which amend Sections 6207 and 6215.5
of the Government Code, further, within the meaning of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it
relates to the right of public access to the meetings of local public
bodies or the writings of local public officials and local agencies.
Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution, the Legislature makes the
following findings:
   Because the act appropriately balances the right to public access
to local records with the need for the privacy and safety of victims
of domestic violence, sexual assault, or stalking, and reproductive
health care services providers, employees, volunteers, and patients,
the act furthers the purpose of Section 3 of Article I of the
California Constitution.  
  SEC. 5.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.