BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2263


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2263 (Baker) - As Amended April 11, 2016


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          |Policy       |Judiciary                      |Vote:|10 - 0       |
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          |             |Privacy and Consumer           |     |11 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill standardizes the confidentiality protections for Safe  
          at Home (SAH) program participants and requires the Secretary of  
          State (SOS) to provide SAH enrollees with information about how  








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          to protect their privacy on real property records.   
          Specifically, this bill:


          1)Specifies that no person, business, or association shall  
            publicly post or display on the Internet the address of a  
            patient, employee, or volunteer of reproductive health center  
            who are SAH program participants, who has made a written  
            demand of that person, business, or association to not  
            disclose the home address of the program participant. A  
            similar requirement is already in effect for other  
            participants in the SAH program.


          2)Specifies that no person, business, or association shall  
            knowingly post the home address of a patient, employee, or  
            volunteer of reproductive health center who are SAH program  
            participants, 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  
            or threatening to cause imminent great bodily harm to the  
            program participant or his or her residing spouse or child. A  
            similar requirement is already in effect for other  
            participants in the SAH program.


          3)Requires the SOS to post on its website and provide SAH  
            enrollees information about how to protect personal privacy on  
            real property records, as specified.


          FISCAL EFFECT:


          Minor and absorbable costs for the SOS to provide the required  
          notifications. There are currently about 3,100 SAH participants.


          COMMENTS:








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          1)Purpose. This bill is intended to help protect the privacy and  
            personal safety of SAH program participants by bringing  
            uniformity to the confidentiality protections for certain SAH  
            participants, and by requiring the SOS to educate participants  
            about how they can protect their privacy on deeds and other  
            real property records.


            According to the author, this bill was prompted by the  
            experience of a constituent who, despite being an SAH  
            participant and a victim of domestic violence, discovered that  
            her home address was nonetheless posted online and discovered  
            by her abuser.  The constituent apparently learned from her  
            county assessor's office that the address may have been sold  
            to data brokers who purchase public records in bulk and then  
            post addresses and other personal information on the Internet.


          2)Background. The California Public Records Act (CPRA) requires  
            state and local agencies to make public records available for  
            inspection and copying by members of the public, unless the  
            records are expressly exempted from disclosure by express  
            provisions of the CPRA or some other statute.  One such  
            exemption includes participants in the SAH program, which is  
            intended to keep the home addresses of program participants  
            confidential. Though restricted to victims of domestic  
            violence when first established in 1998, the SAH program has  
            since expanded to include victims of stalking and sexual  
            assault; patients, employees, and volunteers of reproductive  
            health centers; and victims of elder and dependent adult  
            abuse.


            The SAH program works by allowing program participants to use  
            a substitute, publicly disclosable address, in lieu of the  
            actual home address, whenever an address is required by a  
            public agency for an official purpose.  SAH program  








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            participants receive a designated address from the SOS -  
            typically a post office box - and the participant may then  
            demand that a state or local agency use this substitute  
            address as the participant's official address.  Any  
            correspondence from the agency to the participant is sent to  
            the designated address, and the SOS forwards it to the  
            participant's actual and confidential address.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081