Amended in Senate March 28, 2016

Senate Bill No. 1131

Introduced by Senator Galgiani

February 18, 2016

An act to amend begin delete Section 25915 of the Health and Safety Code, relating to asbestos. end delete begin insert Section 1808.4 of the Vehicle Code, relating to the Department of Motor Vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1131, as amended, Galgiani. begin delete Asbestos notification. end delete begin insert Department of Motor Vehicles: records: confidentiality. end insert

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Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities.

end insert begin insert

This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of investigators employed by the Department of Insurance, code enforcement officers, as defined, and parking control officers, as specified.

end insert begin delete

Existing law requires the owner of any building constructed prior to 1979 who knows that the building contains asbestos-containing construction materials to provide notice to all employees of that owner working within the building concerning specified information, including general procedures and handling restrictions necessary to prevent, and, if appropriate, to minimize disturbance, release, and exposure to the asbestos. If detailed handling instructions are necessary to ensure employee safety, existing law requires the notice to indicate where those instructions can be found. Existing law provides that these notice requirements do not apply to an owner who elects to prepare an asbestos management plan, in which case, other notice requirements apply.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1808.4 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

1808.4.  

(a) For all of the following persons, his or her home
address that appears in a record of the department is confidential
if the person requests the confidentiality of that information:

(1) Attorney General.

(2) State Public Defender.

(3) A Member of the Legislature.

(4) A judge or court commissioner.

(5) A district attorney.

(6) A public defender.

(7) An attorney employed by the Department of Justice, the
office of the State Public Defender, or a county office of the district
attorney or public defender.

(8) A city attorney and an attorney who submits verification
from his or her public employer that the attorney represents the
city in matters that routinely place the attorney in personal contact
with persons under investigation for, charged with, or convicted
of, committing criminal acts, if that attorney is employed by a city
attorney.

(9) A nonsworn police dispatcher.

(10) A child abuse investigator or social worker, working in
child protective services within a social services department.

(11) An active or retired peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.

(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.

(13) A nonsworn employee of a city police department, a county
sheriff’s office, the Department of the California Highway Patrol,
a federal, state, or local detention facility, or a local juvenile hall,
camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.

(14) A county counsel assigned to child abuse cases.

(15) An investigator employed by the Department of Justice,
begin insert the Department of Insurance, end insert a county district attorney, or a county
public defender.

(16) A member of a city council.

(17) A member of a board of supervisors.

(18) A federal prosecutor, criminal investigator, or National
Park Service Ranger working in this state.

(19) An active or retired city enforcement officer engaged in
the enforcement of the Vehicle Code or municipal parking
ordinances.

(20) An employee of a trial court.

(21) A psychiatric social worker employed by a county.

(22) A police or sheriff department employee designated by the
begin delete Chief of Police end delete begin insert chief of police end insert of the department or the sheriff of
the county as being in a sensitive position. A designation pursuant
to this paragraph shall, for purposes of this section, remain in effect
for three years subject to additional designations that, for purposes
of this section, shall remain in effect for additional three-year
periods.

(23) A state employee in one of the following classifications:

(A) Licensing Registration Examiner, Department of Motor
Vehicles.

(B) Motor Carrier Specialist begin delete 1, end delete begin insert I, end insert Department of the California
Highway Patrol.

(C) Museum Security Officer and Supervising Museum Security
Officer.

(D)  Licensing Program Analyst, Department of Social Services.

begin insert

(24) A code enforcement officer, as defined in Section 829.5 of
the Penal Code.

end insert begin insert

(25) A parking control officer employed by a city, county, or
city and county, university, college, public hospital, public airport,
special district, or other public agency to monitor and enforce
state laws and ordinances relating to parking.

end insert begin delete

(24)

end delete

begin insert (26) end insert  (A) The spouse or child of a person listed in paragraphs
(1) to begin delete (23), end delete begin insert (25), end insert inclusive, regardless of the spouse’s or child’s
place of residence.

(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, if the peace officer died in the line of duty.

(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.

(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request
for confidentiality, whether the spouse or child has been convicted
of a crime and is on active parole or probation.

(iii) Neither the listed person’s employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime
and is on active parole or probation.

(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:

(1) A court.

(2) A law enforcement agency.

(3) The State Board of Equalization.

(4) An attorney in a civil or criminal action that demonstrates
to a court the need for the home address, if the disclosure is made
pursuant to a subpoena.

(5) A governmental agency to which, under any provision of
law, information is required to be furnished from records
maintained by the department.

(c) (1) A record of the department containing a confidential
home address shall be open to public inspection, as provided in
Section 1808, if the address is completely obliterated or otherwise
removed from the record.

(2) Following termination of office or employment, a
confidential home address shall be withheld from public inspection
for three years, unless the termination is the result of conviction
of a criminal offense. If the termination or separation is the result
of the filing of a criminal complaint, a confidential home address
shall be withheld from public inspection during the time in which
the terminated individual may file an appeal from termination,
while an appeal from termination is ongoing, and until the appeal
process is exhausted, after which confidentiality shall be at the
discretion of the employing agency if the termination or separation
is upheld. Upon reinstatement to an office or employment, the
protections of this section are available.

(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse
or child listed in subparagraph (B) of paragraph begin delete (24) end delete begin insert (26) end insert of
subdivision (a) shall be withheld from public inspection for three
years following the death of the peace officer.

(4) The department shall inform a person who requests a
confidential home address what agency the individual whose
address was requested is employed by or the court at which the
judge or court commissioner presides.

(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the
city police department or county sheriff’s office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
begin delete (24) end delete begin insert (26) end insert of subdivision (a), that results in bodily injury to the
peace officer, employee of the city police department or county
sheriff’s office, or the spouses or children of these persons is a
felony.

begin delete

SECTION 1.  

Section 25915 of the Health and Safety Code is
amended to read:

25915.  

(a)  (1) Notwithstanding any other law, the owner of
any building constructed prior to 1979, who knows that the building
contains asbestos-containing construction materials, shall provide
notice to all employees of that owner working within the building
concerning all of the following:

(A) The existence of, conclusions from, and a description or
list of the contents of, any survey known to the owner conducted
to determine the existence and location of asbestos-containing
construction materials within the building, and information
describing when and where the results of the survey are available
pursuant to Section 25917.

(B) Specific locations within the building known to the owner,
or identified in a survey known to the owner, where
asbestos-containing construction materials are present in any
quantity.

(C) General procedures and handling restrictions necessary to
prevent, and, if appropriate, to minimize disturbance, release, and
exposure to the asbestos. If detailed handling instructions are
necessary to ensure employee safety, the notice required by this
section shall indicate where those instructions can be found.

(D) A summary of the results of any bulk sample analysis or
air monitoring, or monitoring conducted pursuant to Section 5208
of Title 8 of the California Code of Regulations, conducted for or
by the owner or within the owner’s control, including reference
to sampling and laboratory procedures utilized, and information
describing when and where the specific monitoring data and
sampling procedures are available pursuant to Section 25917.

(E) Potential health risks or impacts that may result from
exposure to the asbestos in the building as identified in surveys or
tests referred to in this section, or otherwise known to the owner.

(2) The notice may contain a description and explanation of the
health action levels or exposure standards established by the state
or federal government. However, if the notice contains this
description, the notice shall include, at least, a description and
explanation of the no significant risk level established pursuant to
Chapter 6.6 (commencing with Section 25249.5) of Division 20,
and specified in Section 25711 of Title 27 of the California Code
of Regulations, the school abatement clearance level specified in
Section 49410.7 of the Education Code, and the action levels
established by state and federal Occupational Safety and Health
Act regulations.

(3) The notice requirements specified in this subdivision shall
not apply to an owner who elects to prepare an asbestos
management plan pursuant to Section 25915.1. In those cases, the
notice requirements specified in Section 25915.1 shall apply.

(b)  If the owner has no special knowledge of the information
required pursuant to subparagraphs (C) and (E) of paragraph (1)
of subdivision (a), the owner shall specifically inform his or her
employees in the notice required by this section, that he or she
lacks knowledge regarding handling instructions necessary to
prevent and minimize release of, and exposure to, asbestos and
the potential health impacts resulting from exposure to asbestos
in the building, and shall encourage employees to contact local or
state public health agencies.

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