BILL NUMBER: SB 489 CHAPTERED
BILL TEXT
CHAPTER 1005
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 29, 1998
PASSED THE SENATE AUGUST 28, 1998
PASSED THE ASSEMBLY AUGUST 27, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY AUGUST 21, 1998
AMENDED IN ASSEMBLY JULY 23, 1998
AMENDED IN ASSEMBLY JULY 2, 1998
AMENDED IN ASSEMBLY APRIL 20, 1998
AMENDED IN ASSEMBLY MARCH 12, 1998
AMENDED IN SENATE JANUARY 26, 1998
AMENDED IN SENATE MAY 20, 1997
AMENDED IN SENATE MAY 14, 1997
AMENDED IN SENATE APRIL 28, 1997
AMENDED IN SENATE APRIL 14, 1997
AMENDED IN SENATE APRIL 7, 1997
INTRODUCED BY Senators Alpert, Costa, Karnette, Leslie, McPherson,
Rainey, Solis, and Watson
(Coauthors: Assembly Members Alquist, Aroner, Baca, Brown,
Cardenas, Cardoza, Cunneen, Figueroa, Frusetta, Goldsmith, Havice,
Kuehl, Knox, Lempert, Machado, Mazzoni, Scott, Sweeney, and Wayne)
FEBRUARY 20, 1997
An act to add and repeal Section 2166.5 of the Elections Code, and
to add and repeal Chapter 3.1 (commencing with Section 6205) of
Division 7 of Title 1 of the Government Code, relating to public
records, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 489, Alpert. Public records: confidential information.
(1) Under existing law, the California Public Records Act,
requires that any public record be open to inspection at all times
during the regular office hours of a state or local agency and
provides that every person has a right to inspect any public record
or writing, with specified exceptions. Existing law relating to
public records also provides for the confidentiality of certain voter
registration information and certain information relating to the
victims of crime.
This bill would establish a program until January 1, 2005, under
which an adult person, or a guardian on behalf of a minor or an
incapacitated person, states that he or she is a victim of domestic
violence, as defined, and fears for his or her safety, and designates
the Secretary of State as the agent for service of process and
receipt of mail. When the Secretary of State certifies the person as
a program participant, his or her actual address is confidential.
The bill would hold harmless the office of the Secretary of State
from any liability in any action brought by any person injured or
harmed as a result of the handling of first-class mail on behalf of
program participants. The bill would also permit a program
participant to vote in a confidential manner, as specified, and
permit the participant to make marriage application information
confidential. The bill would specify the grounds for termination of
certification. This bill would make it a misdemeanor to make a false
statement in an application, thereby creating a state-mandated local
program.
(2) Existing law provides that the home address, telephone number,
occupation, precinct number and prior registration information on a
voter registration card is confidential. It prohibits that
information from appearing on any computer terminal list, affidavit,
duplicate affidavit, or other medium routinely available to the
public at the county elections official's office.
This bill would, in addition, permit any person filing a new
affidavit of registration or reregistration to have his or her
address and telephone number appearing on the affidavit or any list,
roster, or index prepared from the affidavit, declared confidential
upon presentation of certification that the person is a participant
in the address confidentiality of victims and domestic violence
program.
This bill would impose a state-mandated local program by requiring
that any person granted confidentiality pursuant to this bill be
considered an absent voter for subsequent elections until the county
elections official is notified otherwise by the Secretary of State or
the voter.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(4) This bill would appropriate $227,023 to the Secretary of State
for the costs of specified provisions of the bill for the 1998-99
fiscal year.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2166.5 is added to the Elections Code, to read:
2166.5. (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address and telephone
number appearing on the affidavit, or any list or roster or index
prepared therefrom, declared confidential upon presentation of
certification that the person is a participant in the Address
Confidentiality for Victims of Domestic Violence program pursuant to
Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1
of the Government Code.
(b) Any person granted confidentiality under subdivision (a)
shall:
(1) Be considered an absent voter for all subsequent elections or
until the county elections official is notified otherwise by the
Secretary of State or in writing by the voter. A voter requesting
termination of absent voter status thereby consents to placement of
his or her residence address and telephone number in the roster of
voters.
(2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
(e) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 2. Chapter 3.1 (commencing with Section 6205) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 3.1. ADDRESS CONFIDENTIALITY FOR VICTIMS OF DOMESTIC
VIOLENCE
6205. The Legislature finds that persons attempting to escape
from actual or threatened domestic violence frequently establish new
addresses in order to prevent their assailants or probable assailants
from finding them. The purpose of this chapter is to enable state
and local agencies to respond to requests for public records without
disclosing the location of a victim of domestic violence, to enable
interagency cooperation with the Secretary of State in providing
address confidentiality for victims of domestic violence, and to
enable state and local agencies to accept a program participant's use
of an address designated by the Secretary of State as a substitute
mailing address.
6205.5. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
(b) "Domestic violence" means an act as defined in Section 273.5
of the Penal Code.
(c) "Program participant" means a person certified as a program
participant under Section 6206.
6206. (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person
may apply to the Secretary of State to have an address designated by
the Secretary of State serve as the person's address or the address
of the minor or incapacitated person. An application shall be
completed in person at a community-based victims' assistance program.
The application process shall include a requirement that the
applicant shall meet with a victims' assistance counselor and receive
orientation information about the program. The Secretary of State
shall approve an application if it is filed in the manner and on the
form prescribed by the Secretary of State and if it contains all of
the following:
(1) Documentation of any of the following:
(A) A police report indicating domestic violence.
(B) A temporary or permanent restraining order.
(C) A stay of three or more nights in a domestic violence shelter
facility in the last year.
(2) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
(A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence.
(B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
(3) A statement of whether there are any existing court orders
involving the applicant for child support, child custody, or child
visitation, and whether there are any active court actions involving
the applicant for child support, child custody, or child visitation,
the name and address of legal counsel of record, and the last known
address of the other parent or parents involved in those court orders
or court actions.
(4) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the Office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
(C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
(D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
(5) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
(6) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence.
(7) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
(b) Applications shall be filed with the office of the Secretary
of State.
(c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure.
(d) Upon certification, in any case where there are court orders
or court actions identified in paragraph (2) of subdivision (a) of
Section 6206, the Secretary of State shall, within 10 days, notify
the other parent or parents of the address designated by the
Secretary of State for the program participant and the designation of
the Secretary of State as agent for purposes of service of process.
The notice shall be given by mail, return receipt requested, postage
prepaid, to the last known address of the other parent to be
notified. A copy shall also be sent to that parent's counsel of
record.
(e) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
6206.5. (a) If the program participant obtains a name change, he
or she loses certification as a program participant.
(b) The Secretary of State may cancel a program participant's
certification if there is a change in the residential address from
the one listed on the application, unless the program participant
provides the Secretary of State with at least seven days' prior
notice of the change of address.
(c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(e) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed.
6206.7. (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card. Certification shall be terminated on the date
of receipt of this notification.
(b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
(1) The program participant's certification term has expired and
certification renewal has not been completed.
(2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
(3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
(4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
(5) The program participant obtains a legal name change.
(c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant. The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
(d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
(e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
(f) Following termination of program participant certification as
a result of subdivision (b), the address confidentiality program
manager may disclose information contained in the participant's
application.
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 which 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 which 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 program participant may use the address designated by the
Secretary of State as his or her work address.
(d) 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 shall not handle or forward packages regardless of size or type
of mailing.
(e) 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.
6207.5. A program participant who is otherwise qualified to vote
may seek to register and vote in a confidential manner pursuant to
Section 2166.5 of the Elections Code.
6208. The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of
State, available for inspection or copying, except under any of the
following circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in the
order.
(c) If certification has been canceled.
6208.5. The Secretary of State shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter
services to victims of domestic violence to assist persons applying
to be program participants. Any assistance and counseling rendered
by the office of the Secretary of State or its designees to
applicants shall in no way be construed as legal advice.
6209. The Secretary of State may adopt rules to facilitate the
administration of this chapter by state and local agencies.
6209.5. If a program participant under this chapter notifies the
appropriate county clerk as required under rules adopted by the
Secretary of State, the county clerk shall not make available for
inspection or copying the name and address of a program participant
contained in marriage applications and records filed under this
chapter, except under either of the following circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in the
order.
6209.7. (a) Nothing in this chapter, nor participation in this
program, affects custody or visitation orders in effect prior to or
during program participation. A program participant who falsifies
his or her location in order to unlawfully avoid custody or
visitation orders is subject to immediate termination from the
program and is guilty of a misdemeanor.
(b) Participation in the program does not constitute evidence of
domestic violence for purposes of making custody or visitation
orders.
6210. (a) Notwithstanding Section 7550.5, the Secretary of State
shall submit to the Legislature, no later than January 10 of each
year, a report that includes the total number of applications
received for the program established by this chapter. The report
shall disclose the number of program participants within each county
and shall also describe any allegations of misuse relating to
election purposes.
(b) The Secretary of State shall commence accepting applications
and other activities under this program on July 1, 1999.
(c) Notwithstanding Section 7550.5, the Secretary of State shall
submit to the Legislature by January 1, 2004, a report that includes
the total number of pieces of mail forwarded to program participants,
the number of program participants during the program's duration,
the average length of time a participant remains in the program, and
the targeted code changes needed to improve the program's efficiency
and cost-effectiveness.
6211. This chapter shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 3. The sum of two hundred twenty-seven thousand twenty-three
dollars ($227,023) is hereby appropriated from the General Fund to
the Secretary of State for the costs of Sections 1 and 2 of this act
for the 1998-99 fiscal year.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.