BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2169|
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THIRD READING
Bill No: AB 2169
Author: Montanez (D), et al
Amended: 8/28/06 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/20/06
AYES: Dunn, Escutia, Harman, Kuehl
NO VOTE RECORDED: Morrow
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/17/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Ortiz, Poochigian, Romero,
Torlakson
ASSEMBLY FLOOR : 80-0, 5/30/06 - See last page for vote
SUBJECT : Public records: confidentiality
SOURCE : Calegislation
DIGEST : This bill extends the January 1, 2008 repeal
date sunset provision for the Address Confidentiality for
Victims of Domestic Violence and Stalking program which is
administered by the Secretary of State until January 1,
2013. That program, part of the Safe at Home project,
allows victims of domestic violence or stalking to use an
alternative address on public records to retain their
anonymity.
Senate Floor Amendments of 8/28/06 insert a technical
CONTINUED
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change, and add Senator Bowen as the principal coauthor.
ANALYSIS : Existing law, the California Public Records
Act, requires state and local agencies to make their public
records available for public inspection, unless disclosure
is otherwise exempted. Existing law defines public records
as "any writing containing information relating to the
conduct of the public's business prepared, owned, used, or
retained by any state or local agency?"
Existing law, the Safe at Home project, allows victims of
domestic violence or stalking to request an alternative
address, designated by the Secretary of State, to serve as
their address in public records. Subject to certain
exemptions, state and local agencies must use a program
participant's alternative address, upon request of that
participant, when creating, modifying or maintaining public
records.
Existing law sunsets Safe at Home Project provisions
regarding victims of domestic violence or stalking on
January 1, 2008.
Existing law establishes a similar program until January 1,
2008, entitled the "Address Confidentiality for
Reproductive Health Care Services Providers, Employees,
Volunteers, and Patients" to protect the confidentiality of
home address information of reproductive health care
services providers, employees, volunteers, and patients.
This bill extends the January 1, 2008, repeal date until
January 1, 2012 thereby extending the operation of these
programs indefinitely. By extending the duties on local
agencies for an additional period of time, this bill would
impose a state-mandated local program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, there are
currently 2,600 participants in the Safe at Home program,
and the Secretary of State has annual ongoing costs in the
$380,000 range to administer this program.
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SUPPORT : (Verified 8/22/06)(unable to reverify on
8/25/06)
Calegislation (source)
American Association of University Women
Asian Pacific Islander Institute on Domestic Violence
California Association of Marriage and Family Therapists
California District Attorneys Association
California Judges Association
California Law Enforcement Association of Records
Supervisors
California Nurses Association
California Partnership to End Domestic Violence
California Peace Officers' Association
California Police Chiefs' Association
California Secretary of State
California State Bar, Family Law Section
Consumer Action
County of Yuba, Program and Victims Services
El Dorado Women's Center
Family Violence Prevention Fund
Haven Hills Inc.
Lambda Letters Project
Los Angeles City Attorney's Office
Los Angeles County District Attorney's Office
Marin Abused Women's Services
The Marjaree Mason Center
National Organization for Women
Office of the Attorney General, Department of Justice
Planned Parenthood, California
Privacy Rights Clearinghouse
San Diego Councilmember Donna Frye
San Diego Family Justice Center
San Diego Police Department
Sexual Assault and Domestic Violence Center, Woodland
State of California, Commission on the Status of Women
State Public Affairs Committee, Junior Leagues of CA
Women Escaping a Violent Environment - WEAVE Inc.
ARGUMENTS IN SUPPORT : According to the author's office,
"[t]he Safe at Home Project has helped thousands of victims
of domestic violence and stalking as well as reproductive
health providers live a new life without fear of being
discovered by their assailant. This legislation is needed
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so that the program may become permanent and continue to
provide mail and confidentiality service to its
participants."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete
McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,
Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
Villines, Walters, Wolk, Wyland, Yee, Nunez
RJG:nl 8/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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