BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 32
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 32 (Lieu) - As Amended:  April 2, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires a person, business, or association, upon receiving a  
            written demand of an elected or appointed official, to  
            immediately remove the official's home address or telephone  
            number from public display on the Internet and to continue to  
            ensure that information is not reposted on the Internet or any  
            subsidiary site. The request remains in effect for four years.

          2)Permits an official to designate the official's employer or  
            professional association of similar officials to act, on  
            behalf of that official, with regard to making a written  
            demand or seeking enforcement of these posting requirements.

          3)Requires a court to award damages in the amount of three times  
            the actual damages and not less than $4,000 to an official  
            whose home address or telephone number is solicited, sold, or  
            traded in violation this section.

           FISCAL EFFECT  

          Negligible fiscal impact.  

           COMMENTS  

           Rationale  . Current law protects the privacy of home addresses  
          and telephone numbers for elected and appointed officials,  
          including police officers and deputy sheriffs.  Current law  
          specifies that no public agency may post the private information  
          of an official on the Internet without written consent. Current  








                                                                  AB 32
                                                                  Page  2

          law also allows an official to opt-out of having their private  
          information posted on the Internet for a period of four years. 

          According to the author, however, information is often reposted.  
          The author's intent in this measure is to require immediate  
          removal, authorize employers and associations to act as agents  
          for officials and demand privacy, and require continued  
          confidentiality to guard against reposting. 


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081