BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1082|
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CONSENT
Bill No: SB 1082
Author: Corbett (D)
Amended: 4/24/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/17/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Protection of victims: address confidentiality
SOURCE : Secretary of State
DIGEST : This bill requires that applicants seeking
enrollment in the "Safe at Home" address confidentiality
program for victims of domestic violence, sexual assault,
and stalking, as well as reproductive health care
providers, employees, volunteers and patients be domiciled
in California, and provides the Secretary of State (SOS)
the authority to not renew the certification of a program
participant who has abandoned his/her domicile in
California. This bill also authorizes a minor program
participant to renew his/her participation upon reaching 18
years of age, following the renewal procedure established
by the SOS under the office's existing statutory authority.
Additionally, this bill modifies the permissible grounds
for early termination of a participant's certification in
the program by the SOS, while providing for an extended
period of time to appeal an intended termination from five
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days to 30 days. Lastly, this bill permits the SOS to
handle or forward packages for program participants in the
SOS's discretion and make other non-substantive changes.
ANALYSIS : Existing law establishes an address
confidentiality (or "Safe at Home") program within the
Office of the SOS in order to enable state and local
agencies to both accept and respond to requests for public
records without disclosing the changed name or address of a
victim of domestic violence, sexual assault, or stalking.
Existing law permits any such adult victim, or parent or
guardian acting on behalf of a minor or incapacitated
person, to apply through a community-based victims'
assistance program to have an address designated by the SOS
as his/her substitute mailing address. (Government Code
(GOV) Section 6205 et seq.) Existing law similarly allows
reproductive health care providers, employees, volunteers,
and patients to apply to the address confidentiality
program through a community-based victims' assistance
program, as specified. (GOV Section 6215 et seq.)
Existing law defines "domicile" to mean domicile of a
person is that place in which his/her habitation is fixed,
wherein the person has the intention of remaining, and to
which, whenever he/she is absent, the person has the
intention of returning. At a given time, a person may have
only one domicile. (Election Code (ELEC) Section 349)
This bill requires that an applicant be domiciled in
California and defines "domicile" to have the same meaning
as given under Section 349 of the ELEC.
This bill allows the SOS to refuse to renew a program
participant's certification if (1) the adult program
participant or the parent or guardian acting on behalf of
the minor or incapacitated person has abandoned his/her
domicile in this state; (2) the program participant who
reaches 18 years of age during the certification term, and
has not renewed that certification within 60 days of
reaching 18 years of age.
Existing law requires that the SOS certify a successful
applicant as a program participant for four years following
the date of filing, unless the certification is withdrawn
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or invalidated before that date, except reproductive health
care services facilities volunteers shall be certified
until six months from the last date of volunteering with
the facility. Existing law also provides that the SOS
shall establish for a renewal procedure. (GOV Sections
6206(c), 6215.2(e))
This bill permits a minor program participant who reaches
18 years of during his/her enrollment to renew as an adult
following the renewal procedures established by the SOS.
Existing law allows a participant to withdraw from the Safe
at Home program, and authorizes the address confidentiality
program manager to terminate a participant's certification
for specified reasons, including the use of false
information or using the program as subterfuge. (GOV
Sections 6206.7, 6215.4)
This bill, with respect to victims of domestic violence,
sexual assault, or stalking, permits the SOS to also
terminate a certification if the program participant has
reached 18 years of age during his/her certification term
and has not renewed his/her certification within 60 days of
reaching 18 years of age.
Existing law provides the SOS with the authority to cancel
a program participant's certification for specified
reasons, and requires that the Secretary retain records in
a specified manner. (GOV Sections 6206.5(a)-(d),
6206.5(f), 6215.3(a)-(e).) Existing law provides that any
records or documents pertaining to a program participant
shall be held confidential for a period of three years
after termination of certification, except as specified.
(GOV Sections 6206.5(e), 6215.3(f))
Existing law provides that, following a termination of
program participant certification for using false
information in an application to qualify as a program
participant or for using the program as a subterfuge, as
specified, the address confidentiality manager may disclose
information contained in the participant's application.
(GOV Sections 6206.7(f), 6215.4(f))
Existing law provides that the address confidentiality
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manager shall send written notification of an intended
termination with respect to specified grounds for
termination and that the program participant shall have
five business days in which to appeal the termination under
procedures developed by the SOS. (GOV Sections 6206.7(c),
6215.4(c))
This bill, with respect to victims of domestic violence,
sexual assault, or stalking, requires that the SOS provide
notice of any intended termination, for any grounds, and
provides that a program participant shall have 30 days in
which to appeal the intended termination under procedures
established by the SOS.
This bill removes any other references to "address
confidentiality program manager" and replace them with
"Secretary of State."
Existing law provides that the SOS shall forward all first
class mail and all mail sent by a governmental agency to
the appropriate program participant. Existing law also
provides that the SOS shall not handle or forward packages
regardless of size or type of mailing. (GOV Sections
6207(d); 6215.5(d))
This bill instead provides that the SOS may, in its
discretion, refuse to handle or forward packages regardless
of size or type of mailing.
This bill deletes outdated language with respect to
reporting, and makes other non-substantive changes.
Prior Legislation
SB 636 (Corbett), Chapter 200, Statutes of 2011, among
other things, specified that a participant's personal
address may be revealed after termination of certification
if the participant's termination resulted from the program
manager determining that false information was used in the
application process or the program was used as subterfuge.
AB 2251 (Evans), Chapter 486, Statutes of 2006, prohibited
the public posting or display of the home address or
telephone number of specified individuals who are
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associated with a reproductive health care service provider
on the Internet.
AB 797 (Shelley), Chapter 380, Statutes of 2002, expanded
eligibility in the state's address confidentiality program
to reproductive health care service providers, their
employees and patients.
SB 1318 (Alpert), Chapter 562, Statutes of 2000, expanded
the Safe at Home Program to victims of stalking.
SB 489 (Alpert), Chapter 1005, Statutes of 1998.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/8/12)
Secretary of State (source)
AFSCME
California Communities United Institute
California Partnership to End Domestic Violence
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author, "Senate
Bill 1082 clarifies inconsistencies in the law and makes
Safe at Home (SAH) services more efficient and more
effective. . . . While the SAH program services thousands
of survivors, several clarifications are needed to allow
the program to be run effectively. For example, existing
law requires adults to apply to the SAH program through a
community-based enrollment agency, and it does not
specifically provide for the case of a minor turning 18
years old and wishing to continue in the program. Existing
law also prevents SAH staff from forwarding packages,
regardless of size or type of mailing. The lack of
definition for a package is frustrating for staff and
burdensome for program participants who may wish to have
large mail-service legal documents or bank checks
forwarded."
The sponsor, the Office of the SOS, explains that "�s]ince
its inception in 1999, the Safe at Home Program has helped
protect the identities of nearly 6,260 survivors of
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domestic violence, stalking, and sexual assault, as well as
reproductive health care doctors, nurses, volunteers, and
patients. SB 1082 provides important clarifications in the
law to help to ensure the further success of this essential
program."
RJG:kc 5/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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