BILL ANALYSIS �
AB 2687
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2687 (Bocanegra) - As Amended: March 27, 2014
Policy Committee:
TransportationVote:12-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes a licensed program analyst (LPA), within
the Department of Social Services (DSS), and their spouses and
children, to enroll in the DMV Confidential Records Program
(CRP).
FISCAL EFFECT
Given the relatively small number of LPAs (under 500), costs to
DMV to add this group and their family members to the CRP would
be minor and absorbable.
COMMENTS
1)Background . Until 1989, DMV records were considered public
records, unless state law specifically made them confidential,
as was the case for peace officers' addresses. Therefore,
until 1989, home addresses were not considered confidential,
and any person who gave a reason that DMV deemed legitimate,
and could present to DMV a person's driver's license number or
license plate number, could obtain address information on that
individual. In 1989, actress Rebecca Schaeffer was stalked and
killed. The murderer obtained her address from a private
investigation agency doing business in Arizona. The private
investigation agency acquired her address through a
subcontractor agent in California, who obtained it from DMV.
In response, the Legislature enacted AB 1779 (Roos)/Chapter
1213 of 1989, which made home addresses in DMV records
confidential, with specified exceptions.
Under current law, 24 classes of persons, primarily those in
AB 2687
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law enforcement fields, plus the spouses and children of those
persons, may request that their home addresses be held
confidential by DMV. The home address of these persons may
only be disclosed to a court, a law enforcement agency, the
state Board of Equalization (BOE), or any governmental agency
legally required to be furnished that information. For all
other individuals, home addresses contained within DMV records
are confidential, and may only be disclosed with the same
exceptions as for the 24 classes above, plus limited
disclosure for financial institutions, insurance companies,
attorneys, vehicle manufacturers, and persons doing
statistical research.
2)Purpose . LPAs operate within the Community Care Licensing
Division of DSS, and are responsible for monitoring and
evaluating licensed facilities, such as child day care
centers, for regulatory compliance, gathering evidence,
documenting findings, and recommending legal and
administrative actions to be taken against facilities found to
be out of compliance with licensing requirements.
According to the author, there have been many documented
instances of licensees harassing LPAs, many of whom use their
personal vehicles to conduct on-site evaluations. Some LPAs
thus fear that disgruntled licensees could be using license
plate information to obtain their home addresses. The author's
intent is to provide greater protection to LPAs because of the
very sensitive nature of their jobs and the very real threats
of violence and stalking that many have already faced.
3)Prior Legislation . Over the past 10 years, a number of bills
proposing to expand the statutory confidentiality list have
either died or have been vetoed.
4)Outdated Statute . Given that DMV records are universally
confidential, with limited exceptions, and the fact that DMV
is not aware of any instances since the enactment of AB 1779
where DMV home address information has been used for physical
harm or for violent criminal purposes, the need for this bill
is unclear. Moreover, since the enactment of AB 1779
eliminates the need for the separate home address
confidentiality protections afforded to public officials and
employees under Vehicle Code sections 1808.2, 1808.4, and
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1808.6, a more appropriate course of action would be to repeal
these three outdated sections. Most persons seeking
confidential information about others no longer even look to
DMV records for the data since those records are so carefully
protected and such information is much more easily obtainable
via the internet and social media.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081