BILL NUMBER: AB 2299 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Feuer
( Coauthors: Assembly Members
Galgiani, Jeffries, and Wieckowski
)
FEBRUARY 24, 2012
An act to amend Section 6254.1 of, and to add Sections 27279.5 and
27279.7 to, the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2299, as amended, Feuer. Local government: public safety
officials: confidentiality.
Existing law sets forth the duties and powers of the board of
supervisors of a county and the county recorder and county assessor
of each county. Existing law requires the county recorder to, upon
payment of proper fees and taxes, accept for recordation ,
any instrument, paper, or notice that is authorized or
required by statute or court order to be recorded, as specified.
Existing law allows any instrument or judgment affecting the title
to, or possession of, real property to be recorded. Existing law
requires a document that effects or evidences a transfer or
encumbrance of an interest in real property to include the name or
names in which the interest appears of record. Existing law requires
the county recorder of each county to establish a social security
truncation program for the redaction of social security numbers to
create a public record version of official records.
This bill would authorize the board of supervisors of a county to
establish a program that requires the names of certain public safety
officials to be redacted from any property record of principal
residence that is disclosed to the public by that county, except as
specified. The bill would authorize a county to charge a fee for
participation in the program. The bill would set forth requirements
that would apply to the sale of aggregate data. The bill would
require a county that establishes a program pursuant to this act to
also ensure that the property record of a public safety official is
redacted, as defined, in a specified manner when a search is
conducted by index by name of the public safety official.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available upon receipt of a
request that reasonably describes an identifiable record not
otherwise exempt from disclosure, and upon payment of fees covering
direct costs of duplication.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to authorize the board of supervisors of any county to establish
a county program to redact the name of a public safety official from
a property record that contains the address of the principal
residence of the public safety official and as otherwise
specified when a search is conducted by index by name of the public
safety official . A public safety official is defined for
purposes of this act as an official who is currently or formerly
employed by a public agency responsible for law enforcement,
the justice system, or corrections.
SEC. 2. Section 6254.1 of the Government Code is amended to read:
6254.1. (a) Except as provided in Section 6254.7, this chapter
shall not require disclosure of records that are the residence
address of any person contained in the records of the Department of
Housing and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) This chapter shall not require the disclosure of the residence
or mailing address of any person in any record of the Department of
Motor Vehicles except in accordance with Section 1808.21 of the
Vehicle Code.
(c) This chapter shall not require the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle Code.
(d) This chapter shall not require disclosure of the name of any
public safety official contained in any property record of a county
that is disclosed to the public, or as specified in subdivision
(g) of Section 27279.5, if the public safety official has
requested confidentiality of that information, in accordance with
Section 27279.5, and the county maintains a program that redacts that
information from property records pursuant to Section 27279.5.
SEC. 3. Section 27279.5 is added to the Government Code, to read:
27279.5. (a) The board of supervisors of a county may establish a
program that requires the name of a public safety official to be
redacted from any property record that is disclosed to the public by
that county , which shall also include redaction of the property
record pursuant to subdivision (g) .
(b) Subdivision (a) shall apply only to a public safety official
described in Section 27279.7 who has requested that his or her name
be redacted from a property record that is disclosed to the public by
that county and pursuant to subdivision (g) .
The county shall prepare and maintain a list specifying those job
classifications eligible to request redaction as public safety
officials pursuant to Section 27279.7. The county may prescribe the
form or application by which a request of confidentiality shall be
submitted pursuant to this subdivision.
(c) Notwithstanding subdivisions (a) and ,
(b), and (g), this section shall not preclude a
county from using or maintaining records internally that include the
name of a public safety official who has requested redaction under
the program.
(d) (1) The county may charge a fee for participation in the
program, provided the fee is reasonable and charged to cover only the
costs of the program.
(2) The county shall require an individual to show valid photo
identification and proof of employment eligibility as a precondition
of requesting redaction under the program.
(e) (1) A county that chooses to establish a program pursuant to
this section that sells aggregate data shall further require
provide notice to the person or entity that it sells
data to that the names of program participants shall
remain confidential and not be posted on any Internet Web site or
solicited, sold, or traded.
(2) A public safety official whose name is made public as a result
of a violation of paragraph (1) may bring an action seeking
injunctive or declarative relief in any court of competent
jurisdiction. If a court finds that a violation has occurred, it may
grant injunctive or declarative relief and shall award the official
court costs and reasonable attorney's fees. A fine not exceeding one
thousand dollars ($1,000) may be imposed for a violation of the court'
s order for an injunction or declarative relief obtained pursuant to
this paragraph.
(3) A public safety official whose name is solicited, sold, or
traded in violation of paragraph (1) may bring an action in any court
of competent jurisdiction. If a jury or court finds that a violation
has occurred, it shall award damages to that public safety official
in an amount up to a maximum of three times the actual damages but in
no case less than four thousand dollars ($4,000).
(4) A county shall not be held civilly liable for a violation of
paragraph (1) if the county provided proper notice pursuant to
paragraph (1) to the person or entity that it sold data to that the
name of the public safety official remain confidential.
(f) Notwithstanding any other provision of this section, the
following shall apply:
(1) A county that exercises reasonable care shall not be held
civilly liable for the unintentional disclosure of the name of a
public safety official.
(2) For purposes of this section, a county shall have exercised
reasonable care if it redacts those documents identified by
conducting an electronic or index search of records based upon the
name of the public safety official.
(3) The name of a public safety official shall be released upon
request of the public safety official.
(g) A county that establishes a program pursuant to this
section shall also ensure that the property record of a public safety
official is redacted when a search is conducted by index by name of
the public safety official.
(h) A County Board of Supervisors that chooses to establish a
program pursuant to this section shall have discretion in designing a
process to implement the program, provided that the process is not
in conflict with any specific requirement imposed under this section.
(i) For purposes of this section and Section
27279.7, the following definitions shall have the following
meanings:
(1) "Post" means to intentionally communicate or otherwise make
available to the general public.
(2) "Principal residence" means the residence that qualifies for a
homeowners' property tax exemption.
(2)
(3) "Property record" means a property record that
contains the address of principal residence of the public safety
official.
(3)
(4) "Public safety official" means a person listed in
Section 27279.7 who is eligible for, or participates in, the program.
(5) "Redacted" or "redaction" also includes redaction of the
address of principal residence and legal description of the property
from a property record of a public safety official when a search is
conducted by index by name of the public safety official.
SEC. 4. Section 27279.7 is added to the Government Code, to read:
27279.7. (a) The name of any of the following public safety
officials, whether current or former, shall be redacted from a
property record pursuant to Section 27279.5 if the public safety
official requests the confidentiality of that information:
(1) An employee of a federal, state, or local law enforcement
agency, not under suspension or otherwise lacking in good standing,
except an employee whose principal duties are clerical or who is not
engaged in law enforcement operations.
(2) A judge, federal magistrate, court commissioner, or referee
who has statutory authority to preside in criminal proceedings.
(3) An attorney of a federal, state, or local prosecutorial or
defense agency who represents that office in criminal matters.
(4) An employee of a federal, state, or local prosecutorial or
defense agency whose responsibilities routinely place that employee
in personal contact with persons under investigation for, charged
with, or convicted of, committing criminal acts.
(5) An employee of a federal, state, or local agency who
supervises inmates or is required to have a prisoner in his or her
care or custody, or a probation officer or parole agent.
(b) (1) Notwithstanding subdivision (a),
Section 27279.5 and this section shall not apply to an elected
official in an elected office, or to a person who has been appointed
on a temporary basis to fill a vacancy in an elected office, when
that elected office is the attorney general, district attorney,
sheriff, public defender, or city attorney or prosecutor.
(2) Notwithstanding subdivision (a), a public safety official who
becomes an elected official shall not be eligible for redaction under
the program.
(c) The name or property record of a public safety
official listed in subdivision (a) shall not be disclosed pursuant to
Section 27279.5, except to any of the following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the name, if the disclosure is made pursuant to
a subpoena.
(5) A governmental agency to which, under any law, information is
required to be furnished from records maintained by the county.
(6) To any person, upon request of the public safety official.
SEC. 5. The Legislature finds and declares that this act imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to prevent crimes against public safety officials and
their families, it is necessary that this act take effect.