Bill Text: CA SB859 | 2011-2012 | Regular Session | Chaptered
Bill Title: Vehicles: records: confidentiality.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 346, Statutes of 2011. [SB859 Detail]
Download: California-2011-SB859-Chaptered.html
BILL NUMBER: SB 859 CHAPTERED
BILL TEXT
CHAPTER 346
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2011
APPROVED BY GOVERNOR SEPTEMBER 26, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 23, 2011
AMENDED IN ASSEMBLY JULY 5, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 10, 2011
INTRODUCED BY Senator Padilla
(Coauthor: Assembly Member Blumenfield)
FEBRUARY 18, 2011
An act to amend Section 1808.23 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 859, Padilla. Vehicles: records: confidentiality.
(1) Existing law requires the residence address in a record of the
Department of Motor Vehicles to be kept confidential, with specified
exceptions. One exception applies to a vehicle manufacturer licensed
to do business in this state if the manufacturer, or its agent,
under penalty of perjury, requests and uses the information only for
the purpose of safety, warranty, or product recall if the
manufacturer offers to make and makes any changes at no cost to the
vehicle owner. Another exception applies to a dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents. A violation of
the Vehicle Code is a crime.
This bill would add an exception for an electrical corporation, as
defined, or a local publicly owned electric utility, if the
corporation or utility, or its agent, under penalty of perjury,
requests and uses the information only for the purposes of
identifying where an electric vehicle is registered and if certain
conditions are met. By creating a new crime, the bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1808.23 of the Vehicle Code is amended to read:
1808.23. (a) Section 1808.21 does not apply to any of the
following:
(1) A vehicle manufacturer licensed to do business in this state
if the manufacturer, or its agent, under penalty of perjury, requests
and uses the information only for the purpose of safety, warranty,
including a warranty issued in compliance with Section 1795.92 of the
Civil Code, emission, or product recall if the manufacturer offers
to make and makes any changes at no cost to the vehicle owner.
(2) A dealer licensed to do business in this state if the dealer,
or its agent, under penalty of perjury, requests and uses the
information only for the purpose of completing registration
transactions and documents.
(3) A person who, under penalty of perjury, requests and uses the
information as permitted under subdivision (h) of Section 1798.24 of
the Civil Code, if the request specifies that no persons will be
contacted by mail or otherwise at the address included with the
information released. The information released by the department
under this subdivision shall not be in a form that identifies any
person.
(4) An electrical corporation as defined in Section 218 of the
Public Utilities Code or a local publicly owned electric utility as
defined in Section 224.3 of the Public Utilities Code, if the
corporation or utility, or its agent, under penalty of perjury,
requests and uses the information only for the purposes of
identifying where an electric vehicle is registered. All of the
following shall apply to this paragraph:
(A) The department may disclose to the electrical corporation or
local publicly owned utility only the type of vehicle and address of
the electric vehicle owner. The department shall not disclose the
name of the electric vehicle owner.
(B) Within 15 days of receiving residence address information from
the department pursuant to this section, an electrical corporation
or local publicly owned utility shall provide a clear, express
disclosure to the electric vehicle owner that his or her residence
address information is permitted by law to be shared with the
corporation or utility. The disclosure shall not contain marketing
information or a solicitation for the purchase of goods or services.
(C) Confidential home address and type of vehicle information of
electric vehicle owners disclosed pursuant to this paragraph shall
only be used for the purpose of identifying where an electric vehicle
is registered and shall not be used or disclosed for any other
purpose, including for purposes of identifying the individual or
individuals residing at the address, or to any other person.
(D) The electrical corporation or local publicly owned utility and
its agents shall not sell, share, or further disclose, including to
any subsidiaries, the residence address or type of vehicle
information of electric vehicle owners obtained pursuant to this
paragraph, or name information determined by matching residence
information against the corporation or utility's customer records.
(b) Residential addresses released shall not be used for direct
marketing or solicitation for the purchase of any consumer product or
service.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
