California 2009-2010 Regular Session Status: To Executive

SB 938 — Department of Motor Vehicles: records: confidentiality.

Last action — Chaptered by Secretary of State. Chapter 280, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in any records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. Existing law prohibits the disclosure of the home address of the spouse or child of those specified public employees and officials, and of the surviving spouse or child of a peace officer who died in the line of duty. This bill would allow disclosure of the home addresses of those spouses, surviving spouses, or children if they were convicted of a crime and are on active parole or probation. The bill would require the person requesting confidentiality for their spouse or child, on or after January 1, 2011, to declare, at the time the request is made, whether their spouse or child has been convicted of a crime and is on active parole or probation. The bill would specify that neither the department nor the listed person's employer is required to verify or be responsible for verifying that the specified person was convicted of a crime and on active parole or probation. (2) Existing law requires the commissioner of the California Highway Patrol, for the purpose of conducting criminal history and driver history screening of tow truck drivers and employers to utilize the California Law Enforcement Telecommunications System (CLETS) to conduct preliminary criminal history checks. This bill would delete this requirement. Existing law requires the Department of the California Highway Patrol to issue a 90-day temporary tow truck driver certificate, provided by the Department of Motor Vehicles, to applicants who have cleared, among other things, the preliminary criminal history check through CLETS. This bill instead would require the department to issue the 90-day temporary tow truck driver certificate to applicants who have cleared, among other things, a criminal history check through the Department of Justice.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 280, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4945.) To enrollment.

  5. To Special Consent Calendar.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 75. Noes 0. Page 6332.) To Senate.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee August 12.)

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on June 14.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  16. Set, first hearing. Hearing canceled at the request of author.

  17. To Com. on TRANS.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 34. Noes 0. Page 3413.) To Assembly.

  20. To Special Consent Calendar.

  21. Read second time. To third reading.

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. Set for hearing April 26.

  24. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 0. Page 3165.) Re-referred to Com. on APPR.

  25. Set for hearing April 13.

  26. To Com. on PUB. S.

  27. From print. May be acted upon on or after March 5.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Huff · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Huff

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #32 SB938 Huff

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Ashburn — Yea
Blakeslee — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
Romero — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 938 Huff Senate Third Reading By MILLER

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Ammiano — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bass — Yea
Block — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Not Voting
Mendoza — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
De — Yea
Leon — Yea
Gatto — Yea
Hall — Yea
Huffman — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Harkey — Yea
Miller — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 14 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13002
Republican 1000
Total 14002
% of votes cast 88%0%0%13%
How each member voted (16)
Member Party Vote
Bill — Yea
Furutani — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Jeffries — Yea
Miller — Yea
Blumenfield — Yea
Norby — Not Voting
Solorio — Not Voting
Buchanan — Yea
Hayashi — Yea
Eng — Yea
Galgiani — Yea
Bill Berryhill — Yea
Niello, Roger W. Republican Yea

Official roll call →

Special Consent #22 SB938 Huff

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Dutton — Yea
Hollingsworth — Yea
Huff — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Runner — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Not Voting
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Not Voting
Harman — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Romero — Yea
Wiggins — Not Voting
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety labor transportation
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Frequently asked questions

What does SB 938 do?
(1) Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in any records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. Existing law prohibits the disclosure of the home address of the spouse or child of those specified public employees and officials, and of the surviving spouse or child of a peace officer who died in the line of duty. This bill would allow disclosure of the home addresses of those spouses, surviving spouses, or children if they were convicted of a crime and are on active parole or probation. The bill would require the person requesting confidentiality for their spouse or child, on or after January 1, 2011, to declare, at the time the request is made, whether their spouse or child has been convicted of a crime and is on active parole or probation. The bill would specify that neither the department nor the listed person's employer is required to verify or be responsible for verifying that the specified person was convicted of a crime and on active parole or probation. (2) Existing law requires the commissioner of the California Highway Patrol, for the purpose of conducting criminal history and driver history screening of tow truck drivers and employers to utilize the California Law Enforcement Telecommunications System (CLETS) to conduct preliminary criminal history checks. This bill would delete this requirement. Existing law requires the Department of the California Highway Patrol to issue a 90-day temporary tow truck driver certificate, provided by the Department of Motor Vehicles, to applicants who have cleared, among other things, the preliminary criminal history check through CLETS. This bill instead would require the department to issue the 90-day temporary tow truck driver certificate to applicants who have cleared, among other things, a criminal history check through the Department of Justice.
Who sponsors SB 938?
SB 938 is sponsored by Huff.
What is the current status of SB 938?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 938?
Track SB 938 free on One Click Politics — get push/email alerts when it moves.

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