AB 32 — Public officials: personal information.

Summary

(1) Existing law prohibits a person, business, or association from publicly posting or publicly displaying on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. Upon receiving a written demand, a person, business, or association is prohibited from transferring the official's information to any other person, business, or association. Existing law also prohibits soliciting, selling, or trading on the Internet the home address or telephone number of an elected or appointed official with the intent to cause bodily harm to the official or to any person residing at the official's home address. Existing law provides various remedies for violation of these provisions. This bill would require a person, business, or association, upon receiving the written demand of an elected or appointed official, to remove the official's home address or telephone number from public display on the Internet within 48 hours of the delivery of the demand, and to continue to ensure that information is not reposted on the same Internet Web site, a subsidiary site, or any other Internet Web site maintained by the recipient of the written demand. The bill would specifically exempt a telephone corporation, as defined, from the prohibition on transferring a public official's home address or telephone number after receipt of a written demand if the transfer is necessary in the event of an emergency, to collect a debt owed to the telephone corporation or its affiliate, or as otherwise authorized by state or federal law. The bill would allow an elected or appointed official to designate the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand or seeking enforcement of these posting requirements. A written demand made by an official's agent would be required to include a statement describing a threat or fear for the official's safety or the safety of those residing in the official's home. (2) Under existing law, a public official is authorized to petition a court for injunctive or declarative relief if his or her home address and telephone number are publicly posted despite a written demand, and the court is empowered to grant official court costs and reasonable attorney's fees for the action. This bill would authorize a court to also impose a fine not exceeding $1,000 for violation of an order for an injunction or declarative relief.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 08/20/09 - Enrolled pdf August 20, 2009
• Amended 06/17/09 - Amended Senate pdf June 17, 2009
• Amended 04/02/09 - Amended Assembly pdf April 02, 2009
• Introduced 12/01/08 - Introduced pdf December 01, 2008
• AB32 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 403, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 25, 2009

   Enrolled and to the Governor at 5 p.m.

4. September 08, 2009

   Returned by the Governor at the request of the Assembly.

5. August 24, 2009

   Enrolled and to the Governor at 1:30 p.m.

6. August 17, 2009

   Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2600.)

7. July 16, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 18 pursuant to Assembly Rule 77.

8. July 16, 2009

   Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1766.)

9. July 09, 2009

   Ordered to Special Consent Calendar.

10. July 07, 2009

    Read second time. To third reading.

11. July 06, 2009

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

12. June 24, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 23).

13. June 17, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

14. June 09, 2009

    In committee: Set, first hearing. Hearing canceled at the request of author.

15. June 04, 2009

    Referred to Com. on JUD.

16. May 21, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 21, 2009

    Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1627.)

18. May 18, 2009

    Read second time. To Consent Calendar.

19. May 14, 2009

    From committee: Do pass. To Consent Calendar. (May 13).

20. April 28, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 28).

21. April 20, 2009

    Re-referred to Com. on PUB. S. by unanimous consent.

22. April 16, 2009

    From committee: Be re-referred to Com. on JUD. Re-referred. (Ayes 10. Noes 0.) (April 16).

23. April 13, 2009

    Re-referred to Com. on RULES by unanimous consent.

24. April 13, 2009

    Re-referred to Com. on E. & R.

25. April 02, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

26. February 05, 2009

    Referred to Com. on E. & R.

27. December 02, 2008

    From printer. May be heard in committee January 1.

28. December 01, 2008

    Read first time. To print.

Sponsors

• Lieu · Primary

Votes

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