BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2192
                                                                  Page  1

          Date of Hearing:   April 23, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                    AB 2192 (Miller) - As Amended:  March 29, 2012
           
          SUBJECT  :  Home address confidentiality

           SUMMARY  :  Requires persons whose home addresses are afforded a 
          higher degree of confidentiality by the Department of Motor 
          Vehicles (DMV) to provide DMV with a current employment address 
          for purposes of collecting traffic, parking, or toll evasion 
          fines.  Specifically,  this bill  :  

          1)Requires a person who requests the confidentiality of his or 
            her home address contained within DMV records to provide DMV 
            with a current employment address for purposes of processing 
            the service and collection of a traffic, parking, or toll road 
            violation.  

          2)Suspends the applicable statutory time periods for processing 
            the service and collection of traffic, parking, or toll road 
            violations until DMV provides the law enforcement agency, 
            governmental agency, or issuing agency with the person's 
            current employment address.  

          3)Provides that the use of a person's current employment 
            address, when that person's home address is confidential, 
            satisfies the requirement of the person's home address for 
            purposes of serving a notice to appear or a notice of 
            violation under the Vehicle Code.  

          4)Requires a person who has requested the confidentiality of his 
            or her home address to notify DMV of any change in his or her 
            employment address within 10 days.  

          5)Requires DMV to refuse to renew the registration of a vehicle 
            if the owner or lessee has been served with a traffic, parking 
            or toll violation and has been mailed a notice of delinquent 
            parking violation or a failure to pay a traffic citation; the 
            processing agency has filed or electronically transmitted to 
            DMV an itemization of the unpaid parking or traffic citation 
            penalty, including the administrative fee; and the owner or 
            lessee has not paid the penalty and administrative fee.  
           








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           6)Requires DMV to update the home address confidentiality 
            request form to require the requestor to provide a current 
            employment address and to distribute and make available copies 
            of the updated form to the human resources office of each 
            agency that employs any of the classes of persons eligible for 
            this level of confidentiality.  

          7)Requires the human resources office of a new employee 
            requesting confidentiality or an employee who has an existing 
            confidentiality application on file with DMV to make the 
            updated form available to new and current employees and 
            require, on and after January 1, 2013, that all new employees 
            requesting confidentiality or employees who have an existing 
            confidentiality application on file with DMV complete and 
            return the form with their current employment address to their 
            human resources office.  

          8)Requires those offices to forward all new application forms to 
            DMV's Confidential Records Unit (CRU) upon receipt from the 
            employee and forward the completed updated forms of existing 
            employees who have an application on file with DMV to the CRU 
            by April 1, 2014.  

           EXISTING LAW  :

          1)Lists 24 classes of persons primarily in law enforcement 
            fields, plus the spouses and children of those persons, and 
            allows them to 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.  

          2)Affords confidentiality for the home addresses of all 
            individuals contained within DMV records.  These provisions 
            similarly allow for disclosure to courts, law enforcement 
            agencies, and other governmental agencies but also allow for 
            limited disclosure to financial institutions, insurance 
            companies, attorneys, vehicle manufacturers, and persons doing 
            statistical research.  

           FISCAL EFFECT  :  Unknown.  However, a Senate Committee analysis 
          of similar legislation in 2010 projected significant costs for 
          DMV as well as increased collection of traffic, toll, and 
          parking fines by local agencies.  








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           COMMENTS  :  The author has introduced this bill to ensure that 
          "even bureaucrats pay their traffic tickets.  Over one-million 
          government workers' mailing addresses are not displayed in the 
          DMV public-access records.  Because their addresses are hidden, 
          they often do not receive traffic citations that are sent via 
          mail.  Without raising taxes or fees, AB 2192 generates 
          additional revenue for transportation projects, by closing the 
          loophole in the law that hides mailing addresses from toll road, 
          traffic ticket, and parking citation enforcement."  

          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, Statutes of 
          1989, which made home addresses in DMV records confidential, 
          with specified exceptions.  

          AB 1779 left in place, however, earlier confidentiality 
          provisions that applied only to peace officers and certain other 
          officials thought to be at risk.  The home addresses of those on 
          the statutory list of such officials (a list that has increased 
          substantially in the intervening years) may only be disclosed to 
          a court, a law enforcement agency, the BOE, or any governmental 
          agency legally required to be furnished that information.  The 
          home addresses of everyone else may also be disclosed, in 
          limited circumstances, to financial institutions, insurance 
          companies, attorneys, vehicle manufacturers, and persons doing 
          statistical research.  

          The Orange County Register in 2008 conducted an investigation 
          that uncovered thousands of unpaid parking violations and tolls 
          accrued by a number of peace officers and other individuals 
          whose DMV records are afforded enhanced confidentiality beyond 
          the protections afforded under AB 1779.  Those unpaid tolls and 








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          fines had cost agencies in Orange County over $5 million over 
          the prior five years.  Parking and toll agencies throughout the 
          state, including those in San Diego and San Francisco, had 
          experienced similar abuses.  

          When parking agencies or toll road operators attempt to collect 
          fines from such individuals, DMV is not able to provide the 
          offender's registered addresses in a manner timely enough for 
          fines to be collected under the statute of limitations.  
          Therefore, it is generally not cost effective for agencies to 
          pursue money owed, so that fines for these violations are 
          usually written off.  While some agencies attempt to collect the 
          money by sending a notice to the individuals' employing entities 
          on file at DMV, there is no way to enforce the collection of 
          violations because this practice is not authorized under the 
          law.  

          Since the enactment of AB 1779, there is not one documented case 
          of any licensed driver or registered vehicle owner being tracked 
          down for nefarious purposes through their DMV records.  
          Therefore one might question whether there is any need for the 
          confidentiality program that applies to peace officers and 
          others on the statutory list.  If the political will does not 
          exist for the repeal of that program, at the very least it 
          should not be used to enable individuals to avoid the payment of 
          traffic tickets.  In that light, this bill represents a long 
          overdue reform that will both enable the prosecution of these 
          violations and boost the revenue streams of the affected public 
          agencies.  

          The author concludes by saying, "By requiring a person with 
          enhanced home address confidentiality to provide their business 
          address, this bill would appear to close the above-described 
          loophole that has been exploited by a number of individuals.  It 
          would allow toll facilities and parking agencies to avoid large 
          revenue losses and would relieve DMV of the burden of having to 
          respond to the thousands of requests from these agencies for 
          delinquent vehicle owners' mailing addresses, a burden described 
          by DMV as 'a major hassle for both us and the agencies.'"

           Legislative history  :  The author also carried AB 2097 in 2010 
          and, AB 3 in 2011 which were similar to this bill.  AB 2097 
          passed all legislative votes unanimously until dying on Suspense 
          in the Senate Appropriations Committee.  AB 3 passed this 
          committee unanimously but died in Assembly Appropriations on 








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          Suspense.  AB 996 (Spitzer) of 2008, which was vetoed by 
          Governor Schwarzenegger, would have allowed confidential home 
          addresses maintained by DMV to be disclosed to a governmental 
          agency when that information was necessary to serve or collect a 
          traffic, parking, toll bridge, or toll road violation.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093