BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2192
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2192 (Miller) - As Amended:  March 29, 2012 

          Policy Committee:                              
          TransportationVote:13-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

            This bill requires individuals whose home addresses are 
            afforded a higher degree of confidentiality by DMV to provide 
            DMV with a current employment address for purposes of 
            collecting traffic, parking, or toll evasion fines.  
            Currently, DMV records only show the employer's name. 
            Specifically, this bill:

          1)Suspends the applicable statutory time periods for processing 
            the 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. 

          2)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. 

          3)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. 

          4)Requires DMV to refuse to renew the registration of a vehicle 
            if the person receiving the enhanced confidentiality has been 
            mailed a notice of delinquent parking violation or failure to 
            pay a traffic citation and the processing agency has filed or 
            electronically transmitted to DMV an itemization of the unpaid 
            parking or traffic citation penalty.









                                                                  AB 2192
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          5)Requires DVM to update the form to request confidentiality of 
            the person's home address to include the requirement that the 
            person requesting confidentiality provide a current employment 
            address, and make available copies of the updated form to the 
            human resources office of each agency that employs any of 
            professions eligible for enhanced confidentiality.

           FISCAL EFFECT  

          1)Substantial up-front costs (likely exceeding $1 million) to 
            DMV to contact 1.5 million individuals in the enhanced 
            confidentiality program, acquire their employer's address, and 
            revise their records (special fund).

          2)Unknown, potentially significant savings to DMV in future 
            years resulting from fewer phone inquiries related to unpaid 
            toll and parking violations.

          3)Potential revenue, in the range of hundreds of thousands of 
            dollars annually, to local agencies to the extent the measure 
            results in improved collections of penalties from parking and 
            toll violations.

           COMMENTS  

           1)Rationale  . An investigation by the Orange County Register in 
            2008 revealed thousands of unpaid violations and tolls accrued 
            by peace officers and other individuals whose DMV records were 
            afforded enhanced confidentiality. These unpaid tolls and 
            fines 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, have 
            experienced similar abuses.

            When parking agencies or toll road operators (who are not 
            provided access to home addresses of those having the enhanced 
            confidentiality status) attempt to collect fines from such 
            individuals, DMV is precluded from providing the information, 
            and the agencies must then seek information through a request 
            from the individuals' employers. Given these hurdles and 
            statutes of limitations associated with parking fines and toll 
            violations, local agencies have been precluded from collecting 
            fines and tolls owed by these officials. 

            According to the author, the bill is intended to close this 








                                                                  AB 2192
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            loophole. 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 thousands of requests from 
            these agencies for delinquent vehicle owners' mailing 
            addresses.

           2)Background  . Until 1989, DMV records were generally considered 
            public records and any person who had a legitimate reason to 
            seek a home address of a particular person in the DMV files 
            could obtain it simply by producing the relevant driver's 
            license number or a license plate number. In 1986, legislation 
            was enacted creating a list of public officials whose home 
            addresses were to be kept confidential by the DMV. Under this 
            legislation, the home addresses of peace officers and others 
            on the statutory list may only be disclosed to a court, a law 
            enforcement agency, the BOE, or any governmental agency 
            legally required to be furnished that information. As a matter 
            of practice, DMV records for these individuals only show the 
            individual's employer's name (and no address). Home addresses 
            may be retrieved only through a time consuming manual process. 
            Over the years, the number of groups covered by the enhanced 
            confidentiality statutes has increased, to the point where 
            about 1.5 million persons are currently covered.

            In response to a stalking and murder case, the Legislature 
            passed AB 1779 (Roos), Chapter 1213, Statutes of 1989, which 
            made confidential the home addresses of all individuals with 
            records at the DMV. The level of confidentiality is similar to 
            that enjoyed by public officials protected by the 1986 
            legislation, except that disclosures may also be made, in 
            limited circumstances, to financial institutions, insurance 
            companies, attorneys, vehicle manufacturers, and persons doing 
            statistical research.

             Similar legislation

              a)   AB 2097 (Miller), 2010, would have required persons 
               receiving enhanced confidentiality of DMV records to 
               provide a current employment address to DMV and made other 
               changes to improve collections of traffic violations.  The 
               bill was held in Senate Appropriations.  
                 
              b)   AB 3 (Miller), 2011, would have required DMV to provide 
               notice of outstanding toll evasion violations to 
               individuals who have requested a confidential home address. 








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                The bill was held in this committee.  
              
          3)Related Legislation.  
            
              a)   AB 996 (Spitzer), 2008, would have allowed toll and 
               parking enforcement agencies access to DMV records of those 
               covered by the special confidentiality statutes but was 
               vetoed by the governor.   

              b)   AB 592 (Lowenthal), 2009, would have added Board of 
               Equalization investigators to the list of peace officers 
               and other public officials who may request the DMV to 
               provide enhanced confidentiality to their home addresses.  
               The bill was held by this committee.  

              c)   AB 923 (Swanson), 2009, would have added BOE members, 
               zoo veterinarians, employees of certain animal control 
               shelters, and code enforcement officers, to the list of 
               peace officers and other public officials who may request 
               the DMV to provide enhanced confidentiality to their home 
               addresses.  The bill was held by this committee.  
            
              d)   AB 2366 (Eng) would   add nonsworn sheriff's security 
               officers to the list of professions whose records are 
               provided enhanced confidentiality by DMV.  The bill is 
               pending action before this committee. 
           
           1)There is no support or opposition formally registered to this 
            bill
             
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081