AB 32 California Assembly · 2009-2010 Regular Session

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 status signed all 5 stages cleared
Introduction
Dec 2008
Committee Review
Jul 2009
Assembly Passage
May 2009
Senate Passage
Jul 2009
Signed into Law
Oct 2009
Introduced Dec 1, 2008 Signed Oct 11, 2009
Floor votes · Senate Jul 16, 2009 · Assembly Aug 17, 2009

How they voted

35–0
Passed · 4 other
Total votes 39
Jul 16, 2009
D Democratic25
22 Yea 3
88% Yea
R Republican14
13 Yea 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
10
Committee
12
Amendments
4
Oct 11, 2009
Signed into law
Approved by the Governor.
legislature
Aug 17, 2009
Assembly · Passed
Assembly Vote: pass (66-0-3)
assembly
Aug 17, 2009
Lower · Passed
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2600.)
lower
Jul 16, 2009
Senate · Passed
Senate Vote: pass (35-0-4)
senate
Jul 16, 2009
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 18 pursuant to Assembly Rule 77.
lower
Jul 6, 2009
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jun 24, 2009
Upper · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 23).
upper
Jun 17, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 9, 2009
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 4, 2009
Committee
Referred to Com. on JUD.
upper
May 14, 2009
Lower · Passed
From committee: Do pass. To Consent Calendar. (May 13).
lower
Apr 28, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 28).
lower
Apr 20, 2009
Committee
Re-referred to Com. on PUB. S. by unanimous consent.
lower
Apr 16, 2009
Committee
From committee: Be re-referred to Com. on JUD. Re-referred. (Ayes 10. Noes 0.) (April 16).
lower
Apr 13, 2009
Committee
Re-referred to Com. on RULES by unanimous consent.
lower
Apr 13, 2009
Committee
Re-referred to Com. on E. & R.
lower
Apr 2, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
lower
Feb 5, 2009
Committee
Referred to Com. on E. & R.
lower
Dec 2, 2008
Lower · Passed
From printer. May be heard in committee January 1.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ted Lieu
Ted Lieu
DDemocratic
CA
28