Civil, Constitutional, and Personal Rights

Civil Rights

AB 556 (Conway) Personal services contracts.  This bill would have revised the authority of state agencies to use personal services contracts by replacing the term "affirmative action" with the term "equal employment opportunity" in two key provisions.  In effect, this bill would have instead authorized use of a personal services contract only if it did not adversely affect the state’s equal employment opportunity efforts, and also would have required the contract to include assurances that the contractor’s hiring practices meet applicable nondiscrimination, equal employment opportunity standards.  Status: Dead, Asm. Jud.

AB 781 (Jeffries) Employment: bilingual hiring requirements.  This bill would have prohibited state and local agencies from imposing or implementing any action or decision pursuant to the Dymally-Alatorre Bilingual Services Act ("the Act"), including any requirement that an employee be bilingual, as a pretext for discrimination on the basis of race, national origin, or other unlawful discrimination in employment, including specifically any requirement that an employee be bilingual.  This bill also would have designated all information and reports under the Act to be public information unless otherwise restricted by law.  Status: Dead, Senate Floor.

AB 793 (Jones and Brownley) Employment: discrimination: statutory deadlines.  This bill would have clarified when a cause of action accrues for the purpose of filing a claim of discrimination with respect to compensation, reflecting the Legislature’s declared intent to clarify existing law and to reject the United States Supreme Court’s interpretation of federal law in its decision in Ledbetter v. Goodyear Tire & Rubber Co. (2007) 550 U.S. 618.  Specifically, this bill would have established that a cause of action for discriminatory wages accrues (1) when the discriminatory pay decision was adopted, (2) when the plaintiff became subject to the discriminatory pay decision, or (3) when the plaintiff is affected by the discriminatory pay decision, including, among others, each payment of a discriminatory wage resulting in whole or in part from the discriminatory compensation decision or other practice.  Status: Vetoed.

AB 1001 (Skinner and Ma) Employment: familial status protection.  This bill would have added "familial status" to the list of characteristics on which basis a person may not be discriminated against in employment.  In other words, this bill would have prohibited workplace discrimination against a person based on his or her need to care for children and other family members, including a parent, spouse or domestic partner, parent-in-law, sibling, grandparent, or grandchild.  Status: Dead, Asm. Approps.

AB 1680 (Saldana) Civil Rights Act: waiver of rights.  This bill would have prohibited a person from requiring another person to waive any legal right, penalty, remedy, forum, or procedure for violation of the Ralph Civil Rights Act or the Bane Civil Rights Act as a condition of entering into a contract for the provision of goods and services, including the right to file and pursue a civil action or complaint with or otherwise notify governmental entities.  This bill also would have provided that no person shall refuse to enter into a contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any legal right, penalty, remedy, forum, or procedure for violation of these civil rights acts.  Status: Vetoed.

AB 1814 (Buchanan) Employment discrimination.  This bill provides that the age discrimination prohibitions of the Fair Employment and Housing Act do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits.  Status: Chapter 130, 2010.

AB 2516 (Hill) Community development: housing discrimination.  This bill would have required the Department of Housing and Community Development to establish the Accessible Housing Task Force to expand the amount of housing near public transit that is accessible and habitable by people of all ages and disabilities.  In addition, this bill would have required the task force to produce a report of their findings and provide it to the Legislature by June 30, 2012.  Status: Dead, Asm. Approps.

AB 2706 (Lowenthal) Civil rights: homeless persons.  This bill would have added homeless persons, as defined, to the list of individuals protected from violence and intimidation under the Ralph Civil Rights Act, thereby providing civil remedies to homeless persons who are injured as a result of such violence.  Status: Vetoed.

AJR 18 (Lieu and Feuer) Social security: benefits for same-sex couples.  This measure would have declared the Legislature's support for federal legislative efforts to reduce or eliminate discrimination against same-sex couples in social security benefits.  Status: Dead, Asm. Jud.

AJR 19 (Brownley and Feuer) Marriage: Repeal of federal Defense of Marriage Act.  This resolution urges Congress and the President of the United States to repeal the Defense of Marriage Act (DOMA), which provides that the United States government will not recognize or give effect to marriages between persons of the same sex for purposes of federal law.  Status: Res. Chapter 120, 2010.

HR 5 (Ammiano) Civil Rights: equal marriage rights: Proposition 8.  This resolution summarizes the arguments that Proposition 8 was an invalid effort at constitutional revision, and states the Assembly's opposition to Proposition 8 on this ground as well as others, including that Proposition 8 violates the separation of powers doctrine by intruding on the role of the Legislature in vetting revisions to the California Constitution and sidesteps the rigors of the legislative process as required by the Constitution.  Status: Adopted by the Assembly.

SB 242 (Yee) Civil rights: language restrictions.  This bill would have made it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in a business establishment, unless the language is justified by a business necessity and notification has been provided of the circumstances and the time when the language restriction is required to be observed, and of the consequences for its violation.  Status: Vetoed.

SB 367 (Negrete McLeod) Discrimination: consumer discounts.  This bill clarifies that the Unruh Civil Rights Act does not impose liability when a business offers or confers a discount or other benefit to a consumer or prospective consumer because the consumer has suffered the loss or reduction of employment or reduction of wages.  Status: Chapter 641, 2009.

SB 1252 (Corbett) Housing: discrimination.  This bill makes various technical and conforming changes to housing discrimination law, including clarifying that admission preferences based on age, imposed in connection with a federally-approved housing program, do not constitute age discrimination in housing, and increasing the maximum civil penalties that may be assessed for a violation of the FEHA to $16,000, $37,500, and $65,000 for a person's first, second, and third violations, respectively.  Status: Chapter 524, 2010.

SJR9 (Kehoe) Military: "Don't Ask, Don't Tell" policy.  This resolution urges Congress and the President of the United States to adopt the Military Readiness Enhancement Act of 2009 (H.R. 1283), which institutes a policy of nondiscrimination based on sexual orientation, and to repeal the "Don't Ask, Don't Tell" policy.  Status:  Res. Chapter 29, 2010.

Constitutional Rights

AB 4 (Blakeslee) Constitutional convention: delegates.  Upon majority approval of voters in a statewide general election to call a convention to revise the state Constitution, this bill would have provided for the selection of delegates to the convention and established rules for their eligibility, selection, and term of service.  This bill also would have specified procedures for removing delegates and filling vacancies, and would have prohibited an employer from taking action against an employee for attending any convention meeting.  Status: Dead, Asm. Jud.

AB 974 (Strickland) Pupil rights: religious expression.  This bill would have required a school district to treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and would have prohibited discrimination against a student based on a religious viewpoint expressed on an otherwise permissible subject.  This bill would have required local school districts and non-religious private secondary schools to create a “limited public forum” for student speakers at all school events at which a student may speak.  Additionally, the bill also would have required schools to adopt policies allowing religious groups to form clubs and use school facilities in the same manner available to other extra-curricular groups.  Status: Failed, Asm. Jud.

AB 2006 (Hill) Government forms: neutral references to religion.  This bill would have made legislative findings and declarations relating to the failure of state agency documents to use neutral and inclusive language when referring to religious institutions.  This bill would also have called upon the California Research Bureau to conduct a study and submit a report on religious references in state documents to the Legislature, as specified.  Status: Dead, Asm. Approps.

AB 2047 (Hernandez) Public postsecondary education: admissions policies.  This bill would have authorized the California State University (CSU) and the University of California (UC) to consider geographic origin, household income, race, gender, ethnicity and national origin along with other relevant factors, in undergraduate and graduate admissions, and would have required the CSU and requested the UC, respectively, to report on the implementation of these provisions to the Legislature and Governor by November 1, 2012, as specified.  Status: Vetoed.

AB 2308 (Calderon) California Constitutional Revision Commission.  This bill would have created the California Constitution Revision Commission, prescribed its membership, and specified its powers and duties. Among other things, this measure would have required the Commission to submit a report to the Governor and the Legislature by August 1, 2012, that sets forth its findings with respect to the formulation and enactment of a state budget and recommendations for the improvement of that process.  Status: Dead, Asm. Jud.

ACA 7 (Hernandez) Public education: discrimination and preferential treatment.  This measure would have amended the state constitution to delete the public school system, as defined, and the University of California from the scope of the existing constitutional provision that prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.  Status: Dead, Asm. Jud.

ACA 23 (Hernandez) Public postsecondary education: student recruitment and retention.  This measure would have established that the California Constitution provisions that prohibit the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, do not prevent state institutions of higher education, as defined, from implementing student recruitment and selection programs permissible under the Equal Protection Clause of the 14th Amendment of the United States Constitution.  Status: Dead, Asm. Jud.

ACR 1 (Blakeslee) Constitutional convention.  This measure would have proposed that the people of the State of California vote at the next statewide general election on the question of whether to call a convention to revise the California Constitution.  Status: Dead, Asm. Jud.

ACR 84 (Fuentes) California Constitution Revision Commission.  This measure would have created the California Constitution Revision Commission, prescribed its membership, and specified its powers and duties. This measure also would have required the commission to submit a report to the Governor and the Legislature by April 30, 2010, that sets forth its findings with respect to the formulation and enactment of a state budget and recommendations for the improvement of that process. Additionally, the Commission would have been required to report on specified issues relating to the structure of state governance.  Status: Dead, Asm. Jud.

AJR 16 (Evans) Journalism shield laws.  This resolution urges Congress and the President to work together to enact a shield law for American journalists in order to preserve the free flow of information to the public arising from journalists' reliance on confidential sources.  Status: Res. Chapter 50, 2010.

SB 115 (Lowenthal) Public employees: loyalty oath.  This bill would have required that a public employee or employment applicant be permitted to take and sign a modified oath of office based on the employee’s or applicant’s moral, ethical, or religious beliefs that conflict with his or her ability to take such oath without mental reservation, so long as he or she is willing and able to uphold the Constitutions of the United States and California.  The bill would have exempted a public official who is elected or who serves at the pleasure of an elected official from this requirement.  Status: Vetoed.

SB 320 (Corbett) Judgments: foreign-country money judgments.  This bill adds to the list of exceptions from those foreign money judgments that may be recognized in California, a judgment for defamation obtained in a jurisdiction that does not provide at least as much protection for free expression as that provided under the Constitutions of both the United States and California.  This bill specifies a court’s jurisdiction to determine declaratory relief as well as personal jurisdiction over the person or entity who obtained the foreign-country judgment, as provided.  Status: Chapter 579. 2009.

SB 438 (Yee) Charter schools: freedom of speech and the press.  This bill clarifies that provisions regarding freedom of speech and expressive activities in public schools similarly apply to the state's charter schools. Specifically, this bill adds the term 'charter schools' to sections of the Education Code to make it explicitly clear that all schools, including charter schools, must grant students the liberty of expression including freedom of press without prior restraint or censorship, including administrative disciplinary action for that purpose.  Status: Chapter 142, 2010.

Personal Rights

AB 485 (Carter) Civil Air Patrol: California wing: employment leave.  This bill establishes the right to unpaid employment leave and other job protections for a volunteer member of the United States Civil Air Patrol (CAP) when the member responds to an authorized emergency operational mission as part of the California Wing of the CAP.  Specifically, the bill requires an employer with more than 15 employees to provide not less than 10 days per calendar year of unpaid leave to an employee responding to an emergency operational mission of the CAP, as specified.  Status: Chapter 242, 2009.

AB 943 (Mendoza) Employment: credit reports.  This bill would have prohibited the use of consumer credit reports in employment, unless (1) the information in the credit report is substantially job-related, where the applicant or promotion candidate would have access to money, other assets, or confidential information; and (2) the position sought is either managerial, a sworn peace officer, a position in a city or county government, or the information is already required by law.  This bill would have exempted financial institutions already subject to existing privacy requirements under federal law from these requirements.  Status: Vetoed.

AB 1000 (Ma and Skinner) Employment: paid sick days.  This bill would have required employers to provide paid sick days for an employee who works for seven or more days in a calendar year, as provided.  Among other things, this bill would also have prohibited an employer from denying an employee the right to use sick days and other specified actions intended to discourage employees from exercising this right.  Status: Dead, Asm. Approps.

AB 1090 (Monning) Arbitration.  This bill provides that existing ethical standards and requirements for neutral arbitrators are not subject to negotiation and may not be waived.  Status: Chapter 133, 2009.

AB 1185 (Lieu) Birth certificates: new issuance: venue.  This bill would have authorized an individual who has undergone a sex change operation to obtain, by court order, a new birth certificate reflecting his or her change of sex and any name change requested, from his or her county of birth, in addition to his or her county of residence.  Status: Vetoed.

AB 2243 (Smyth) Civil law: search and rescue dogs.  This bill clarifies the state's emergency services law to, among other things, prohibit discrimination against the handler of a search and rescue dog in hotels, lodging establishments, eating establishments, or public transportation.  Status: Chapter 92, 2010.

ACR 32 (Miller) Native American tribal rights.  This resolution would have reaffirmed state recognition of the sovereign status of federally recognized Indian tribes as separate and independent governmental and political communities, and would have made related declarations.  Status: Dead, Asm. Jud.

AJR 13 (Ammiano) Blood donation: discrimination.  This resolution urges the federal government to adopt science-based policies that repeal current Food and Drug Administration policies that prohibit men who have had sex with men from donating blood.  The resolution states that current FDA operates in an unfair and discriminatory manner against homosexual men as a group because of their status, without regard to whether screening of individual donors indicates any risk of transmitting disease via blood transfusion, and in any case is unnecessary given improvements in donor screening techniques.  Status: Res. Chapter 164, 2010.

SB 219 (Yee) Disclosure of improper governmental activities:  universities: damages.  This bill would have overturned the California Supreme Court’s decision in Miklosy v. The Regents of the University of California (2008) 44 Cal.4th 876, which establishes that a UC employee who is a whistleblower cannot sue for damages for retaliation where the University timely decided a retaliation complaint.  Instead, this bill would have authorized the employee to bring an action for recovery of damages if the University reached a decision regarding the complaint within the specified time limits.  Status: Vetoed.

SB 220 (Yee) Whistleblower protection.  This bill would have allowed a whistleblower employee who has filed an optional complaint with the State Personnel Board (SPB) to request withdrawal of the complaint after filing so that the SPB is relieved of the obligation to conduct an investigation if, as frequently occurs under existing law, the complaining party wishes to prosecute the matter as a civil action instead of pursuing the administrative process. More specifically, this bill would have permitted the SPB to issue a right-to-sue notice, upon request of the complainant, if timely requested within 10 days of submission of the written complaint, and would have specified the contents of the notice, the courts with jurisdiction, and the statute of limitations after an administrative complaint is withdrawn.  Status: Vetoed.

SB 650 (Yee) Disclosure of improper governmental activities: universities: damages.  This bill overturns the California Supreme Court's decision in Miklosy v. The Regents of the University of California (2008) 44 Cal.4th 876, which held that an employee of the University of California (UC) who is a whistleblower cannot sue for damages for retaliation where the University timely decided a retaliation complaint.  Instead, this bill authorizes an available action for damages or other legal remedies arising on or after January 1, 2011 for a UC employee or applicant for employment.  Status: Chapter 104, 2010.

SB 1304 (DeSaulnier) Employment: leave and benefits.  This bill requires private employers to permit employees to take paid leaves of absence, similar to those currently available to public employees, for the purposes of organ and bone marrow donations, and prohibits retaliation against employees who take this leave, as specified.  Status: Chapter 646, 2010.

SB 1411 (Simitian) Impersonation: Internet.  This bill creates a new misdemeanor for when a person knowingly and without consent credibly impersonates another actual person on the Internet, or other electronic means in order to harm, intimidate, threaten, or defraud another person.  This bill also provides that an aggrieved party may bring a civil action against the violator for compensatory damages and injunctive relief.  Status: Chapter 335, 2010.

Privacy Rights

AB 32 (Lieu) Public officials: personal information.  This bill requires 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 any Internet Web site maintained by the recipient of the written demand.  This bill allows an elected or appointed official to designate an agent, as specified, who may make a written demand or seek enforcement of these posting requirements on behalf of the official, and requires the written demand 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.  Status: Chapter 403, 2009.

AB 130 (Jeffries) Vital records: marriage records.  This bill extends current limitations on the release and access of birth and death records to marriage records in order to prevent the unauthorized use of personal information.  More specifically, this bill requires the State Registrar to keep comprehensive marriage record indices confidential and exempt from the Public Records Act, except as specified.  This bill authorizes only the couple getting married, their immediate family, and law enforcement to have access to certified copies of marriage records, while all other individuals may be provided only with an informational certified copy, designated in large type as such and also redacted to remove any signatures.  Status: Chapter 412, 2009.

AB 168 (Nava) Juvenile case files: sexually violent predator proceedings.  This bill would have authorized the Department of Corrections and Rehabilitation, the Department of Mental Health, and the district attorney to access court-sealed records of sustained juvenile petitions for specified sex offenses of a person 14 years or older, in an action, investigation or proceeding based on the sexually violent predator (SVP) law, as specified.  This bill also would have added certain specified offenses to the existing exceptions from existing law requiring the destruction of juvenile records upon the person reaching the age of 38.  Status: Dead, Asm. Approps.

AB 261 (Salas) Pupil records: privacy rights.  This bill would have amended the Education Code to conform with the federal Family Education Rights and Privacy Act (FERPA) requirements relating to the confidentiality of pupil records.  Among other things, this bill would have changed exceptions to the prohibition on a school district providing access to pupil record information to conform more closely to federal statute and regulation, and would have provided an exception for state and local officials to whom information may be reported or disclosed pursuant to state law.  Status: Vetoed.

AB 428 (Fletcher and Ma) Criminal history records.  This bill adds foreign governments to the list of entities to which the Attorney General has explicit authority to release criminal records, provided that the release is requested by the individual who is the subject of the record and is done for the purposes of adopting a foreign national child.  This bill also allows a person to obtain a copy of their own state summary criminal history information from the Department of Justice through submission of that individual’s fingerprints, and additional information as defined by the department, for purposes of attempting to adopt a minor foreign national.  Status: Chapter 441, 2009.

AB 520 (Carter) Public records.  This bill would have authorized a superior court to issue a protective order limiting the number and scope of requests for information that a requestor may make under the Public Records Act. The bill would have required the court, in issuing the order, to determine that the requestor has sought records under the Act for an improper purpose, including, but not limited to, the harassment of a public agency or its employees. Status: Dead, Asm. Jud.

AB 524 (Bass) Privacy.  This bill provides that a person who sells, transmits, publishes, or broadcasts an image, recording, or physical impression of someone engaged in a personal or familial activity violates the state’s “invasion of privacy” statute if that person has actual knowledge that the image, recording, or impression was unlawfully obtained, and provided compensation or other consideration for the use of, or rights to, the unlawfully obtained images or recordings.  This bill also provides that a person who violates the statute, or who directs, solicits, actually induces, or actually causes another person to violate any of those provisions is subject to a civil fine of not less than $5,000 and not more than $50,000.  Status: Chapter 449, 2009.

AB 585 (Duvall) Deceased personalities.  This bill amends the definition of "deceased personality" for the purposes of the statute authorizing a civil action for wrongful appropriation to include any natural person whose name, voice, signature, photograph, or likeness has commercial value either at the time of the person's death, or because of the person's death.  Status: Chapter 20, 2010.

AB 632 (Davis) Internet-based social networking: privacy.  This bill would have required a social networking Internet website to provide a disclosure to users that an image which is uploaded onto the website is capable of being copied, without consent, by persons who view the image, or copied in violation of the privacy policy, terms of use, or other policy of the site.  This bill would have required the disclosure to be in at least one location, including, but not limited to, the privacy policy, terms of use, or upload page.  Status: Vetoed.

AB 681 (Hernandez) Confidentiality of medical information: psychotherapy.  This bill, with specified exceptions, permits a health care provider to disclose information about a patient’s participation in outpatient psychotherapy when the patient’s psychotherapist believes, in good faith, that disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim.  The bill authorizes the health care provider to make this disclosure without requiring a written signed request from the entity requesting the information.  Status: Chapter 464, 2009.

AB 952 (Krekorian) Health information: disclosure: Taft-Hartley plans.  This bill permits a health care provider, health care service plan, or contractor to disclose medical information to an employee welfare benefit plan formed under the federal Taft-Hartley Act if the disclosure meets specified conditions, including that it is for the purpose of determining eligibility, coordinating benefits, or to allow the employee welfare benefit plan to advocate on behalf of the patient or enrollee, as specified.  This bill also permits the disclosure of medical information to an entity contracting with the employee welfare benefit plan for services, as specified.  Status: Chapter 493, 2009.

AB 1010 (Galgiani) Internet.  This bill would have required an Internet company to remove visual material that depicts the commission of a violent or serious felony, as specified, upon the written or electronic request of the victim, next of kin, member of the victim’s immediate family, or a representative designated by the victim or victim’s immediate family.  Status: Dead, Asm. Jud.

AB 1222 (Lowenthal) California State University: alumni: disclosure.  This bill would have extended, for five additional years, the sunset date on current law which permits the California State University and the University of California to disclose the names, addresses, and e-mail addresses of alumni to their “affinity partners” (nonaffiliated businesses with whom the university has a contractual agreement to, among other things, offer commercial products and services to alumni), subject to specified privacy requirements.  Status: Vetoed.

AB 1644 (Nielsen) Veterans' remains.  This bill requires a cemetery authority, cemetery corporation or association, or other entity in possession of cremated remains to release to a veterans' remains organization, as defined, personal information regarding the identity of a deceased veteran or dependent of a veteran for the purpose of establishing veteran burial entitlement.  This bill also authorizes the entity in possession of cremated remains to release the remains to the veterans' remains organization, as specified, for the purpose of interment, and provides for limited exemption from civil liability with respect to this transaction.  Status: Chapter 189, 2010.

AB 1971 (Lowenthal) CSU and UC alumni disclosure.  This bill extends the sunset date, until January 1, 2016, on a current law that permits the California State University and the University of California to disclose the names, addresses, and e-mail addresses of alumni to their "affinity partners" with whom they contract to, among other things, offer commercial products and services to alumni, subject to certain privacy requirements.  This bill deletes the Hastings College of Law from these provisions.  Status: Chapter 204, 2010.

AB 2028 (Hernandez) Confidentiality of medical information: disclosure.  This bill amends the Confidentiality of Medical Information Act to expressly authorize mandated reporters of child abuse and neglect and elder and dependent adult abuse to subsequently disclose requested information to the agency investigating the report of abuse or neglect.  This bill exempts information disclosed by a psychotherapist who is required to make a report from existing law's requirement that the entity requesting the information meet certain request and notification requirements. Status:  Chapter 540, 2010. 

AB 2112 (Monning) Prescription Privacy Record Act.  This bill would have prohibited  a person or entity from selling or releasing  to a third party any physician prescribing data for marketing purposes, as defined, subject to certain exceptions. The bill also would have imposed administrative fines on a person or entity that knowingly failed to comply with these provisions.  Status:  Dead, Asm. Health.

AB 2315 (Conway) Government tort claims.  This bill would have required sensitive personal information to be provided to the government by crime victims, businesses, and others who have claims for injury against state and local government agencies.  Specifically, this bill would have required, upon request of the public entity or its representative, a claimant whose claim includes past or future medical treatment to provide his or her social security number, Medicare health insurance claim number, any alternate name, date of birth, and gender within 30 days of the request.  Status: Dead, Asm. Jud.

AB 2479 (Bass) Privacy: false imprisonment: damages.  This bill provides that a person who commits "false imprisonment" with the intent to capture any type of visual image, sound recording, or other physical impression of a plaintiff is subject to liability under the civil invasion of privacy statute and, as such, liable for damages and remedies available pursuant to that statute, as specified.  The bill provides further that a person who engages in reckless driving and related actions while attempting to capture a visual image or other impression of another person will be subject to heightened penalties.  Status: Chapter 685, 2010.

AB 2559 (Perez) Social Security numbers.  This bill would have prohibited a state agency, as defined, from requiring an applicant for any benefit, service, or privilege, or for participation in any program to provide his or her social security number unless the agency is otherwise expressly required by law to require that the applicant provide the social security number as a precondition to participation in the program or for receipt of the benefit, service, or privilege. Status: Dead, Asm. Jud.

SB 20 (Simitian) Personal information: privacy.  This bill would have required that the existing notice required under California's data security breach law must contain specified information, including contact information regarding the breach, the types of information breached, and the date, estimated date, or date range of the breach, and would have required a copy of the notice to be sent to appropriate state agencies, as specified.  Status: Vetoed.

SB 40 (Correa) Personal information: social security numbers.  This bill imposes a number of restrictions on the use of social security numbers in public records.  Specifically, this bill provides that a document containing more than the last four digits of social security numbers is not entitled for recording beginning January 1, 2010, and provides that a recorder shall be deemed to be in compliance if he or she uses due diligence to truncate social security numbers in documents presented for recordings, as specified.  This bill also requires an abstract of judgment to contain only the last four digits of the social security number of the party who is ordered to pay spousal, child, or family support.  Status: Chapter 552, 2009.

SB 748 (Leno) Witness Relocation and Assistance Program: address records.  This bill further protects people participating in the Witness Relocation and Assistance Program by prohibiting their addresses and telephone numbers from being posted on the Internet, as specified.  This bill additionally provides for injunctive and declaratory relief, including court costs and attorney's fees, the ability to bring a civil action for damages, and various criminal penalties.  Status: Chapter 613, 2009.

SB 909 (Wright) Investigative reporting agencies: disclosures.  This bill requires a person (i.e., a prospective employer) who procures an investigative consumer report for employment purposes to disclose to the consumer (i.e., an applicant) the Internet Web site of the investigative consumer reporting agency.  This bill would also require the agency to conspicuously post on its Internet Web site its privacy policy, including information as to whether reports are prepared or processed outside of the United States or its territories.  Status:  Chapter 481, 2010.

SB 1166 (Simitian) Personal information: privacy.  This bill would have required any agency, person, or business that is required to issue a security breach notification under to include specified information in the notice.  The bill would also require that, when substitute notice is used, a copy of the notice be sent to the Attorney General's Office, as specified.  Status: Vetoed.

SB 1268 (Simitian) Electronic tolls: disclosure of personal information.  This bill prohibits, subject to certain exceptions, a transportation agency from selling or otherwise providing personally identifiable information of a person who subscribes to an electronic toll collection system. This bill establishes time frames for periodically purging such information.  Status: Chapter 489, 2010.

SB 1476 (Padilla) Public utilities: customer privacy.  This bill requires an investor-owned utility (IOU) or publicly owned utility (POU) using advanced metering (smart meters) to protect consumers' energy usage data from an unauthorized access or disclosure, as specified.  This bill also deletes a pilot project relating to the relative value to ratepayers of information, rate design, and metering innovations.  Status: Chapter 497, 2010.

Voting Rights

AB 1326 (Huffman) Voter registration: action to compel registration.  This bill would have authorized a qualified elector, or the county elections official, to bring an action in superior court to compel registration of that elector when he or she claims to have completed an affidavit of registration and deposited that affidavit of registration with a third party, with the intent that the third party timely deliver the completed affidavit of registration to the county elections official on behalf of the qualified elector, if requested in writing by the elector.  Status: Vetoed.

AB 2330 (Arambula) California Voting Rights Act of 2001.  This bill would have imposed new limits on enforcement of state voting rights law for selected local government educational districts, by prohibiting an action by a voter to enforce the obligations of the California Voting Rights Act against a non-complying school district, county office of education, or community college district, unless the voter first presented a written claim to the district, office or community college.  Status: Dead, Asm. Jud.

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