California 2011-2012 Regular Session Status: Enacted

SB 602 — Reader Privacy Act.

Last action — Chaptered by Secretary of State. Chapter 424, Statutes of 2011.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. The act provides that all registration and circulation records of any library that is in whole or in part supported by public funds are confidential and shall not be disclosed to any person, except as provided. Existing law protects the privacy of personal information, including customer records, and requires a business that owns or licenses personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. The Civil Discovery Act generally provides for the scope of discovery in civil actions and proceedings, and permits a party to a civil action to obtain discovery by inspecting documents, tangible things, and land or other property in the possession of any other party to the action. This bill would enact the Reader Privacy Act, which would, among other things, prohibit a commercial provider of a book service, as defined, from disclosing, or being compelled to disclose, any personal information relating to a user of the book service, subject to certain exceptions. The bill would require a provider to disclose personal information of a user only if a court order has been issued, as specified, and certain other conditions have been satisfied. The bill would also require a provider to disclose a user's personal information if the user has consented to the disclosure, and would authorize a provider to disclose a user's personal information to a government entity, as defined, if an imminent danger of death or serious physical injury exists, as specified, or if the provider in good faith believes the information is directly relevant to a crime against the provider or user. The bill would require a provider, upon request by a law enforcement entity, to preserve records and other evidence in its possession of a user's personal information pending issuance of a court order or warrant. The bill would impose civil penalties on a provider of a book service for knowingly disclosing a user's personal information to a government entity in violation of these provisions, except as otherwise provided. The bill would require a provider of a book service, except as specified, to prepare a specified report relating to demands for disclosure of personal information of users of the book service, and to publish that information in a searchable format on the Internet, or, if the provider does not have an Internet Web site, to either prominently post the report on its premises or send the report annually to the Office of Privacy Protection. The bill would specify additional requirements for publishing the report for a provider that collects personally identifiable information through the Internet about individual consumers in the state.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 424, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:45 a.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2242.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 61. Noes 13. Page 2740.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2639.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 17).

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 21).

  15. Hearing postponed by committee.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  17. Referred to Com. on JUD.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 40. Noes 0. Page 902.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

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

  22. Set for hearing May 2.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 642.) (April 12).

  25. Set for hearing April 12.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  27. Re-referred to Com. on JUD.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after March 20.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Yee

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB602 Yee Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Hancock — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Walters — Yea
Wolk — Yea
Lowenthal — Yea
Fuller — Yea
De León — Yea
Negrete McLeod — Yea
Cannella — Yea
DeSaulnier — Yea
Pavley — Yea
Price — Yea
Yee — Yea
Rubio — Yea
Runner — Yea
Corbett — Yea
Vargas — Yea
Dutton — Yea
Alquist — Not Voting
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 602 Yee Senate Third Reading By MONNING

Passed 61 Yea · 13 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 601106
Democratic 1000
Total 611306
% of votes cast 76%16%0%8%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Williams — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Not Voting
Fletcher — Yea
Gorell — Not Voting
Hagman — Yea
Chesbro — Yea
Halderman — Nay
Bonilla — Yea
Atkins — Yea
Harkey — Yea
Conway — Yea
Hayashi — Yea
Davis — Yea
Ammiano — Yea
Block — Yea
Dickinson — Yea
Donnelly — Nay
Hueso — Yea
Huffman — Yea
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Morrell — Nay
Nielsen — Yea
Norby — Nay
Pan — Yea
Silva — Yea
Smyth — Not Voting
Solorio — Yea
Torres — Nay
Valadao — Yea
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Not Voting
Nestande — Yea
Olsen — Nay
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Cook — Yea
Eng — Yea
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Campos — Yea
Hill — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Wagner — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cannella — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Yea
Anderson — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Huff — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 602 do?
The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. The act provides that all registration and circulation records of any library that is in whole or in part supported by public funds are confidential and shall not be disclosed to any person, except as provided. Existing law protects the privacy of personal information, including customer records, and requires a business that owns or licenses personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. The Civil Discovery Act generally provides for the scope of discovery in civil actions and proceedings, and permits a party to a civil action to obtain discovery by inspecting documents, tangible things, and land or other property in the possession of any other party to the action. This bill would enact the Reader Privacy Act, which would, among other things, prohibit a commercial provider of a book service, as defined, from disclosing, or being compelled to disclose, any personal information relating to a user of the book service, subject to certain exceptions. The bill would require a provider to disclose personal information of a user only if a court order has been issued, as specified, and certain other conditions have been satisfied. The bill would also require a provider to disclose a user's personal information if the user has consented to the disclosure, and would authorize a provider to disclose a user's personal information to a government entity, as defined, if an imminent danger of death or serious physical injury exists, as specified, or if the provider in good faith believes the information is directly relevant to a crime against the provider or user. The bill would require a provider, upon request by a law enforcement entity, to preserve records and other evidence in its possession of a user's personal information pending issuance of a court order or warrant. The bill would impose civil penalties on a provider of a book service for knowingly disclosing a user's personal information to a government entity in violation of these provisions, except as otherwise provided. The bill would require a provider of a book service, except as specified, to prepare a specified report relating to demands for disclosure of personal information of users of the book service, and to publish that information in a searchable format on the Internet, or, if the provider does not have an Internet Web site, to either prominently post the report on its premises or send the report annually to the Office of Privacy Protection. The bill would specify additional requirements for publishing the report for a provider that collects personally identifiable information through the Internet about individual consumers in the state.
Who sponsors SB 602?
SB 602 is sponsored by Yee.
What is the current status of SB 602?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track SB 602?
Track SB 602 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 602

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 602

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →