California 2015-2016 Regular Session Status: Enacted

SB 34 — Automated license plate recognition systems: use of data.

Last action — Chaptered by Secretary of State. Chapter 532, Statutes of 2015.

  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 December 01, 2014. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an "ALPR end-user," as defined. The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 532, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 25. Noes 11. Page 2494.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 71. Noes 5. Page 2843.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 14. Noes 3.) (August 19).

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 7).

  13. (Corrected July 9).

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.

  15. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 13. Noes 1.) (June 22). Re-referred to Com. on P. & C.P.

  16. Referred to Coms. on TRANS. and P. & C.P.

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

  18. Read third time. Passed. (Ayes 25. Noes 12. Page 930.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 5. Noes 2. Page 884.) (May 4).

  21. Set for hearing May 4.

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

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2. Page 619.) (April 14).

  24. Set for hearing April 14.

  25. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 2. Page 526.) (April 7). Re-referred to Com. on JUD.

  26. Set for hearing April 7.

  27. Referred to Coms. on T. & H. and JUD.

  28. From printer. May be acted upon on or after January 1.

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

Sponsors

  • Gatto · Cosponsor
  • Hill · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 7 voted No

Sponsors (1)

  • Hill

Co-sponsors (1)

  • Gatto

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB34 Hill Concurrence

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 1101
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Pan — Yea
Fuller — Nay
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Cannella — Yea
Runner — Nay
Hall — Yea
Hernandez — Yea
Bates — Nay
Beall — Not Voting
Hertzberg — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Not Voting
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Not Voting
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 34 Hill Senate Third Reading By GATTO

Passed 71 Yea · 5 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65303
Democratic 4000
Republican 2201
Total 71504
% of votes cast 89%6%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
O'Donnell — Yea
Perea — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Wagner — Nay
Wilk — Yea
Eggman — Yea
Chávez — Yea
Gatto — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Yea
Holden — Yea
Lopez — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Atkins — Yea
Melendez — Not Voting
Mullin — Yea
Nazarian — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12100
Democratic 2000
Republican 0200
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Yea
Bigelow — Nay
Daly — Yea
Quirk — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13102
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Achadjian — Yea
Kim — Not Voting
Linder — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Chu — Yea
Frazier — Yea
Campos — Yea
Baker — Not Voting
Bloom — Yea
Daly — Yea
Dodd — Yea
Melendez — Nay
Gomez — Yea
Eduardo Garcia — Yea

Official roll call →

3rd Reading

Passed 25 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 2100
Total 251202
% of votes cast 64%31%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hueso — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Fuller — Not Voting
Galgiani — Yea
Cannella — Yea
Allen — Yea
Hall — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Runner — Nay
Hertzberg — Yea
Bates — Nay
Beall — Yea
Block — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Liu — Not Voting
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Bates — Nay
Nielsen — Nay

Official roll call →

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does SB 34 do?
(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an "ALPR end-user," as defined. The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last.
Who sponsors SB 34?
SB 34 is sponsored by Gatto and Hill.
What is the current status of SB 34?
This bill has been enacted into law. Introduced December 01, 2014. Enacted.
Where can I track SB 34?
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