California 2015-2016 Regular Session Status: Enacted

AB 964 — Civil law: privacy.

Last action — Chaptered by Secretary of State - Chapter 522, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 26, 2015. 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 8 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

Existing law requires a person or business conducting business in California, or any state or local agency, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, a 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 requires the disclosure to be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. This bill would define "encrypted" for purpose of these provisions to mean rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information technology. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 34 and SB 570 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 34 and SB 570 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 522, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 11. Page 2946.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 2472.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Reconsideration granted. (Ayes 37. Noes 0. Page 2332.)

  10. Motion to reconsider made by Senator Jackson.

  11. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 2330.).

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 1.) (July 7).

  14. Referred to Com. on JUD.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 7. Page 1848.)

  17. Read third time and amended. Ordered to third reading. (Page 1629.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 11. Noes 4.) (May 20).

  20. Re-referred to Com. on APPR.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 30).

  25. Re-referred to Com. on P. & C.P.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. Re-referred to Com. on P. & C.P.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  30. Referred to Com. on P. & C.P.

  31. From printer. May be heard in committee March 29.

  32. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Chau

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

Passed 63 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 59903
Democratic 4000
Republican 0203
Total 631106
% of votes cast 79%14%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Linder — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Mullin — Yea
Quirk — Yea
Santiago — Yea
Wagner — Nay
Eggman — Not Voting
Gatto — Yea
Campos — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Salas — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Alejo — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Wilk — Yea
Frazier — Yea
Burke — Yea
Atkins — Yea
Gordon — Yea
Harper — Nay
Holden — Yea
Kim — Nay
Levine — Yea
Chang — Not Voting
Melendez — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Not Voting
Cooley — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
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 Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Democratic 3000
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Hill — Yea
Lara — Yea
Monning — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Runner — Not Voting
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Bates — Nay
Beall — Not Voting
Block — Yea
Hueso — Yea
Huff — Nay
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wolk — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Passed 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231103
Democratic 3000
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Bates — Nay
Beall — Yea
Lara — Yea
Morrell — Nay
Pavley — Yea
Vidak — Nay
Wolk — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Hall — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Runner — Nay
Fuller — Nay
Hertzberg — Not Voting
Huff — Nay
Anderson — Nay
Moorlach — Nay
Wieckowski — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 3000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Monning — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Fuller — Not Voting
Galgiani — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
Runner — Yea
Hernandez — Yea
De León — Not Voting
Hertzberg — Not Voting
Bates — Yea
Beall — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Not Voting
Hertzberg — Yea
Leno — Yea
Monning — Yea
Moorlach — Nay
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Passed 69 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 62602
Democratic 4000
Republican 3102
Total 69704
% of votes cast 86%9%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Brough — Yea
Brown — Yea
Harper — Nay
Jones-Sawyer — Yea
Linder — Not Voting
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Olsen — Yea
Rodriguez — Yea
Thurmond — Yea
Wilk — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Atkins — Yea
Mullin — Yea
O'Donnell — Yea
Alejo — Yea
Bloom — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Kim — Nay
Melendez — Nay
Bigelow — Nay
Chang — Not Voting
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — 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 Yea
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 2000
Republican 0101
Total 11402
% of votes cast 65%24%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Eggman — Yea
Chang — Nay
Gomez — Yea
Daly — Not Voting
Holden — Yea
Rendon — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 7 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Democratic 1000
Republican 0001
Total 7103
% of votes cast 64%9%0%27%
How each member voted (11)
Member Party Vote
Low — Yea
Gatto — Yea
Gordon — Yea
Chang — Not Voting
Baker — Not Voting
Chau — Yea
Cooper — Yea
Dababneh — Yea
Wilk — Nay
Calderon, Lisa Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 964 do?
Existing law requires a person or business conducting business in California, or any state or local agency, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, a 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 requires the disclosure to be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. This bill would define "encrypted" for purpose of these provisions to mean rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information technology. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 34 and SB 570 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 34 and SB 570 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last.
Who sponsors AB 964?
AB 964 is sponsored by Chau.
What is the current status of AB 964?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 964?
Track AB 964 free on One Click Politics — get push/email alerts when it moves.

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