California 2017-2018 Regular Session Status: Enacted

SB 1121 — California Consumer Privacy Act of 2018.

Last action — Chaptered by Secretary of State. Chapter 735, Statutes of 2018.

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  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 13, 2018. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 12 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, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customer's personal information in order to carry out specified acts. The act requires a business that collects personal information about a consumer to disclose the consumer's right to delete personal information described above on its Internet Web site or in its online privacy policy or policies. This bill would modify that requirement by requiring a business that collects personal information about a consumer to disclose the consumer's right to delete personal information in a form that is reasonably accessible to consumers and in accordance with a specified process. (2) The act establishes several exceptions to the requirements imposed, and rights granted, by the act, including prohibiting the act from being interpreted to restrict the ability of a business to comply with federal, state, or local laws, and by providing that the act does not apply if it is in conflict with the California Constitution. This bill would provide that the rights afforded to consumers and the obligations imposed on any business under the act does not apply if those rights or obligations would infringe on the noncommercial activities of people and entities described in a specified provision of the California Constitution addressing activities related to newspapers and periodicals. The bill would also prohibit application of the act to personal information collected, processed, sold, or disclosed pursuant to a specified federal law relating to banks, brokerages, insurance companies, and credit reporting agencies, among others, and would also except application of the act to that information pursuant to the California Financial Information Privacy Act. The bill would provide that these exceptions, and the exception provided to information collected, processed, sold, or disclosed pursuant to the Driver's Privacy Protection Act of 1994, do not apply to specific provisions of the act related to unauthorized theft and disclosure of information. The bill would revise and expand the exception provided for medical information, would except a provider of health care or a covered entity, and would also except information collected as part of clinical trials, as specified. The bill would also clarify that the act does not apply if it is in conflict with the United States Constitution. (3) The act generally provides for its enforcement by the Attorney General, but also provides for a private right of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information, as defined for this purpose, provided that the consumer bringing an action notify the Attorney General of the action in accordance with a specified process. The act provides that a business, service provider, or other person who violates its provisions, and fails to cure those violations within 30 days, is liable for a civil penalty under laws relating to unfair competition in an action to be brought by the Attorney General. The act prescribes a formula for allocating civil penalties and settlements assessed in these actions with 80% to be allocated to the jurisdictions of the behalf of which the action was brought. This bill would clarify that the only private right of action permitted under the act is the private right of action described above for violations of unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information and would delete the requirement that a consumer bringing a private right of action notify the Attorney General. The bill would remove references to laws relating to unfair competition in connection with Attorney General actions described above. The bill would limit the civil penalty to be assessed in an Attorney General action in this context to not more than $2,500 per violation or $7,500 per each intentional violation and would specify that an injunction is also available as remedy. The bill would eliminate the formula for allocating penalties and settlements and would instead provide that all of these moneys be deposited in the Consumer Privacy Fund with the intent to offset costs incurred by the courts and the Attorney General in connection with the act. The bill would also revise timelines and requirements regarding the promulgation of regulations by the Attorney General in connection with the act. (4) The act makes its provisions operative on January 1, 2020, provided a specified contingency is satisfied. Provisions of the act supersede and preempt laws adopted by local entities regarding the collection and sale of a consumer's personal information by a business. This bill would make the provisions of the act that supersede and preempt laws adopted by local entities, as described above, operative on the date the bill becomes effective. (5) This bill would also make various technical and clarifying changes to the act. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 735, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 6194.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 6200.)

  7. From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6189.) Re-referred to Com. on JUD.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Urgency clause adopted. Passed. Ordered to the Senate.

  11. Assembly Rule 63 suspended.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 12. Noes 0.) (August 31).

  14. Joint Rule 62(a) suspended.

  15. August 29 hearing postponed by committee.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (August 28). Re-referred to Com. on APPR.

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

  18. Re-referred to Coms. on P. & C.P. and APPR. pursuant to Assembly Rule 77.2.

  19. Ordered to third reading.

  20. Read third time and amended. (Ayes 65. Noes 0. Page 6564.)

  21. Assembly Rule 69 suspended. (Ayes 50. Noes 24. Page 6563.)

  22. Read second time. Ordered to third reading.

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

  24. From committee: Do pass as amended. (Ayes 9. Noes 0.) (July 3).

  25. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 3.) (June 19). Re-referred to Com. on P. & C.P.

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

  27. Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.

  28. Referred to Coms. on P. & C.P. and JUD.

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

  30. Read third time. Passed. (Ayes 22. Noes 13. Page 4395.) Ordered to the Assembly.

  31. Read second time. Ordered to third reading.

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

  33. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4304.) (May 25).

  34. Set for hearing May 25.

  35. May 14 hearing: Placed on APPR. suspense file.

  36. Set for hearing May 14.

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

  38. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 4814.) (April 24).

  39. Set for hearing April 24.

  40. May 1 set for first hearing canceled at the request of author.

  41. Set for hearing May 1.

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

  43. Referred to Coms. on JUD. and APPR.

  44. From printer. May be acted upon on or after March 16.

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

Sponsors

  • Chau · Cosponsor
  • Dodd · Primary
  • Hertzberg · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

  • Dodd

Co-sponsors (2)

  • Chau
  • Hertzberg

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

SB 1121 Dodd Third Reading Urgency

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Voepel — Yea
Weber — Yea
Low — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Medina — Yea
Fong — Yea
Salas — Yea
Melendez — Yea
Chau — Yea
Chu — Yea
Mullin — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Burke — Yea
Gray — Yea
Friedman — Yea
Rubio — Yea
Rivas — Yea
Holden — Yea
Kamlager-Dove — Yea
Kiley — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Baker — Yea
Bigelow — Yea
Steinorth — Yea
Waldron — Yea
Wood — Yea
Cooper — Yea
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Unfinished Business SB1121 Dodd et al. Urgency Clause Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Lara — Yea
Monning — Yea
Vidak — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
Galgiani — Yea
Chang — Yea
Delgado — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Dodd — Yea
De León — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 2001
Republican 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Eggman — Not Voting
Friedman — Not Voting
Fong — Yea
Gonzalez Fletcher — Yea
Nazarian — Not Voting
Obernolte — Yea
Bigelow — Yea
Chau — Yea
Quirk — Yea
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 5000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Baker — Yea
Mullin — Yea
Chau — Yea
Kiley — Yea
Obernolte — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

SB 1121 Dodd Senate Third Reading Amend By CHAU Set #1

Passed 65 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 49009
Democratic 12004
Republican 4002
Total 650015
% of votes cast 81%0%0%19%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Harper — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Not Voting
Rodriguez — Yea
Steinorth — Not Voting
Thurmond — Yea
Waldron — Yea
Chiu — Not Voting
Chávez — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Salas — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Yea
Rubio — Yea
Levine — Yea
Rivas — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Fong — Not Voting
Nazarian — Not Voting
Weber — Not Voting
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

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

Passed 6 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4301
Democratic 2000
Total 6301
% of votes cast 60%30%0%10%
How each member voted (10)
Member Party Vote
Holden — Yea
Kiley — Nay
Maienschein — Nay
Gonzalez Fletcher — Yea
Chau — Not Voting
Chiu — Yea
Cunningham — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

3rd Reading

Passed 22 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 181204
Democratic 4100
Total 221304
% of votes cast 56%33%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Hertzberg — Yea
Morrell — Nay
Nielsen — Nay
Skinner — Yea
Wieckowski — Yea
Cannella — Nay
Galgiani — Not Voting
De León — Yea
Allen — Yea
Atkins — Yea
Fuller — Nay
Portantino — Yea
Mitchell — Yea
Dodd — Yea
Glazer — Not Voting
Hernandez — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Newman — Not Voting
Pan — Not Voting
Roth — Yea
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does SB 1121 do?
(1) Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customer's personal information in order to carry out specified acts. The act requires a business that collects personal information about a consumer to disclose the consumer's right to delete personal information described above on its Internet Web site or in its online privacy policy or policies. This bill would modify that requirement by requiring a business that collects personal information about a consumer to disclose the consumer's right to delete personal information in a form that is reasonably accessible to consumers and in accordance with a specified process. (2) The act establishes several exceptions to the requirements imposed, and rights granted, by the act, including prohibiting the act from being interpreted to restrict the ability of a business to comply with federal, state, or local laws, and by providing that the act does not apply if it is in conflict with the California Constitution. This bill would provide that the rights afforded to consumers and the obligations imposed on any business under the act does not apply if those rights or obligations would infringe on the noncommercial activities of people and entities described in a specified provision of the California Constitution addressing activities related to newspapers and periodicals. The bill would also prohibit application of the act to personal information collected, processed, sold, or disclosed pursuant to a specified federal law relating to banks, brokerages, insurance companies, and credit reporting agencies, among others, and would also except application of the act to that information pursuant to the California Financial Information Privacy Act. The bill would provide that these exceptions, and the exception provided to information collected, processed, sold, or disclosed pursuant to the Driver's Privacy Protection Act of 1994, do not apply to specific provisions of the act related to unauthorized theft and disclosure of information. The bill would revise and expand the exception provided for medical information, would except a provider of health care or a covered entity, and would also except information collected as part of clinical trials, as specified. The bill would also clarify that the act does not apply if it is in conflict with the United States Constitution. (3) The act generally provides for its enforcement by the Attorney General, but also provides for a private right of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information, as defined for this purpose, provided that the consumer bringing an action notify the Attorney General of the action in accordance with a specified process. The act provides that a business, service provider, or other person who violates its provisions, and fails to cure those violations within 30 days, is liable for a civil penalty under laws relating to unfair competition in an action to be brought by the Attorney General. The act prescribes a formula for allocating civil penalties and settlements assessed in these actions with 80% to be allocated to the jurisdictions of the behalf of which the action was brought. This bill would clarify that the only private right of action permitted under the act is the private right of action described above for violations of unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information and would delete the requirement that a consumer bringing a private right of action notify the Attorney General. The bill would remove references to laws relating to unfair competition in connection with Attorney General actions described above. The bill would limit the civil penalty to be assessed in an Attorney General action in this context to not more than $2,500 per violation or $7,500 per each intentional violation and would specify that an injunction is also available as remedy. The bill would eliminate the formula for allocating penalties and settlements and would instead provide that all of these moneys be deposited in the Consumer Privacy Fund with the intent to offset costs incurred by the courts and the Attorney General in connection with the act. The bill would also revise timelines and requirements regarding the promulgation of regulations by the Attorney General in connection with the act. (4) The act makes its provisions operative on January 1, 2020, provided a specified contingency is satisfied. Provisions of the act supersede and preempt laws adopted by local entities regarding the collection and sale of a consumer's personal information by a business. This bill would make the provisions of the act that supersede and preempt laws adopted by local entities, as described above, operative on the date the bill becomes effective. (5) This bill would also make various technical and clarifying changes to the act. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1121?
SB 1121 is sponsored by Chau, Dodd, and Hertzberg.
What is the current status of SB 1121?
This bill has been enacted into law. Introduced February 13, 2018. Enacted.
Where can I track SB 1121?
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