SB 980 — Privacy: genetic testing companies.
Last action — In Senate. Consideration of Governor's veto pending.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law, the California Consumer Privacy Act of 2018, provides various protections to a consumer with respect to a business that collects the consumer's personal information, including biometric information such as the consumer's deoxyribonucleic acid (DNA) . The act requires a business that collects a consumer's personal information to, at or before the point of collection, inform the consumer as to the categories of personal information to be collected and the purposes for which the information will be used, and grants to a consumer the right to opt-out of the sale of the consumer's personal information by the business to a third party. Existing law also prohibits the disclosure by a health care service plan of the results of a test for a genetic characteristic to a third party in a manner that identifies or provides identifying characteristics of the person to whom the tests results apply, except pursuant to a written authorization. This bill would establish the Genetic Information Privacy Act, which would require a direct-to-consumer genetic testing company, as defined, or any other company that collects, uses, maintains, or discloses genetic data collected or derived from a direct-to-consumer genetic testing product or service, or provided directly by a consumer, to provide a consumer with certain information regarding the company's policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumer's express consent for collection, use, or disclosure of the consumer's genetic data, as specified. This bill would require a direct-to-consumer genetic testing company, or other company as described above, to honor a consumer's revocation of consent in accordance with certain procedures and to destroy a consumer's biological sample within 30 days of revocation of consent. The bill would further require a direct-to-consumer genetic testing company, or other company as described above, to comply with all applicable laws for disclosing genetic data to law enforcement without a consumer's express consent, implement and maintain reasonable security procedures and practices to protect a consumer's genetic data against unauthorized access, destruction, use, modification, or disclosure, and develop procedures and practices to enable a consumer to access their genetic data and to delete their account and genetic data, as specified. The bill would exclude the California newborn screening program from its provisions. This bill would impose civil penalties for a violation of those provisions, as specified. The bill would require actions for relief pursuant to these provisions to be prosecuted exclusively by the Attorney General, a district attorney, county counsel, city attorney, or city prosecutor, as specified, in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill Text
- Enrolled 09/03/20 - Enrolled Current pdf September 03, 2020
- Amended 08/25/20 - Amended Assembly pdf August 25, 2020
- Amended 08/10/20 - Amended Assembly pdf August 10, 2020
- Amended 08/03/20 - Amended Assembly pdf August 03, 2020
- Amended 07/27/20 - Amended Assembly pdf July 27, 2020
- Amended 06/18/20 - Amended Senate pdf June 18, 2020
- Amended 05/29/20 - Amended Senate pdf May 29, 2020
- Amended 04/30/20 - Amended Senate pdf April 30, 2020
- Amended 03/17/20 - Amended Senate pdf March 17, 2020
- Introduced 02/11/20 - Introduced pdf February 11, 2020
- SB980 View text html
Action History
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In Senate. Consideration of Governor's veto pending.
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Vetoed by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 69. Noes 0. Page 5307.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 15. Noes 1.) (August 20).
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August 18 set for first hearing. Placed on suspense file.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (August 4).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
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July 28 hearing postponed by committee.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
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July 14 hearing postponed by committee.
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Referred to Com. on P. & C.P.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 36. Noes 1. Page 3864.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 5. Noes 1. Page 3768.) (June 18).
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Set for hearing June 18.
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June 9 hearing: Placed on APPR. suspense file.
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Set for hearing June 9.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 3583.) (May 22).
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Referral to Com. on PUB. S. rescinded due to the shortened 2020 Legislative Calendar.
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Set for hearing May 22.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Referred to Coms. on JUD. and PUB. S.
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From printer. May be acted upon on or after March 13.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Thomas J. Umberg · Primary
- Rebecca Bauer-Kahan · Cosponsor
- Jesse Gabriel · Cosponsor
- Benjamin Allen · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No
Sponsors (1)
- Umberg, Thomas J. Democratic
Co-sponsors (3)
- Bauer-Kahan, Rebecca Democratic
- Gabriel, Jesse Democratic
- Allen, Benjamin Democratic
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 0 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Galgiani | — | Yea |
| Bates | — | Yea |
| Portantino | — | Yea |
| Rubio | — | Yea |
| Atkins | — | Yea |
| Wieckowski | — | Yea |
| Wilk | — | Yea |
| Hertzberg | — | Yea |
| Pan | — | Yea |
| Mitchell | — | Yea |
| Monning | — | Yea |
| Glazer | — | Yea |
| Borgeas | — | Yea |
| Beall | — | Yea |
| Hueso | — | Yea |
| Moorlach | — | Yea |
| Morrell | — | Yea |
| Leyva | — | Yea |
| Allen | — | Yea |
| Chang | — | Yea |
| Bradford | — | Yea |
| Melendez | — | Yea |
| Skinner | — | Yea |
| Dodd | — | Yea |
| Nielsen | — | Yea |
| Hill | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 44 | 0 | 0 | 7 |
| Democratic | 21 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 2 |
| Total | 69 | 0 | 0 | 10 |
| % of votes cast | 87% | 0% | 0% | 13% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Mayes | — | Yea |
| Weber | — | Yea |
| Mullin | — | Yea |
| Obernolte | — | Yea |
| Salas | — | Yea |
| Cunningham | — | Yea |
| O'Donnell | — | Yea |
| Rendon | — | Yea |
| Bloom | — | Yea |
| Gonzalez | — | Yea |
| Maienschein | — | Yea |
| Ting | — | Yea |
| Cooper | — | Yea |
| Kamlager | — | Yea |
| Nazarian | — | Yea |
| Brough | — | Yea |
| Friedman | — | Yea |
| Low | — | Yea |
| Diep | — | Yea |
| Cooley | — | Yea |
| Santiago | — | Yea |
| Chu | — | Yea |
| Chau | — | Yea |
| Waldron | — | Yea |
| Burke | — | Yea |
| Mathis | — | Yea |
| Kiley | — | Yea |
| Medina | — | Yea |
| Gloria | — | Yea |
| McCarty | — | Yea |
| Chiu | — | Yea |
| Quirk | — | Yea |
| Daly | — | Yea |
| Wood | — | Yea |
| Rodriguez | — | Yea |
| Holden | — | Yea |
| Smith | — | Yea |
| Eggman | — | Not Voting |
| Frazier | — | Not Voting |
| Gray | — | Not Voting |
| Fong | — | Not Voting |
| Bigelow | — | Not Voting |
| Voepel | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | 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 |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Not Voting |
| Chen, Phillip | Republican | Not Voting |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Unaffiliated | 8 | 1 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 15 | 1 | 0 | 2 |
| % of votes cast | 83% | 6% | 0% | 11% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Quirk | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Bloom | — | Yea |
| Chau | — | Yea |
| Eggman | — | Yea |
| Bigelow | — | Nay |
| Voepel | — | Not Voting |
| Fong | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Wendy Carrillo | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Friedman | — | Yea |
| Kiley | — | Yea |
| Chau | — | Yea |
| Obernolte | — | Yea |
| Wendy Carrillo | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Gallagher, James | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 2 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 1 | 1 | 0 | 1 |
| Total | 36 | 1 | 0 | 3 |
| % of votes cast | 90% | 3% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Chang | — | Yea |
| Leyva | — | Yea |
| Atkins | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Dodd | — | Yea |
| Hertzberg | — | Yea |
| Glazer | — | Yea |
| Borgeas | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Rubio | — | Yea |
| Wilk | — | Yea |
| Hill | — | Yea |
| Pan | — | Yea |
| Beall | — | Yea |
| Wieckowski | — | Yea |
| Bates | — | Yea |
| Monning | — | Yea |
| Melendez | — | Yea |
| Nielsen | — | Yea |
| Portantino | — | Yea |
| Moorlach | — | Yea |
| Bradford | — | Yea |
| Hueso | — | Yea |
| Mitchell | — | Not Voting |
| Galgiani | — | Not Voting |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Not Voting |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Wieckowski | — | Yea |
| Hill | — | Yea |
| Portantino | — | Yea |
| Bradford | — | Yea |
| Bates | — | Not Voting |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Wieckowski | — | Yea |
| Hill | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Bradford | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Borgeas | — | Not Voting |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 980 do?
- Existing law, the California Consumer Privacy Act of 2018, provides various protections to a consumer with respect to a business that collects the consumer's personal information, including biometric information such as the consumer's deoxyribonucleic acid (DNA) . The act requires a business that collects a consumer's personal information to, at or before the point of collection, inform the consumer as to the categories of personal information to be collected and the purposes for which the information will be used, and grants to a consumer the right to opt-out of the sale of the consumer's personal information by the business to a third party. Existing law also prohibits the disclosure by a health care service plan of the results of a test for a genetic characteristic to a third party in a manner that identifies or provides identifying characteristics of the person to whom the tests results apply, except pursuant to a written authorization. This bill would establish the Genetic Information Privacy Act, which would require a direct-to-consumer genetic testing company, as defined, or any other company that collects, uses, maintains, or discloses genetic data collected or derived from a direct-to-consumer genetic testing product or service, or provided directly by a consumer, to provide a consumer with certain information regarding the company's policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumer's express consent for collection, use, or disclosure of the consumer's genetic data, as specified. This bill would require a direct-to-consumer genetic testing company, or other company as described above, to honor a consumer's revocation of consent in accordance with certain procedures and to destroy a consumer's biological sample within 30 days of revocation of consent. The bill would further require a direct-to-consumer genetic testing company, or other company as described above, to comply with all applicable laws for disclosing genetic data to law enforcement without a consumer's express consent, implement and maintain reasonable security procedures and practices to protect a consumer's genetic data against unauthorized access, destruction, use, modification, or disclosure, and develop procedures and practices to enable a consumer to access their genetic data and to delete their account and genetic data, as specified. The bill would exclude the California newborn screening program from its provisions. This bill would impose civil penalties for a violation of those provisions, as specified. The bill would require actions for relief pursuant to these provisions to be prosecuted exclusively by the Attorney General, a district attorney, county counsel, city attorney, or city prosecutor, as specified, in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Who sponsors SB 980?
- SB 980 is sponsored by Umberg, Thomas J. (Democratic), Bauer-Kahan, Rebecca (Democratic), Gabriel, Jesse (Democratic), and Allen, Benjamin (Democratic).
- What is the current status of SB 980?
- This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 980?
- Track SB 980 free on One Click Politics — get push/email alerts when it moves.
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