California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 523 — Telecommunications: customer right of privacy.

Last action — Ordered to inactive file at the request of Senator Bradford.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 federal law, as implemented by the Federal Communications Commission, authorizes telecommunications carriers to use customer proprietary network information, as defined, and other customer information for certain purposes, subject to specified restrictions and requirements. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law prohibits a provider of mobile telephony services, or any direct or indirect affiliate or agent of a provider, from including the dialing number or a subscriber in a directory or selling the contents of a directory database without first obtaining the express content of the subscriber. This bill would prohibit a provider of mobile telephony services, or any direct or indirect affiliate or agent of the provider, except as provided, from disclosing a subscriber's historical, current, or prospective cell site location without first obtaining the express consent of the subscriber. The California Public Record Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. The act exempts certain records from the disclosure requirement, including record of telephone numbers obtained by certain public agencies for specified purposes. This bill would exempt from the disclosure requirements of the act records of cell site locations obtained by certain public agencies for specified purposes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Bradford.

  2. Read second time. Ordered to third reading.

  3. Ordered to second reading.

  4. From inactive file.

  5. Ordered to inactive file at the request of Senator Hertzberg.

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 9). Re-referred to Com. on APPR.

  9. Read second time and amended. Re-referred to Com. on JUD.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (July 2).

  11. In committee: Hearing postponed by committee.

  12. Referred to Coms. on E., U. & C. and JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 10. Page 2010.)

  15. Read third time and amended. Ordered to third reading. (Page 1722.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 9. Noes 0.) (April 30).

  18. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 2.) (April 24). Re-referred to Com. on P. & C.P.

  19. Referred to Coms. on C. & C. and P. & C.P.

  20. From printer. May be heard in committee March 16.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

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

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 0001
Total 7002
% of votes cast 78%0%0%22%
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 Not Voting

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7003
Democratic 3000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Dodd — Yea
Rubio — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Bradford — Yea
Skinner — Yea
Chang — Not Voting
Moorlach — Not Voting
Mark Stone — Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 523 Irwin Assembly Third Reading

Passed 61 Yea · 10 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 37807
Democratic 22000
Republican 2202
Total 611009
% of votes cast 76%13%0%11%
How each member voted (80)
Member Party Vote
Salas — Yea
Mayes — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Holden — Yea
O'Donnell — Yea
Weber — Yea
Fong — Nay
Voepel — Nay
Kiley — Nay
Brough — Nay
Mathis — Nay
Melendez — Nay
Waldron — Nay
Gray — Not Voting
Bigelow — Not Voting
Frazier — Not Voting
Cooley — Not Voting
Ting — Not Voting
Chau — Not Voting
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
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 Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6000
Republican 1000
Unaffiliated 2002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Obernolte — Yea
Smith — Yea
Chau — Not Voting
Kiley — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Yea
Gallagher, James Republican Yea

Official roll call →

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

Passed 9 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 4001
Republican 0100
Total 9202
% of votes cast 69%15%0%15%
How each member voted (13)
Member Party Vote
Rodriguez — Yea
Santiago — Yea
Low — Yea
Kamlager-Dove — Yea
Holden — Yea
Brough — Nay
Obernolte — Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Patterson, Joe Republican Nay

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 AB 523 do?
Existing federal law, as implemented by the Federal Communications Commission, authorizes telecommunications carriers to use customer proprietary network information, as defined, and other customer information for certain purposes, subject to specified restrictions and requirements. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law prohibits a provider of mobile telephony services, or any direct or indirect affiliate or agent of a provider, from including the dialing number or a subscriber in a directory or selling the contents of a directory database without first obtaining the express content of the subscriber. This bill would prohibit a provider of mobile telephony services, or any direct or indirect affiliate or agent of the provider, except as provided, from disclosing a subscriber's historical, current, or prospective cell site location without first obtaining the express consent of the subscriber. The California Public Record Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. The act exempts certain records from the disclosure requirement, including record of telephone numbers obtained by certain public agencies for specified purposes. This bill would exempt from the disclosure requirements of the act records of cell site locations obtained by certain public agencies for specified purposes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 523?
AB 523 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 523?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 AB 523?
Track AB 523 free on One Click Politics — get push/email alerts when it moves.

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