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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2192Introduced by Assembly Member RamosFebruary 15, 2022 An act to amend Section 1798.90.55 of the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTAB 2192, as introduced, Ramos. Automated license plate recognition systems: information sharing.Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology for not more than 60 days unless the data is being used as evidence or for the investigation of felonies, and to share that data with law enforcement agencies for specified purposes. With regard to information from automated license plate recognition (ALPR) systems, existing law requires an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy, as specified, and maintain reasonable security procedures and practices.Existing law prohibits a public agency, as defined, from selling, sharing, or transferring ALPR information, as specified, except to another public agency, and only as otherwise permitted by law.This bill would additionally prohibit a public agency from selling, sharing, or transferring ALPR information to a law enforcement agency of the federal government or another state, unless the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, and only as otherwise permitted by law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.90.55 of the Civil Code is amended to read:1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2192Introduced by Assembly Member RamosFebruary 15, 2022 An act to amend Section 1798.90.55 of the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTAB 2192, as introduced, Ramos. Automated license plate recognition systems: information sharing.Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology for not more than 60 days unless the data is being used as evidence or for the investigation of felonies, and to share that data with law enforcement agencies for specified purposes. With regard to information from automated license plate recognition (ALPR) systems, existing law requires an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy, as specified, and maintain reasonable security procedures and practices.Existing law prohibits a public agency, as defined, from selling, sharing, or transferring ALPR information, as specified, except to another public agency, and only as otherwise permitted by law.This bill would additionally prohibit a public agency from selling, sharing, or transferring ALPR information to a law enforcement agency of the federal government or another state, unless the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, and only as otherwise permitted by law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly March 29, 2022 | |
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| 7 | - | Amended IN Assembly March 29, 2022 | |
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| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
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| 13 | 13 | No. 2192 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member RamosFebruary 15, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Ramos | |
| 18 | 18 | February 15, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 1798.90.55 of the Civil Code, relating to personal information. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2192, as | |
| 26 | + | AB 2192, as introduced, Ramos. Automated license plate recognition systems: information sharing. | |
| 27 | 27 | ||
| 28 | - | Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology for not more than 60 days unless the data is being used as evidence or for the investigation of felonies, and to share that data with law enforcement agencies for specified purposes. With regard to information from automated license plate recognition (ALPR) systems, existing law requires an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy, as specified, and maintain reasonable security procedures and practices.Existing law prohibits a public agency, as defined, from selling, sharing, or transferring ALPR information, as specified, except to another public agency, and only as otherwise permitted by law.This bill would additionally prohibit a public agency from selling, sharing, or transferring ALPR information to a law enforcement agency of the federal government or another state, unless the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, and only as otherwise permitted by law. | |
| 28 | + | Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology for not more than 60 days unless the data is being used as evidence or for the investigation of felonies, and to share that data with law enforcement agencies for specified purposes. With regard to information from automated license plate recognition (ALPR) systems, existing law requires an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy, as specified, and maintain reasonable security procedures and practices.Existing law prohibits a public agency, as defined, from selling, sharing, or transferring ALPR information, as specified, except to another public agency, and only as otherwise permitted by law.This bill would additionally prohibit a public agency from selling, sharing, or transferring ALPR information to a law enforcement agency of the federal government or another state, unless the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, and only as otherwise permitted by law. | |
| 29 | 29 | ||
| 30 | 30 | Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology for not more than 60 days unless the data is being used as evidence or for the investigation of felonies, and to share that data with law enforcement agencies for specified purposes. With regard to information from automated license plate recognition (ALPR) systems, existing law requires an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy, as specified, and maintain reasonable security procedures and practices. | |
| 31 | 31 | ||
| 32 | 32 | Existing law prohibits a public agency, as defined, from selling, sharing, or transferring ALPR information, as specified, except to another public agency, and only as otherwise permitted by law. | |
| 33 | 33 | ||
| 34 | 34 | This bill would additionally prohibit a public agency from selling, sharing, or transferring ALPR information to a law enforcement agency of the federal government or another state, unless the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, and only as otherwise permitted by law. | |
| 35 | 35 | ||
| 36 | - | Existing law, the California Values Act, prohibits a California law enforcement agency from, among other things, using agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified. | |
| 37 | - | ||
| 38 | - | This bill would prohibit a public agency, ALPR operator, or ALPR end-user from selling, sharing, or transferring ALPR information if that sale, sharing, or transferring would violate a provision of the California Values Act, or if the information would be sold, shared, or transferred to a state that has enacted laws that limit access to abortion, as specified, or a state that is subject to the state-funded and state-sponsored travel ban on states that have enacted specified laws that discriminate based on sexual orientation, gender identity, or gender expression. | |
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| 40 | 36 | ## Digest Key | |
| 41 | 37 | ||
| 42 | 38 | ## Bill Text | |
| 43 | 39 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. Section 1798.90.55 of the Civil Code is amended to read:1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 1798.90.55 of the Civil Code is amended to read:1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
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| 46 | 42 | The people of the State of California do enact as follows: | |
| 47 | 43 | ||
| 48 | 44 | ## The people of the State of California do enact as follows: | |
| 49 | 45 | ||
| 50 | - | SECTION 1. Section 1798.90.55 of the Civil Code is amended to read:1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 46 | + | SECTION 1. Section 1798.90.55 of the Civil Code is amended to read:1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 51 | 47 | ||
| 52 | 48 | SECTION 1. Section 1798.90.55 of the Civil Code is amended to read: | |
| 53 | 49 | ||
| 54 | 50 | ### SECTION 1. | |
| 55 | 51 | ||
| 56 | - | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 52 | + | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 57 | 53 | ||
| 58 | - | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 54 | + | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 59 | 55 | ||
| 60 | - | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 56 | + | 1798.90.55. Notwithstanding any other law or regulation:(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.(b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.(2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
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| 62 | 58 | ||
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| 64 | 60 | 1798.90.55. Notwithstanding any other law or regulation: | |
| 65 | 61 | ||
| 66 | 62 | (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. | |
| 67 | 63 | ||
| 68 | 64 | (b) (1) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. | |
| 69 | 65 | ||
| 70 | 66 | (2) For the purposes of paragraph (1), another public agency means, in addition to any public agency, as defined in subdivision (f) of Section 1798.90.5, a law enforcement agency of the federal government or a state other than California, if the ALPR information is being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense. | |
| 71 | - | ||
| 72 | - | (c) A public agency, ALPR operator, or ALPR end-user shall not sell, share, or transfer ALPR information if any of the following circumstances apply: | |
| 73 | - | ||
| 74 | - | (1) The sale, sharing, or transferring of ALPR information would violate a provision of the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code). | |
| 75 | - | ||
| 76 | - | (2) ALPR information would be sold, shared, or transferred to a state that is subject to a ban on state-funded and state-sponsored travel pursuant to Section 11139.8 of the Government Code, and is listed on the Attorney Generals internet website pursuant to subdivision (e) of Section 11139.8 of the Government Code. | |
| 77 | - | ||
| 78 | - | (3) ALPR information would be sold, shared, or transferred to a state that has enacted laws that deny or interfere with a womans right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman. |