Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1143

Introduced by Senator Wiener

February 19, 2020

An act to amend Section 21201 of the Vehicle Code, relating to bicycles. An act to amend Sections 1798.90.51, 1798.90.52, and 1798.90.53 of, and to add Section 1798.90.56 to, the Civil Code, relating to personal information.


LEGISLATIVE COUNSEL'S DIGEST


SB 1143, as amended, Wiener. Operation of bicycles: safe and complete stop. Automated license plate recognition systems: use of data.
Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with law enforcement agencies for specified purposes and requires both an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy regarding that ALPR information, as specified. Existing law requires that the usage and privacy policy implemented by an ALPR operator or an ALPR end-user include the length of time ALPR information will be retained and the process the ALPR operator and ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
This bill would prohibit those usage and privacy policies from including a length of time longer than 2 weeks that ALPR information will be retained and would require those usage and privacy policies to include the process utilized to determine if and when to destroy ALPR information retained for 2 weeks or less.
Existing law requires an ALPR operator to maintain reasonable security procedures and practices. Under existing law, the reasonable security procedures and practices must include operational, administrative, technical, and physical safeguards to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
This bill would additionally require those procedures and practices to include an annual audit to review ALPR end-user searches during the previous year and the destruction of all ALPR information retained for longer than 2 weeks.
Existing law requires an ALPR operator that accesses or provides access to ALPR information to maintain a record of that access and require that ALPR information only be used for the authorized purposes described in the usage and privacy policy.
This bill would additionally require an ALPR operator that accesses or provides access to ALPR information to conduct an annual audit to review ALPR end-user searches during the previous year and to confirm that all ALPR information retained for longer than 2 weeks has been routinely destroyed.
This bill would require the Department of Justice, on or before July 1, 2021, to draft and make available on its internet website a policy template and would permit local law enforcement agencies to use the template as a model for their ALPR policies. The bill would also require the Department of Justice to develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems.

The Vehicle Code regulates the safe operation of bicycles on highways and roadways. Existing law prohibits a person from operating a bicycle on a roadway unless it is equipped with a brake that will enable the operator to make one braked wheel skid, as described, and from operating on the highway a bicycle equipped with handlebars raised in a specified manner or a bicycle that is of a size that prevents the operator from safely stopping the bicycle, as specified. A violation of the Vehicle Code provisions regulating the operation of a bicycle is an infraction.

This bill would delete those prohibitions and would instead prohibit a person from operating a bicycle on a roadway unless it is equipped with a brake that will enable the operator to make a safe and complete stop. By revising the definition of a crime, 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1798.90.51 of the Civil Code is amended to read:

1798.90.51.
 An ALPR operator shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. These reasonable security procedures and practices shall include, but are not limited to, the following:
(1) An annual audit to review ALPR end-user searches during the previous year.
(2) Destruction of all ALPR information retained for longer than two weeks.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, internet website, the usage and privacy policy shall be posted conspicuously on that Internet Web site. internet website.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, not to exceed two weeks, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. ALPR information retained for two weeks or less.

SEC. 2.

 Section 1798.90.52 of the Civil Code is amended to read:

1798.90.52.
 If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both all of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system.
(3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51.
(c) Conduct an annual audit to review ALPR end-user searches during the previous year and to confirm that all ALPR information retained for longer than two weeks has been routinely destroyed.

SEC. 3.

 Section 1798.90.53 of the Civil Code is amended to read:

1798.90.53.
 An ALPR end-user shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, internet website, the usage and privacy policy shall be posted conspicuously on that Internet Web site. internet website.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, not to exceed two weeks, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. ALPR information retained for two weeks or less.

SEC. 4.

 Section 1798.90.56 is added to the Civil Code, immediately following Section 1798.90.55, to read:

1798.90.56.
 (a) On or before July 1, 2021, the Department of Justice shall draft and make available on its internet website a policy template that local law enforcement agencies may use as a model for their ALPR policies.
(b) The Department of Justice shall develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems. The guidance shall include, but not be limited to, the necessary security requirements agencies should follow to protect the data in their ALPR systems.

SECTION 1.Section 21201 of the Vehicle Code is amended to read:
21201.

(a)A person shall not operate a bicycle on a roadway unless it is equipped with a brake that will enable the operator to make a safe and complete stop.

(b)A bicycle operated during darkness on a highway, a sidewalk where bicycle operation is not prohibited by the local jurisdiction, or a bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall be equipped with all of the following:

(1)A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.

(2)A red reflector or a solid or flashing red light with a built-in reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

(3)A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.

(4)(A)A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

(B)The reflectors and reflectorized tires shall be of a type meeting requirements established by the department.

(c)A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in lieu of the lamp required by paragraph (1) of subdivision (b).

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.