AB 2645: Electronic toll collection systems: information sharing: law enforcement.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State - Chapter 730, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill allows transportation agencies that use electronic toll systems to provide police officers the date, time, and location when the system captured a vehicle’s license plate in response to certain emergency alerts that include a license plate number. It affects agencies operating toll systems, law enforcement using those alerts, and drivers whose plate reads are recorded.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law prohibits a transportation agency, as defined, from selling or otherwise providing to any other person or entity, with certain exceptions, personally identifiable information of a person who subscribes to an electronic toll collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Under existing law, a transportation agency is authorized to make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, except under certain circumstances. Existing law defines personally identifiable information for these purposes and provides that it includes, among other things, a license plate number.
Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol (CHP) to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the CHP, upon the request of a law enforcement agency, to activate various other alerts for missing individuals meeting certain criteria and alerts following an attack upon a law enforcement officer or a hit-and-run fatality.
This bill would authorize a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to one of these alerts.
Existing law prohibits a transportation agency, as defined, from selling or otherwise providing to any other person or entity, with certain exceptions, personally identifiable information of a person who subscribes to an electronic toll collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Under existing law, a transportation agency is authorized to make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, except under certain circumstances. Existing law defines personally identifiable information for these purposes and provides that it includes, among other things, a license plate number.
Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol (CHP) to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the CHP, upon the request of a law enforcement agency, to activate various other alerts for missing individuals meeting certain criteria and alerts following an attack upon a law enforcement officer or a hit-and-run fatality.
This bill would authorize a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to one of these alerts.
Existing law prohibits a transportation agency, as defined, from selling or otherwise providing to any other person or entity, with certain exceptions, personally identifiable information of a person who subscribes to an electronic toll collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Under existing law, a transportation agency is authorized to make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, except under certain circumstances. Existing law defines personally identifiable information for these purposes and provides that it includes, among other things, a license plate number.
Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol (CHP) to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the CHP, upon the request of a law enforcement agency, to activate various other alerts for missing individuals meeting certain criteria and alerts following an attack upon a law enforcement officer or a hit-and-run fatality.
This bill, if the CHP activates one of the above-mentioned alerts and that alert contains a license plate number of a vehicle involved in the incident, would require a transportation agency that employs an electronic toll collection system to notify the CHP and the law enforcement agency that requested the alert upon identifying that vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The bill would also require those transportation agencies to review prior footage within a reasonable timeframe after an alert has been activated and notify the CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The bill would require the notification to include the time and location that the vehicle was identified. The bill would require the CHP, in consultation with those transportation agencies, to develop a standard protocol regarding the above-described notification, as provided. By requiring a local transportation agency to report this information, this 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.This bill would authorize a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to one of these alerts.
Existing law prohibits a transportation agency, as defined, from selling or otherwise providing to any other person or entity, with certain exceptions, personally identifiable information of a person who subscribes to an electronic toll collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Under existing law, a transportation agency is authorized to make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, except under certain circumstances. Existing law defines personally identifiable information for these purposes and provides that it includes, among other things, a license plate number.
Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol (CHP) to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the CHP, upon the request of a law enforcement agency, to activate various other alerts for missing individuals meeting certain criteria and alerts following an attack upon a law enforcement officer or a hit-and-run fatality.
This bill, if the CHP activates one of the above-mentioned alerts and that alert contains a license plate number of a vehicle involved in the incident, would require a transportation agency that employs an electronic toll collection system to notify the CHP and the law enforcement agency that requested the alert upon identifying that vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The bill would also require those transportation agencies to review prior footage within a reasonable timeframe after an alert has been activated and notify the CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The bill would require the notification to include the time and location that the vehicle was identified. The bill would require the CHP, in consultation with those transportation agencies, to develop a standard protocol regarding the above-described notification, as provided. By requiring a local transportation agency to report this information, this 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.
Existing law prohibits a transportation agency, as defined, from selling or otherwise providing to any other person or entity, with certain exceptions, personally identifiable information of a person who subscribes to an electronic toll collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Under existing law, a transportation agency is authorized to make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, except under certain circumstances. Existing law defines personally identifiable information for these purposes and provides that it includes, among other things, a license plate number.
Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol (CHP) to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the CHP, upon the request of a law enforcement agency, to activate various other alerts for missing individuals meeting certain criteria and alerts following an attack upon a law enforcement officer or a hit-and-run fatality.
This bill, if the CHP activates one of the above-mentioned alerts and that alert contains a license plate number of a vehicle involved in the incident, would require a transportation agency that employs an electronic toll collection system to notify the CHP and the law enforcement agency that requested the alert upon identifying that vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The bill would require the notification to include the time and location that the vehicle was identified. By requiring a local transportation agency to report this information, this 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.
(a)Except as otherwise provided in this section, a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
(1)The types of personally identifiable information that is collected by the agency.
(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.
(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.
(4)The effective date of the privacy policy.
(5)The process by which a subscriber may review and request changes to any of the subscribers personally identifiable information.
(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.
(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
(e)(1)Except as authorized in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that the persons records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
(3)This section does not prohibit a transportation agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, in response to an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code containing a license plate number of a vehicle.
(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.
(k)A transportation agency may not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision shall not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.
(n)For purposes of this section, person means any person who subscribes to an electronic toll collection or electronic transit fare collection system or any person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.
(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(r)Nothing in subdivisions (c) and (d) shall preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.
(a)Except as otherwise provided in this section, a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
(1)The types of personally identifiable information that is collected by the agency.
(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.
(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.
(4)The effective date of the privacy policy.
(5)The process by which a subscriber may review and request changes to any of the subscribers personally identifiable information.
(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.
(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
(e)(1)Except as authorized in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that the persons records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
(3)This section does not prohibit a transportation agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, in response to an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code containing a license plate number of a vehicle.
(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.
(k)A transportation agency may not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision shall not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.
(n)For purposes of this section, person means any person who subscribes to an electronic toll collection or electronic transit fare collection system or any person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.
(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(r)Nothing in subdivisions (c) and (d) shall preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.
(a)Except as otherwise provided in this section, a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its Internet Web site. internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
(1)The types of personally identifiable information that is collected by the agency.
(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.
(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.
(4)The effective date of the privacy policy.
(5)The process by which a subscriber may review and request changes to any of his or her the subscribers personally identifiable information.
(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.
(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
(e)(1)A Except as authorized in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that his or her the persons records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
(3)This section does not prohibit a transportation agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, in response to an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code containing a license plate number of a vehicle.
(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and electronic mail email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.
(k)A transportation agency may not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision shall not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.
(n)For purposes of this section, person means any person who subscribes to an electronic toll collection or electronic transit fare collection system or any person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.
(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(r)Nothing in subdivisions (c) and (d) shall preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.
SECTION 1.Section 31490 of the Streets and Highways Code is amended to read:31490.(a)Except as otherwise provided in this section, a transportation agency shall not sell or otherwise provide to any other person or entity personally identifiable information of a person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:(1)The types of personally identifiable information that is collected by the agency.(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.(4)The effective date of the privacy policy.(5)The process by which a subscriber may review and request changes to any of their personally identifiable information.(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.(e)(1)Except as provided in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that their records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.(3)(A)If the Department of the California Highway Patrol activates an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code and that alert contains a license plate number of a vehicle involved in the incident, a transportation agency that employs an electronic toll collection system shall notify the Department of the California Highway Patrol and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The transportation agency shall also review prior footage within a reasonable time after an alert has been activated and notify the Department of the California Highway Patrol and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system.(B)In the notification provided pursuant to subparagraph (A), the transportation agency shall include the time and location that the vehicle was identified.(C)The Department of the California Highway Patrol, in consultation with transportation agencies that employ an electronic toll collection system, shall develop a standard protocol regarding the notification provided pursuant to subparagraph (A), including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to the Department of the California Highway Patrol or a local law enforcement agency.(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor shall not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor shall not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.(k)A transportation agency shall not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision does not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.(n)For purposes of this section, person means a person who subscribes to an electronic toll collection or electronic transit fare collection system or a person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.(r)Subdivisions (c) and (d) do not preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)Except as otherwise provided in this section, a transportation agency shall not sell or otherwise provide to any other person or entity personally identifiable information of a person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
(1)The types of personally identifiable information that is collected by the agency.
(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.
(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.
(4)The effective date of the privacy policy.
(5)The process by which a subscriber may review and request changes to any of their personally identifiable information.
(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.
(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
(e)(1)Except as provided in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that their records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
(3)(A)If the Department of the California Highway Patrol activates an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code and that alert contains a license plate number of a vehicle involved in the incident, a transportation agency that employs an electronic toll collection system shall notify the Department of the California Highway Patrol and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system. The transportation agency shall also review prior footage within a reasonable time after an alert has been activated and notify the Department of the California Highway Patrol and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system.
(B)In the notification provided pursuant to subparagraph (A), the transportation agency shall include the time and location that the vehicle was identified.
(C)The Department of the California Highway Patrol, in consultation with transportation agencies that employ an electronic toll collection system, shall develop a standard protocol regarding the notification provided pursuant to subparagraph (A), including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to the Department of the California Highway Patrol or a local law enforcement agency.
(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor shall not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor shall not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.
(k)A transportation agency shall not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision does not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.
(n)For purposes of this section, person means a person who subscribes to an electronic toll collection or electronic transit fare collection system or a person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.
(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(r)Subdivisions (c) and (d) do not preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in this section, a transportation agency may shall not sell or otherwise provide to any other person or entity personally identifiable information of any a person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
(b)A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its Internet Web site. internet website. For purposes of this subdivision, conspicuously post has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
(1)The types of personally identifiable information that is collected by the agency.
(2)The categories of third-party persons or entities with whom the agency may share personally identifiable information.
(3)The process by which a transportation agency notifies subscribers of material changes to its privacy policy.
(4)The effective date of the privacy policy.
(5)The process by which a subscriber may review and request changes to any of his or her their personally identifiable information.
(c)A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved.
(d)A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
(e)(1)A Except as provided in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that his or her their records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
(2)This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
(3)(A)If the Department of the California Highway Patrol activates an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code and that alert contains a license plate number of a vehicle involved in the incident, a transportation agency that employs an electronic toll collection system shall notify the Department of the California Highway Patrol and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number using a camera-based vehicle identification system or other electronic medium employed in connection with the electronic toll collection system.
(B)In the notification provided pursuant to subparagraph (A), the transportation agency shall include the time and location that the vehicle was identified.
(f)This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
(g)This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
(h)This section, with respect to an electronic toll collection system, does not prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor may shall not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
(i)Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may shall not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
(j)This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscribers name, address, and electronic mail email address, provided that the transportation agency has received the subscribers express written consent to receive the communications.
(k)A transportation agency may shall not use a nonsubscribers personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber. This subdivision shall does not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
(l)For purposes of this section, transportation agency means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
(m)For purposes of this section, electronic toll collection system is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscribers account or to establish an obligation to pay a toll, and electronic transit fare collection system means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscribers account as loaded onto the electronic transit pass.
(n)For purposes of this section, person means any a person who subscribes to an electronic toll collection or electronic transit fare collection system or any a person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
(o)For purposes of this section, personally identifiable information means any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, personally identifiable information does not include photographic or video footage.
(p)For purposes of this section, interoperability means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
(q)(1)In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(2)A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorneys fees.
(r)Nothing in subdivisions Subdivisions (c) and (d) shall do not preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
(s)A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
|
|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State - Chapter 730, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 29, 2024 | Assembly Rule 77 suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 23, 2024 | Ordered to special consent calendar. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Aug 5, 2024 | In committee: Referred to APPR suspense file. |
| Jun 27, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 26, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 25). |
| Jun 18, 2024 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 5. Noes 0.) (June 18). Re-referred to Com. on TRANS. |
| Jun 5, 2024 | Referred to Coms. on PUB S. and TRANS. |
| May 23, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 5496.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| May 8, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 10, 2024 | From committee: Do pass and re-refer to Com. on TRANS. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on TRANS. |
| Apr 4, 2024 | Re-referred to Com. on PUB. S. |
| Apr 3, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 18, 2024 | Referred to Coms. on PUB. S. and TRANS. |
| Feb 15, 2024 | From printer. May be heard in committee March 16. |
| Feb 14, 2024 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | AB 2645 Lackey Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2024 | Special Consent AB2645 Lackey et al. By Seyarto | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
|
| Jun 18, 2024 | Do pass, but first be re-referred to the Committee on [Transportation] | Senate Standing Committee on Public Safety |
Passed |
|
| May 22, 2024 | AB 2645 Lackey Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 9, 2024 | Do pass and be re-referred to the Committee on [Transportation] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Arcadia Police Officers' Association | ** Support | |
| Board of Supervisors of San Bernardino County | * Support | Jun 18, 2024 |
| Burbank Police Officers' Association | ** Support | |
| California Association Of Highway Patrolmen | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| California Narcotic Officers' Association | ** Support | |
| California Reserve Peace Officers Association | ** Support | |
| California State Sheriffs Association | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| Corona Police Officers Association | ** Support | |
| Culver City Police Officers' Association | ** Support | |
| Deputy Sheriffs Association of Monterey County | ** Support | |
| Fullerton Police Officers' Association | ** Support | |
| Los Angeles County Professional Peace Officers Association | ** Support | |
| Los Angeles School Police Management Association | ** Support | |
| los angeles school police officers association | ** Support | |
| Murrieta Police Officers' Association | ** Support | |
| Newport Beach Police Association | ** Support | |
| Novato Police Officers Association | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| PLACER COUNTY DEPUTY SHERIFFS ASSOCIATION | ** Support | |
| Pomona Police Officers' Association | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs' Association | ** Support | |
| San Bernardino County | ** Support | |
| San Bernardino County Sheriff's Department | * Support | Jun 18, 2024 |
| San Bernardino County Transportation Authority | * Support | Jun 18, 2024 |
| Santa Ana Police Officers Association | ** Support | |
| Upland Police Officers Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2645
Author:(Lackey)
As Amended Ver:June 27, 2024
Majority vote
SUMMARY
Authorizes a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
Senate Amendments
- Provide that limitations on disclosure of personally identifiable information by a transportation agency that employs an electronic toll collection system to law enforcement do not prohibit the agency from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
- Eliminate provisions requiring a transportation agency that employs an electronic toll collection system to notify CHP and the requesting law enforcement upon identifying a vehicle with a license plate number that was contained in a special alert, as specified.
- Eliminate the requirement that CHP develop a standard protocol regarding the notification of law enforcement after the activation of a special alert, as specified.
COMMENTS
As Passed by the Assembly, this bill:
- Required a transportation agency that employs an electronic toll collection system, if the Department of the California Highway Patrol (CHP) activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Required the transportation agency to review prior footage within a reasonable time after an alert has been activated and notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number identified in the alert.
- Required the transportation agency to include the time and location that the vehicle was identified.
- Required CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification of law enforcement after activation of an emergency alert, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement agency.
According to the Author
"AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified.
"This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts."
Arguments in Support
According to San Bernardino County, the bill's sponsor: "By providing law enforcement with access to real-time data from toll lanes, AB 2645 will better protect abducted children.
"Amber, Ebony, and Feather Alerts are swift response tools for child abduction cases. However, the effectiveness of these alerts is often hindered by the lack of access to real-time data that could aid law enforcement in locating suspect vehicles. Current California law restricts the sharing of personally identifiable information by transportation agencies operating toll lanes, toll highways, and toll bridges, requiring a search warrant for access.
"AB 2645 allows transportation agencies to share license plate reading data from toll lanes with the California Highway Patrol and the law enforcement agency that requested the alert. By leveraging automated license plate readers used by toll collection systems, law enforcement officers could swiftly identify and intercept suspect vehicles, increasing the chance of rescuing an abducted child."
Arguments in Opposition
None Submitted.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- CHP indicates minor and absorbable costs the department to develop a standard protocol for making the required notifications.
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 68-0-12
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Bonta, Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Jones-Sawyer, Mathis, McKinnor, Luz Rivas, Weber
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: June 27, 2024
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0004631
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2645
Author:(Lackey)
As Amended Ver:June 27, 2024
Majority vote
SUMMARY
Authorizes a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
Senate Amendments
- Provide that limitations on disclosure of personally identifiable information by a transportation agency that employs an electronic toll collection system to law enforcement do not prohibit the agency from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
- Eliminate provisions requiring a transportation agency that employs an electronic toll collection system to notify CHP and the requesting law enforcement upon identifying a vehicle with a license plate number that was contained in a special alert, as specified.
- Eliminate the requirement that CHP develop a standard protocol regarding the notification of law enforcement after the activation of a special alert, as specified.
COMMENTS
As Passed by the Assembly, this bill:
- Required a transportation agency that employs an electronic toll collection system, if the Department of the California Highway Patrol (CHP) activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Required the transportation agency to review prior footage within a reasonable time after an alert has been activated and notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number identified in the alert.
- Required the transportation agency to include the time and location that the vehicle was identified.
- Required CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification of law enforcement after activation of an emergency alert, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement agency.
According to the Author
"AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified.
"This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts."
Arguments in Support
According to San Bernardino County, the bill's sponsor: "By providing law enforcement with access to real-time data from toll lanes, AB 2645 will better protect abducted children.
"Amber, Ebony, and Feather Alerts are swift response tools for child abduction cases. However, the effectiveness of these alerts is often hindered by the lack of access to real-time data that could aid law enforcement in locating suspect vehicles. Current California law restricts the sharing of personally identifiable information by transportation agencies operating toll lanes, toll highways, and toll bridges, requiring a search warrant for access.
"AB 2645 allows transportation agencies to share license plate reading data from toll lanes with the California Highway Patrol and the law enforcement agency that requested the alert. By leveraging automated license plate readers used by toll collection systems, law enforcement officers could swiftly identify and intercept suspect vehicles, increasing the chance of rescuing an abducted child."
Arguments in Opposition
None Submitted.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- CHP indicates minor and absorbable costs the department to develop a standard protocol for making the required notifications.
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 68-0-12
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Bonta, Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Jones-Sawyer, Mathis, McKinnor, Luz Rivas, Weber
UPDATED
VERSION: June 27, 2024
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0004631
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2645 |
THIRD READING
Bill No: AB 2645
Author: Lackey (R), et al.
Amended: 6/27/24 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/18/24
AYES: Wahab, Seyarto, Bradford, Skinner, Wiener
SENATE TRANSPORTATION COMMITTEE: 15-0, 6/25/24
AYES: Cortese, Niello, Allen, Archuleta, Becker, Blakespear, Dahle, Dodd, Gonzalez, Laird, Limón, Newman, Nguyen, Seyarto, Umberg
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 68-0, 5/22/24 - See last page for vote
SUBJECT: Electronic toll collection systems: information sharing: law enforcement
SOURCE: Author
DIGEST:
This bill expressly authorizes a transportation agency that employs an electronic toll system to provide the date, time and location of a vehicle license plate read captured by the system to a peace officer in response to an emergency alert, as specified, containing a license plate number of a vehicle.
ANALYSIS:
Existing law:
- Establishes the “Amber Alert” system issued when a law enforcement agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. (Gov. Code, § 8594, subd. (a).)
- Establishes the “Blue Alert” system to issue and coordinate alerts following an attack on a law enforcement officer. (Gov. Code, § 8594.5, subd. (a).)
- Establishes the “Silver Alert” system to issue and coordinate alerts for a missing person who is 65 years old or older, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.10, subd. (a).)
- Establishes the “Endangered Missing Advisory” system to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.11, subd. (a).)
- Establishes the “Feather Alert” system to issue and coordinate alerts for missing, under unexplained or suspicious circumstances, endangered indigenous people, specifically indigenous women or indigenous people. (Gov. Code, § 8594.13, subd. (a).)
- Establishes the “Ebony Alert” system to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. (Gov. Code, § 8594.14, subd. (a).)
- Establishes the “Yellow Alert” system designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person. (Gov. Code, § 8594.15, subd. (a).)
- Defines “automated license plate recognition system” or “ALPR system” to mean a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. “ALPR information” means information or data collected through the use of an ALPR system. “ALPR operator” means a person that operates an ALPR system, except as specified. “ALPR end-user” means a person that accesses or uses an ALPR system, except as specified. The definitions for both ALPR operator and ALPR end-user exclude transportation agencies when subject to Section 31490 of the Streets and Highways Code. (Civ. Code § 1798.90.5.)
- Requires an ALPR operator to maintain reasonable security procedures and practices, as specified, and to implement usage and privacy policies 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. (Civ. Code § 1798.90.51.)
- Provides that 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. (Civ. Code § 1798.90.55.)
- Provides that a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. (Sts. & Hy Code, § 31490, subd. (a).)
- Provides that a transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information, as specified. (Sts. & Hy Code, § 31490, subd. (b).)
- Provides that a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, and that absent a provision to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that their records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided. (Sts. & Hy Code, § 31490, subd. (e)(1).)
- Provides that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as specified. (Sts. & Hy. Code, § 31490, subd. (e)(2).)
This bill provides that the provision of existing law authorizing a transportation agency to share personally identifiable information only pursuant to a search warrant does not prohibit such an agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer, as defined, in response to an emergency alert, as specified, containing a license plate number of a vehicle.
Comments
According to the author, “AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified. This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.”
The electronic toll systems operated by California transportation agencies – and the data they generate – are subject to Streets and Highways Code Section 31490, which generally prohibits these agencies from selling or otherwise providing to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
Further, existing law limits when transportation agencies can share electronic toll collection system data with law enforcement, and specifies that furnishing such data may only occur pursuant to a search warrant. Section 31490 provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation.
This bill provides that the above requirement that personally identifying information can only be provided to law enforcement pursuant to a search warrant does not prohibit a transportation agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to an emergency alert that contains a license plate number.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- CHP indicates minor and absorbable costs the department to develop a standard protocol for making the required notifications.
SUPPORT: (Verified 8/15/24)
California Association of Highway Patrolmen
California State Sheriffs’ Association
Los Angeles County Professional Peace Officers Association
San Bernardino County
OPPOSITION: (Verified 8/15/24)
None received
ASSEMBLY FLOOR: 68-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bonta, Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Jones-Sawyer, Mathis, McKinnor, Luz Rivas, Weber
Prepared by: Alex Barnett / PUB. S. /
8/18/24 9:19:23
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2645 (Lackey) - Electronic toll collection systems: information sharing: law enforcement
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2645 allows a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
Fiscal Impact:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- CHP indicates minor and absorbable costs the department to develop a standard protocol for making the required notifications.
Background:
The AMBER Alert was California’s first alert system to help find missing persons, allowing CHP to activate the Emergency Alert System in certain cases when a child under age 17 or individual with a proven mental or physical disability has been abducted and is in imminent danger of serious bodily injury or death. Other alert systems were later authorized, including the Silver Alert (activated when person age 65 or older or a person with developmental disabilities or cognitive impairment is missing), Feather Alert (activated when an Indigenous person is abducted or kidnapped), and Ebony Alert (activated to help find Black youth reported missing under unexplained or suspicious circumstances). These emergency alerts are activated by CHP upon request by a local law enforcement agency.
Generally, license plate information collected electronically by a transportation agency using an automated license plate reader (APLR) may only be provided to a law enforcement agency pursuant to a search warrant. This bill adds an exception to the search warrant requirement and allows a transportation agency to provide the required information without a warrant. Under the bill, a transportation agency must notify CHP and the law enforcement agency that requested the emergency alert of when and where a vehicle identified in an emergency alert went through the transportation agency’s toll collection system.
Proposed Law:
This bill would require a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through the agency’s system.
-- END --
SENATE COMMITTEE ON TRANSPORTATION
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 6/25/2024
Author: | Lackey | ||
Version: | 4/3/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Benjamin O'Brien-Hokanson | ||
SUBJECT:
DIGEST: This bill allows a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system to a peace officer in response to a special alert, as specified.
ANALYSIS:
Existing law:
- Provides that a transportation agency may make personally identifiable information available to a law enforcement agency only pursuant to a search warrant. (Streets and Highways Code (SHC) Section 31490)
- Requires, absent a provision in the search warrant to the contrary, law enforcement to immediately notify the person that their records have been obtained and to provide the person with a copy of the search warrant and the identity of the agency or peace officer to whom the records were provided.
- Provides that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as specified.
- Defines “electronic toll collection system” as a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll.
- Defines “transportation agency” as the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the those entities.
- Establishes the “Amber Alert” system issued when a law enforcement agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. (Government Code (GOV) Section 8594)
- Establishes the “Blue Alert” system to issue and coordinate alerts following an attack on a law enforcement officer. (GOV Section 8594.5)
- Establishes the “Silver Alert” system to issue and coordinate alerts for a missing person who is 65 years old or older, developmentally disabled, or cognitively impaired. (GOV Section 8594.10)
- Establishes the “Endangered Missing Advisory” system to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired. (GOV Section 8594.11)
- Establishes the “Feather Alert” system to issue and coordinate alerts for missing, under unexplained or suspicious circumstances, indigenous people. (GOV Section 8594.13)
- Establishes the “Ebony Alert” system to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. (GOV Section 8594.14)
- Establishes the “Yellow Alert” system designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person. (GOV Section 8594.15)
This bill:
(This analysis and comments reflect amendments that the author agreed to accept as a condition of the bill passing the Senate Public Safety Committee.)
- Allows a transportation agency that employs an electronic toll collection system to provide the date, time, and location of a vehicle license plate read captured by the system in response to an emergency alert. The transportation agency shall notify the CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number specified in the alert.
COMMENTS:
- Purpose of the bill. According to the author, “AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified. This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.”
- State alert systems. There are a number of alert systems in use in California, and nationally, to improve response times to various incidents. The AMBER Alert System began in 1996 when Dallas-Fort Worth broadcasters teamed with local police to develop an early warning system to help find abducted children. AMBER stands for America's Missing: Broadcast Emergency Response and was created as a legacy to nine year old Amber Hagerman, who was kidnapped while riding her bicycle in Arlington, TX, and then brutally murdered. Other states and communities soon set up their own AMBER plans as the idea was adopted across the nation.
The first alert system developed in California was the "Amber Alert", established by AB 415 (Runner, 2002) which authorized law enforcement agencies to use the digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. The California AMBER Alert Plan is a voluntary partnership between law enforcement, transportation, and media to rapidly disseminate information about a suspect and victim to law enforcement agencies and the public when a child has been abducted. California's AMBER Alert Plan has been part of the state's comprehensive child recovery strategy since it was launched in August 2002.
After successful implementation of the “Amber Alert”, the "Blue Alert,” "Silver Alert," “Feather Alert,” and “Ebony Alert,” public notification systems were developed in California. The "Blue Alert" provides notification when a law enforcement officer has been attacked and the "Silver Alert" provides notification when either 1) a person age 65 years or older or 2) a person who is developmentally disabled or cognitively impaired is missing. The “Feather Alert” provides alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. The “Ebony Alert” provides alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted.
- Electronic toll collection systems. This bill would require a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through an electronic toll collection system. Under existing law, an “electronic toll collection system” is an “automated license recognition system” where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. Currently, twelve agencies operate the state’s tolled bridges, lanes, and roads. Because of the differences between tolling agencies operational practices some may be able to provide real time license plate information to law enforcement as specified in this bill while others may not.
Existing law limits when transportation agencies can share electronic toll collection system data with law enforcement, and provides that a transportation agency may make personally identifiable information available to a law enforcement agency only pursuant to a search warrant. It provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation.
This bill would add an exception to the search warrant requirement when CHP has issued an emergency alert. Specifically, this bill provides that if the CHP activates an emergency alert and that alert contains a license plate of a vehicle involved in the incident, a transportation agency that employs the relevant electronic toll system is allowed to notify the CHP and the law enforcement agency requesting the alert once the vehicle has been identified.
Related Legislation:
AB 1863 (Ramos of 2024) - Would require CHP in consultation with other entities, to develop policies and procedures providing instruction on activation of the Feather Alert and on how proceed after a report of a missing person. AB 1863 is pending hearing in the Assembly Committee on Emergency Management.
AB 1463 (Lowenthal of 2023) - Would have required license plate data that does not match information on a “hot list” to be deleted within 30 days, and would have prohibited law enforcement agencies from sharing the data with any federal or out of state entities unless they have a valid California court order or warrant. AB 1463 failed passage in the Senate Judiciary Committee.
AB 946 (S. Nguyen, Chapter 93, Statutes of 2023) - Codified the CHP’s existing Endangered Missing Advisory (EMA) Alert Program.
SB 673 (Bradford, Chapter 627, Statutes of 2023) - Established the Ebony Alert system to aid in the location of missing Black youths who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, cognitively impaired, or who have been abducted.
AB 1314 (Ramos, Chapter 476, Statutes of 2022) - Established the Feather Alert system to aid in the location of an Indigenous person who has gone missing under suspicious circumstances, or who has been abducted or kidnapped.
AB 1732 (Jim Patterson, Chapter 107, Statutes of 2022) - Re-established the “Yellow Alert” system, to aid in the apprehension of a suspect if a person has been killed or suffered serious bodily injury in a hit-and-run incident.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
Minor and absorbable costs to CHP to develop a standard protocol for making the required notifications.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 19, 2024.)
SUPPORT:
Arcadia Police Officers' Association
Burbank Police Officers' Association
California Association of Highway Patrolmen
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Los Angeles County Professional Peace Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino Associated Governments
San Bernardino County
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association
Upland Police Officers Association
OPPOSITION:
None Received
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 2645 Hearing Date: June 18, 2024
Author: | Lackey | ||
Version: | April 3, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | AB | ||
Subject: Electronic toll collection systems: information sharing: law enforcement
HISTORY
Source: San Bernardino County
Prior Legislation: AB 1463 (Lowenthal, 2023), failed in Senate Judiciary
AB 946 (Nguyen, Ch. 93, Stats. of 2023)
SB 673 (Bradford, Ch. 627, Stats. of 2023)
AB 1314 (Ramos, Ch. 476, Stats. Of 2022)
AB 1732 (Patterson, Ch. 107, Stats. of 2022)
AB 2192 (Ramos, 2022), not voted upon in Assembly Privacy
SB 210 (Wiener, 2021), held in Senate Appropriations
SB 34 (Hill, Ch. 532. Stats. of 2015)
AB 179 (Bocanegra, Ch. 375, Stats. of 2013)
Support: California Association of Highway Patrolmen; California State Sheriffs’ Association; Los Angeles County Professional Peace Officers Association
Opposition: None known
Assembly Floor Vote: 68 - 0
PURPOSE
The purpose of this bill is to require a transportation agency to notify law enforcement when a vehicle identified in an emergency alert passes through a toll station, as specified.
Existing law provides that all people have an inalienable right to privacy. (Cal. Const., art. I, § 1.)
Existing law establishes the “Amber Alert” system issued when a law enforcement agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. (Gov. Code, § 8594, subd. (a).)
Existing law establishes the “Blue Alert” system to issue and coordinate alerts following an attack on a law enforcement officer. (Gov. Code, § 8594.5, subd. (a).)
Existing law establishes the “Silver Alert” system to issue and coordinate alerts for a missing person who is 65 years old or older, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.10, subd. (a).)
Existing law establishes the “Endangered Missing Advisory” system to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.11, subd. (a).)
Existing law establishes the “Feather Alert” system to issue and coordinate alerts for missing, under unexplained or suspicious circumstances, endangered indigenous people, specifically indigenous women or indigenous people. (Gov. Code, § 8594.13, subd. (a).)
Existing law establishes the “Ebony Alert” system to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. (Gov. Code, § 8594.14, subd. (a).)
Existing law establishes the “Yellow Alert” system designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person. (Gov. Code, § 8594.15, subd. (a).)
Existing law defines “automated license plate recognition system” or “ALPR system” to mean a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. “ALPR information” means information or data collected through the use of an ALPR system. “ALPR operator” means a person that operates an ALPR system, except as specified. “ALPR end-user” means a person that accesses or uses an ALPR system, except as specified. The definitions for both ALPR operator and ALPR end-user exclude transportation agencies when subject to Section 31490 of the Streets and Highways Code. (Civ. Code § 1798.90.5.)
Existing law requires an ALPR operator to maintain reasonable security procedures and practices, as specified, and to implement usage and privacy policies 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. (Civ. Code § 1798.90.51.)
Existing law provides that 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. (Civ. Code § 1798.90.55.)
Existing law authorizes the Department of the California Highway Patrol (CHP) to retain license plate data captured by a license plate reader for no more than 60 days, except in circumstances when the data is being used as evidence or for all felonies being investigated, including, but not limited to, auto theft, homicides, kidnaping, burglaries, elder and juvenile abductions, Amber Alerts, and Blue Alerts. (Veh. Code § 2413(b).)
Existing law prohibits CHP from selling license plate reader data for any purpose and from making the data available to an agency that is not a law enforcement agency or an individual who is not a law enforcement officer. The data may be used by a law enforcement agency only for purposes of locating vehicles or persons when either are reasonably suspected of being involved in the commission of a public offense. (Veh. Code § 2413(c).)
Existing law requires CHP to monitor internal use of the license plate reader data to prevent unauthorized use. (Veh. Code § 2413(d).)
Existing law requires CHP to annually report the license plate reader practices and usage, including the number of license plate reader data disclosures, a record of the agencies to which data was disclosed and for what purpose, and any changes in policy that affect privacy concerns to the Legislature. (Veh. Code § 2413(e).)
Existing law provides that a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. (Sts. & Hy Code, § 31490, subd. (a).)
Existing law provides that a transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information, as specified. (Sts. & Hy Code, § 31490, subd. (b).)
Existing law provides that a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant, and that absent a provision to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that their records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided. (Sts. & Hy Code, § 31490, subd. (e)(1).)
Existing law provides that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as specified. (Sts. & Hy. Code, § 31490, subd. (e)(2).)
Existing law defines “transportation agency” as the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the those entities. (Sts. & Hy Code, § 31490, subd. (l).)
Existing law defines “electronic toll collection system” as a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. (Sts. & Hy. Code, § 31490, subd. (m).)
Existing law defines “personally identifiable information,” for the purposes of the above provisions regarding transportation agencies, any information that identifies or describes a
person including, but not limited to, travel pattern data, address, telephone number, email
address, license plate number, photograph, bank account information, or credit card number, but does not include photographic or video footage. (Sts. & Hy. Code, § 31490, subd. (o).)
This bill provides that if the CHP activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, a transportation agency that uses an electronic toll collection system shall notify the CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number, as specified.
This bill specifies that the transportation agency shall also review prior footage within a reasonable time after an alert has been activated and notify the CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
This bill specifies that in the notification required above, the transportation agency shall include the time and location that the vehicle was identified.
This bill provides that the CHP, in consultation with transportation agencies that employ an electronic toll collection system, shall develop a standard protocol regarding the notification required by the bill, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to the CHP and any local law enforcement.
COMMENTS
- Need for This Bill
According to the Author:
AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified. This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.
- Emergency Alert Systems
The Emergency Alert System (EAS) is part of the broader Integrated Public Alert & Warning System (IPAWS) within FEMA’s national system for local alerting that provides authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts to radio and television via the EAS, and on the National Oceanic and Atmospheric Administration’s Weather Radio. For California, FEMA and Cal OES designate entities with authority to alert and warn the public when there is a disaster, threat, or dangerous or missing person. Over 1,500 federal, state, local, tribal and territorial entities use IPAWS to send alerts and warnings.
The California Public Alert and Warning System (CalPAWS) Plan was developed by Cal OES for the purposes of formalizing effective processes and recommending standardized policies for alerting and warning California residents during local or state disasters. The plan outlines new
and existing public alerts, warnings, and notification systems to offer state and local authorities various capabilities and dissemination channels for emergency alerts[1]. Currently, California utilizes IPAWS to disseminate emergency information via satellite Emergency Alert System providers, Wireless Emergency Alert system providers, Weather Service Systems, unique systems, and potential future systems.
California also has several alert systems for the purposes of aiding in the location of specific individuals or alerting of particular emergencies. The first system developed in California was “Amber Alert,” which authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. After a successful implementation, the "Blue Alert" and the "Silver Alert" notification systems were developed. The "Blue Alert" system provides for public notification when a law enforcement officer has been attacked, and the "Silver Alert" notification system provides for public notification when either (1) a person age 65 years or older or (2) a person who is developmentally disabled or cognitively impaired is missing. In 2022, AB 1314 (Ramos, Ch. 476, Stats. of 2022) enacted the “Feather Alert,” notifies the public in cases of endangered indigenous people who are reported missing under unexplained or suspicious circumstances. The following year, and most recently, SB 673 (Bradford, Ch. 627, Stats. of 2023) enacted the “Ebony Alert” which is intended to aid in the location of missing Black youths who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, cognitively impaired, or who have been abducted.
- Automated License Plate Readers (ALPR) and Electronic Toll Collection Systems
An automated license plate reader (ALPR) is a camera that captures color images of license plates within its field of view, and may be mobile, e.g. mounted on patrol cars, or fixed, e.g. mounted on light poles. ALPR systems allow for the widespread and systematic collection of license plate information, which can have legitimate uses, including for law enforcement purposes. Currently, at least 230 police and sheriff departments in California use an ALPR system, with many more developing or planning such systems.[2] ALPRs are also used in the context of electronic toll collection systems, which charge a toll to the driver without requiring them to stop or take any action, often by connecting a license plate captured via ALPR with the vehicle’s registered owner.
While ALPRs are useful, serious privacy concerns associated with the collection, storage, disclosure, sharing and use of ALPR data led to the enactment of SB 34 (Hill, Ch. 532, Stats. of 2015), which established regulations on the use of ALPR data by operators and end-users of those systems and expanded the meaning of “personal information” to include that collected through an ALPR system.[3] These regulations primarily applied to law enforcement agencies. In February of 2020, roughly 4 years after SB 34 took effect, the California State Auditor published a report reviewing the ALPR practices and policies of several law enforcement agencies and found them lacking:
“The agencies we reviewed have not implemented all of the requirements in that law [SB 34] […] Law enforcement agencies must first create policies that set clear guidelines for how they will use ALPR data. Setting certain expectations in writing through an ALPR usage and privacy policy helps ensure that agencies operate their ALPR programs in a manner that better protects individuals’ privacy. However, none of the four agencies have an ALPR policy that contains all of the required information. In fact, Los Angeles has not developed an ALPR policy at all. The other three agencies did not completely or clearly specify who has system access, who has system oversight, or how to destroy ALPR data. Their poorly developed and incomplete policies contributed to the agencies’ failure to implement ALPR programs that reflect the privacy principles in SB 34.”[4]
Critically, SB 34 exempted transportation agencies from its regulations regarding the use of ALPR systems and data. The electronic toll systems operated by these agencies – and the data they generated – are subject to a different statute, Streets and Highways Code Section 31490. Section 31490 generally prohibits these agencies from selling or otherwise providing to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system. Further, existing law limits when transportation agencies can share electronic toll collection system data with law enforcement, and specifies that furnishing such data may only occur pursuant to a search warrant. Section 31490 provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation.[5]
This bill provides that if the CHP activates an emergency alert (as described in Comment 2) and that alert contains a license plate of a vehicle involved in the incident, a transportation agency that employs the relevant electronic toll system must notify the CHP and the law enforcement agency requesting the alert once the vehicle has been identified. This provision effectively eliminates the existing requirement that law enforcement obtain a search warrant when seeking personally identifying information from a transportation agency, but only in the context of active emergency alerts and only with regard to the location of the vehicle in question at the time it was identified.[6] The bill also includes a requirement that the transportation agency “review prior footage within a reasonable time after an alert has been activated” and notify law enforcement upon identifying the vehicle in question. However, given the previous requirement, this appears to be somewhat duplicative, and any requirement to “review prior footage” could be included in that previous requirement in order to avoid any confusion regarding what constitutes compliance with the measure. The Author and Committee may wish to consider clarifying this provision.
Another provision in the bill requires the CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification provided pursuant to the above requirements, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement. Currently, both this provision and the requirements outlined above will go into effect on January 1, 2025 should this bill be signed into law. In order to give transportation agencies greater opportunity to develop and standardize their notification procedures prior to complying with the notification requirements of the bill, the Author and Committee may wish to consider delaying those notification requirements until the transportation agencies have had time to develop the required protocols.
- Argument in Support
According to the Los Angeles Professional Peace Officers Association:
AB 2645 would enhance public safety by facilitating swift and efficient communication between law enforcement agencies and transportation authorities. By promptly notifying law enforcement about vehicles involved in incidents, authorities can respond faster and potentially prevent further harm or criminal activity. In addition to aiding in the response to ongoing incidents, the data collected through electronic toll collection systems can also be valuable for crime prevention strategies. Patterns and trends identified from this data can inform proactive measures to address security concerns and enhance public safety. In an increasingly interconnected world, harnessing technology to address public safety challenges is imperative.
-- END –
“California State Warning Plan,” published December 2016., https://calalerts.org/documents/calpaws/01California-State-Warning-Plan.pdf ↑
California State Auditor, “Automated License Plate Readers: To Better Protect Individuals’ Privacy, Law Enforcement Must Increase Its Safeguards for the Data It Collects,” Published February 2020 https://www.auditor.ca.gov/pdfs/reports/2019-118.pdf ↑
Codified at Civil Code §1798.90.5 et. seq. ↑
Auditor’s Report, supra, at p.2; In the years since the Auditor’s report, there have been at least two failed attempts to enact additional safeguards on the use of ALPR systems and the data they produce: SB 210 (Wiener, 2021) was held in Senate Appropriations, and AB 1463 (Lowenthal, 2023) failed in Senate Judiciary. It is unclear in the years since the report’s publication whether the ALPR policies and practices of the agencies reviewed have come into greater compliance with the mandates SB 34. ↑
Penal Code § 1524.2, subd. (a)(2). ↑
The Fourth Amendment’s prohibition against unreasonable searches and seizures is likely not implicated here – although the United States Supreme Court has not directly decided a case addressing ALPR images and data, because license plates are in plain view, the collection of license plate images by law enforcement is not a per se violation of the 4th Amendment. However, the Court has found that certain electronic data revealing an individual’s movements over an extended period, if gathered, do eventually infringe on one’s privacy rights. See Carpenter v. United States (2018) 585 U.S. 296. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2645
Author:(Lackey)
As Amended Ver:April 3, 2024
Majority vote
SUMMARY
Requires a transportation agency to notify law enforcement when a vehicle identified in an emergency alert passes through a toll.
Major Provisions
- Requires a transportation agency that employs an electronic toll collection system, if the Department of the California Highway Patrol (CHP) activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Requires the transportation agency to review prior footage within a reasonable time after an alert has been activated and notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number identified in the alert.
- Requires the transportation agency to include the time and location that the vehicle was identified.
- Requires CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification of law enforcement after activation of an emergency alert, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement agency.
COMMENTS
Need for the Bill: This bill would require a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through a toll. Under existing law, an "electronic toll collection system" is an "automated license recognition system" where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber's account or to establish an obligation to pay a toll. (Streets & Highway Code, Section 31490, subdivision (m); Civil Code, Section (CIV) 1798.90.5, subdivison (d).) According to the California State Auditor,
The majority of California law enforcement agencies (agencies) collect and use images captured by automated license plate reader (ALPR) cameras. The ALPR system is both a real‑time tool for these agencies and an archive of historical images. Fixed cameras mounted to stationary objects, such as light poles, and mobile cameras mounted to law enforcement vehicles, capture ALPR images. Software extracts the license plate number from the image and stores it, with the date, time, and location of the scan and sometimes a partial image of the vehicle, in a searchable database. The software also automatically compares the plate number to stored lists of vehicles of interest, called hot lists then issues alerts, called hits if the plate number matches an entry on the hot list. Agencies compile these hot lists based on vehicles sought in crime investigations and vehicles connected to people of interest—for example, a list of stolen vehicles or of missing persons.
(California State Auditor, Automated License Plate Readers, To Better Protect Individuals' Privacy, Law Enforcement Must Increase Its Safeguards for the Data It Collects (Feb. 2020) p. 1 <https://www.auditor.ca.gov/pdfs/reports/2019-118.pdf>[as of Mar. 4, 2021]; see CIV 1798.90.5, subd. (d).).
SB 34 (Hill) Chapter 532, Statutes of 2015, established regulations on the privacy and usage of ALPR data and expanded the meaning of "personal information" to include information or data collected through the use or operation of an ALPR system. (CIV 1798.90.5, et seq.) However, transportation agencies are currently exempt from laws regulating ALRP operators and end-users. (CIV 1798.90.5, subd. (a)(1) & (c).)
Nevertheless, existing law limits when transportation agencies can share electronic toll collection system data with law enforcement. Existing law provides that a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. (Streets & Highway Code, Section 31490, subdivision (e)(1).) It provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. (Streets & Highway Code, Section 31490, subdivision (e)(2).) Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation. (Ibid.; Penal Code, Section 1524.2, subdivision (a)(2).)
This bill would add an exception to the search warrant requirement when CHP has issued an emergency alert. Specifically, it would oblige a transportation agency operating the electronic toll collection system to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
According to the Author
"AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified.
"This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts."
Arguments in Support
According to San Bernardino County, the bill's sponsor: "By providing law enforcement with access to real-time data from toll lanes, AB 2645 will better protect abducted children.
"Amber, Ebony, and Feather Alerts are swift response tools for child abduction cases. However, the effectiveness of these alerts is often hindered by the lack of access to real-time data that could aid law enforcement in locating suspect vehicles. Current California law restricts the sharing of personally identifiable information by transportation agencies operating toll lanes, toll highways, and toll bridges, requiring a search warrant for access.
"AB 2645 allows transportation agencies to share license plate reading data from toll lanes with the California Highway Patrol and the law enforcement agency that requested the alert. By leveraging automated license plate readers used by toll collection systems, law enforcement officers could swiftly identify and intercept suspect vehicles, increasing the chance of rescuing an abducted child."
Arguments in Opposition
None Submitted.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- Minor and absorbable costs to CHP to develop a standard protocol for making the required notifications.
According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Davies, Aguiar-Curry, Juan Carrillo, Hart, Hoover, Jackson, Ortega, Papan, Sanchez, Ting, Valencia, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: April 3, 2024
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0003088
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2645
Author:(Lackey) – As Amended Ver:April 3, 2024
Policy Committee: | Public Safety | Vote: | 8 - 0 |
Transportation | 15 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a transportation agency to notify the California Highway Patrol (CHP) and other relevant law enforcement agencies when a vehicle identified in an emergency alert passes through a toll.
FISCAL EFFECT:
- Possibly reimbursable costs (special funds, General Fund) to transportation agencies of an unknown but potentially significant amount to make the required notifications when a vehicle subject to an alert is identified via an electronic toll collection system and review prior footage as required by the bill. Actual costs will depend on the number of alerts and the amount of workload required to complete the notifications and footage reviews. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
- Minor and absorbable costs to CHP to develop a standard protocol for making the required notifications.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified. This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.
- Background. The AMBER Alert was California’s first alert system to help find missing persons, allowing CHP to activate the Emergency Alert System in certain cases when a child under age 17 or individual with a proven mental or physical disability has been abducted and is in imminent danger of serious bodily injury or death. Other alert systems were later authorized, including the Silver Alert (activated when person age 65 or older or a person with developmental disabilities or cognitive impairment is missing), Feather Alert (activated when an Indigenous person is abducted or kidnapped), and Ebony Alert (activated to help find Black youth reported missing under unexplained or suspicious circumstances). These emergency alerts are activated by CHP upon request by a local law enforcement agency.
This bill requires a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through the agency’s system. Generally, license plate information collected electronically by a transportation agency using an automated license plate reader (APLR) may only be provided to a law enforcement agency pursuant to a search warrant. This bill adds an exception to the search warrant requirement and allows a transportation agency to provide the required information without a warrant. Under the bill, a transportation agency must notify CHP and the law enforcement agency that requested the emergency alert of when and where a vehicle identified in an emergency alert went through the transportation agency’s toll collection system.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 22, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 2645 (
Author:Lackey) – As Amended Ver:April 3, 2024
SUBJECT: Electronic toll collection systems: information sharing: law enforcement
SUMMARY: Requires a transportation agency to notify law enforcement when a vehicle identified in an emergency alert passes through its electronic toll collection system. Specifically, this bill:
- Requires a transportation agency that employs an electronic toll collection system, if the Department of the California Highway Patrol (CHP) activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Requires the transportation agency to review prior footage within a reasonable time after an alert has been activated and notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number identified in the alert.
- Requires the transportation agency to include the time and location that the vehicle was identified.
- Requires CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification of law enforcement after activation of an emergency alert, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement agency.
EXISTING LAW:
- Provides that a transportation agency may make personally identifiable information available to a law enforcement agency only pursuant to a search warrant. (Streets and Highways Code (SHC) Section 31490)
- Requires, absent a provision in the search warrant to the contrary, law enforcement to immediately notify the person that their records have been obtained and to provide the person with a copy of the search warrant and the identity of the agency or peace officer to whom the records were provided. (SHC Section 31490)
- Provides that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as specified. (SHC Section 31490)
- Defines “electronic toll collection system” as a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. (SHC Section 31490)
- Defines “transportation agency” as the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the those entities. (SHC Section 31490)
- Establishes the “Amber Alert” system issued when a law enforcement agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. (Government Code (GOV) Section 8594)
- Establishes the “Blue Alert” system to issue and coordinate alerts following an attack on a law enforcement officer. (GOV Section 8594.5)
- Establishes the “Silver Alert” system to issue and coordinate alerts for a missing person who is 65 years old or older, developmentally disabled, or cognitively impaired. (GOV Section 8594.10)
- Establishes the “Endangered Missing Advisory” system to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired. (GOV Section 8594.11)
- Establishes the “Feather Alert” system to issue and coordinate alerts for missing, under unexplained or suspicious circumstances, endangered indigenous people, specifically indigenous women or indigenous people. (GOV Section 8594.13)
- Establishes the “Ebony Alert” system to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. (GOV Section 8594.14)
- Establishes the “Yellow Alert” system designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person. (GOV Section 8594.15)
FISCAL EFFECT: Unknown
COMMENTS: There are a number of alert systems in use in California, and nationally, to improve response times to various incidents. The AMBER Alert System began in 1996 when Dallas-Fort Worth broadcasters teamed with local police to develop an early warning system to help find abducted children. AMBER stands for America's Missing: Broadcast Emergency Response and was created as a legacy to nine year old Amber Hagerman, who was kidnapped while riding her bicycle in Arlington, TX, and then brutally murdered. Other states and communities soon set up their own AMBER plans as the idea was adopted across the nation.
The first alert system developed in California was "Amber Alert", established by AB 415 (Runner), Chapter 517, Statutes of 2002, which authorized law enforcement agencies to use the digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. The California AMBER Alert Plan is a voluntary partnership between law enforcement, transportation, and media to rapidly disseminate information about a suspect and victim to law enforcement agencies and the public when a child has been abducted. California's AMBER Alert Plan has been part of the state's comprehensive child recovery strategy since it was launched in August, 2002.
After a successful implementation, the "Blue Alert,” "Silver Alert," “Feather Alert,” and the “Ebony Alert,” public notification systems were developed in California. The "Blue Alert" provides notification when a law enforcement officer has been attacked and the "Silver Alert" provides notification when either 1) a person age 65 years or older or 2) a person who is developmentally disabled or cognitively impaired is missing. The “Feather Alert” provides alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. The “Ebony Alert” provides alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted.
This bill would require a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through an electronic toll collection system. Under existing law, an “electronic toll collection system” is an “automated license recognition system” where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. According to the California State Auditor:
“The majority of California law enforcement agencies (agencies) collect and use images captured by automated license plate reader (ALPR) cameras. The ALPR system is both a real‑time tool for these agencies and an archive of historical images. Fixed cameras mounted to stationary objects, such as light poles, and mobile cameras mounted to law enforcement vehicles, capture ALPR images. Software extracts the license plate number from the image and stores it, with the date, time, and location of the scan and sometimes a partial image of the vehicle, in a searchable database. The software also automatically compares the plate number to stored lists of vehicles of interest, called hot lists then issues alerts, called hits if the plate number matches an entry on the hot list. Agencies compile these hot lists based on vehicles sought in crime investigations and vehicles connected to people of interest—for example, a list of stolen vehicles or of missing persons.”
Existing law limits when transportation agencies can share electronic toll collection system data with law enforcement, and provides that a transportation agency may make personally identifiable information available to a law enforcement agency only pursuant to a search warrant. It provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation.
This bill would add an exception to the search warrant requirement when CHP has issued an emergency alert. Specifically, it would require a transportation agency operating the electronic toll collection system to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
According to the author, “AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified. This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.”
In support, San Bernardino County writes, “Amber, Ebony, and Feather Alerts are swift response tools for child abduction cases. However, the effectiveness of these alerts is often hindered by the lack of access to real-time data that could aid law enforcement in locating suspect vehicles. Current California law restricts the sharing of personally identifiable information by transportation agencies operating toll lanes, toll highways, and toll bridges, requiring a search warrant for access. AB 2645 allows transportation agencies to share license plate reading data from toll lanes with the California Highway Patrol and the law enforcement agency that requested the alert. By leveraging automated license plate readers used by toll collection systems, law enforcement officers could swiftly identify and intercept suspect vehicles, increasing the chance of rescuing an abducted child.”
Related legislation. AB 1863 (Ramos) of 2024, would require CHP, in consultation with other entities, to develop policies and procedures providing instruction to law enforcement agency, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, on how proceed after a report of a missing person. AB 1863 is pending hearing in the Assembly Committee on Emergency Management.
AB 1463 (Lowenthal) of 2023, would have required license plate data that does not match information on a “hot list” to be deleted within 30 days, and would have prohibited law enforcement agencies from sharing the data with any federal or out of state entities unless they have a valid California court order or warrant. AB 1463 failed passage in the Senate Judiciary Committee.
AB 946 (S. Nguyen), Chapter 93, Statutes of 2023, codified the CHP’s existing Endangered Missing Advisory (EMA) Alert Program.
SB 673 (Bradford), Chapter 627, Statutes of 2023, established the Ebony Alert system to aid in the location of missing Black youths who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, cognitively impaired, or who have been abducted.
AB 1314 (Ramos), Chapter 476, Statutes of 2022, established the Feather Alert system to aid in the location of an Indigenous person who has gone missing under suspicious circumstances, or who has been abducted or kidnapped.
AB 1732 (Jim Patterson), Chapter 107, Statutes of 2022, re-established the “Yellow Alert” system, to aid in the apprehension of a suspect if a person has been killed or suffered serious bodily injury in a hit-and-run incident.
REGISTERED SUPPORT / OPPOSITION:
Support
Arcadia Police Officers' Association
Burbank Police Officers' Association
California Association of Highway Patrolmen
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Los Angeles County Professional Peace Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County
Santa Ana Police Officers Association
Upland Police Officers Association
Opposition
None on file
Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093
Date of Hearing: April 9, 2024
Counsel: Andrew Ironside
ASSEMBLY COMMITTEE ON
Kevin McCarty, Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Requires a transportation agency to notify law enforcement when a vehicle identified in an emergency alert passes through a toll. Specifically, this bill:
- Requires a transportation agency that employs an electronic toll collection system, if the Department of the California Highway Patrol (CHP) activates an emergency alert, as specified, and that alert contains a license plate number of a vehicle involved in the incident, to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Requires the transportation agency to review prior footage within a reasonable time after an alert has been activated and notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with the license plate number identified in the alert.
- Requires the transportation agency to include the time and location that the vehicle was identified.
- Requires CHP, in consultation with transportation agencies that employ an electronic toll collection system, to develop a standard protocol regarding the notification of law enforcement after activation of an emergency alert, including how the transportation agencies will receive notifications of the initiation and conclusions of alerts and report any notifications to law enforcement agency.
EXISTING FEDERAL LAW: Provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (U.S. Const., Amend. IV.)
EXISTING LAW:
- Provides that all people have an inalienable right to privacy. (Cal. Const., art. I, § 1.)
- Provides that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. (Cal. Const., Art. I, § 13.)
- Provides that a search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate. (Pen. Code, § 1523.)
- Provides that a search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. (Pen. Code, § 1525.)
- Provides that a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. (Sts. & Hy Code, § 31490, subd. (e)(1).)
- Requires, absent a provision in the search warrant to the contrary, law enforcement to immediately notify the person that their records have been obtained and to provide the person with a copy of the search warrant and the identity of the agency or peace officer to whom the records were provided. (Sts. & Hy. Code, § 31490, subd. (e)(1).)
- Provides that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as specified. (Sts. & Hy. Code, § 31490, subd. (e)(2).)
- Defines “electronic toll collection system” as a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. (Sts. & Hy. Code, § 31490, subd. (m).)
- Defines “transportation agency” as the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the those entities. (Sts. & Hy Code, § 31490, subd. (l).)
- Establishes the “Amber Alert” system issued when a law enforcement agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. (Gov. Code, § 8594, subd. (a).)
- Establishes the “Blue Alert” system to issue and coordinate alerts following an attack on a law enforcement officer. (Gov. Code, § 8594.5, subd. (a).)
- Establishes the “Silver Alert” system to issue and coordinate alerts for a missing person who is 65 years old or older, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.10, subd. (a).)
- Establishes the “Endangered Missing Advisory” system to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired. (Gov. Code, § 8594.11, subd. (a).)
- Establishes the “Feather Alert” system to issue and coordinate alerts for missing, under unexplained or suspicious circumstances, endangered indigenous people, specifically indigenous women or indigenous people. (Gov. Code, § 8594.13, subd. (a).)
- Establishes the “Ebony Alert” system to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. (Gov. Code, § 8594.14, subd. (a).)
- Establishes the “Yellow Alert” system designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person. (Gov. Code, § 8594.15, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “AB 2645 amends California Streets and Highways Code to include special alerts as justifiable cause for transportation agencies to share license plate reading data from toll lanes with California Highway Patrol and the law enforcement agency that requested the alert, including time and location that the vehicle was identified.
“This proposed legislative amendment seeks to improve public safety and make law enforcement more efficient and responsive by leveraging existing available technology in specific cases involving special alerts.” - Need for the Bill: This bill would require a transportation agency using an electronic toll collection system to notify law enforcement when a vehicle identified in a CHP-activated emergency alert passes through a toll. Under existing law, an “electronic toll collection system” is an “automated license recognition system” where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an obligation to pay a toll. (Sts. & Hy. Code, § 31490, subd. (m); Civ. Code, § 1798.90.5, subd. (d).) According to the California State Auditor,
The majority of California law enforcement agencies (agencies) collect and use images captured by automated license plate reader (ALPR) cameras. The ALPR system is both a real‑time tool for these agencies and an archive of historical images. Fixed cameras mounted to stationary objects, such as light poles, and mobile cameras mounted to law enforcement vehicles, capture ALPR images. Software extracts the license plate number from the image and stores it, with the date, time, and location of the scan and sometimes a partial image of the vehicle, in a searchable database. The software also automatically compares the plate number to stored lists of vehicles of interest, called hot lists then issues alerts, called hits if the plate number matches an entry on the hot list. Agencies compile these hot lists based on vehicles sought in crime investigations and vehicles connected to people of interest—for example, a list of stolen vehicles or of missing persons.
(California State Auditor, Automated License Plate Readers, To Better Protect Individuals’ Privacy, Law Enforcement Must Increase Its Safeguards for the Data It Collects (Feb. 2020) p. 1 <https://www.auditor.ca.gov/pdfs/reports/2019-118.pdf>[as of Mar. 4, 2021]; see Civ. Code, § 1798.90.5, subd. (d).).
SB 34 (Hill) Chapter 532, Statutes of 2015, established regulations on the privacy and usage of ALPR data and expanded the meaning of “personal information” to include information or data collected through the use or operation of an ALPR system. (Civ. Code, § 1798.90.5, et seq.) However, transportation agencies are currently exempt from laws regulating ALRP operators and end-users. (Civ. Code, § 1798.90.5, subd. (a)(1) & (c).)
Nevertheless, existing law limits when transportation agencies can share electronic toll collection system data with law enforcement. Existing law provides that a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. (Sts. & Hy Code, § 31490, subd. (e)(1).) It provides, however, that the search warrant requirement does not prohibit law enforcement, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result. (Sts. & Hy. Code, § 31490, subd. (e)(2).) Adverse results exist when delay would result in among other things, danger to the life or physical safety of an individual; a flight from prosecution; the destruction of or tampering with evidence; the intimidation of potential witnesses; or the serious jeopardy to an investigation. (Ibid.; Pen. Code, § 1524.2, subd. (a)(2).)
This bill would add an exception to the search warrant requirement when CHP has issued an emergency alert. Specifically, it would oblige a transportation agency operating the electronic toll collection system to notify CHP and the law enforcement agency that requested the alert upon identifying the vehicle with that license plate number.
- Argument in Support: According to San Bernardino County, the bill’s sponsor: “By providing law enforcement with access to real-time data from toll lanes, AB 2645 will better protect abducted children.
“Amber, Ebony, and Feather Alerts are swift response tools for child abduction cases. However, the effectiveness of these alerts is often hindered by the lack of access to real-time data that could aid law enforcement in locating suspect vehicles. Current California law restricts the sharing of personally identifiable information by transportation agencies operating toll lanes, toll highways, and toll bridges, requiring a search warrant for access.
“AB 2645 allows transportation agencies to share license plate reading data from toll lanes with the California Highway Patrol and the law enforcement agency that requested the alert. By leveraging automated license plate readers used by toll collection systems, law enforcement officers could swiftly identify and intercept suspect vehicles, increasing the chance of rescuing an abducted child.” - Related Legislation:
- AB 1814 (Ting), would establish that law enforcement and peace officers need more than a facial recognition technology match before making an arrest, conducting a search, or seeking an affidavit for a warrant. AB 1814 is currently pending hearing in the Assembly Committee on Privacy and Consumer Protections.
- AB 1863 (Ramos), would require CHP, in consultation with other entities, to develop policies and procedures providing instruction to law enforcement agency, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, on how proceed after a report of a missing person. AB 1863 is pending hearing in the Assembly Committee on Emergency Management.
- AB 1814 (Ting), would establish that law enforcement and peace officers need more than a facial recognition technology match before making an arrest, conducting a search, or seeking an affidavit for a warrant. AB 1814 is currently pending hearing in the Assembly Committee on Privacy and Consumer Protections.
- Prior Legislation:
- AB 1463 (Lowenthal), of the 2023-2024 Legislative Session, would have required license plate data that does not match information on a “hot list” to be deleted within 30 days, and would have prohibited law enforcement agencies from sharing the data with any federal or out of state entities unless they have a valid California court order or warrant. AB 1463 failed passage in the Senate Judiciary Committee.
- AB 946 (S. Nguyen), Chapter 93. Statutes of 2023, codified the CHP’s existing Endangered Missing Advisory (EMA) Alert Program.
- SB 673 (Bradford), Chapter 627, Statutes of 2023, established the Ebony Alert system to aid in the location of missing Black youths who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, cognitively impaired, or who have been abducted.
- AB 1314 (Ramos), Chapter 476, Statutes of 2022, established the Feather Alert system to aid in the location of an Indigenous person who has gone missing under suspicious circumstances, or who has been abducted or kidnapped.
- AB 1732 (Jim Patterson), Chapter 107, Statutes of 2022, re-established the “Yellow Alert” system, to aid in the apprehension of a suspect if a person has been killed or suffered serious bodily injury in a hit-and-run incident.
- AB 2192 (Ramos), of the 2021-2022 Legislative Session, would have authorized a public agency that uses an ALPR to share the data that it collects with a law enforcement agency of the federal government or another state if the ALPR information was being sold, shared, or transferred to locate a vehicle or person reasonably suspected of being involved in the commission of a public offense, except as specified. AB 2192 was taken up in Assembly Privacy and Consumer Protection for testimony only.
- SB 210 (Wiener), of the 2021-2022 Legislative Session, would have required ALPR operators and end-users to conduct annual audits to review ALPR searches and required most public ALPR operators and end-users to destroy all ALPR data within 24 hours if it did not match information on a “hot list.” SB 210 was held on suspense by the Senate Appropriations Committee.
- AB 1076 (Kiley), of the 2021-2022 Legislative Session, would have required the Department of Justice to draft and make available on its internet website an ALPR system policy template for local law enforcement agencies and require that the guidance given include the necessary security requirements agencies should follow to protect the data in their ALPR systems. AB 1076 was held on suspense by the Assembly Appropriations Committee.
- AB 1782 (Chau), of 2019-2022 Legislative Session, would have required those operating ALPR systems and those accessing or using ALPR data to have policies that included procedures to ensure non-anonymized ALPR information is destroyed within 60 days, except as specified, and that all ALPR information that is shared be anonymized. AB 1782 was subsequently amended to address a different topic.
- AB 8 (Gatto), Chapter 326, Statutes, of 2015, established the "Yellow Alert" notification system (similar to "Amber Alert") and authorized activation of the system for certain hit-and-run incidents.
- SB 34 (Hill) Chapter 532, Statutes of 2015, established regulations on the privacy and usage of automatic license plate recognition data and expanded the meaning of “personal information” to include information or data collected through the use or operation of an ALPR system.
- SB 1047 (Alquist), Chapter 651, Statutes of 2012, established a “Silver Alert” notification system designed to issue and coordinate alerts to inform the public when a person who is 65 years or older is missing, as specified.
- SB 839 (Runner), Chapter 311, Statutes of 2010, created a “Blue Alert” system similar to the “Amber Alert” system to notify the public when a law enforcement officer has been attacked, as specified.
- AB 1463 (Lowenthal), of the 2023-2024 Legislative Session, would have required license plate data that does not match information on a “hot list” to be deleted within 30 days, and would have prohibited law enforcement agencies from sharing the data with any federal or out of state entities unless they have a valid California court order or warrant. AB 1463 failed passage in the Senate Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Arcadia Police Officers' Association
Burbank Police Officers' Association
California Association of Highway Patrolmen
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Los Angeles County Professional Peace Officers Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County
Santa Ana Police Officers Association
Upland Police Officers Association
Opposition
None
Analysis Prepared by:
Discussed in Hearing
34SEC
Assembly Floor
3MIN
Senate Standing Committee on Public Safety
50SEC
Assembly Floor
Bill Author
Bill Co-Author(s):
