Mark Leno
- Democratic
Author
Existing law regulates various business activities and practices, including the sale of telephones. This bill would require that any smartphone, as defined, that is manufactured on or after July 1, 2015, and sold in California after that date, include a technological solution at the time of sale, which may consist of software, hardware, or both software and hardware, that, once initiated and successfully communicated to the smartphone, can render inoperable the essential features, as defined, of the smartphone to an unauthorized user when the smartphone is not in the possession of an authorized user. The bill would require that the technological solution, when enabled, be able to withstand a hard reset, as defined, and prevent reactivation of the smartphone on a wireless network except by an authorized user. The bill would make these requirements inapplicable when the smartphone is resold in California on the secondhand market or is consigned and held as collateral on a loan. The bill would additionally except from these requirements a smartphone model that was first introduced prior to January 1, 2015, that cannot reasonably be reengineered to support the manufacturer's or operating system provider's technological solution, including if the hardware or software cannot support a retroactive update. The bill would authorize an authorized user to affirmatively elect to disable or opt-out of the technological solution at any time. The bill would make the knowing retail sale in violation of the bill's requirements subject to a civil penalty of not less than $500, nor more than $2,500, for each violation. The bill would limit an enforcement action to collect the civil penalty to being brought by the Attorney General, a district attorney, or city attorney, and would prohibit any private right of action to collect the civil penalty. The bill would prohibit any city, county, or city and county from imposing requirements on manufacturers, operating system providers, wireless carriers, or retailers relating to technological solutions for smartphones.
Chaptered by Secretary of State. Chapter 275, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 28. Noes 8. Page 4400.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 53. Noes 20. Page 5908.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended. (Page 5847.)
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 9. Noes 5.) (June 23).
From committee: Do pass and re-refer to Com. on U. & C. (Ayes 11. Noes 3.) (June 17). Re-referred to Com. on U. & C.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B.,P. & C.P.
Hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B.,P. & C.P.
Referred to Coms. on B.,P. & C.P. and U. & C.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 26. Noes 8. Page 3415.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read third time and amended.
Ordered to second reading.
Read third time. Refused passage. (Ayes 19. Noes 17. Page 3243.)
Reconsideration granted. (Ayes 37. Noes 0. Page 3244.)
Motion to reconsider made by Senator Leno.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 2. Page 3078.) (April 1).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U., & C.
Set for hearing April 1.
From printer. May be acted upon on or after March 9.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB962 | HTML |
| 02/06/14 - Introduced | |
| 03/24/14 - Amended Senate | |
| 04/09/14 - Amended Senate | |
| 05/05/14 - Amended Senate | |
| 06/02/14 - Amended Assembly | |
| 06/12/14 - Amended Assembly | |
| 07/01/14 - Amended Assembly | |
| 08/04/14 - Amended Assembly | |
| 08/12/14 - Enrolled | |
| 08/25/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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