Existing law generally regulates obscene content on internet websites, including requiring a social media platform to provide a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is child sexual abuse material and prohibiting an operator of an internet website directed to minors from advertising obscene matter to minors. Under existing law, a person who distributes an image of an intimate body part or act of sexual intercourse of an identifiable person, under specified circumstances that include an agreement or understanding that the image would remain private, is guilty of a crime. This bill would require an operator of a pornographic internet website, among other things, to exercise ordinary care and reasonable diligence to ensure that each instance of sexually explicit content displayed on the operator's pornographic internet website does not include a depicted individual. The bill would define terms, including "depicted individual" for its purposes. This bill would also require an operator to exercise ordinary care and take reasonable steps to ensure that each instance of sexually explicit content uploaded to the operator's pornographic internet website does not include a depicted individual. The bill would require a user of a pornographic internet website, before uploading sexually explicit content, to submit specific information to the operator, including a statement certifying, under penalty of perjury, that each individual depicted in the sexually explicit content meets certain criteria. Under the bill, knowingly providing false information in the user statement would be punishable as an infraction with a specified fine. By expanding the crime of perjury and creating a new crime, this bill would impose a state-mandated local program. This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce these provisions, as prescribed. This bill would exclude sexually explicit content transmitted on an online dating service through a private messaging or direct-communication feature from its provisions, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the governing board of a school district, when adopting instructional materials for use in school, to include relevant technology-based materials, defined for these purposes to mean basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource, and including the electronic equipment required to make use of those materials used by pupils and teachers as a learning resource, including, but not limited to, laptop computers and devices that provide internet access. Existing law prohibits a school official from requiring a pupil to purchase any instructional materials for the pupil's use in the school, except as provided. Commencing with the 2027–28 school year, this bill would prohibit, unless necessary under a specified circumstance, a school district, county office of education, or charter school from requiring a pupil in kindergarten, including a pupil in transitional kindergarten, to take home a school-issued electronic device, as defined, except that a local educational agency may authorize those pupils to take home a school-issued electronic device. The bill would encourage local educational agencies to regularly review and update their policies related to pupils' screen time and, in conducting that review, to solicit input from, among others, currently employed teachers and school administrators. This bill would require the State Department of Education, on or before July 1, 2027, to (1) curate and maintain on its internet website resources for age-appropriate screen time and electronic device use in schools and guidance on how to transition take-home school-issued electronic devices into dedicated classroom-based electronic devices and how to participate in e-waste recycling or buy-back programs, and (2) take into consideration when curating the resources and guidance, among other things, developmentally appropriate screen exposure time at each grade level.
The California Constitution provides that people have the right of access to information concerning the conduct of the people's business. Various provisions of existing law, including the California Public Records Act, the Legislative Open Records Act, the Bagley-Keene Open Meeting Act, and the Ralph M. Brown Act, provide, with some exceptions, for public access to government records and meetings of government bodies. Among those acts, the California Public Records Act defines "person" to include any natural person, corporation, partnership, limited liability company, firm, or association. Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA defines "person" to include any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, and, among other things, the state. Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes procedures for the preparation, approval, and certification of local coastal programs that regulate development in the coastal zone, as defined, in jurisdictions that have a certified local coastal program. This bill would specify that, for purposes of the California Public Records Act, the Bagley-Keene Open Meeting Act, the Ralph M. Brown Act, the Legislative Open Records Act, the Administrative Procedure Act, the California Coastal Act of 1976, and CEQA, "person," "interested person," "participant," "member of the public," as applicable, and any other similar terms under each act referring to those who may engage with governmental agencies, do not include artificial intelligence, as defined, systems, autonomous agents, or robots, whether physical or digital. The bill would authorize governmental agencies to use a disclosure verification tool to determine if artificial intelligence is present. The bill would make findings and declarations related to these provisions. The bill would prohibit a person from knowingly using artificial intelligence to falsely represent that a natural person appeared before, submitted information to, or otherwise engaged with a governmental agency. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies. Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another. This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.
The California Constitution authorizes the Legislature to exempt from taxation, in whole or in part, property that is used exclusively for religious, hospital, or charitable purposes, and is owned or held in trust by a nonprofit entity. Pursuant to that authority, existing law provides for a welfare exemption under which property used exclusively for an exempt purpose and owned and operated by specified entities, including foundations, limited liability companies, or corporations meeting certain statutory requirements is exempt from taxation. This bill would specify that for the purposes of the welfare exemption provisions above, "property used exclusively for religious, hospital, scientific, or charitable purposes" shall not include property, or any portion thereof, operated as a detention facility, as defined. The bill would declare that the above provision is declarative of, and not a change in, existing law.
Existing law prohibits a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as those terms are defined, without first obtaining a court order. Existing law authorizes a person who has been injured by a violation of that prohibition to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would instead authorize only the Attorney General to bring that action for a violation of the above-described provision if the action is alleged to arise from conduct occurring on an internet website, online application, or mobile application. The bill would provide that this limitation applies retroactively to any pending claim in an action commenced within 2 years before the operative date of the bill. The bill would declare the severability of its provisions.
The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information that is collected by a business, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. The California Privacy Rights Act of 2020, an initiative measure approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. Existing law, the Insurance Information and Privacy Protection Act, establishes privacy standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, and insurance-support organizations. The Insurance Information and Privacy Protection Act imposes various monetary penalties for violations of the act and makes a person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses guilty of a misdemeanor. On and after July 1, 2028, this bill would revise the Insurance Information and Privacy Protection Act to establish new standards for the processing and sharing of consumers' personal information by insurance licensees, surplus line insurers, reinsurers, and third-party service providers. The bill would authorize processing or sharing of a consumer's personal information for specified purposes, including sharing in connection with an insurance transaction. The bill would require a licensee, surplus line insurer, reinsurer, or third-party service provider to provide a clear and conspicuous privacy notice presented as a stand-alone document that includes specified information to a consumer within a specified period of time, and would prohibit the sharing of a consumer's personal information unless it is reasonably necessary and proportionate to achieve specified purposes related to an insurance transaction or another purpose that is fully disclosed to the consumer and to which the consumer has consented. The bill would also require a licensee to provide a privacy rights notice, as specified, to each consumer with whom the licensee has an ongoing business relationship. The bill would require a licensee, surplus line insurer, reinsurer, or third-party service provider to obtain a consumer's consent to take specified actions, and would set forth the means by which consent is obtained. The bill would authorize a licensee, surplus line insurer, or reinsurer to retain personal information, as specified, and would require a licensee, surplus line insurer, or reinsurer to develop a written records retention policy and schedule. The bill would require a licensee, surplus line insurer, or reinsurer to provide specified information to a consumer if it makes an adverse underwriting decision, and would provide a process by which a consumer may access, correct, amend, or delete any personal information about the consumer in the possession of the licensee, surplus line insurer, reinsurer, or its third-party service providers. The bill would require a contract between a licensee, surplus line insurer, or reinsurer and a third-party service provider to govern the processing and sharing of personal information performed on behalf of the licensee, surplus line insurer, or reinsurer. The bill would prohibit retaliation against a consumer because the consumer exercised or attempted to exercise their rights under the act. The bill would prohibit public disclosure of specified systems, processes, policies, procedures, and plans that are disclosed to the Insurance Commissioner. The bill would also make technical and conforming changes. This bill would authorize a penalty of at least $5,000, not to exceed $1,000,000 in the aggregate for multiple violations of the act. The bill would increase the fine if a cease and desist order is violated to at least $15,000 for each violation, and would increase a fine to at least $50,000 for each violation if the commissioner finds the violations to be a general business practice. Under the bill, a person who knowingly and willfully obtains information about a consumer from a licensee, surplus line insurer, reinsurer, or third-party service provider under false pretenses would be guilty of a misdemeanor, punishable by a fine of up to $50,000, imprisonment in a county jail for up to 6 months, or both, thus expanding the applicability of a crime and imposing a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes to Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by AB 1798 to be operative only if this bill and AB 1798 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Aeronautics Act, governs various matters relative to aviation in the state, and authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. This bill, the Advanced Air Mobility Infrastructure Act, would require the department, in coordination with specified agencies, to include advanced air mobility, as defined, in the next update to the California Transportation Plan prepared after January 1, 2027, and to establish a statewide working group to facilitate ongoing collaboration to explore California's role as a leader in the development and implementation of advanced air mobility, as specified. The bill would prohibit its provisions from being construed to (1) interfere with or suspend the authority of the Federal Aviation Administration or any other federal department or agency, or state zoning laws or regulations, as specified, or (2) limit or interfere with the jurisdiction, authority, rights, or responsibilities of any airport sponsor or operator, as specified.
Existing law requires the governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, to establish a policy regarding participation in extracurricular and cocurricular activities by pupils in those grades as a condition for the receipt of specified school funding allocations. This bill, commencing with the 2027–28 school year, would prohibit a school district, county office of education, or charter school from excluding a pupil from participating in any extracurricular activity, including sports and clubs, due to the pupil not having or using addictive feeds, as defined. Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, to be notified on a timely basis if their child is absent from school without permission. This bill, commencing with the 2027–28 school year, would prohibit a school district, county office of education, or charter school from using addictive feeds, as defined, as the only means of contacting pupils or pupils' parents or guardians.
Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, develop, and the State Board of Education to adopt, modify, or revise, model curriculum frameworks, as specified. Existing law requires the commission, when the health curriculum framework is next revised on or after January 1, 2025, to consider providing for inclusion, in that curriculum framework, content on sextortion, as defined. Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education from instructors trained in the appropriate courses, at least once in junior high or middle school and at least once in high school. Under the act, this instruction includes, among other things, information about human trafficking. Existing law requires school districts, as part of the requirement of the California Healthy Youth Act that pupils receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses, to ensure the periodic conduction of continuation training to enable school district personnel to learn about new developments in the understanding of, among other things, human trafficking, and to receive instruction on current prevention resources, as provided. This bill would require the commission, when the health curriculum framework is next revised on or after January 1, 2027, to consider providing for inclusion in that framework content related to human trafficking and online safety, including how to prevent human trafficking, how to prevent exploitation for labor and services, how to stay safe from sexually exploitative materials and deepfakes online, foundational digital citizenship skills, and skills-based content that builds protective factors, as provided. The bill would require the topics considered to follow a cumulative, age-appropriate progression from kindergarten to grades 1 to 12, inclusive, as provided. The bill would require the State Department of Education to curate and maintain information on its internet website related to the above-described topics, and related recommended training for educators, as provided.
