Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. This bill would declare it is the policy of the state that a worker providing direct patient care be free to use their professional judgment to make assessments and decisions within their scope of practice as appropriate for their patients. The bill would prohibit an employer from retaliating or discriminating against a worker providing patient care, as specified. The bill would authorize a worker who is subject to retaliation or discrimination in violation of these provisions to file a complaint with the Labor Commissioner against an employer. The bill would require the Labor Commissioner to enforce these provisions, as specified. Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. Existing law prohibits a defendant who developed, modified, or used artificial intelligence, as defined, from asserting a defense that the artificial intelligence autonomously caused the harm to the plaintiff. This bill would prohibit a defendant who developed, modified, selected, or deployed a clinical decision support system that is alleged to have harmed the plaintiff from asserting a defense that the failure of a licensed health care professional or other health care worker to override an output of the clinical decision support system is a superseding cause severing the defendant's liability for the alleged harm.
Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations. This bill, beginning on July 1, 2027, would prohibit an employer, as defined, from using an ADS to perform certain functions and would limit the purposes for and way in which an ADS may be used. The bill would, when an employer primarily uses an ADS to make a disciplinary or termination decision, authorize an employee to request, and require an employer to provide, a description of the employee's own data primarily used by an ADS to make a disciplinary or termination decision, as specified. The bill would require an employer that primarily relied upon an ADS to make a disciplinary or termination decision to provide the affected employee with a written postuse notice, as specified. This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any employee for taking certain actions asserting their rights under the bill. The bill would authorize the Labor Commissioner to enforce the bill's provisions and also authorize a public prosecutor to bring a civil enforcement action, as specified. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation. This bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill would provide that it does not prohibit the use of an automated decision system relating to the development of aircraft for use in the national airspace or the development of products or services for national security, military, space, or defense purposes, if the use of an automated decision system is reasonably necessary to comply with the federal statute, the federal regulation, or the binding federal contract, as specified. The bill would include a statement that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would declare that its provisions are severable.
Existing law prohibits the intentional use of an electronic amplifying or recording device to eavesdrop upon or record a confidential communication, as specified, without the consent of all parties to the communication. Existing law additionally prohibits tapping a communication wire or intercepting or recording a telephone communication, as specified, without the consent of all parties, and prohibits trespassing on property for the purpose of committing, or attempting to commit, a violation of those prohibitions. A violation of those provisions is punishable by a fine not exceeding $2,500, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment, unless otherwise exempted. If that person has previously been convicted of a violation of any of the above-described laws, except for the prohibition on trespassing, a violation of any of those provisions is punishable by a fine not exceeding $10,000, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment. This bill would additionally prohibit a person from operating a wearable recording device, as defined, to capture sound or video of any other person in any area within a place of business, as defined, where the person has a reasonable expectation of privacy unless the person operating the device has the explicit consent of that person to capture sound or video of that person. The bill would prohibit a person from disabling any light, sound, or other indicator on a wearable recording device that indicates that the device is capturing sound or video. The bill would exempt from these provisions the use of hearing aids, augmentative and alternative communication devices, and similar devices by persons with impaired hearing or communication disorders when used for the purpose of overcoming the impairment or disorder to permit the hearing of sounds ordinarily audible to the human ear or to support communication with the person or by persons with a disability if the device or technology is used for the purpose of enabling a person's access to, or participation in, activities of daily living or to support a person's functional needs related to the disability or condition. The bill would make a violation of these provisions punishable by a fine not exceeding $1,500, by imprisonment as a misdemeanor, or by both that fine and imprisonment. The bill would make the exemptions from the provisions described above applicable to violations of these prohibitions. By creating new crimes, the bill would impose a state-mandated local program. The bill would, commencing on January 1, 2028, prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce a wearable recording device without a light, sound, or other indicator that is sufficiently prominent so that a reasonable person in the vicinity would be alerted to the capturing activity. The bill would prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any technology that is designed for the primary purpose of, primarily marketed for, or likely primarily used for enabling a person to disable any light, sound, or other indicator on a wearable recording device that indicates that the device is capturing sound or video and would prohibit a person from purchasing, trading for, otherwise acquiring, or using that technology, as specified. The bill would make a knowing violation of these provisions punishable by a civil penalty not exceeding $2,500 per violation. 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 prohibits a person from using a bot, as defined, to mislead another person about the bot's artificial identity to incentivize the purchase or sale of goods or services, among other things. Existing law requires an operator of a companion chatbot, as defined, to provide a disclosure regarding the companion chatbot's artificial identity if a reasonable person interacting with the companion chatbot would be misled to believe that the person is interacting with a human. This bill would prohibit a large private business, as defined, from representing that a customer service chatbot is a human. The bill would also require the large private business to provide certain disclosures if a reasonable person interacting with the chatbot would be misled to believe they are interacting with a human. This bill would require a large private business to provide a customer service feature allowing customers to contact a customer service agent during its regular business hours, as defined. This bill would require, except as specified, large private businesses to make a good faith effort to connect a customer to an agent within 15 minutes after a request for human customer service is made, or schedule an appointment with the customer, as specified. For online chatbot customer service platforms and telephonic customer service platforms, the bill would require a large private business to make a good faith effort to limit initial and cumulative telephonic hold times, and would require certain large private businesses to post prescribed contact information on their internet website. The bill would authorize a public prosecutor to enforce these provisions, and would make a large private business that violates these provisions liable for a penalty of up to $5,000 for an initial violation, and $10,000 for each subsequent violation. The bill would waive its requirements due to unforeseen circumstances beyond the reasonable control of a large private business or extraordinary or emergency situations, and would exempt a large private business that provides services subject to, and is in compliance with, specified public utilities law. The bill would further exempt exclusive business lines and communications by a hospital, as specified, and a consumer reporting agency, as prescribed. The bill would define terms for these purposes.
Existing law establishes various healing arts boards within the Department of Consumer Affairs that license and regulate various healing arts licensees. Existing laws, including the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act, make a violation of those acts a crime. Existing law regulates the use of artificial intelligence, as defined. Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information to ensure those communications include a disclaimer that indicates to the patient that a communication was generated by artificial intelligence and instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. This bill would regulate the use of artificial intelligence in connection with providing or facilitating psychotherapy services, as defined. The bill, among other things, would authorize an individual, corporation, or entity that provides or facilitates psychotherapy services to use artificial intelligence tools or systems only to assist in providing administrative or supplementary support in psychotherapy services, as specified. The bill would prohibit an individual, corporation, or entity from using artificial intelligence to record or transcribe psychotherapeutic communications or sessions or to triage or screen a person for the need for psychotherapy services unless the patient or client or their authorized representative is informed that artificial intelligence will be used and the purpose of the artificial intelligence tool or system, and the patient or client or their authorized representative provides consent, as specified. The bill would prohibit an individual, corporation, or entity from advertising or otherwise purporting to offer psychotherapy services when the services are provided through the use of companion chatbots. The bill would prohibit an individual, corporation, or entity from allowing artificial intelligence to perform certain acts, including making therapeutic decisions or detecting emotions or mental states, as specified, without review and approval by a licensed professional. The bill would make a violation of the bill's provisions subject to the jurisdiction of the appropriate health care professional licensing board or enforcement agency, as specified, and would authorize those boards and enforcement entities to pursue any remedies authorized by law. Existing law, the Confidentiality of Medical Information Act, generally restricts the persons and entities to whom, and the purposes for which, a health care provider, health care service plan, or contractor may release a patient's medical information. The Confidentiality of Medical Information Act additionally imposes certain disclosure requirements for the release of medical information that specifically relates to the patient's participation in outpatient treatment with a psychotherapist. In this regard, the act prohibits a health care provider, health care service plan, or contractor from releasing that information to persons or entities who have requested that information and who are otherwise authorized by specified laws to receive that information, unless the requester makes certain written disclosures to the patient and to the provider of health care, health care service plan, or contractor, as specified. Those disclosures include, among other things, the specific intended uses of the information, and the length of time during which the information will be kept before being destroyed or disposed of, as specified. Existing law makes a violation of those provisions that result in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would require the use of artificial intelligence in patient or client records for psychotherapy services to comply with the confidentiality requirements of the above-described provision of the Confidentiality of Medical Information Act and would prohibit a company or entity from sharing, selling, storing, or training their models on any data obtained from psychotherapy in a manner inconsistent with any applicable law. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a county elections official is required to prepare a certified statement of the results of an election and submit it to the county board of supervisors within 30 days of the election. This bill would make it a felony, punishable by imprisonment for 16 months or 2 or 3 years, to seize or cause or assist in the seizure of ballots, election records, or certified voting technology before election results are certified by the elections official. The bill would also make it a felony punishable by imprisonment for 2, 3, or 4 years for any person with authority to direct another person subject to their supervision or authority to seize ballots, election records, or certified voting technology before election results are certified. By creating new crimes, 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
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.
Existing law generally regulates the business of renting passenger vehicles to the public. The law prohibits a rental company from taking various actions, including requiring the purchase of a damage waiver, optional insurance, or another optional good or service, and using electronic surveillance technology to track a renter in order to impose fines or surcharges relating to the renter's use of a rental vehicle. This bill would require any privately owned vehicle rented by, or furnished to, any federal, state, or local law enforcement agency for the use of detaining, arresting, or transporting persons who have violated, or are suspected of having violated, any law, to display a temporary decal displaying the agency name and logo, as specified. The bill would authorize certain attorneys, including the Attorney General, to pursue a civil action against the entity renting the vehicle from the private owner for failure to comply with these provisions. The bill would require the rental car contract to include a term that compliance with state law is mandatory. The bill would exempt privately owned vehicles rented or otherwise furnished or loaned to a law enforcement agency for specified purposes and rental car contracts entered into prior to January 1, 2027, from these provisions. The bill would make related findings and declarations.
Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer's personal information, as specified. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce those provisions. Existing law requires a retail grocery store or grocery department within a general retail merchandise store that uses a point-of-sale system to have a clearly readable price indicated on 85% of the total number of packaged consumer commodities offered for sale, subject to specified exemptions. This bill would, subject to certain exceptions, prohibit a retailer from engaging in surveillance pricing. The bill would define "surveillance pricing" to mean offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information, as specified, and determined in whole or in part through the use of any technology, software, program, machine-based system, or computational process that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques. The bill would also define "surveillance pricing" to mean random variations in prices to different consumers using a website, mobile application, or comparable online technology. The bill would provide that its provisions do not limit or impair any consumer right or remedy available under any other state or federal law. The bill would declare that any waiver of these provisions is against public policy and is void and unenforceable. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law authorizes designated health care services providers, employees, volunteers, and patients, and individuals who face threats of violence or violence or harassment from the public because of their affiliation with a designated health care services facility, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law defines "designated health care services" to mean gender-affirming health care services or reproductive health care services. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor. Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any designated health care services patient, provider, or assistant, or other individuals residing at the same home address, with the intent to incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a designated health care services patient, provider, or assistant with the intent described above. Existing law establishes a cause of action for injunctive or declarative relief for a violation of these prohibitions. Existing law prohibits a person from posting on the internet or social media, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a designated health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address. This bill would, commencing October 1, 2027, similarly establish an address confidentiality program for a designated immigration support services provider, employee, or volunteer, as defined, who faces threats of violence or harassment from the public because of their affiliation with a designated immigration support services facility. This bill would additionally prohibit a person, business, or association from soliciting, selling, or trading on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer with the intent described above. The bill would also, among other things, prohibit a person from posting on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer, or other individuals residing at the same home address, with the specific intent that another person imminently use that information to commit a crime involving violence or a threat of violence that is likely to occur against such an individual. The bill would define various terms for these purposes. By imposing new duties on local agencies and creating new crimes, this bill would create 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. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
