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 would require an employer to provide a written notice that an ADS, for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified. The bill would require the employer to maintain an updated list of all ADS currently in use. The bill would require an employer to notify, as provided, a job applicant that the employer utilizes an ADS when making hiring decisions, if the employer will use the ADS in making decisions for that position. The bill would prohibit an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions. The bill would authorize a worker to request, and require an employer to provide, a copy of the most recent 12 months of the worker's own data primarily used by an ADS to make a discipline, termination, or deactivation decision, as specified. The bill would require an employer that primarily relied on an ADS to make a discipline, termination, or deactivation decision to provide the affected worker with a written 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 worker for taking certain actions asserting their rights under the bill. The bill would require the Labor Commissioner to enforce the bill's provisions, as specified, and would authorize a public prosecutor to bring a civil action. 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. The 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 declare that its provisions do not prohibit any employer from complying with regulatory or contractual requirements in the provision of products or services to the federal government, as defined. This bill would declare that its provisions are severable.
Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed. Existing law generally prohibits a person from using violence or intimidation to interfere with another person's enjoyment of certain rights or because of certain attributes of that person, including the person's political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights through its algorithms that relay content to users or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would declare its provisions to be severable and would declare attempted waiver of its provisions to be void and unenforceable. This bill would become operative on January 1, 2027.
Existing law establishes, under the Medi-Cal program, certain time and distance standards for specified Medi-Cal managed care covered services, consistent with federal regulations relating to network adequacy standards, to ensure that those services, including certain specialty care, are available and accessible to enrollees of Medi-Cal managed care plans in a timely manner. Existing law sets forth other timely access requirements for health care service plans and health insurers, including with regard to referrals to a specialist. Existing law establishes various health professions development programs, within the Department of Health Care Access and Information, for the promotion of education, training, and recruitment of health professionals to address workforce shortage and distribution needs. Existing law sets forth various provisions for the authorized use of telehealth in the delivery of health care services. This bill would, subject to an appropriation, require the California Health and Human Services Agency, in collaboration with the Department of Health Care Access and Information and the State Department of Health Care Services, to establish a demonstration project for a grant program. Under the bill, the grant program would be aimed at facilitating a telehealth and other virtual services specialty care network or networks that are designed to serve patients of safety-net providers consisting of qualifying providers, as defined. Under the bill, the purpose of the demonstration project would be to improve access to specialty care for Medi-Cal beneficiaries through development of a financially sustainable specialty care network or networks that are focused on serving the needs of the health care safety net. The bill would authorize the focus of the project to include increasing access to behavioral and maternal health services and additional specialties prioritized by the agency. The bill would state the intent of the Legislature that implementation of the demonstration project would facilitate compliance with any applicable network adequacy standards. The bill would require the agency to administer the grant program to award grant funds to one or more grantees based on an application process and by meeting specified conditions. The bill would require a grantee to use the funds to develop a network or networks by, among other things, providing health information technology and technical assistance to support both the specialists and any primary care provider care coordination, referral, or electronic consultations. The bill would require the agency to arrange an independent evaluation of the demonstration project. The bill would require the evaluation to examine the extent to which the project was successful in achieving certain objectives, including, among others, reducing structural barriers to access experienced by patients. The bill would require a grantee to report data and information to allow for monitoring and evaluation of the project. The bill would require the agency to ensure that lessons learned, recommendations, and best practices from the project are publicly disseminated to inform the development of a telehealth and specialty care network or networks to serve the needs of the health care safety net.
(1) Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use, as prescribed. Existing law defines "sensitive personal information" to mean, among other things, personal information that reveals a consumer's precise geolocation. 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. This bill would prohibit a covered entity from collecting or processing the location information of an individual unless doing so is necessary to provide goods or services requested by that individual. The bill would impose various other restrictions on covered entities with regard to location information. The bill would define various terms for purposes of these provisions, including "location information" to mean information that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device, as specified. This bill would require a covered entity to prominently display, at the point where location information is being captured, a notice to individuals stating that their location information is being collected, the name of the covered entity and service provider collecting the information, and a phone number and an internet website where the individual can obtain more information. The bill would require a covered entity to maintain and make available to the data subject a location privacy policy that includes specified information on data usage and management and is subject to a specified notice procedure. This bill would make a covered entity that violates these provisions liable for actual or statutory damages and other specified relief. The bill would authorize the Attorney General or other public prosecutors to bring an action to recover a civil penalty against a covered entity that violates these provisions. This bill would require a business, as defined by the CCPA, to comply with the above-described provisions. (2) Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to agencies, as defined, with regard to their collection, storage, and disclosure of personal information, as defined. This bill would prohibit a state or local agency, including an agency as defined under the Information Practices Act, from monetizing, as defined, location information. By imposing new requirements on local agencies, this bill would impose a state-mandated local program. (3) 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. (4) The California Consumer Privacy Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law designates persons responsible for completing a certificate of death and the required contents of the certificate. Existing law requires the State Department of Public Health to implement an internet-based electronic death registration system for the creation, storage, and transfer of death registration information. Existing law authorizes the State Registrar to incorporate computer or telephone facsimile technology, or both, in the statewide program of death registration. This bill would require the State Registrar to use updated technology, including computer and mobile telephone applications, to upgrade the system. The bill would also require that specified individuals, including a physician, medical examiner, and local registrar, have the ability to access the electronic death registration system in addition to the individuals currently responsible for completing a certificate of death.
The California AI Transparency Act requires a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state to make available an AI detection tool at no cost to the user that, among other things, allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider's generative artificial intelligence system. The California Consumer Privacy Act of 2018 prohibits certain businesses from selling or sharing the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, if the consumer is at least 13 years of age and less than 16 years of age, or the consumer's parent or guardian, if the consumer is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer's personal information. This bill, the Leading Ethical AI Development (LEAD) for Kids Act, would, among other things related to the use of certain artificial intelligence systems by children, prohibit a person, partnership, corporation, business entity, or state or local government agency that makes a companion chatbot available to users from making a companion chatbot available to a child unless the companion chatbot is not foreseeably capable of doing certain things that could harm a child, including encouraging the child to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating. The act would authorize the Attorney General to recover a certain civil penalty for a violation of the bill, as prescribed. The act would authorize a child who suffers actual harm as a result of a violation of the bill, or a parent or guardian acting on behalf of that child, to bring a civil action to recover, among other relief, actual damages. This bill would provide that its provisions are severable.
Existing law generally provides protections for minors on the internet, including the California Age-Appropriate Design Code Act that, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to do certain things, including estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to children to all consumers and prohibits an online service, product, or feature from, among other things, using dark patterns to lead or encourage children to provide personal information beyond what is reasonably expected to provide that online service, product, or feature or to forego privacy protections. This bill, beginning January 1, 2027, would require, among other things related to age verification with respect to software applications, an operating system provider, as defined, to provide an accessible interface at account setup that requires an account holder, as defined, to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store and to provide a developer, as defined, who has requested a signal with respect to a particular user with a digital signal via a reasonably consistent real-time application programming interface regarding whether a user is in any of several age brackets, as prescribed. The bill would require a developer to request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit an operating system provider or a covered application store from using data collected from a third party in an anticompetitive manner, as specified. This bill would punish noncompliance with a civil penalty to be enforced by the Attorney General, as prescribed. This bill would declare its provisions to be severable.
Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would authorize a survivor, as defined, or a designated representative of a survivor, to submit a device protection request to an account manager, as defined, seeking to terminate a perpetrator's access to a connected device or associated user account. The bill would define "survivor" for these purposes to mean an individual who has had specified criminal acts committed or allegedly committed against them or who cares for another individual against whom those criminal acts have been committed or allegedly committed, as provided. The bill would require an account manager, within 2 business days of receiving a complete device protection request, to terminate or disable the perpetrator's access to the connected device or user account, or to inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or a similar state that removes all account holders, as provided. The bill would specify the requirements for a device protection request and would impose certain requirements on an account manager in processing a request. By providing that a device protection request may include a copy of a signed affidavit, the bill would expand the crime of perjury, and thus impose a state-mandated local program. This bill would require the account manager to clearly describe the process to submit a device protection request on their internet website or mobile application and would prohibit the account manager from providing specified information to the perpetrator. The bill would require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor or a designated representative of a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device as described in the bill. 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 establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law generally imposes penalties on a person who negligently, willfully, or maliciously discloses the results of a human immunodeficiency virus (HIV) test to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, as specified. Existing law, notwithstanding the above-described restrictions, authorizes the recording of the HIV test results by the physician who ordered the test in the test subject's medical record and authorizes other disclosure of the results without written authorization of the test subject, or the subject's representative, to the test subject's providers of health care, excluding a regulated health care service plan, for purposes of diagnosis, care, or treatment of the patient. This bill would authorize a provider of health care to disclose the results of an HIV test that identifies or provides identifying characteristics of a Medi-Cal beneficiary without written authorization of the test subject, or the subject's representative, to the Medi-Cal managed care plan to which the beneficiary is assigned, if applicable, and to external quality review organizations conducting external quality reviews of Medi-Cal managed care plans, for the purpose of administering quality improvement programs, including, but not limited to, value-based payment programs and healthy behavior incentive programs, designed to improve HIV care for Medi-Cal beneficiaries. Under the bill, HIV test results that do not identify or provide identifying characteristics of the test subjects would be authorized for disclosure without written authorization by the Medi-Cal managed care plan to departmental staff for the above-described purpose. The bill would make certain clarifying or declaratory statements with regard to related provisions.
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 requires the developer of a generative artificial intelligence system or service that is released on or after January 1, 2022, and made publicly available to Californians for use, to post on the developer's internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service. Existing law defines "artificial intelligence" for these purposes. This bill would prohibit 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.
