(1) The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. Existing law makes a violation of these provisions that results in economic loss or personal injury punishable as a misdemeanor. Existing law deems a business that offers a mental health digital service or reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual's information, or for the diagnosis, treatment, or management of a medical condition of the individual, to be a provider of health care subject to the requirements of the CMIA. The bill would additionally deem a business that offers a health care chatbot, as defined, to a consumer for the above-described purposes to be a provider of health care subject to the requirements of the CMIA. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. (2) 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, as defined, to ensure that those communications include both a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person, except as specified. This bill would require a health facility, clinic, physician's office, or office of a group practice to take reasonable steps to ensure that a licensed health care professional, acting within their scope of practice, retains the ability to exercise independent professional judgment in their care of a patient whenever that care is informed by the output of a clinical decision support system, as defined. The bill would prohibit a health facility, clinic, physician's office, or office of a group practice from using or deploying a tool, system, or device that includes artificial intelligence to independently perform any clinical function that is required by law to be performed by a person with a professional license. The bill would make a violation of these provisions by a physician subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California. The bill would also authorize the appropriate professional licensing board to pursue an injunction or restraining order to enforce these provisions to the extent that a violation constitutes the practice of a health care profession without a license. The bill would specify that these provisions do not apply to the use of automated decision systems for documentation and communication that does not involve the application of professional judgment, including automated messages to inform patients of updates to their health records. (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 no reimbursement is required by this act for a specified reason.
Existing law requires the State Department of Public Health to establish an advisory committee to advise the Legislature and the Governor on human cloning and other issues relating to human biotechnology. Existing law requires the California State University, and requests the University of California, to develop systemwide guidance for purchasing gene synthesis equipment or gene synthesis products from gene synthesis providers who prevent the misuse of synthetic genes and safeguard the benefits of gene synthesis technology while minimizing risk, as specified. This bill would prohibit a manufacturer of benchtop nucleic acid synthesis equipment, as defined, from producing equipment in this state or selling or delivering that equipment to a customer in this state unless the manufacturer adheres to the Framework for Nucleic Acid Synthesis Screening issued by the Fast Track Action Committee on Synthetic Nucleic Acid Procurement Screening of the National Science and Technology Council, as revised in September 2024, with respect to that equipment, attests that they comply with the framework with respect to that equipment, and posts that attestation on a public internet website, and would prohibit a provider of specified synthetic nucleic acids from producing those nucleic acids in this state or selling or delivering those nucleic acids to a customer in this state unless the provider adheres to the framework described above with respect to those nucleic acids, attests to complying with the framework with respect to those nucleic acids, and posts that attestation on a public internet website. The bill would make a violation of the prohibitions described above subject to a civil penalty in an amount dependent on the severity of the violation that does not exceed $5,000 per day that the violation continues. The bill would make related findings and declarations. This bill would provide that the provisions of this bill are severable.
Existing law requires a vlogger to compensate a minor under 18 years of age if the minor is engaged in the work of vlogging, as specified. Existing law generally provides for the protection of minors on the internet, including by imposing certain requirements on an operator of an internet website, online service, online application, or mobile application if it is directed to minors or the operator has actual knowledge that a minor is using it. Among those provisions, existing law requires the operator to permit a minor who is a registered user to remove content or information that the user posted on the operator's internet website, online service, online application, or mobile application, as specified. This bill would require a social media platform to provide a clear and conspicuous mechanism by which a child influencer, as defined, can request a vlogger, either directly or through a specified notice process, to delete or edit certain paid content that features the child influencer as a minor, as prescribed. The bill would require the vlogger to delete or edit the content so that the child influencer is no longer featured within 10 business days of receiving the request. The bill would define "vlogger" to mean a person who is a parent, legal guardian, or family member of a child influencer who shared images or video content featuring that child influencer constituting at least 30% of the person's content shared on social media platforms and who received compensation for sharing that content featuring the child influencer. The bill would authorize a child influencer to bring a specified civil action against a vlogger who violates the bill.
Existing law provides that in a civil action brought by a plaintiff to challenge a housing development project that meets or exceeds the requirements for low- or moderate-income housing, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action would result in preventing or delaying the project, as specified. Existing law authorizes the court to limit the amount of the undertaking or to decline to require the plaintiff to furnish an undertaking if the court determines that, based on evidence submitted by the plaintiff, furnishing an undertaking would cause the plaintiff to suffer undue economic hardship. This bill would make these provisions applicable to a student housing development, as defined. This bill would incorporate additional changes to Section 529.2 of the Code of Civil Procedure proposed by SB 1344 to be operative only if this bill and SB 1344 are enacted and this bill is enacted last.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law requires the trustees to provide by rule for the government of their appointees and employees, including, among other things, rules related to appointment, classification, and duties. Existing law requires certain community college employees to be a person who meets specified minimum qualifications, as provided. This bill would explicitly require the instructor of record for a course of instruction to be a person who meets the rule provided by the trustees to serve as a faculty employee, as described, teaching credit instruction or noncredit instruction. The bill would also explicitly require a California State University faculty employee to be a person who meets the rule provided by the trustees to serve in that position.
Existing law establishes the California Privacy Protection Agency (CPPA) to enforce various laws protecting the privacy of individuals. If a business knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship, existing law requires the business to register with the CPPA as a data broker, except as specified. Existing law requires the CPPA to establish an accessible deletion mechanism that allows a consumer to request that every data broker delete any personal information related to that consumer held by the data broker or associated service provider or contractor, as prescribed. Existing law requires, beginning August 1, 2026, a data broker to access that deletion mechanism at least once every 45 days and, among other things, process all deletion requests and delete all personal information related to the consumers making the requests, as specified. This bill would change the above-described 45-day period to a 30-day period and make conforming changes. This bill would require the Secretary of State, certain local government officials, the Judicial Council, and the State Bar of California to notify any state elected official, local elected official, or judge, as applicable, that the person may submit a request to delete that person's personal information through the above-described accessible deletion mechanism, as prescribed. By imposing additional duties on local government officials, this bill would impose a state-mandated local program. This bill would authorize the Attorney General, a county counsel, or a city attorney to bring a civil action, on behalf of an elected official or judge, against a data broker who violates certain personal information deletion requirements, as prescribed. This bill would make its provisions relating to the notice and enforcement of requests for deletion of personal information of elected officials and judges operative on July 1, 2027. 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 allows an individual taxpayer to contribute amounts in excess of their personal income tax liability for the support of specified funds and accounts, including, among others, to the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. This bill would, for taxable years beginning on or after January 1, 2026, and before January 1, 2033, allow an individual to designate on their tax return that a specified amount in excess of their tax liability be transferred to the continuously appropriated California Sea Otter Voluntary Tax Contribution Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund. By establishing a new continuously appropriated fund, this bill would make an appropriation. The bill would also require the fund to appear on the personal income tax return for taxable years beginning on or after January 1, 2026, and before January 1, 2033. The bill would require that the above provisions remain operative only until December 1, 2033, and be repealed as of that date. However, the bill would provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during the 2nd and later calendar years after its first appearance on a return will not at least equal the minimum contribution amount, in which case these provisions would be repealed on December 1 of that year. The bill would require, notwithstanding the repeal of the bill's provisions, that any contribution amounts designated prior to the repeal of the bill's provisions be transferred and disbursed in accordance with those provisions, as specified.
Under existing tax law, once a tax liability becomes due and payable, as defined, a statutory lien arises for that amount upon all real and personal property belonging to that taxpayer. Existing law establishes a statute of limitations on collections of those liabilities to limit the collection period to 20 years beginning from the date that the latest tax liability for a taxable year or the date any other liability that is not associated with a taxable year becomes due and payable, and thereafter extinguishes that liability. Existing law defines "tax liability" as a liability imposed under the Personal Income Tax Law, the Corporation Tax Law, or the laws related to the administration of franchise and income tax laws, including any additions to tax, interest, penalties, fees, and any other amounts relating to the imposed liability. This bill would redefine "tax liability" to exclude interest, penalties, costs, or fees, except a specified fee on limited liability companies, relating to the assessment of tax, any other amounts relating to the imposed liability, and any additions to tax. The bill would require the collection period for interest, penalties, costs, or fees that may accrue with a particular tax liability to lapse at the same time as the related tax liability.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations. This bill would require that the discounted rates also be provided to qualifying schools, school districts, and county offices of education serving preschools, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, public libraries and public library systems, rather than libraries, and noninstructional facilities operated or contracted by qualifying schools, school districts, county offices of education, community colleges, community college districts, public libraries, and public library systems, including their associated data centers or administrative offices, as provided. Existing law authorizes all customers eligible to receive discounts for telecommunications services under the federal Universal Service E-rate program to also apply for discounts on telecommunications services provided through the California Teleconnect Fund Administrative Committee Fund program. Existing law requires the commission to first apply an E-rate discount if the customer, in the determination of the commission, meets the requirements for an E-rate discount, as provided. This bill would instead require the service provider to first apply an E-rate discount, as determined by the commission, if the customer, in the determination of the commission, meets the requirements for an E-rate discount, except as provided. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be part of the act and a violation of a commission action implementing the bill's requirements would be a crime, 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.
Existing law requires a social media platform to take certain actions with respect to child sexual abuse material on the social media platform, including requiring the platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material and that the reporting user is depicted in the material. Existing law also requires the social media platform to collect information reasonably sufficient to enable the platform to contact, as specified, a reporting user. Existing law defines child sexual abuse material for these purposes to include obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct. This bill would revise the definition of child sexual abuse material to instead include an intimate visual depiction, as defined, of an identifiable individual who is a minor. The bill would additionally require the above-described mechanism to be clear and conspicuous, as defined, and would delete the requirement that the reporting user be depicted in the material. The bill would require a social media platform to, among other things, ensure review by a natural person if there is not an established or known hash match to child sexual abuse material with respect to the reported material and the reported material is not otherwise blocked. The bill would require a social media platform to restore availability or functionality of the reporting mechanism if the reporting mechanism is unavailable or nonfunctional. Existing law makes a noncomplying social media company liable to a reporting user for actual damages and statutory damages, as specified. This bill would instead make a social media company liable to a depicted individual, as defined, for actual and statutory damages, as provided. The bill would also impose specified civil penalties on a noncomplying company to be collected in a civil action by certain public attorneys, including the Attorney General. Existing law establishes the Survivor Support Fund within the state treasury and makes moneys in the fund available, upon appropriation by the Legislature, for grants by the California Victim Compensation Board to community-based organizations that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking. This bill would require any penalty collected in a civil action by the Attorney General under these provisions to be deposited into the Survivor Support Fund. Existing law prohibits a social media platform from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as defined. Existing law deems a social media platform to have knowledge for the purposes of this prohibition if material was reported to the social media platform using the reporting mechanism for 4 consecutive months, as provided. Existing law exempts a social media platform from being deemed in violation of this prohibition if it instituted a specified audit program and provided to each member of its board of directors a true and correct copy of each audit, as prescribed. This bill would remove the requirement that material was reported for 4 consecutive months to deem a social media platform to have knowledge for the purposes of the above-described prohibition. The bill would, in order to be exempt from that prohibition, require the social media platform to also submit the audit to the Attorney General, and if requested, to certain other public officials. The bill would provide that an audit submitted as described above is confidential and shall be exempt from disclosure under the California Public Records Act. This bill would declare its provisions severable. 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 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.
