Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor. Existing law makes it unlawful for healing arts licensees, as specified, to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image in order to induce the provision of services or products in connection with their licensed professional practice or business. Existing law makes a violation of these provisions punishable as a misdemeanor and, in the case of a licensed person, provides that a violation constitutes unprofessional conduct and grounds for suspension or revocation of a license by the relevant board. This bill would require a person who creates or causes to be created an advertisement that includes a digital replica or synthetic performer depicted as a health care provider to promote the sale of a health-related consumer product or service to include a clear and conspicuous disclosure that the health care provider depicted in the advertisement was generated or substantially altered by artificial intelligence or that no human health care provider is depicted. The bill would also define terms for its purposes. This bill would provide that a violation of its provisions constitutes a violation of specified unfair competition and false advertising laws. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also authorize a natural person whose digital replica is used in an advertisement to bring a civil action to enforce these provisions. The bill would specify that a violation of the bill does not constitute a misdemeanor under provisions regulating healing arts licensees. 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 Office of Emergency Services to, as appropriate, perform a risk analysis of potential threats posed by the use of generative artificial intelligence to California's critical infrastructure, including those that could lead to mass casualty events. Existing law requires that risk analysis to be provided to the Governor, and, if appropriate, include recommendations reflecting changes to artificial intelligence technology, its applications, and risk management, including further private actions, administrative actions, and collaboration with the Legislature to guard against potential threats and vulnerabilities. This bill would require that recommendations in the risk analysis reflecting changes to artificial intelligence technology include agentic artificial intelligence, as defined. Existing law requires the Department of Technology to annually submit to certain legislative committees a report regarding a specified required comprehensive inventory of all high-risk automated decision systems that have been, or are being, used, developed, or procured by a state agency. Existing law defines "high-risk automated decision system" to mean an automated decision system that is used to assist or replace human discretionary decisions that have a legal or similarly significant effect, including decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice. This bill would further require the comprehensive inventory in the report to include agentic artificial intelligence that has been, or is being, used, developed, or procured by a state agency.
The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. Under the act, rates and premiums for automobile insurance are determined based on specified factors, including the insured's driving safety record. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a 23 vote. This bill, the Consumer Driving Data Protection Act of 2026, would authorize a consumer to opt to use telematics to establish their driving record, thus amending Proposition 103. The bill would prohibit the use of telematics data for a purpose other than rating private passenger automobile insurance. The bill would require a rate application under which telematics would be used to establish an insured's driving record to include specified materials related to the insurer's telematics program. This bill would prohibit an insurer that uses telematics from taking specified actions, including conditioning eligibility for a discount upon participation in a telematics program, unless the discount is approved by the commissioner. The bill would also set forth written consent and privacy requirements for the collection and use of telematics data. The bill would authorize the commissioner to impose specified penalties for violations of the bill's provisions, including civil penalties and suspension of an insurer's telematics program. This bill would require an insurance provider or third-party vendor to take specified actions with respect to the telematics data, including immediately deleting the data once a rating has been assigned to the consumer and obtaining an express written or electronic signature of a consumer on a notice meeting specified conditions. The bill would additionally prohibit an insurance provider or third-party vendor from keeping the telematics data for longer than 6 months and collecting audio or visual recordings of the occupants of the vehicle or persons outside the vehicle, among other specified prohibitions. The bill would declare that its provisions further the purposes of Proposition 103. 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 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 delete personal information. 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 the CCPA. The CCPA excludes from the definition of "personal information" publicly available information. Existing law defines "publicly available" for these purposes to include 3 types of information. One type is information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media. This bill would revise that part of the definition of "publicly available" by removing the condition that the business have a reasonable basis to believe the information is lawfully made available. The CCPA also includes in that definition of "publicly available" information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. This bill would delete that part of the definition of "publicly available." This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law, the California Emergency Services Act, establishes the California Cybersecurity Integration Center within the Office of Emergency Services to serve as the central organizing hub of state government's cybersecurity activities and to coordinate information sharing with various entities. Existing law also requires the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and information, as prescribed. This bill would require, on or before July 1, 2026, an operator, defined as a state agency responsible for operating, managing, overseeing, or controlling access to critical infrastructure, that deploys a covered artificial intelligence (AI) system, as defined, to establish a human oversight mechanism that ensures a human monitors the system's operations in real time and reviews and approves any plan or action proposed by the covered AI system before execution, except as provided. The bill would require the Department of Technology to develop specialized training in AI safety protocols and risk management techniques to oversight personnel. The bill would require oversight personnel for an operator to conduct an annual assessment of its covered AI systems, as specified, and to submit a summary of the findings to the department. The bill would make findings and declarations related to its provisions. The bill would preclude disclosure of specified information by the office. 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.
Existing federal law, through copyright, provides authors of original works of authorship, as defined, with certain rights and protections. Existing federal law generally gives the owner of the copyright the right to reproduce the work in copies or phonorecords and the right to distribute copies or phonorecords of the work to the public. Existing federal law provides that sound recordings fixed before February 15, 1972, are not subject to copyright but are subject to similar rights and protections under the Classics Protection and Access Act. Existing law requires, before each time that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service. This bill would require a developer of a generative artificial intelligence model to make available on its internet website a mechanism allowing a rights owner to request information about the developer's use of the rights owner's covered materials that would allow the rights owner to provide the developer with, among other things, registration, preregistration, or index numbers for one or more covered materials. The bill would require a developer to document and retain any requests received from rights owners for a specified time period. The bill would, subject to specified exceptions, require a developer to, within 30 days of receiving that request from the rights owner, assess whether the developer used the rights owner's covered materials to develop the model and provide the rights owner with a list of covered materials, as specified. The bill would provide that each day following the 30-day period that a developer fails to provide a rights owner with that information constitutes a discrete violation. The bill would authorize a rights owner who complies with specified requirements for submitting a request that is not provided with information according to these provisions to bring, subject to a certain notice and cure opportunity, a civil action against the developer for specified relief. The bill would provide that its requirements do not apply to a model that meets certain criteria, including, among other things, being trained exclusively using data the developer makes publicly available at no cost to users. The bill would provide that it does not impose liability on a telecommunications service, information service, or cable service provider, as specified. The bill would define various terms for these purposes.
Existing law requires the State Department of Education, on or before January 1, 2024, to develop a plan to expand mental health instruction in California public schools. This bill would require the department, on or before January 1, 2028, to develop a plan to expand digital wellness instruction in California public schools, as provided.
This measure would urge President Donald J. Trump and Congress to protect and maintain the historic investments made possible by the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act of 2022.
Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to administer and enforce various laws relating to employment and working conditions. This bill would require a business, as defined, to annually provide a notice to the department of all the workplace surveillance tools the employer is using in the workplace. The bill would require the notice to include, among other information, a list of the workplace surveillance tools being used that surveil employees and the categories of information being collected on employees by the workplace surveillance. The bill would also require a business to send the notice to employees and any union that represents employees of the business. The bill would make a business that violates these provisions subject to a civil penalty of $500 per violation. This bill would require the department to submit a report to the Legislature by January 1, 2029, compiling the above-described notices provided by businesses. The bill would require that the report include, among other requirements, a breakdown of notices by industry type.
Existing law requires, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed, among other things, connected vehicle location access. For these purposes, existing law defines "connected vehicle service" to mean any capability, including through a software application that is designed to be operated on a mobile device, to remotely obtain data from, or send commands to, a vehicle, and "connected vehicle location access" to mean a type of connected vehicle service that allows a person, who is outside of a vehicle, to view or track the location of the vehicle, as specified. If a vehicle includes connected vehicle location access, existing law requires a covered provider, as defined, to provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. Existing law delays the operation of this requirement depending on whether the vehicle was manufactured prior to, or on or after, January 1, 2028. Unless otherwise provided, a violation of the Vehicle Code constitutes an infraction. This bill would, instead, limit the provisions above to specified vehicles with connected vehicle access. The bill would apply the requirement for a vehicle with connected vehicle service to indicate to a person inside the vehicle if connected vehicle location access is enabled to all vehicles beginning with the 2031 model year. The bill would make this requirement operative beginning with the 2031 model year, for 2028, 2029, and 2030 model year vehicles, as soon as practicable after the vehicle is sold unless technologically infeasible, and on or before July 1, 2027, for 2027 model year or older vehicles unless technologically infeasible. By establishing a new duty on vehicle manufacturers, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing 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.
