Asm. Rebecca Bauer-Kahan

Existing law generally regulates classes of insurance, including life and disability insurance. Existing law prohibits an insurer from requiring a test for the presence of a genetic characteristic for the purpose of determining insurability, except as specified. If an insurer requests an applicant to take a genetic characteristic test, existing law requires the insurer to obtain the applicant's written informed consent and to notify the applicant of the test result. Existing law prohibits a life or disability income insurer from requiring a genetic characteristic test if the results of the test would be used to determine eligibility for specified health care coverage. Existing law prescribes civil penalties for an insurer who discloses the results of a test for a genetic characteristic requested by the insurer. This bill would repeal those provisions and would instead prohibit a life or disability insurer from canceling, limiting, or denying coverage, among other actions, based on a test for the presence or absence of a genetic characteristic. The bill would authorize a life or disability insurer to base an underwriting decision on a test for the presence or absence of a genetic characteristic if specified criteria are met. The bill would, except as provided, prohibit a life or disability insurer from requiring, requesting, or soliciting genetic information, using genetic test results, or considering a person's decisions or actions relating to genetic testing in any manner for an insurance purpose. The bill would additionally impose civil penalties for the use of genetic information or genetic characteristics in a manner inconsistent with these provisions, as specified, and other civil penalties for any violation of these provisions. The bill would also prohibit the use or disclosure of an individual's full genome. Existing law, the Insurance Information and Privacy Protection Act, prohibits an insurance institution, agent, or insurance-support organization from seeking specified information in connection with an insurance transaction or preparing or requesting an investigative consumer report about an individual for an insurance application, except as specified. Existing law prohibits an insurance institution or agent from basing an adverse underwriting decision on specified information. Existing law prohibits an insurance institution, agent, or insurance-support organization from utilizing a form or statement that authorizes disclosure of personal or privileged information as its disclosure form, unless the form or statement meets specified criteria. This bill would prohibit an insurance institution, agent, or insurance-support organization from seeking information in connection with an insurance transaction concerning, or prohibit an insurance institution or agent from basing an adverse underwriting decision on, an individual's genetic information or full genome, unless specified criteria are met. The bill would prohibit an insurance institution, agent, or insurance-support organization from preparing or requesting an investigative consumer report that seeks an individual's genetic information or full genome. This bill would state the intent of the Legislature that, notwithstanding any other law, these provisions shall not be interpreted to authorize the use or disclosure of an individual's full genome. This bill would incorporate additional changes to Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by SB 354 to be operative only if this bill and SB 354 are enacted and this bill is enacted last.

Existing law defines, for certain school-related purposes, "ultraprocessed food" as any food or beverage that contains a specified substance and either high amounts of saturated fat, sodium, or added sugar or a nonnutritive sweetener or other substance, as specified. Existing law requires the department to adopt regulations, on or before June 1, 2028, to define "ultraprocessed foods of concern" and "restricted school foods," as specified, and requires the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences. This bill would require the department, no later than June 1, 2029, to accredit certification agents that can certify food products as "Non-Ultraprocessed Certified." The bill would prohibit an accredited certification agent from certifying a food product as "Non-Ultraprocessed Certified" if it is an ultraprocessed food, ultraprocessed food of concern, or a restricted school food, as defined. The bill would require the department to create a specified standardized "Non-Ultraprocessed Certified" seal. The bill would authorize a food product to bear the seal only if the product has been certified by an accredited certification agent. The bill would require an accredited certification agent to, among other things, register with the department and provide specified information to the department for each food product certified by the accredited certification agent. The bill would require any registration information submitted by an accredited certification agent to the department to be made available to the public for inspection and copying. This bill would require an accredited certification agent to immediately make specified records available to the department for inspection, as specified, and would authorize the department to audit the accredited certification agent's certification procedures and records at any time. The bill would require any records of the accredited certification agent not otherwise required to be disclosed to be kept confidential by the department. The bill would require the department to maintain a public internet webpage that lists all of the products currently certified as "Non-Ultraprocessed Certified" as reported by the accredited certification agent. This bill would make it unlawful for a person to certify products as "Non-Ultraprocessed Certified" unless duly registered as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed in registration as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed to an accredited certification agent, and for a person to use the "Non-Ultraprocessed Certified" seal on a product that does not meet the above-described provisions. The bill would authorize the department, among others, to enjoin a person who engages, has engaged, or proposes to engage in the misuse of the "Non-Ultraprocessed Certified" seal. This bill would create the Public Health Food and Nutrition Education Fund for the purposes of supporting the implementation of the "Non-Ultraprocessed Certified" label requirements and educating the public and stakeholders about the label requirements, food products, and nutrition. The bill would authorize the department to establish fees for the registration and renewal of accredited certification agents and certification of food at levels not exceeding the reasonable costs of administering and enforcing these provisions. The bill would require the fees to be deposited in the Public Health Food and Nutrition Education Fund. Upon appropriation by the Legislature, the bill would make moneys in the Public Health Food and Nutrition Education Fund available to the department for expenditure. Existing law, the California Retail Food Code (Code) , establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local enforcement agencies to enforce these provisions. Existing law provides that a violation of the code is punishable as a misdemeanor or a fine. Existing law defines a grocery store as a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter. This bill, upon the creation of the "Non-Ultraprocessed Certified" seal described above, would require a grocery store with gross annual store sales of more than $10,000,000 to make clearly identifiable, as defined, at least 3 or more "Non-Ultraprocessed Certified" items if the grocery store offers for sale more than 25 certified items. The bill would authorize the Attorney General, county counsel, city attorney, or city prosecutor, as specified, to enjoin a grocery store that fails to meet these requirements. The bill would exempt a violation of these provisions from criminal liability under the California Retail Food Code. The bill would repeal these provisions on January 1, 2040. By imposing a higher level of service on local enforcement agencies required to enforce these provisions, 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, 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 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 Equity in Higher Education Act provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law provides that sexual harassment of students is a form of prohibited sex discrimination and defines terms for purposes of the Equity in Higher Education Act. This bill would, commencing August 1, 2027, define additional terms for purposes of the act, including, among other terms, "digitized sexually explicit material," "sextortion," "technology-facilitated sexual harassment," and "affirmative consent." The bill would also revise the definitions of "sexual harassment" and "sexual exploitation," and make conforming changes. To the extent that the bill would impose new duties on community college districts, 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, 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.

(1) Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment and housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory practices based on those characteristics unlawful. The FEHA also declares that its purpose is to provide effective remedies that will eliminate these discriminatory practices. The FEHA defines terms used in connection with unlawful practices. These include "sex," which includes pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and breastfeeding or medical conditions related to breastfeeding. This bill would include perimenopause, menopause, or postmenopause or other related medical conditions within the above definition of sex. The FEHA separately defines the term "medical condition" to mean either a health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or specified genetic characteristics. The Unruh Civil Rights Act (Unruh Act) establishes that all persons within the jurisdiction of the state are free and equal and, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed. The Unruh Act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would provide that "medical condition" as used in the definition of "sex" in FEHA and the Unruh Act includes, but is not limited to, the conditions included in the definition of "medical condition" in FEHA. (2) Existing law requires the Civil Rights Department to provide a poster on discrimination in employment to an employer or a member of the public upon request. Existing law requires the poster to be available at each office of the department and requires each employer to post the poster in a prominent and accessible location in the workplace, as prescribed. This bill would require the department, on or before July 1, 2027, to update the poster to notify people of their rights and protections in regard to perimenopause, menopause, postmenopause, or related medical conditions. (3) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last.

Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law requires the board to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. This bill, upon appropriation, would require the chancellor's office to implement the Future of Creative Industries Pilot Program, commencing on or before July 1, 2028, and to select up to 10 community colleges to participate in the pilot program, as specified. The bill would require the chancellor's office, on or before January 1, 2032, to submit a report to the Legislature evaluating the effectiveness of the pilot program, as provided. The bill would repeal this pilot program on January 1, 2033.

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 generally regulates artificial intelligence, including companion chatbots, as defined. Existing law requires an operator, as defined, to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user. Existing law requires an operator, for a user the operator knows is a minor, to take certain prescribed action, including disclosing to the user that the user is interacting with artificial intelligence. This bill would delete those provisions imposing requirements on an operator if the operator knows the user is a minor. The Digital Age Assurance Act requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system 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 require an operator, as defined, of a companion chatbot to, beginning July 1, 2027, before making a new or substantially modified companion chatbot available to users in the state, do various things with respect to child safety, including perform and document a comprehensive risk assessment related to the design, configuration, and operation of the companion chatbot with respect to minor users that contains, among other things, a summary of the results of any evaluation of each covered harm, as defined, pertaining to the companion chatbot. The bill would require an operator to submit to independent child safety audits of its compliance with the bill, as specified. The bill would require an auditor to produce a report that describes whether the operator has established and adhered to policies and practices to comply with the bill that includes, among other things, the signature of the lead auditor certifying the results of the audit under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would authorize the Attorney General to, for cause, request and obtain a copy of an AI child safety audit report from the operator and would make a child safety audit report submitted to the Attorney General confidential. This bill would authorize certain public prosecutors to bring a civil action to enforce the bill's provisions, as specified, and would authorize a child who suffers an actual harm as a result of a violation of this chapter, or a parent or guardian acting on behalf of that child, to bring a civil action against the operator, as specified. 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 no reimbursement is required by this act for a specified reason.

Under existing law, a person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under 18 years of age engaged in an act of sexual conduct, as defined. Existing law makes a violation of this section punishable as a misdemeanor or a felony, as specified. This bill would, except as specified, make a person guilty of a misdemeanor or a felony if the person knowingly does any of the above-described actions, or downloads, streams, or accesses through electronic or digital media the above-described sexual conduct, knowing that the matter depicts a person under 18 years of age engaged in an act of sexual conduct. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of this act, existing law includes sexual exploitation, and defines sexual exploitation as, among other things, a person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except as specified. This bill would broaden the above-described definition to include any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct, 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 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.

Maddy summaryThis bill designates September 2026 as Childhood Cancer Awareness Month. It directly affects state agencies and organizations by encouraging them to recognize this specific month for awareness activities. The measure does not change laws or allocate funding but serves as a formal commemorative resolution.