Asm. Ed Chau

Existing law requires the adopted course of study for grades 1 to 12, inclusive, to include, among other subjects, the social sciences. Existing law encourages instruction in the area of social sciences for grades 7 to 12, inclusive, which may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam War and men and women who contributed to the war effort on the homefront, as specified. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. Existing law requires the commission to develop and submit to the state board a model curriculum in Hmong history and cultural studies, as specified. Existing law requires the commission, on or before December 31, 2022, to submit the model curriculum to the state board for adoption, and requires the state board to adopt, modify, or reject the model curriculum on or before March 31, 2023. Existing law requires the Superintendent, following the adoption of the model curriculum, to post the model curriculum on the State Department of Education's internet website for use on a voluntary basis by educators. Existing law requires, if the state board modifies the model curriculum, that the state board explain, in writing, the reasons for the modifications to the Governor and certain committees of the Legislature. Existing law also requires the state board to provide, in a public meeting, written reasons for modifying the model curriculum, as specified. Existing law, beginning in the school year following the adoption of the model curriculum, encourages local educational agencies, as defined, to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive. Existing law provides that implementation of these provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute. This bill would require that model curriculum to additionally cover Laotian history and cultural studies, as provided. The bill would delay by one year the deadlines for the commission to submit the model curriculum to the state board, and for the state board to adopt, modify, or reject the model curriculum, and would set those deadlines at December 31, 2023, and March 31, 2024, respectively. The bill would delete the provisions requiring the state board to provide written reasons for modifying the model curriculum submitted by the commission.

This measure would recognize September 2020 as Sickle Cell Disease Awareness Month and encourage the Legislature to appropriate funds for research, treatment, and monitoring of sickle cell disease, and for related education and outreach.

This measure would urge specified state departments and the Attorney General to use their authority to ensure that health care service plans and health insurers subject to their authority comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.

(1) Existing law, the California Consumer Privacy Act of 2018, operative January 1, 2020, grants a consumer various rights in connection with a business, as defined, that collects the consumer's personal information. The act defines various terms for these purposes. The act excludes publicly available information, as defined, from the definition of personal information and excludes both consumer information that is deidentified, as defined, and aggregate consumer information, as defined, from the definition of publicly available. Thus, the act does not exclude, as publicly available information, any consumer information that is either deidentified or aggregated. This bill would, instead, exclude consumer information that is deidentified or aggregate consumer information from the definition of personal information. (2) The act prohibits a business from discriminating against the consumer for exercising any of the consumer's rights under the act, except that a business may offer a different price, rate, level, or quality of goods or services to a consumer if the differential treatment is reasonably related to value provided to the consumer by the consumer's data. This bill would, instead, prohibit a business from discriminating against the consumer for exercising any of the consumer's rights under the act, except if the differential treatment is reasonably related to value provided to the business by the consumer's data. (3) The act requires a business to make certain disclosures to consumers regarding a consumer's rights under the act in a specified manner. This bill would require a business to disclose to consumers, as specified, that a consumer has the right to request the specific pieces of information and the categories of information the business has collected about that consumer as well as the fact that a consumer has the right to request that the business delete that information, as specified. (4) The act authorizes a consumer whose nonencrypted or nonredacted personal information, as defined, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of a business' violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information to institute a civil action, as specified. This bill would, instead, authorize a consumer whose nonencrypted and nonredacted personal information, as defined, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of a business' violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information to institute a civil action, as specified. The bill would exempt, subject to a specified condition, from all of the provisions of the title, except for the provision described above related to a business' failure to protect personal information from unauthorized access, any activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by specified parties, including a consumer reporting agency, as defined. The bill would, until January 1, 2021, similarly exempt personal information reflecting a written or verbal communication or a transaction between the business and the consumer, as specified, within the context of the business conducting due diligence or providing or receiving a product or service, as specified. The bill would make conforming and nonsubstantive changes to these and other provisions of the act and would also correct several cross-references. This bill would incorporate additional changes to Section 1798.130 of the Civil Code proposed by AB 25 and AB 1564 to be operative only if either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1798.140 of the Civil Code proposed by AB 874 to be operative only if either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1798.145 of the Civil Code proposed by AB 25 and AB 1146 to be operative only if either or both of those bills are enacted and this bill is enacted last.

The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified. Existing law, the California Consumer Privacy Act of 2018, beginning January 1, 2020, among other things, grants a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. This bill would require data brokers to register with, and provide certain information to, the Attorney General. The bill would define a data broker as a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship, subject to specified exceptions. The bill would require the Attorney General to make the information provided by data brokers accessible on its internet website. The bill would make data brokers that fail to register subject to injunction and liability for civil penalties, fees, and costs in an action brought by the Attorney General, with any recovery to be deposited in the Consumer Privacy Fund, as specified. The bill would make statements of legislative findings and declarations and legislative intent.

Existing law generally makes a person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside, guilty of a misdemeanor. This bill would specifically include electronic devices and unmanned aircraft systems in the list of instrumentalities described above. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by SB 485 to be operative only if this bill and SB 485 are enacted and this bill is enacted last.

(1) Existing law, the California Consumer Privacy Act of 2018, beginning January 1, 2020, grants consumers various rights with regard to their personal information held by businesses, including the right to request a business to disclose specific pieces of personal information it has collected and to have information held by that business deleted, as specified. The act requires a business to disclose and deliver the required information to a consumer free of charge within 45 days of receiving a verifiable consumer request from the consumer. The act prohibits a business from requiring a consumer to create an account with the business in order to make a verifiable consumer request. This bill would provide an exception to that prohibition by authorizing a business to require authentication of the consumer that is reasonable in light of the nature of the personal information requested in order to make a verifiable consumer request. However, the bill would authorize a business to require a consumer to submit a verifiable consumer request through an account that the consumer maintains with the business if the consumer maintains an account with that business. (2) The act also authorizes a consumer to bring a private civil action, as specified, against a business that violates its duty to implement reasonable security procedures and practices if that failure results in a consumer's personal information being subject to unauthorized access and exfiltration, theft, or disclosure. The act also requires a business that collects a consumer's personal information to, at or before the point of collection, inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. This bill would exempt, until January 1, 2021, from all provisions of the act, except the private civil action provision and the obligation to inform the consumer as to the categories of personal information to be collected as described above, information collected from a natural person by a business in the course of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business, as specified. This bill would make various other nonsubstantive changes. This bill would incorporate additional changes to Section 1798.130 of the Civil Code proposed by AB 1355 and AB 1564 to be operative only if either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1798.145 of the Civil Code proposed by AB 1146 and AB 1355 to be operative only if either or both of those bills are enacted and this bill is enacted last.

Existing law makes it a crime for a person who is under the influence of a drug to drive a vehicle. Existing law also makes it a crime for a person to drive under the influence and proximately cause bodily harm to another person, as specified. Existing law requires the superior court to provide a disposition report to the Department of Justice when the court disposes of a case for which an arrest for certain crimes was made and requires that the report contain specified information. This bill would, commencing January 1, 2022, require the disposition report made by the superior court for a conviction for driving under the influence of cannabis to state that the conviction was due to cannabis. Existing law makes it an infraction for a person to have in their possession on their person while driving a motor vehicle upon a highway or on specified lands any receptacle containing any cannabis or cannabis products, as defined, which has been opened or has a seal broken, or loose cannabis flower not in a container. This bill would make technical changes to that provision by updating a cross-reference.

(1) Existing law requires the Department of Housing and Community Development, when a person who is not currently the registered owner of a manufactured home or mobilehome applies to the department for registration or transfer of registration of the manufactured home or mobilehome prior to December 31, 2019, and meets other specified requirements including, among others, payment of any charges assessed by the department during the period between the time the applicant took ownership interest or December 31, 2015, whichever is later, and the time the applicant applies for relief, to waive all outstanding charges assessed by the department prior to the transfer of title of the manufactured home or mobilehome, release any lien imposed with respect to those charges, issue a duplicate or new certificate of title or registration card, and amend the title record of the manufactured home or mobilehome. This bill would extend the date for an application under these provisions to December 31, 2020, and would refer to that program as the Register Your Mobilehome Program. This bill would also prohibit the applicant from being eligible if the applicant, or a previous owner, took ownership interest on or after January 1, 2017, pursuant to a warehouseman's lien. The bill would also require the department to publish, on or before July 1, 2021, an analysis of manufactured home and mobilehome registration that came into compliance through the Register Your Mobilehome Program. The bill would require the analysis to include whether each unit is subject to an in-lieu tax or to local property taxation, and the number of units for which a waiver of charges assessed by the department prior to the transfer of title of the manufactured home or mobilehome was requested. (2) Existing law provides that mobilehomes and manufactured homes not subject to the vehicle license fee are subject to local property taxation, and requires the department to withhold the registration or transfer of registration of any manufactured home or mobilehome subject to local property taxation until the applicant for registration presents a tax clearance certificate or conditional tax clearance certificate issued by the tax collector of the county where the manufactured home or mobilehome is located. Existing law requires the county tax collector to issue a tax clearance certificate or conditional tax clearance certificate if specified requirements are met. Existing law requires the department, when a person who is not currently the registered owner of a manufactured home or mobilehome subject to local property taxation applies to the department for registration or transfer of registration of the manufactured home or mobilehome prior to December 31, 2019, and meets other specified requirements, to issue a conditional transfer of title. Existing law requires a county tax collector to issue either a tax liability certificate or a tax clearance certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2020. The California Constitution authorizes the Legislature to exempt personal property from taxation by means of a statute approved by a 23 vote of the membership of each house. Pursuant to this constitutional authorization, existing law requires the payment of only a portion of the taxes, as specified, reasonably owed from the date of sale of the manufactured home or mobilehome, not to exceed the amounts attributable one year prior to January 1, 2017. This bill would instead require a county tax collector to issue a tax liability certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2021. By increasing the duties of county tax collectors, this bill would impose a state-mandated local program. (3) Under existing law, beginning January 1, 2020, it is unlawful for any person to use for occupancy any manufactured home or mobilehome that does not conform to the registration requirements of the department, if the department provides notice to the occupant of the registration requirements and any registration fees due. This bill would extend that date to January 1, 2021. (4) 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. (5) Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.