Asm. Kevin Kiley

Existing law requires any agency that owns or licenses computerized data that includes personal information, as defined, to disclose expeditiously and without unreasonable delay a breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person, and the agency that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information readable or useable. This bill would make nonsubstantive changes to that provision.

Existing law requires school districts, county offices of education, and special education local plan areas to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, and with special education and related services as reflected in an individualized education program. The Budget Act of 2011 appropriated moneys from the General Fund to the State Department of Education for, among other things, allocation to special education local plan areas to provide educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program. This bill would express the intent of the Legislature to later enact legislation that would increase the flexibility of the use of funds appropriated in the Budget Act of 2011 for providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program.

The State Housing Law requires the Department of Housing and Community Development to propose, among other things, the adoption of building standards generally to the California Building Standards Commission for adoption in the California Building Code. That law requires the department, for building standards submitted to the commission for adoption in the 2010 California Building Code or later, to review relevant green building guidelines when preparing proposed building standards for submission to the commission and consider proposing as mandatory building standards those green building features determined by the department to be cost effective and feasible to promote greener construction. That law further requires the department to summarize specified information in this regard in an annual report to the Legislature by September 1 of each year. This bill would instead require that the annual report be submitted to the Legislature no later than October 15 of each year and would make other, nonsubstantive, changes.

Existing law requires that a petition relating to a measure to be submitted the voters be filed simultaneously with the elections officials in the county in which the petition was circulated. It also provides procedures and time limits for elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. This bill would make a technical, nonsubstantive change to these provisions.

Existing law states legislative intent that schools are encouraged to give instruction in grades 7 to 12, inclusive, in science, health, drug abuse, or physical education programs a lesson on the effects of the use of anabolic steroids. This bill would provide that the Legislature encourages schools, commencing with the 2020–21 school year, to include in instruction in science, health, drug abuse, or physical education programs for pupils in grades 7 to 12, inclusive, a lesson on the effects of the use of peptide hormones, growth factors, and related substances and mimetics, and would make related legislative findings and declarations.

Existing law requires the appropriate legislative ethics committees to conduct at least semiannually an orientation course of the relevant statutes and regulations governing official conduct. Each Member of the Legislature and each designated employee of the Legislature is required to attend one of the semiannual courses at least once in each biennial session. This bill expresses the intent of the Legislature to enact legislation requiring each Member of the Legislature to also attend a 2-hour training on the United States and California Constitutions upon being sworn into office.

Existing law authorizes a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide to apply to the Controller for reimbursement of excessive costs incurred by the county under specified circumstances. Under existing law, if the Controller determines that reimbursement is proper, the Controller is required to request the Director of Finance to include any amounts necessary to fulfill reimbursement in a request for deficiency appropriation. This bill would enact the Justice Act of 2019 for the Reimbursement of County Costs Arising from the Matter of the People v. Joseph DeAngelo, and would authorize the County of Sacramento and other California counties to be reimbursed for the reasonable and necessary costs, as specified, incurred in connection with the prosecution and defense of Joseph DeAngelo. The bill would require a county seeking reimbursement to send a statement of costs to the Controller for approval, and would require the Controller, within 60 days, to either pay approved costs or provide a written statement as to the reason for not making reimbursement at that time. The bill would create the Justice Act of 2019 Fund for these purposes.

(1) The California Whistleblower Protection Act prohibits an employee from interfering with a person's rights to disclose improper activity and authorizes the State Auditor to conduct an investigative audit upon receiving specific information that an employee or state agency has engaged in an improper governmental activity, as defined. The California Whistleblower Protection Act applies to state agencies, as defined, and to the University of California, the California State University, and courts, as specified. Under the California Whistleblower Protection Act, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a state employee or an applicant for state employment for having made a protected disclosure is subject to civil liability and criminal penalties. The California Whistleblower Protection Act defines a "protected disclosure" to mean, among other things, a good faith communication that discloses information that may evidence an improper governmental activity. This bill would expand the definition of the term "protected disclosure" to include a complaint made to a Member of the Legislature, the Legislature, or any subdivision thereof. By expanding the definition of a crime, the bill would impose a state-mandated local program. (2) Other existing law, the Whistleblower Protection Act, prohibits a state or local governmental employee from interfering with the right of a person to disclose an improper governmental activity, as defined, to an investigating committee of the Legislature. The Whistleblower Protection Act defines other terms for its purposes, including defining "employee" to mean any individual appointed by the Governor or employed or holding office in a state agency, including the California State University and the University of California, defined public entities, or any agency of local government. This bill would authorize a legislative investigative committee to investigate and report on improper governmental activities or to refer the improper governmental activity to the State Auditor for investigation pursuant to the California Whistleblower Protection Act. The bill would also authorize the committee to prepare and send copies of investigative reports to an employee's appointing power if it finds that the employee may have participated in improper governmental activities. The bill would authorize a committee to request additional information from a person submitting an allegation, as specified. The bill would prescribe various requirements for maintaining the confidentiality of people providing information in confidence and information obtained on investigation. The bill would authorize a legislative investigative committee to request assistance from a state department, agency, or employee in evaluating an allegation or conducting any investigation of an improper governmental activity and would generally require that such assistance be provided, as specified. (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. (4) 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 law establishes within the Government Operations Agency the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. The department is generally responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. This bill would require the Artificial Intelligence in State Government Services Commission, which would be established if AB 976 of the 2018–19 Regular Session is enacted, to report to the Legislature on the commission's recommended minimum standards for the use of artificial intelligence that includes specified information, including fostering accountability in state government services and prioritizing the safety and security of artificial intelligence technologies used by state government. The bill would make its operation contingent on the enactment of AB 976 of the 2018–19 Regular Session on or before January 1, 2020, and establishes the artificial intelligence commission described above.