Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified. This bill would authorize the commissioner to enforce the bill's provisions, as prescribed, and would authorize a public prosecutor to bring specified enforcement actions. The bill would subject an employer who violates the bill to a civil penalty of up to $500 for each violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed. Existing law generally prohibits a person from using violence or intimidation to interfere with another person's enjoyment of certain rights or because of certain attributes of that person, including the person's political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights through its algorithms that relay content to users or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would declare its provisions to be severable and would declare attempted waiver of its provisions to be void and unenforceable. This bill would become operative on January 1, 2027.
Under existing law, the residence address, telephone number, and email address of a registered voter is confidential, except that under certain circumstances a county elections official must provide that information to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure, and to any person for election, scholarly, journalistic, political, or governmental purposes. This bill would exempt the residence address, telephone number, and email address of a federal, state, or local elected official or candidate from that disclosure requirement, except that the information may be disclosed for journalistic or governmental purposes under specified conditions. The bill would require the Secretary of State to provide each county elections official with a list identifying each federal and state elected official or candidate residing in the county, require the county elections official to add each local elected official or candidate to that list, and require the county elections official to make the elected official or candidate's information confidential within 5 business days. The bill would require the county elections official to exclude the elected official or candidate's confidential information when producing any list, roster, or index. The bill would require an elected official or candidate to contact their county elections official to ensure their voter registration record has been made confidential. The bill would authorize an elected official or candidate to opt out of making their residence address, telephone number, and email address confidential. By adding new duties for county elections officials, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 2194 of the Elections Code proposed by AB 827 to be operative only if this bill and AB 827 are enacted and this bill is enacted last. 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, 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.
The Cyberbullying Protection Act requires a social media platform to take certain actions to mitigate or prevent bullying on the social media platform, including establish a prominent mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service related to cyberbullying, as prescribed. The act makes a violator liable to certain plaintiffs, including the Attorney General, for $10,000 for each violation, among other relief. This bill would instead make a violator liable for $50,000 for each violation.
The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer's personal information, as specified. The CCPA requires a business that controls the collection of a consumer's personal information to, at or before the point of collection, inform a consumer of, among other things, the categories of personal information to be collected, the purposes for which the categories of personal information are collected or used, and whether that information is sold or shared. 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. This bill would enact the Stop Foreign Governments from Accessing Californians' Sensitive Personal Information Act which would additionally require a business to disclose to a consumer if the business intends to maintain the consumer's personal information outside of the United States. The bill would prohibit a business from maintaining a consumer's personal information outside of the United States unless, among other things, the consumer explicitly consented to the business maintaining the consumer's personal information outside of the United States. The bill would also prohibit a business from maintaining personal information that is health care information, financial information, or geolocation data in the custody of a foreign government or a third party that is owned or controlled by a foreign government. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law prohibits a contract, or proposed contract, for the sale or lease of consumer goods or services from including a provision waiving the consumer's right to make a statement regarding the seller or lessor, or its employees or agents, or concerning the goods or services. This bill would prohibit a business from making a consumer review platform available in the state that does not allow a business to opt out of being the subject of consumer reviews or consumer testimonials on the consumer review platform. The bill would define "consumer review platform" to mean an online platform, or a portion of an online platform, that is dedicated to enabling a consumer to see or hear consumer reviews of, or consumer testimonials with respect to, particular businesses that consumers have submitted to the online platform.
Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or local publicly owned electric utility from sharing, disclosing, or otherwise making accessible to any third party a customer's electrical or gas consumption data, as defined, except as specified. This bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to create the Data Access Governance Committee, with specified membership, and would require the committee, on or before January 1, 2027, to provide initial recommendations on prescribed topics to the Energy Commission and the PUC, as specified. The bill would authorize the Energy Commission to work with certain gas corporations, electrical corporations, and local publicly owned utilities that provide gas or electrical service to enact cost-effective energy utility data programs, as specified. The bill would create, and would require the PUC and the Energy Commission to administer and enforce, the Customer Energy Utility Data Bill of Rights, with specified protections and customer rights. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because a violation of a PUC action implementing the requirements of this bill would be a crime, the bill would impose a state-mandated local program. In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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 specified reasons.
Under existing law, the Legislature encourages school administrations to (1) offer wellness programs that include personalized instruction about healthy eating and physical activity and (2) ensure that the nutrition services, health services, and social services pupils need in order to learn are provided at the schoolsite or in cooperation with other community agencies. This bill would state that the Legislature encourages school administrations, if the school maintains an internet website, to post on the school's internet website information about community programs that offer nutrition assistance to families.
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.
Existing law requires the governing board of a school district, a county board of education, or the governing body of a charter school, by July 1, 2026, to develop and adopt, and update every 5 years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided. This bill would expressly authorize the above-described policy to limit or prohibit the use of smartphones to include, but not be limited to, a scheduled-based restriction policy, as defined, or a full-day restriction policy, as defined.
