2019-2020

Assembly Bill (AB) 25 – California Consumer Privacy Act of 2018 (CCPA) – Clarifies that the California Consumer Privacy Act of 2018 (CCPA) excludes individuals whose personal information has been collected by a business within the scope of their employment, or in similarly situated contexts, but only to the extent that their information is collected and used solely for purposes related to those activities. It also allows a business to require limited authentication of the consumer making a request for information, such as requiring requests to be made through an existing account. (Chaptered by Secretary of State - Chapter 763, Statutes of 2019)

AB 173 – Register Your Mobilehome California Program – Promotes the accurate titling of mobilehomes by extending the sunset date on the Register Your Mobilehome California program – a fee and tax abatement program – until December 31, 2020. (Chaptered by Secretary of State – Chapter 488, Statutes of 2019)

AB 384 – Digital Health Feedback Systems – Defines “personal health record information” to mean individually identifiable information about an individual’s mental or physical condition that is collected by an FDA-approved product and used at the direction of a provider of health care. By providing that any business that offers such a product is a provider of health care for the purposes of the Confidentiality of Medical Information Act (CMIA), this bill would ensure that information collected by these products is subject to the protections of the CMIA. (Held in the Senate Appropriations Committee)

AB 397 – Driving Under the Influence of Cannabis – Requires, beginning January 1, 2022, the annual reporting of criminal conviction data to the Department of Justice to also include driving under the influence of cannabis. (Chaptered by Secretary of State - Chapter 610, Statutes of 2019)

AB 453 - Emergency Medical Technicians (EMTs) Training – Requires the Emergency Medical Services Authority, as part of its requirement to develop training standards for EMTs, to include a component within the dementia-specific training hours on how to interact effectively with people who have dementia and their caregivers. (Chaptered by Secretary of State – Chapter 88, Statutes of 2019)

AB 775 – Massage Therapy – Establishes timelines for the approval of a massage therapy school, by the California Massage Therapy Council (CAMTC), and mandates that student applicants be notified when they are attending a non-approved school, which can put at risk their ability to become certified massage therapists. (Chaptered by Secretary of State – Chapter 290, Statutes of 2019)

AB 814 – Vehicle Hacking – Explicitly makes the unauthorized access of a vehicle’s computer data and computer system illegal under California Law. (Chaptered by Secretary of State - Chapter 16, Statutes of 2019)

AB 904 – Tracking Device Search Warrant – Ensures that government entities cannot use tracking “software” that permits the tracking of the movement of a person or object without a warrant. (Chaptered by Secretary of State – Chapter 63, Statutes of 2020)

AB 976 – Artificial Intelligence in State Government Services Commission – Establishes the Artificial Intelligence in State Government Services Commission to gather input on how artificial intelligence and data science could be used to improve state services. (Held in the Senate Appropriations Committee)

AB 1129 – Invasion of Privacy – Adds electronic devices and unmanned aircraft systems to the list of instruments that can be used to commit invasion-of-privacy crimes. (Chaptered by Secretary of State - Chapter 749, Statutes of 2019)

AB 1202 – Data Brokers – Requires data brokers, defined generally as businesses that are buying and/or selling the personal information of consumers with whom they have no direct relationship, to register with the Attorney General (AG) and for the information to be posted on its website. It would also authorize the AG to collect registration fees and otherwise enforce the provisions of the bill through civil action.  (Chaptered by Secretary of State - Chapter 753, Statutes of 2019)

AB 1281 – California Consumer Privacy Act of 2018 (CCPA) – would extend by one year the exemptions in the California Consumer Privacy Act of 2018 (CCPA) for business-to-business communications and transactions and the collection of certain personal information (PI) by employers until January 1, 2022. (Chaptered by Secretary of State – Chapter 268, Statutes of 2020)

AB 1355 – California Consumer Privacy Act of 2018 (CCPA) – Addresses various drafting errors and makes other clarifying changes to the California Consumer Privacy Act of 2018 (CCPA).  (Chaptered by Secretary of State - Chapter 757, Statutes of 2019)

AB 1409 – Digital Divide Grant Program – Provides students with greater broadband access, outside of the classroom, by authorizing the California Public Utilities Commission to award grants, through the Digital Divide Grant Program, for Homework Gap Projects, such as Wi-Fi enabled school busses, or school or library Wi-Fi hot-spot lending. (Held in the Assembly Appropriations Committee)

AB 1566 – California Cyber Range Pilot Project – Establishes a pilot project, administered by the California Cybersecurity Institute, to examine and ensure the state is properly positioned to train the current and next generations’ cyber workforce. One to three campuses of the California State University will host the project or the University of California, which will provide cyber security focused educational tools in virtual lab environments and be accessible to interested parties.  (Held in the Assembly Higher Education Committee)

AB 1696 – The California International Trade and Investment Office Act of 2019 – Promotes international trade relations by requiring the Director of the Governor’s Office of Business and Economic Development to establish a process for public and nonprofit organizations to submit proposals on the establishment and operation of an international trade and investment office in a foreign country. It also authorizes the acceptance of in-kind services for operating an international trade and investment office. (Held in the Senate Appropriations Committee)

AB 1772 – Repeat Theft Offenders – Address the unintended consequences of recent criminal justice reforms, such as Proposition 47, by allowing multiple incidents of theft to be aggregated into a charge of grand theft, in order to prevent criminals from getting away with committing more frequent, smaller crimes. (Failed Passage in the Assembly Public Safety Committee)

AB 1782 – Personal Information Contact Tracing – comprehensively regulates the development and use of technology-assisted contact tracing (TACT) applications by public and private entities. By requiring affirmative consent and providing explicit protections for user data collected, used, and disclosed by TACT services, this bill would protect individual privacy and increase public confidence in digital applications for combating the spread of COVID-19 and other infectious diseases. (Held in the Senate Appropriations Committee)

AB 2123 – The Americans with Disabilities Act of 1990: Website Compliance – Provides liability protections, under California law, for businesses who make their websites accessible to people with disabilities. (Held in the Assembly Judiciary Committee)

AB 2129 – Estates and Trusts: Wrongful Taking of Property – Ensures that a person who wrongly takes, conceals, or disposes of property belonging to the estate of a descendent, conservatee, minor, elder, dependent adult, or trust, as specified, is liable for twice the value of the property in addition to the property recovered. (Held in the Assembly Judiciary Committee)

AB 2138 – California Public Records Act (CPRA) – Makes non-substantive changes to reorganize and make clear the provisions of the CPRA, making it easier for the public to understand. (Held in the Assembly Judiciary Committee)

AB 2215 – Electric Vehicle Charging Stations – Exempts unattended electric vehicle (EV) charging stations from the requirement that service stations provide customers with access to a restroom, free water, compressed air and an air pressure gauge. (Held in the Assembly Transportation Committee)

AB 2234 – School Personnel Commission Legal Counsel – Provides a school district’s, or community college district’s, personnel commission the right to retain independent legal counsel when a conflict of interest exists between the governing board and the commission.  (Chaptered by Secretary of State – Chapter 48, Statutes of 2020)

AB 2261 – Facial Recognition Technology – Increases transparency and establishes limits on the use of facial recognition technology, or FRT, by commercial, state and local public entities, while granting consumers certain rights over their image or facial template.  (Held in the Assembly Appropriations Committee)

AB 2269 – Automated Decision Systems Accountability Act of 2020 – Requires any business in California that provides a person with a program or device that uses an algorithmic or automated decision system, or ADS, to establish processes to continually test for biases during its development and usage, and to conduct an impact assessment on that program or device. (Held in the Assembly Privacy and Consumer Protection Committee)

AB 2280 – Digital Health Feedback Systems – Defines “personal health record information” to mean individually identifiable information about an individual’s mental or physical condition collected by a commercial internet website, online service, or product. By providing that any business offering such a product is a provider of health care for the purposes of the Confidentiality of Medical Information Act (CMIA), this bill would ensure that information collected by these products is subject to the protections of the CMIA. (Held in the Senate Judiciary Committee)

AB 2320 – Cyber Insurance – Requires contractors doing business with a state agency to maintain cyber insurance if the contractor receives or has access to records containing personal information, which must be protected as prescribed under the Information Practices Act of 1977 (IPA).  (Failed Passage in the Assembly Privacy and Consumer Protection Committee)

AB 2354 – Dependency Hearings: Parents Lacking Shelter – Allows juvenile courts to grant parents with children in the foster care system more time to reunify with their child if the only problem the parent faces is getting out of homelessness. It also prohibits courts from permanently severing a parent’s rights to their child solely based on their homeless status.  (Held in the Assembly Human Services Committee)

AB 2414 – Mobile Application Recordable Information – Requires the operator of a mobile application to provide clear and conspicuous notice that fully informs consumers when, how, and why their recordable information, defined to include visual, audio, or geolocation information, will be collected, used, and shared upon installation of the application. It also requires the operator of a mobile application to obtain consent before collecting or using recordable information and to obtain separate consent before disclosing that information.  (Held in the Assembly Privacy and Consumer Protection Committee)

AB 2438 – California Public Records Act – Adjusts cross-references to the CPRA in order to reflect the new code sections found in the reorganized CPRA established pursuant to AB 2138.  (Held in the Assembly Judiciary Committee)

AB 2442 – Social media platforms: false information – Requires social media platforms to disclose whether they have a policy to address the spread of misinformation. (Held in the Senate Judiciary Committee)

AB 2564 – Security Vulnerability Disclosure Policy – Requires Agencies/state entities that secure critical infrastructure controls and information and manufacturers of connected devices to adopt a Security Vulnerability Disclosure Policy (SVDP). It also specifies the components of an SVDP, including the conditions under which individuals might submit vulnerability reports, and a remediation process for the vulnerabilities received. (Held in the Assembly Rules Committee)

AB 2585 – California-China Climate Institute – Establishes in law the California-China Climate Institute to serve as a think-tank with the purpose of advancing climate policy. (Held in the Assembly Higher Education Committee)

AB 2615 – Horse Racing Postmortem Examinations – Establishes in law the requirement that horses undergo postmortem examinations whenever they suffer fatal injuries at a racetrack. (Held in the Assembly Governmental Organization Committee)

AB 2717 – Unattended Children in Motor Vehicles – Exempts from civil and criminal liability Good Samaritans who rescue children, under the age of six, from a vehicle where there is an immediate danger of suffering harm, if certain conditions are met and the Good Samaritan calls emergency services prior to the rescue. (Chaptered by Secretary of State – Chapter 352, Statutes of 2020)

AB 2787 – Drone Delivery Services – Limits the collection, use, and retention of audio, geolocation, and visual information, by an unmanned aircraft system (AUS) delivery service to what it is reasonably necessary and proportionate to achieve the service. It further requires a business to destroy that information upon completion or realization of the delivery purposes.  (Held in the Assembly Privacy and Consumer Protection Committee)

AB 2849 – Proposition (Prop.) 65 Lawsuits – Allows businesses with less than ten employees, who are currently exempt from the requirements of Prop. 65, to waive the exemption. This allows the business to settle a case and avoid funding expensive litigation by large retailers who have a contractual indemnity agreement with that business. (Held in the Senate Environmental Quality Committee)

AB 3007 – Robocalls – Strengthens consumer protections for managing unwanted robocalls by giving consumers greater control over consenting to receive robocalls and by expanding the definition of automatic dialing announcing device, to cover more technologies that make automated calls, so consumers can consent to receive those type of calls. (Held in the Assembly Appropriations Committee)

AB 3098 – Peer-to-Peer Rental Hosting Platforms – Requires peer-to-peer rental hosting platforms to disclose any recording devices in, on, or around the rented property on the rental listing, requires owners of listed property to disclose those recording devices to the platform upon request, and allows a renter to nullify a rental contract in the event recording devices were not properly disclosed. (Held in the Assembly Privacy and Consumer Protection Committee)

AB 3332 – Access to Agency Records – Prohibits state public entities from discriminating or retaliating against individuals for exercising their rights under the Information Practices Act of 1997, which gives individuals certain rights with respect to their personal information.  Sponsor: Author. (Held in the Assembly Privacy and Consumer Protection Committee)