Beginning next week, the legislature, fresh after returning from its spring recess, will decide the fate of hundreds of bills in the next two weeks in order to meet the deadline for passing bills out of their house of origin.
While not complete, here is a list of the most significant bills compiled by Staff:
SB 749 by Senator Maria Elena Durazo (D-Los Angeles) will be heard on Tuesday April 23 in the Senate Judiciary Committee. The bill would require a requester, under the California Public Records Act (CPRA) to be named as a real party in interest in a reverse public records action and require a court to allow the requester to participate fully on the merits of the reverse public records action. SB 749 also would require the person who initiated the reverse public records action to pay the requester’s court costs and reasonable attorney’s fees if the court denies the petition seeking to prevent the public agency from disclosing the record at issue.
CNPA supports SB 749.
SB 518 by Senator Bob Wieckowski (D-Fremont) will also be heard on Tuesday in the Senate Judiciary Committee. SB 518 would prohibit offers to compromise made under California Code of Civil Procedure Section 998 from being used in cases brought under the California Public Records Act (CPRA) when a court considers whether a prevailing requester’s attorney’s fees are reasonable.
CNPA supports SB 518.
AB 1184 by Assemblyman Todd Gloria (D-San Diego) will be heard in the Assembly Judiciary Committee on Tuesday. AB 1184 would require every writing containing information relating to the conduct of the public’s business that is transmitted by electronic mail or other similar messaging system to be retained and preserved by a public agency for at least 2 years unless a longer retention period is required by statute or regulation.
CNPA supports AB 1184.
AB 1555 by Assemblyman Todd Gloria (D-San Diego) will be heard on Wednesday April 24 in the Assembly Governmental Organization Committee.The bill would require a law enforcement agency that operates encrypted police radio communications (i.e., a police scanner), or a joint powers authority operating an encrypted police radio communications on behalf of a law enforcement agency, to provide access to the encrypted communications to a duly authorized representative of any news service, newspaper, or radio or television station or network, upon request.
CNPA supports AB 1555.
AB 1280 by Assemblyman Tim Grayson (D-Concord) will be heard on Tuesday April 23 in the Assembly Public Safety Committee.The bill would criminalize the creation and distribution of “deepfakes” that: (1) depict a minor engaged in sexual conduct, (2) depict an adult who has not given consent for use of their image engaging in sexual conduct, or (3) are intended to coerce or deceive a voter into voting for or against a candidate or measure in an election and are created without the consent of the person depicted. The bill defines a “deepfake” as any audio or visual media in an electronic format that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording.
CNPA opposes (unless amended) AB 1280.
AB 873 and AB 874 by Assemblywoman Jacqui Irwin (D-Thousand Oaks) will both be heard in the Assembly Privacy and Consumer Protection Committee on Tuesday. AB 873 would narrow the definition of personal information under the CCPA which would mitigate potential liability for newspapers and other businesses that are required to comply with the new privacy law.
AB 874 would, for purposes of the CCPA, fix a problem with the definition of “publicly available information.” Under the CCPA a business can use publicly available information about a consumer without triggering liability for a privacy violation. The problem under current law is that in order to avoid liability a business can only conditionally use publicly available information in a manner that is “compatible with the purpose for which the data is maintained and made available in the government records.” AB 874 would strike the conditional use provision.
CNPA supports AB 873 and AB 874.