Hearings

Assembly Standing Committee on Privacy and Consumer Protection

April 21, 2026
  • Rebecca Bauer-Kahan

    Legislator

    Welcome. Welcome, everybody, to the committee. Yes. Are we That's my job. Thank you. Welcome to the Assembly privacy and consumer protection committee. Our vice chair should be here soon, but we will start as a subcommittee. The committee has been advised that Assemblymember Patterson will recuse himself from participating or voting on AB 1856. And we have 24 bills on the agenda today with eight bills on the consent calendar.

  • Rebecca Bauer-Kahan

    Legislator

    So thank you to our Republican colleagues for their, help and being efficient today. To effectively manage our time, rules are the usual two witnesses in support, two in opposition, two minutes for each witness on both sides. If I lose track of time, I'll make sure one has equal time. And then anybody else in the room will be called up to give support or opposition, name, organization, and position.

  • Rebecca Bauer-Kahan

    Legislator

    If you do not have a time to provide all of the wonderful things you wanna say to us, please go to our website.

  • Rebecca Bauer-Kahan

    Legislator

    Our portal allows for full letters and comments. We all review those, and we look forward to hearing more from you. With that, we will begin, as I said, as a subcommittee, and we are going to accommodate assembly member Wilson first with AB 1798. That's right. Wallis is here, but we have agreed to accommodate miss Wilson first.

  • Rebecca Bauer-Kahan

    Legislator

    But mister Wallis is right after miss Wilson. When you're ready.

  • Lori Wilson

    Legislator

    Well, good afternoon, madam chair and members. Thank you so much for the flexibility and being able to present early. I'm honored to present AB 1798. Today, more Californians than ever are turning to genetic testing to better understand their health. These tools allow individuals to detect risks early, pursue preventative care, and make informed medical decisions.

  • Lori Wilson

    Legislator

    This is exactly the kind of proactive health conscious behavior we should be encouraging. But instead, our current system creates risk and uncertainty. That is why my bill, AB 1798 prohibits life and non health disability insurance insurers from using nondiagnostic genetic information to deny coverage or encourage premiums. The bill also addresses the growing role of direct to consumer genetic testing, which is considered nonmedical and is not currently used in underwriting.

  • Lori Wilson

    Legislator

    It prohibits insurers from seeking or using genetic information that individuals obtain on their own, ensuring that consumers remain in control of deeply personal data they choose to explore for their own health.

  • Lori Wilson

    Legislator

    At the same time, AB 1798 is carefully balanced, and this type of policy is already being implemented in states like Florida. It does not prevent insurers from accessing medical history or asking about family history. It simply makes clear that genetic data, whether obtained directly or indirectly, cannot be used to make underwriting decisions. In other words, insurance can insurers can still evaluate risk, but they cannot rely on that data that is uniquely sensitive, speculative in nature, and often uncertain.

  • Lori Wilson

    Legislator

    It is extremely important to note that genetic data is fundamentally different than traditional medical data.

  • Lori Wilson

    Legislator

    As emphasized by the American Medical Association, it often reflects only a possibility, not a diagnosis. Many genetic markers indicate risks that may never materialize. And in many cases, the science is still involving or correlational, not causational. Thank you to the opposition for their thoughtful engagement. I'm committed to continuing collaboration as we move forward.

  • Lori Wilson

    Legislator

    We all agree that people should not pay more or be denied coverage because of who they are. Then we must also agree that they should not be penalized for what is written in their DNA. Ultimately, this bill is about balance. AB 1798 ensures that genetic testing leads to better health. It protects privacy, promotes early detection, and reinforces trust in both our health care and insurance system.

  • Lori Wilson

    Legislator

    I would like to now induce introduce my two witnesses, Craig Moll, a scientist at UCSF working on gene editing therapies and a fellow with the Global Brain Health, as well as Miguel Basesas Basesas. Did I say it right? Yes.

  • Lori Wilson

    Legislator

    Okay. Good. Chief deputy legislative director for the California Department of Insurance.

  • Lori Wilson

    Legislator

    going first? Miguel or first?

  • Tina McKinnor

    Legislator

    Are you

  • Tina McKinnor

    Legislator

    Okay. Good

  • Miguel Bastidas

    Person

    afternoon, chair, committee members. My name is Miguel Bastidas. I'm the chief dep oh, sorry about that. Good afternoon, chair and committee members. My name is Miguel Bastidas.

  • Miguel Bastidas

    Person

    I am the chief deputy legislative director for the California Department of Insurance here under the leadership of insurance commissioner Ricardo Lara. With me today is Beverly Brand, assistant chief counsel for the department's policy regulation and approval bureau to help answer any technical questions that you may have. As a proud sponsor of AB 1798, commissioner Lauer would like to thank Assemblymember Wilson for her leadership in authoring this important measure, which protects California's genetic information and life and disability insurance underwriting.

  • Miguel Bastidas

    Person

    California should never have to fear that genetic test results will be used against them when they apply for life or disability insurance. Instead, individuals should be encouraged to get tested early and to to take proactive steps to protect their health.

  • Miguel Bastidas

    Person

    Doing this not only helps individuals stay healthier, also leads to healthier risk pools for insurers. Federal law already prohibits genetic discrimination in health insurance and employment. AB 1798 extends that same logic to genetic tests in any form that predict the potential for disease and are performed in the absence of symptoms or disease. Genetic information is distinct from traditional underwriting factors because it is immutable and most often suggest a remote chance of future diseases rather than a reasonably anticipated risk.

  • Miguel Bastidas

    Person

    It also distinct in that it reveals deeply personal and private information about the patient and the patient's family.

  • Miguel Bastidas

    Person

    Genetic tests often cannot reliably predict whether a disease will actually occur or at what age, and therefore should not be used to penalize individuals who are currently healthy. California law already recognized that certain genetic traits must be protected. Insurers are currently and rightfully prohibited from refusing to insure, sell, or renew life or disability insurance or try charging higher premiums for individuals who carry genetic traits associated with Tay Sachs, sickle cell, thalassemia, or x linked Hemophilia.

  • Miguel Bastidas

    Person

    This bill strengthens consumer privacy, promotes fairness, supports genetic research, and empowers individuals to make informed medical decisions without sacrificing their financial security. I respectfully ask for your eye vote.

  • Miguel Bastidas

    Person

    Thank you.

  • Lori Wilson

    Legislator

    Thank you.

  • Greg Moll

    Person

    Good afternoon, chair and assembly, committee members. My name is Greg Moll. I'm a scientist at UCSF. I work, in developing gene editing therapies, and I also work as an Atlantic fellow to help ensure equitable access to new technologies. I'd like to thank Assemblymember Wilson for her leadership in, offering this bill.

  • Greg Moll

    Person

    And, as Miguel said, sequencing and genetic testing are at the cusp of providing amazing benefits to people and patients, and are becoming a standard part of clinical care. Sequencing can be used for diagnosis, early cancer screening, and even to identify which medicines will work for a given disease. Just last year, a baby was healed with a personalized gene editing therapy for the first time, and this is just the beginning. The NIH is currently piloting using newborn whole genome sequencing as a standard screening tool.

  • Greg Moll

    Person

    JINA and Cal JINA allow life and disability insurers to use genetic information for underwriting.

  • Greg Moll

    Person

    This disincentivizes patients to get life saving potentially life saving genetic testing. Genetic discrimination is a major barrier preventing people from getting genetic testing. A study from the MedSeq project found that twenty eight percent of people who actively decline sequencing cited genetic discrimination fear as their primary reason. I've spoken to gene carriers and their family members, many of whom have refused to participate in clinical research or get genetic testing due to these fears. We can close these loopholes while maintaining a robust insurance market.

  • Greg Moll

    Person

    Florida, France, Canada, and Australia do not allow life and disability insurers to use genetic testing and underwriting. All of these countries and Florida have robust insurance markets that have not been destabilized or hurt by this policy. In several countries, insurers have actually voluntarily imposed a moratorium on themselves. The opposition has said that AB 1798 will cause increased prices, market disruption, and information asymmetry that will undermine their ability to underwrite. These claims are exaggerated.

  • Greg Moll

    Person

    The data are clear. Family history is sufficient for insurers to price risk. Genetic data is probabilistic, not diagnostic in the absence of symptoms. The opposition also proposes solutions including not solely relying on genetic testing or based on sound actuarial principles, but these amendments would make the law unenforceable and leave existing insured practices unchanged. We need strong, clearly enforceable genetic discrimination protections to remove barriers for patients so they can access life saving care and accelerate innovation.

  • Greg Moll

    Person

    For these reasons, I respectfully ask for your aye vote. Thank you.

  • Lori Wilson

    Legislator

    Thank you so much. Anyone else here in support of this legislation? Name, organization, and position, please.

  • Unidentified Speaker

    Person

    Good morning. Scott Sadler on behalf of the ALS Association in support.

  • Lori Wilson

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Sarah Nasito on behalf of the California Chronic Care Coalition and GeneDx in support.

  • Lori Wilson

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Sumaya Nahar here on behalf of the Children's Specialty Care Coalition in support.

  • Tina McKinnor

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Good afternoon, chair and members. Tracy Rosenberg on behalf of Oakland Privacy in support.

  • Unidentified Speaker

    Person

    Chad Mays with California Life Sciences in support. Good afternoon. Moira Topp on behalf of Biocom in support.

  • Lori Wilson

    Legislator

    Thank you. Anyone here in opposition to this bill? Come on up. We may need one of these seats, if you guys don't mind. Thank you.

  • Lori Wilson

    Legislator

    Hi.

  • Tina McKinnor

    Legislator

    Hi. Good to see

  • Matt Powers

    Person

    you. Good afternoon, chair and members. Matt Powers, the Association of California Life and Health Insurance Companies. Our members write the life disability income and long term care policies that AB 1798, would impact. Thank you to the assembly member and staff for their sincere time and and work with us, but we must remain respectfully opposed as as amended.

  • Matt Powers

    Person

    This is a difficult issue that goes to people's health and personal information. Insurers want people to get access to genetic testing, improve their health, and live longer. We're aligned on that. Where we differ is how this information is treated. We do not see genetic information as fundamentally different from other health data used to assess insurance risk.

  • Matt Powers

    Person

    We have concerns that genetic information is especially sensitive. Sorry. Excuse me. We have heard concerns that genetic information is especially sensitive because it's predictive and may never manifest. This is also true of many other tests used in underwriting such as cholesterol, weight, glucose, and blood pressure.

  • Matt Powers

    Person

    Like genetic testing, these are all predictive of future risk, and they're permitted under the insurance code and subject to strict consent standards. Furthermore, the appropriate use of this information has improved predictions of mortality and morbidity and supported a strong affordable life and disability market in California. It's also important to clarify that our focus is on clinical physician ordered genetic tests, not direct to consumer tests like twenty three and Me or Ancestry, which are not taken for medical purposes.

  • Matt Powers

    Person

    We've offered amendments to take those completely off the table, and that leaves really physician ordered tests and research testing, and we're open to limits on research testing. However, clinical grade tests ordered by a doctor to assess and manage medical risk, a part of an applicant's medical file, should remain available, we believe.

  • Matt Powers

    Person

    If a physician orders a test that is material health information, it can predict it can predict risk, rule out conditions tied to family history, and support better underwriting outcomes, often enabling coverage. Insurers are in the business of writing coverage, and accurate information supports that goal. Finally, even though individuals, with higher sorry. Excuse me. Finally, even with, individuals with higher medical risk can access coverage through group insurance and guaranteed issue products that do not require underwriting.

  • Matt Powers

    Person

    This bill is about medically underwritten policies for carriers that need more insight into their long term financial risk, often over decades. And as part of that, we are asking to preserve access to an applicant's medical file. With that, I'd like to turn it over to my counterpart, doctor Deb, representing ACLI.

  • Deborah Domelen

    Person

    Good afternoon to the chair and the committee members. My name is doctor Deborah Van Domelen, and I have been a medical director in the insurance industry for over fifteen years. My training is in family medicine with degrees in public health and genetics. I'm here on behalf of the American Council of Life Insurers.

  • Deborah Domelen

    Person

    Underwriting, the process by which an insurer looks at reviewing medical records to determine risk and appropriate pricing has actually lowered the cost of coverage for the majority of consumers and allowed more families to afford protection.

  • Deborah Domelen

    Person

    But that math unfortunately falls apart when individuals who are at the highest risk for premature death are forced into the lowest risk pools. It only takes a few of these people of higher risk put into the wrong pool to undermine that system. United States lacks a purchase mandate that exists in many other countries that were previously listed. And those mandates allow that risk to be spread off a spread over a large enough pool that it is not necessarily a problem for policy owners.

  • Deborah Domelen

    Person

    That does not exist here.

  • Deborah Domelen

    Person

    As well, this industry is highly regulated. We follow unfair discrimination laws. We follow direct to consumer genetic testing privacy, which I believe came out of this body, and we follow HIPAA. We never access sensitive information without consent. Insurers are committed to respecting and protecting that private information of our policyholders and our applicants, but genetic information is not, from our perspective, any more sensitive than the histories that we see of addiction, mental illness, and STDs in medical records.

  • Deborah Domelen

    Person

    What this bill does is give special status to a subset of consumers at the expense of others who may not have the discretionary income to afford the rising cost of food, housing, gas, and life insurance. So I thank you for your time today.

  • Lori Wilson

    Legislator

    Thank you. Anybody else here in opposition to this bill? Name, organization, and position, please? You're all by yourself.

  • Sherry McHugh

    Person

    Good afternoon. Sherry McHugh representing the National Association of Insurance and Financial Advisors respectfully opposed unless amended and look forward to continuing work with the author. Thank you.

  • Lori Wilson

    Legislator

    Thank you so much. Seeing nobody else in opposition, we'll bring it back to the committee. Questions, concerns, comments? Assemblymember Irwin?

  • Jacqui Irwin

    Legislator

    Yeah. I'm I'm trying to understand how and and I wasn't here right at the beginning of your presentation. How do the insurance companies get the genetic information? Who is it that actually gives it up? It couldn't be doctors can't give it up.

  • Jacqui Irwin

    Legislator

    Right? Or and I thought volunteer like, you couldn't be required to give the give the information to

  • Lori Wilson

    Legislator

    the insurance company. Into play is the insurance companies have access to the medical file. And within the medical file, a patient could note that they took a test that was a direct to consumer. The doctor could have ordered a genetic test, and so that is how they find out about the genetic test.

  • Lori Wilson

    Legislator

    And so what we're saying is that the doctor who has the primary is the primary care physician who's assessing the risk of the information that they're getting through testing is the one who should be assessing that risk and noting that.

  • Lori Wilson

    Legislator

    And they have they still have access to that information, but they can't look and see that there's a genetic test, take those results, and then assess risk based on that. They have to use the doctor's assessment of that risk, not the genetic test itself.

  • Jacqui Irwin

    Legislator

    Okay. I I didn't realize they they can have access to the entire medical record. Exactly. Leona Richland. And the the genetic test, if it's if it's a commercial one, you don't necessarily share the results with your

  • Lori Wilson

    Legislator

    What happens is now in the advent of, AI tools within the medical field, you are, your doctor previously before AI would write what he thought or she thought, they thought, what was medically relevant. They might not note the '23 and me or something like that. But with the event of AI, it's actually being recorded, and that whole transcript is included. So if the person mentioned it, that would be a part of the file.

  • Lori Wilson

    Legislator

    And they could, they do not right now, use genetic information at all in their underwriting.

  • Lori Wilson

    Legislator

    So what we're saying is we wanna hold the line that you won't be able to at all.

  • Jacqui Irwin

    Legislator

    Alright. And and I I I don't know who made the argument, but, yeah, I can see that if the insurance companies are using this genetic information, it's definitely a disincentive to testing because all sorts of things could show up. I don't know if that's

  • Lori Wilson

    Legislator

    It was by he's nearby if he wants to

  • Lori Wilson

    Legislator

    He's waving behind you.

  • Lori Wilson

    Legislator

    Yes. If you wanna speak to that. Art.

  • Joe Patterson

    Legislator

    Oh, yeah. Oh, okay.

  • Greg Moll

    Person

    Yeah. There have been several studies where it depends a little bit on the genetic test and a lot on the education level of the patient, but it's anywhere from ten to forty percent of people who decline sequencing cite genetic discrimination fears as their primary reason.

  • Lori Wilson

    Legislator

    And I would like to note, if I can through the chairs, that as a reminder, genetic testing is not just about you. It's about your family. And so someone else could be discriminated against because they are related to you within that underwriting process because now your genetic material is being used and you happen to be related to somebody. They don't have that genetic testing but could be aware of the familiar relationship and be able to do that.

  • Lori Wilson

    Legislator

    They do not do that now, but those are the types of things that we are guarding against.

  • Jacqui Irwin

    Legislator

    And and the the industry just wants information to more to charge patients.

  • Deborah Domelen

    Person

    We're looking to accurately assess the risk.

  • Jacqui Irwin

    Legislator

    But but for but for a hundred years, you've been able to accurately assess the risk of people just based on their their physical health. Right? Or or their parent what what happened with their parents?

  • Deborah Domelen

    Person

    Right. We what what I would say is family history is critically important and has been something we've had access to in the past. And it was probably what we would call the first genetic test before we even knew what a gene was. But there are restrictions on our access to family history and how we are allowed to ask those questions, especially in our application process, which can be somewhat problematic and solely relying on that.

  • Deborah Domelen

    Person

    But there is additional risk what I'd say, and I know there's concern about what is association versus causation, what is a predictive test versus a diagnostic test.

  • Deborah Domelen

    Person

    And what I would say is that in the underwriting process, we are looking at things holistically. If somebody has a genetic marker for increased risk, whether that's cancer, Alzheimer's, many different things, we look at it in what are they doing to prevent it, how is the rest of their health, and so it's not one piece of information. Just like when I had a clinical practice, I would look at that as well. But it is important from a predictive standpoint.

  • Deborah Domelen

    Person

    For instance, if I look at certain tests or whether it's cholesterol, People don't die of high cholesterol.

  • Deborah Domelen

    Person

    They die of the ramifications of it down the road, the heart attack. And so we're looking at genetic testing as the same type of predictive tool that it's not guaranteed 100. But there are many places where if we look at somebody who has lung cancer, only ten to twenty percent of people who are heavy smokers end up with lung cancer. If we look at end stage liver disease, only ten to fifteen percent of those people end up with or or it's from heavy drinking.

  • Deborah Domelen

    Person

    So if you look at, unfortunately, for a condition like ALS that is very devastating.

  • Deborah Domelen

    Person

    If you look at the pathogenic, the known pathogenic genes and mutations, they can be fifty percent, seventy five percent, sometimes ninety percent predictive that they will manifest that disease down the road. That is five to 10 times the predictive capability of other other health information that we use on a regular basis.

  • Lori Wilson

    Legislator

    I've got I don't mean to interrupt you, Assemblywoman, but I have a quorum, and today, I might lose it. Okay. Okay.

  • Tina McKinnor

    Legislator

    But So

  • Lori Wilson

    Legislator

    So if we can just call the room.

  • Jacqui Irwin

    Legislator

    M Here.

  • Committee Secretary

    Person

    Erwin here. Lowenthal?

  • Unidentified Speaker

    Person

    Here.

  • Committee Secretary

    Person

    Lowenthal here. McKenner.

  • Committee Secretary

    Person

    McKenner here. Ortega.

  • Joe Patterson

    Legislator

    Here.

  • Unidentified Speaker

    Person

    Here.

  • Committee Secretary

    Person

    Ortega here. Patterson. Here. Patterson here. Pellerin.

  • Committee Secretary

    Person

    Petrie Norris. Ward. Wicks. Here. Well sorry.

  • Committee Secretary

    Person

    Sorry. I'm sorry. Wicks here. Wilson. Here.

  • Committee Secretary

    Person

    Wilson here. We have

  • Lori Wilson

    Legislator

    a quorum. Okay. Back to you.

  • Jacqui Irwin

    Legislator

    So I I would just say, like, it for me, insurance is about spreading the risk over a large number of people. And now what you would have is if you saw that somebody, you know, is has is eighty percent likely to have Parkinson's, you certainly wouldn't insure them. So you're going to end up with, you know, a a number of people that have high probability of Alzheimer's that are are not gonna be able to be insured or or, you know, certain types of cancer.

  • Jacqui Irwin

    Legislator

    So that's my concern. I think it goes away from the idea of of spreading the risk.

  • Jacqui Irwin

    Legislator

    But let me,

  • Deborah Domelen

    Person

    of all, say one thing about the purpose of underwriting, which is what I my medical expertise and how I apply it. And the purpose of underwriting is to stratify the known risk, which we're required to do appropriately because the actual insurance that's being purchased is to cover the unknown risk between now and in indefinitely into the future. So that's the important to think about. And unfortunately, there are people, although I think there are assumptions at the number of people that cannot get insurance the traditional way.

  • Tina McKinnor

    Legislator

    first

  • Deborah Domelen

    Person

    There are many, many conditions that we ensure.

  • Deborah Domelen

    Person

    We may charge them a little bit more than the discounted rates. We charge the extremely healthy people, but most of them can get coverage. If they do not want to disclose that information, as mentioned by my colleague, there is guaranteed issue. There are employments. There are simplified issues.

  • Deborah Domelen

    Person

    You probably hear on the radio companies like Ethos Ladder who have a very different underwriting model and a different product model that may be more conducive to people who cannot access insurance other ways.

  • Lori Wilson

    Legislator

    Through the chair, I'd like to note though and pass it over is that we don't disagree given the example that she talked about ALS. But that would be through your doctor who ordered that genetic testing and determine that risk and then note and did a diagnosis or noted in the file that there is a risk for this, so I want you to do x Y Z. They can actually use that information from the doctor. It's the test they can't use on its own to underwrite.

  • Lori Wilson

    Legislator

    But the information that the doctor writes about it that where the doctor has assessed the risk and what treatment options they're giving or what medicine they should be taking to push that out.

  • Lori Wilson

    Legislator

    All of that is known to them and and allowed to be used by them. And I'll

  • Lori Wilson

    Legislator

    turn it over to our experts.

  • Unidentified Speaker

    Person

    Oh, I just wanna say from a technical standpoint oh, my apologies. From a technical standpoint, when you look at underwriting, it's to fairly differentiate risk between the different classes and to reasonably anticipate risk. So it's not just stratifying it down to the most minute level. Right? You're trying to be fair across classes and as you ultimately spread the risk. Sorry.

  • Jacqui Irwin

    Legislator

    Okay. Thank you. Okay.

  • Tina McKinnor

    Legislator

    Oh, miss McKenna. Yes. Good afternoon. I have a couple of questions. Given the historical disparities in health care and insurance access, do you, ensure genetic data isn't used in a way that disproportionately harms certain communities?

  • Deborah Domelen

    Person

    I think we we go where the data takes us from the standpoint of we are not looking for ways to have outcomes differentially harm populations. But let me take it out

  • Lori Wilson

    Legislator

    of the You might have to move the mic.

  • Lori Wilson

    Legislator

    I know you wanna talk to the assembly member, but we need to get you on the record.

  • Deborah Domelen

    Person

    There are conditions outside of genetics that affect different populations differently. And we still have to understand that hypertension can affect different communities differently, certain types of cancers. As a woman, I'm more likely and I've had breast cancer. So, I know that's part of my underwriting when I apply, but that doesn't mean just because it can affect different populations differently that I say, well, you can't consider breast cancer as a risk because it is going to affect women more than men.

  • Deborah Domelen

    Person

    And so, I think it's we're not looking at the genetics.

  • Deborah Domelen

    Person

    We're looking at what it tells us from a disease and what the future holds and how what kind of life expectancy we can have. So, hopefully, by doing that and following the science, we are getting past some of the it's more of a consideration of disparate impact, but it should be minor. It shouldn't be major.

  • Tina McKinnor

    Legislator

    Well, with the excuse me. In the medical field, there's so much built in systemic racism that it's something that, like, our community would not trust. I mean, I'm I'm with my colleague. If a doctor is ordering this, that's one thing. But to to do genetics and then have you guys underwrite it on that, I think that's a way to to to kind of weed people off out of insurance.

  • Tina McKinnor

    Legislator

    So I'm I'm very skeptical of that. Let's see. You told us about underwrite underwriting. I think assembly member Erwin asked you about this. Isn't it true that underwriting has always been involved managing uncertainty?

  • Tina McKinnor

    Legislator

    Why should genetics be treated differently? And and another thing, when you mentioned breast cancer, ten years ago, when you're when you got if you got insured ten years ago, I'm sure the insurance company didn't underwrite you to have breast cancer ten years ago.

  • Deborah Domelen

    Person

    They didn't. And I think that brings up an excellent point that we encourage as an industry people to apply for insurance as early as possible so they are as healthy as possible to get the best rates. Because as you get older, you are more likely to manifest health conditions or have risks identified. But we can't, therefore, ignore those risks when they do come up later when we're trying to put people into those appropriate groups that the insurance, laws require us to do.

  • Tina McKinnor

    Legislator

    Well, I actually really think that this thank you for the bill, assembly member. I would love to be a coauthor. We do have to make sure that those those deep systemic racism, we're trying to weed that out of the health care, and I don't think that this helps. I mean, I think that you guys opposing this the way that you wanna use genetics. I don't think that that helps us at all.

  • Tina McKinnor

    Legislator

    I think that they should have guard we should make sure that there's guardrails.

  • Deborah Domelen

    Person

    Oh, and and I think there are guardrails that we're continuing to talk about. We are not at all saying there should be no guardrails and it's the wild, wild west. There are many ways that we see there are risks related to genetic information.

  • Lori Wilson

    Legislator

    Thank you.

  • Lori Wilson

    Legislator

    Thank you, Assemblymember. Okay. Oh, mister Patterson.

  • Tina McKinnor

    Legislator

    Thank you.

  • Joe Patterson

    Legislator

    Great. Thank you. Question regarding I clearly don't have life insurance or well, I do have term, but when you're applying, is it you know, in a person goes out, maybe gets a blood test or uses now one of the services out there that perform blood tests and, you know, maybe a practitioner will go through it or maybe AI will go through it. But, are those is that kind of information right now requested by insurance companies, through this process, Through the application? I

  • Matt Powers

    Person

    think the simplest answer is it depends on the type of product. So if the insurer is medically underwriting that process, then yes, they are going to ask for your medical records. This is all standard practice. That could include a genetic test currently. They may ask you to take, blood pressure.

  • Matt Powers

    Person

    They send a phlebotomist to your house, take, blood pressure, do a blood draw. So it really depends on the type of coverage that you're seeking. I think that's one of the points that we we try to make is that there's a variety of different, options in the marketplace for different people that are differently situated. But if you're applying for life insurance, we want symmetry of information is what we're calling. We wanna know what the applicant knows.

  • Matt Powers

    Person

    And otherwise, there could be adverse selection. If there's a very high likelihood of you developing any disease that we we're not aware of, you may take out more coverage, that affects the risk pool. So I think that's really what we're arguing for is that, we want to continue to have access to the medical record. The assembly member earlier was asking about, you know, direct to consumer, '23 and me. We're fine to take that off the table.

  • Matt Powers

    Person

    That's those are not we we we recognize those are not, solid clinical tests. We're We're fine to take off the table. But if your doctor's ordered I mean, some similar to what the some of the women is saying, putting the doctor in the driver's seat. Yeah. If the doctor has ordered the test and that is in your medical record, we think it's appropriate to be able to see, to to see that.

  • Matt Powers

    Person

    I think there's a subtle distinction.

  • Lori Wilson

    Legislator

    And I know when the doctor orders it, he's opining or they're opining on this information, and then that's the information that they can use, not the exact genetic testing. And he noted, symmetry, informational symmetry. We already limit what insurers, can use when fairness demands it. We say right now through California law that you can't use characteristics like race, sexual orientation, even if those things are Sec even those things are statistically relevant, because they're civil rights issues and they outweigh, purely actuarial considerations.

  • Lori Wilson

    Legislator

    And so we're saying genetic information is the same thing, and we know now that genetic information does not necessarily lead to diagnosis or or it talks about the probability, but it's really the assessment of the doctor that determines based on other factors what that should be.

  • Lori Wilson

    Legislator

    And they are currently relying on that information, and, and we're not stopping them from relying on the information. So they have access to the file, but they don't have access to the genetic testing, and they can't base their underwriting on that. Only the doctor's opinion surrounding that genetic testing.

  • Matt Powers

    Person

    Yeah.

  • Unidentified Speaker

    Person

    If the question was whether or not the we see companies or the department sees companies using the procedure in current law to actually request genetic tests. There's an informed consent procedure and some privacy protections under the law, and the answer to that is no. To extent, we've seen it, not that we see everything, of course, through exams. It's been, accessed through the medical records.

  • Unidentified Speaker

    Person

    So the legislature did put in place an informed consent process, but that specific to genetic testing, of course, the authorization for medical records, there's consent to that as well.

  • Unidentified Speaker

    Person

    Yeah. I think we're

  • Matt Powers

    Person

    we're okay to, you know, concede on the point that we won't require a genetic test. So we wouldn't ask the applicant for that genetic test. So our our position is based on what's in the medical file. So what the doctor has then ordered.

  • Joe Patterson

    Legislator

    Okay. So, excuse now I'm a little confused. So your bill right now, under current law, you can get access to the medical record that might include some genetic assessment or something by the doctor.

  • Lori Wilson

    Legislator

    It would you can get access to, the medical file. And if it includes genetic testing, they have full access and can use that today under current law. If if They're they're not requiring it, but they can. K. And so what we're saying is you can access the opinion of the doctor who's assessed that, but just the genetic testing, you can't make you can't underwrite based on genetic testing.

  • Lori Wilson

    Legislator

    It has to be based on the doctor and what the doctor says around that, not the genetic test. So you will no longer have access to genetic testing, just the doctor's assessment of that genetic testing.

  • Joe Patterson

    Legislator

    Yeah.

  • Matt Powers

    Person

    Okay. Is that

  • Joe Patterson

    Legislator

    all I wanna make sure.

  • Lori Wilson

    Legislator

    Yeah. That's accurate. You can use

  • Unidentified Speaker

    Person

    it if it's actuarially sound. It doesn't mean that in certain instances, they might use it in the department and the exam might look at it and say, hey, that was not okay. Right? But

  • Matt Powers

    Person

    Just fair.

  • Unidentified Speaker

    Person

    There there's no legal, nothing in the statute. No legal I

  • Joe Patterson

    Legislator

    missed the opening presentation. So is this an actual prop going on right now and not to talk to her?

  • Lori Wilson

    Legislator

    We have so many bills. We cannot repeat all the presentations. We appreciate people coming

  • Lori Wilson

    Legislator

    in and out. Problem is becoming an issue. And so that's why we brought the bill because it is becoming an issue. So we don't want it to be more than what it is right now. We wanna stop it and then roll back a little bit.

  • Joe Patterson

    Legislator

    Yeah. Yeah. Okay. Thank you.

  • Lori Wilson

    Legislator

    Okay. Seeing and hearing no further debate, I will just say I wanna thank you for this bill and actually I'd like to be added as a co author as well. Thank you.

  • Lori Wilson

    Legislator

    And I feel like I have McInner as co author. I've never

  • Lori Wilson

    Legislator

    said that. You know, I'm a rare disease mom. I have many people in my life who have benefited just so much from genetic testing. And in many ways, even the opposition said in life saving ways, you know, these tests for especially rare disease patients getting a diagnosis can lead to treatments that otherwise one may never know about unless we can actually diagnose, these individuals.

  • Lori Wilson

    Legislator

    And I will tell you that a physician family member of mine who has, breast cancer history, you know, was opting not to get genetic testing for this exact reason because she didn't want the discrimination that may come with it.

  • Lori Wilson

    Legislator

    And I love her so much. And I said, I want you to get testing because I know it might save your life one day to know what you should be doing and how you should be reacting in the medical field. And so I I believe the data because I've known it firsthand. And so this is just really important that we help people have the protections to go get the care they need to live longer and healthier lives.

  • Lori Wilson

    Legislator

    And in the end, it will mean less payouts, so it will be a win win.

  • Lori Wilson

    Legislator

    With that, would you like to close?

  • Lori Wilson

    Legislator

    Absolutely. Thank you for the discussion and the, questions from my colleagues and those who support and even the opposition. We've had great conversations. And if we continue to refine the bill, I'm always happy, to do that. We have led the nation in recognizing that innovation must be matched with responsibility.

  • Lori Wilson

    Legislator

    As genetic technology advancing advances, so too must our safeguards. We are standing at the intersection of innovation and policy, and the choices we make today will shape how Californians experience the future of medicine. AB 1798 ensures that future is one of trust, access, and protection, not fear. With that, I thank you and respectfully ask for a high vote.

  • Tina McKinnor

    Legislator

    We have

  • Lori Wilson

    Legislator

    a motion and a second. Please call her up.

  • Committee Secretary

    Person

    Item number two, AB 1798 by Assembly member Wilson. The motion is do passed to appropriations committee by. Aye. Okay. Aye.

  • Committee Secretary

    Person

    Masito, Brian, De Mayo, Hoover, Erwin. Aye. Erwin, Aye. Lowenthal. Aye.

  • Committee Secretary

    Person

    Lowenthal, Aye. McKenner. Aye. McKenner, Aye. Ortega?

  • Committee Secretary

    Person

    Aye. Ortega, Aye. Patterson. No. Patterson, no.

  • Committee Secretary

    Person

    Pellerin, Petrie Norris, Ward, Wicks. Aye. Wicks, Aye. Wilson. Aye.

  • Committee Secretary

    Person

    Wilson, aye.

  • Rebecca Bauer-Kahan

    Legislator

    That bill has seven votes. It will stay on call. And that with that, we're gonna take up the consent calendar. Do we have motion on the consent calendar? Motion and a second. Let's call the roll.

  • Rebecca Bauer-Kahan

    Legislator

    [Roll Call]

  • Rebecca Bauer-Kahan

    Legislator

    has seven. We'll leave it on call. And thank you, mister Wallis, for help, I guess, accommodate, assembly member Wilson. I appreciate your patience.

  • Greg Wallis

    Legislator

    Anything for you, madam chair.

  • Rebecca Bauer-Kahan

    Legislator

    We have a motion Second. And a second. Wait for your witnesses. And I think we may need to move our interpreters as well so that everyone has access.

  • Unidentified Speaker

    Person

    Great. Okay.

  • Rebecca Bauer-Kahan

    Legislator

    Perfect. Wanna make sure that our interpreters were in the right place, and they are. With that, when you're ready, mister Wallace.

  • Greg Wallis

    Legislator

    Good afternoon, madam chair and committee members. I have before you today assembly bill twenty one ninety, which takes an important step towards improving website accessibility in California. First, just wanna thank the committee for its hard work on this bill and for the thoughtful analysis. We appreciate the effort that's gone into refining it and accept the committee's proposed amendments. The challenge before us is clear.

  • Greg Wallis

    Legislator

    Today, approximately 96% of major websites still contain accessibility barriers. That means nearly one in four California adults living with disabilities face real obstacles when trying to access essential online services like banking, health care, and employment opportunities. AB 2190 offers a thoughtful and balanced path forward. It establishes clear accessibility standards based on widely recognized WCAG guidelines, encourages businesses to take proactive steps to address barriers, and provides protection for those acting in good faith.

  • Greg Wallis

    Legislator

    At the same time, it ensures accountability for technology providers and aims to reduce unnecessary and costly litigation.

  • Greg Wallis

    Legislator

    We've engaged extensively with stakeholders across the business and technology sectors as well as the disability rights community and have provided updated language that we believe addresses many of the concerns that were raised. We're continuing that dialogue and look forward to their feedback as we work to further strengthen the bill. I think it's a practical and long overdue framework. It reflects California's long standing leadership in advancing disability rights while supporting responsible businesses and ensuring broader access in an increasingly digitally reliant world.

  • Greg Wallis

    Legislator

    Here with me to testify and support are Mary Anne Haas, the first blind delegate to attend the California Republican Party convention, and Tim Elder, elected president of the National Federation of the Blind California.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. I don't know who wants to go first, but You

  • Unidentified Speaker

    Person

    can go there.

  • Rebecca Bauer-Kahan

    Legislator

    Okay. Is it Mary Anne?

  • Joe Patterson

    Legislator

    Go for it, Mary Anne.

  • Rebecca Bauer-Kahan

    Legislator

    There you go.

  • Mary Haas

    Person

    Good more good afternoon, everybody. I'm Mary Anne Haas. I was born blind, and I use adaptive technology, screen reading software. And I had several problems with accessibility. Luckily, I have people that will help me if I need help with buying something.

  • Mary Haas

    Person

    But we know that it is more and more that stores are closing. And even if stores are open, for a lot of blind people, it's difficult for them to find and get those to those stores to buy stuff. So they have to buy things online. Equally important is it for people who live in rural areas that are blind and that may not have any sighted companions like I do. So this is why I really would appreciate a yes vote on this bill.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much, Mary Anne, when you're ready.

  • Tim Elder

    Person

    And, hello. My name is Tim Elder. I'm the president. I'm the elected president of the National Federation of the Blind of California, the largest organization of and for blind people here in the state of California. I represent hundreds of thousands of blinds, low vision, and deaf blind individuals.

  • Tim Elder

    Person

    And by my day job, I'm an attorney and litigator and helped draft some of the language in the bill today. So I really just wanna highlight three points for you as you consider this very important civil rights and ADA compromised bill. The current law is not currently sufficient to promote compliance. I hear from many of our blind members, like Mary Anne and others, that, they're having problems with the Internet.

  • Tim Elder

    Person

    Anything from booking an appointment to get a dog grooming, to picking up coffee to go, it increasingly is a digital issue.

  • Tim Elder

    Person

    I personally, experienced many websites and even some barriers, including last night, just trying to book the Capitol Corridor train down here. We don't wanna file lawsuits every time we encounter a barrier. It would make us all professional litigants, which I don't recommend. My second point is if we leave the status quo in place, we're going to see that.

  • Tim Elder

    Person

    We're going to see the continued use of these serial plaintiffs resorting to unethical lawyers who are often extorting monetary settlements that don't have any remediation within these settlement agreements.

  • Tim Elder

    Person

    Instead, we are proposing this solution, which would promote proactive compliance and focus on actual fixes. The third point, we really need to go upstream because of the nature of the way that, technology has changed. The coffee shop, the barber shop, they're not building their own websites. They're licensing templates and outsourcing platforms, from Internet resource providers.

  • Tim Elder

    Person

    And often, those frontline ADA businesses that are getting hit with some of these lawsuits, even if they wanted to fix their coffee shop website, they can't because it's it's under the control of the platform resource provider.

  • Tim Elder

    Person

    We don't think that's right. We think the purse the entity that holds responsibility for remediating and the ability to control the fixes should be the one who holds and shares some of that liability. My community vigorously supports AB 2190. It's a reasonable strategy to help modernize California's civil rights protections while providing a carrot to businesses that want to comply and increase their customer base.

  • Tim Elder

    Person

    So, I appreciate that some in the business community really support this bill and that others have some concerns that I'm committed to work, with them and anyone, on additional language, as we continue to make this, a a success story and follow-up in the true bipartisan nature of the Americans with Disabilities Act.

  • Tim Elder

    Person

    So happy to answer any questions.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Anybody else here in support of this bill? Name, organization, and position.

  • Tramel Watson

    Person

    Good morning. Tramel Watson with Disability Rights California in strong support. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no additional witnesses in support, do we have opposition on this bill? Come on up. There's two chairs.

  • Annalee Akin

    Person

    Good afternoon, madam chair and members. Thank you so much, Annalee Augustine, here on behalf of the Civil Justice Association of California. We first would like to thank the author and his staff and witnesses and stakeholders involved. We sincerely do appreciate multiple meetings we've had on the topic, and they have offered amendments that we are reviewing in detail to be as thoughtful as we can about this process given that this is such a critical issue. We are respectfully opposed unless amended to AB 2190.

  • Annalee Akin

    Person

    We appreciate the goal of improving website accessibility and support clear and workable standards that help businesses address barriers and avoid shakedown lawsuits in this space. As drafted, we see AB 2190 as risking increasing litigation without providing the meaningful or achievable compliance pathways. We have four main areas of concerns that we are committed to continue working through with the author and stakeholders. First, we wanna make sure that the affirmative defenses offered are workable and feasible for businesses.

  • Annalee Akin

    Person

    We also wanna make sure there's an appropriate timeline for remediation.

  • Annalee Akin

    Person

    We're gathering feedback and given the technical complexities involved with these compliance issues, we wanna make sure that whatever is in statute is workable for the businesses to make sure that they can same accessibility goals. We also wanna, address pass through liability for resource service providers who might not have control about the web content. And then also, we are concerned about the new pathway for intentional discrimination to be added if a business does not remediate between within forty five days.

  • Annalee Akin

    Person

    Again, very much appreciate the author and stakeholders here, and we are very committed to working through these issues. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Anybody else here in opposition to this bill? Name, position, and organization, please.

  • Unidentified Speaker

    Person

    Good afternoon, chair members. Reiterating Jose with Tecna reiterating all the concerns from CJAC.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Greg Wallis

    Legislator

    Hello. Jacob Brent with the California Retailers Association. Respectful opposition.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Laura Bennett

    Person

    This got ran over. Laura Bennett on behalf of California, Chamber of Commerce. It was last amended.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no additional opposition in the room, we will bring it at back up to the members.

  • Tramel Watson

    Person

    Move the bell.

  • Rebecca Bauer-Kahan

    Legislator

    Motion and a second. Thank you. Assemblymember Erwin.

  • Jacqui Irwin

    Legislator

    Just I'll just I know we're trying to rush, but I one quick question. How how I guess I don't understand. How is there more liability with this bill when it offers a cure than there is with the current situation where you have where we see a lot of predatory lawsuits. So what what is it that makes this bill how how does this worsen the situation? I think go ahead. Sorry.

  • Annalee Akin

    Person

    Thank you, Assemblywoman. Great question. I would offer one example of public disclosure of issues that businesses for for the first pathway right now for affirmative defenses, a business would have to disclose the accessibility issue that they find. And so publicly offering an issue that they are working on, that could give more information to attorneys that are trying to then go after businesses. So that's one example, that I would see as an answer to that.

  • Unidentified Speaker

    Person

    Tim, do

  • Unidentified Speaker

    Person

    you wanna respond? Yeah. Yeah.

  • Tim Elder

    Person

    So I I would say that, the the the first affirmative defense category that which involves the publication of a DAR, a disability access report. It's sort of like a a notice, like, we are fixing these things. It's it's analog to the physical construction that, we currently have under California, physical access requirements where if the business posts a notice while they're sort of working on something, they get, some period of immunity while they're in good faith fixing those things that they've identified in their notice.

  • Tim Elder

    Person

    This is the equivalent of that in the the digital space. I don't think it would increase.

  • Tim Elder

    Person

    I also think that it was an alternative to affirmative defense option so no one has to no one has to publish it to get the affirmative defense. They could opt for the the subsection b pathway where they take a bunch of things and are not publishing the DARS but are getting the affirmative defense to a different set of requirements.

  • Tim Elder

    Person

    So I don't think it would, in fact, increase, the the the DAR report provision was really meant for small businesses that are operating primarily in California, where they're not going to be as concerned. Right? Because they're getting immunity if they publish that notice.

  • Tim Elder

    Person

    So in my opinion, it doesn't increase, litigation.

  • Jacqui Irwin

    Legislator

    And I I really do like the goals of this bill. I will be supporting it, but I I hope you continue to work with the opposition and make sure that this does not increase liability as as they have expressed concern about.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Absolutely. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Assemblymember. Anybody else? Seeing no further questions or comments, I really wanna thank you Assemblymember for wading into what is a hard area of legislation, and I think, doing so with the disability rights community at the front and center, which is so critical to getting this right. And none of us it was I loved I don't have to remember your name, so I'll call you counselor. Counselor, I loved what you said about courts aren't great for anybody.

  • Rebecca Bauer-Kahan

    Legislator

    I absolutely agree. I actually said that earlier in judiciary. Even the lawyers don't wanna be there. So I think, you know, everybody wants their just to be access. And so if that's what we achieved through this bill without costly litigation on small business, but giving the disability community what they need, which I think, Mary Anne, you did such an eloquent job of articulating, our lives are so dependent on online access right now.

  • Rebecca Bauer-Kahan

    Legislator

    And so this needs to be meaningful because if you can't read a website for whatever reason, we have to fix that, and yet we should be giving businesses the opportunity to do exactly that. And I think modeling this after physical, laws that have been in place for a long time is a really elegant way to do it. So with that, I'm happy to support it today. Would you like to close? Member Wallace.

  • Greg Wallis

    Legislator

    I will use the chair's comments as my close. I respectfully ask for an aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    We have a motion and a second.

  • Committee Secretary

    Person

    Item number one, AB 2190 by Assemblymember Wallace. The motion is do passed as amended to appropriations committee. Bara Kayhan.

  • Rebecca Bauer-Kahan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Bara Kayhan, aye. Macedo. Aye. Baraayhan, aye. Baraayhan, aye.

  • Committee Secretary

    Person

    Macedo, aye. Brian DeMaio, Hoover. Aye. Hoover, Aye. Erwin?

  • Committee Secretary

    Person

    Aye. Erwin, Aye. Lowenthal?

  • Committee Secretary

    Person

    Lowenthal, Aye. McKinner? Aye. McKinner, Aye. Ortega.

  • Unidentified Speaker

    Person

    Aye.

  • Committee Secretary

    Person

    Pat Patterson? Aye. Patterson, Aye. Pellerin?

  • Committee Secretary

    Person

    Petre Norris. Ward Wicks? Aye. Wicks, aye. Wilson.

  • Unidentified Speaker

    Person

    Aye.

  • Rebecca Bauer-Kahan

    Legislator

    That bill has nine votes. It's out. We'll leave it open for absent members. Assemblymember Carrillo, you've been waiting patiently. Come on up.

  • Rebecca Bauer-Kahan

    Legislator

    And let's give everyone a minute to clear if you don't mind. Can someone give

  • Unidentified Speaker

    Person

    me a minute?

  • Rebecca Bauer-Kahan

    Legislator

    When you're ready, assembly member.

  • Unidentified Speaker

    Person

    Thank you. Good afternoon, madam chair and members. Thank you for allowing me to present assembly bill twenty seven twenty one. Before I begin, I want to thank the chair and her staff for working with my office and proposing amendments, which I'm accepting. And this amendment's brought focus and clarity to the bill.

  • Unidentified Speaker

    Person

    Thank you. Members, I'm here today to present Assembly Bill twenty seven twenty one, a measured common sense bill sponsored by United Local Eleven that simply directs hotels to disclose via public notice on-site, visible to hospitality workers and guests in the reservations they know of or should be aware of with US Customs and Border Protection and US Immigration and Customs Enforcement. Members, I also want to emphasize this is a Latino caucus priority bill.

  • Unidentified Speaker

    Person

    Public notice by hotels visible to hospitality workers and guests shall remain prominently displayed for the duration of the reservation with a notice clearly identifying the agency with the reservation and the length of the reservation. This bill does not ask hotels to take sides.

  • Unidentified Speaker

    Person

    It asks for transparency. Clear, neutral disclosure protects hospitality workers and guests without requiring businesses to endorse or oppose any public or any policy or agency. We did not put hotels in the middle of politics. The actions of the Federal Government did that to all of us when they started targeting our workforce and misusing hotels as facilities in violations of US oversight laws. We listened constructively to a point raised that an earlier draft of the bill applied too broadly by targeting all federal agencies.

  • Unidentified Speaker

    Person

    With much appreciated and valuable assistance from the chair and staff, we took commitments to ensure the bill brings transparency to the federal agencies we are rightly concerned by rather than all federal agencies. The core concern is the presence of federal operations that may impact the workplace environment. A uniform standard gives workers and guests awareness when those agencies are on the premises. Hotels are already navigating complex regulatory environments every day.

  • Unidentified Speaker

    Person

    This is a straightforward workplace notice requirement similar to existing labor postings, not a mandate to engage in political disputes.

  • Unidentified Speaker

    Person

    We're not boarding any hotels by asking them to print and post a visible notice. We're not specifying the front location or signage of the notice. We're asking them to give a heads up to the people that keep their businesses profitable. California has a long standing role in setting balance, work focused standards. This bill is narrowly focused on transparency and safety, not target individuals or viewpoints, and should be understood in that context.

  • Unidentified Speaker

    Person

    The bill's intent is not to identify individuals, but to inform workers about operational conditions that may affect their safety. Thoughtful rollout can ensure disclosures remain general and identify only the agency without compromising anyone's security. This bill does not regulate the actions of the Federal Government or create long term burdens even if federal policy changes. The notice outlines is minimal and consistent with existing policy and obligations. For these reasons and more, I respectfully ask for your vote on AB 2721.

  • Unidentified Speaker

    Person

    I have with me today Juan Munoz with UnitedHealthcare Local eleven to testify and insights as to why this bill is needed and what problem it is solving for.

  • Rebecca Bauer-Kahan

    Legislator

    Just just to clarify, I heard you accept the amendments, but staff did not. Did you accept the amendments?

  • Unidentified Speaker

    Person

    Yes. I did.

  • Rebecca Bauer-Kahan

    Legislator

    Perfect. Thank you. Sorry. Yeah. When you're ready.

  • Juan Munoz

    Person

    Great. Thank you so much, assembly member. Good afternoon, chair Bauer Kehan, vice chair Macedo, and members of the committee. My name is Juan Munoz, and I'm here on behalf of Unite Here Local Eleven, proud sponsor of AB 2721, representing over 32,000 hospitality workers. Our members are largely women, immigrants, and people of color, and they are the backbone of California's hospitality industry.

  • Juan Munoz

    Person

    AB 2721 is a simple common sense consumer protection bill that aligns existing law requiring businesses to disclose information to consumers. It does not regulate federal law enforcement. It does not regulate consumers. It regulates hotel activity by establishing a uniform disclosure requirement on contracts for two specific federal agencies. Today, when hotels enter into arrangements with federal law enforcement, workers and guests are left in the dark.

  • Juan Munoz

    Person

    Our members have raised serious concerns about the presence of federal agents in hotels, including safety risks. In some cases, conditions are serious enough that workers must be allowed to refuse unsafe work. Hotel workers did not sign up to work in environments with armed agents or situations that can escalate quickly. They deserve to know the conditions of their workplace before they walk in, and neither did the public.

  • Juan Munoz

    Person

    Families on vacation and people traveling for work did not sign up to stay somewhere with an undisclosed federal law enforcement presence.

  • Juan Munoz

    Person

    Hotels already notify guests when the pool is closed or a restaurant is unavailable. It is only common sense that people should also be informed when there is a federal law enforcement presence on-site. Without transparency, communities are left trying to figure out what is happening in real time, leading to confusion and fear. Clear, neutral disclosure ensures everyone has the same basic information. Most hotel workers in California are not unionized.

  • Juan Munoz

    Person

    Many are hired through temporary staffing agencies with fewer protections and less information. They are often the most vulnerable and the least informed. People should not have to walk into a hotel in the dark about what is happening inside. We respectfully ask for your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Anyone else here in support of this bill? Name, organization, and position, please.

  • Unidentified Speaker

    Person

    Hello, madam chair. And

  • Rebecca Bauer-Kahan

    Legislator

    Is the mic on? I can't tell. Thank you so much. There we go. Cool.

  • Unidentified Speaker

    Person

    Hello, madam chair and members of the committee. Yvonne Fernandez with the California Labor Fed in support.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no additional witnesses in support, do we have a witness here in witness or witnesses here in opposition? Come on up.

  • Armand Feliciano

    Person

    Good afternoon, madam chair. Armand Feliciano on behalf of the California Hotel Lodging Association. CHLA understands the intent and the rationale for AB 2721. However, CHLA is opposed respectfully opposed to the bill for the following reasons. Number one, CHLA believes that this bill contradicts the right to privacy.

  • Armand Feliciano

    Person

    Even if the bill does not state that the hotel must disclose personal information of their guests, Complying with AB 2721 is likely to violate one's right to privacy under the California Constitution. Second, the hotel operator knows or should know language remains problematic. How would the hotels know if a guest is a federal employee without violating their privacy rights? Hotel staff would be forced to ask about occupation before a guest can reserve or check-in into a room.

  • Armand Feliciano

    Person

    And if AB 2721 passes, their employees subject to these are likely to conceal their information.

  • Armand Feliciano

    Person

    Third, CHLA sees a lot of liability on this bill. So if the if the hotel fails to comply, the AG, the DAs, and city attorneys can bring actions against the hotel. Second, if the hotel does comply and provides the notice and a mass demonstration takes place, Some of them are peaceful, some are not, and hotel guests gets injured, staff, properties are damaged, they're likely to be sued.

  • Armand Feliciano

    Person

    And then you still have the California constitution right to privacy, which is a lot broader than any protection there is today. Also, AB 2721 as proposed to be amended, it is a slippery slope.

  • Armand Feliciano

    Person

    Right? Once you head down the road of publicly disclosing hotel guests, this bill sets a precedent that other groups can be singled out as well. Nobody wants that. To close AB 2721 as amended is unlikely to resolve the issues it is attempting to address and could lead to many unintended consequences. So for these reasons, we respectfully urge your noble.

  • Armand Feliciano

    Person

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Anyone else here in opposition to this bill name, organization, and position? You're just gonna be here all day and all night.

  • Unidentified Speaker

    Person

    Right here.

  • Unidentified Speaker

    Person

    Laura, but on behalf of California Chamber of Commerce in opposition.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no additional witnesses in opposition, we'll bring it back up to the dais. So member Erwin?

  • Jacqui Irwin

    Legislator

    Alright. I guess we're starting at this end again. I Aye, completely agree with the the goal of of this bill, which is to warn employees that that might have concerns, about ICE and so I understand that. I I just don't understand how it will work. How does it if reservations are made a week ahead of time, are you asking people if if it's if they are with ICE?

  • Jacqui Irwin

    Legislator

    If if guests are coming in, are you asking if they're with ICE? I'm I'm I'm just concerned about some of the privacy issues. And, also, will will ICE be disclosing? How

  • Unidentified Speaker

    Person

    We're not a practice. I don't think that the requirement is to ask who the guest is or who they are with. I think it's just based on what we've seen on the streets. When anybody can make a reservation whether online or by a phone call. Right?

  • Unidentified Speaker

    Person

    But when you see them, the agents, the way that we see them on the streets and what we see it on television and everywhere, I think that that's when the hotels would be required to post a notice, just a single piece of paper, notifying guests and their employees that there is a process of these federal agents specific to ICE and customs, so that they know that they have this guest staying there, so that they know how to react.

  • Jacqui Irwin

    Legislator

    So if so if so it's not, oh, somebody in plainclothes is coming in. Are you with ICE? It's more that you see the presence of ICE as they're checking in or if they're on the streets

  • Unidentified Speaker

    Person

    and they can wear masks. I'm sorry. If you see them wearing a mask, that's what they're doing. Right?

  • Jacqui Irwin

    Legislator

    But so it's so it's more that you that that you see the presence as opposed to trying to discern when somebody is trying to make a reservation whether they are with ICE or not.

  • Unidentified Speaker

    Person

    No. It's just when you see their presence.

  • Rebecca Bauer-Kahan

    Legislator

    And if I may just clarify something the opposition said. So from a legal perspective, the known or should have known standard, which is one that is a well established legal concept, has never required the affirmative obligation to seek information. I've never seen that. I don't believe the court would ever interpret it that way to the point of the assembly member. It's merely if you have knowledge or if it's so obvious that you can impute knowledge.

  • Jacqui Irwin

    Legislator

    Alright. I I I think I had misunderstanding about whether you had to to check all the the guests whether or not they were with these agencies.

  • Unidentified Speaker

    Person

    No. That that is not the intent.

  • Jacqui Irwin

    Legislator

    Okay.

  • Rebecca Bauer-Kahan

    Legislator

    Mister Hoover?

  • Josh Hoover

    Legislator

    Just to follow-up on that. So, you know, I guess where I'm struggling is I mean, the amendments obviously say should have known. So when should, the hotel have known? Right? And who's making these decisions?

  • Josh Hoover

    Legislator

    So for example, in a lot of cases, you young employee, right, at the front desk who is are they gonna be put in a position where they're trying to make a determination that this person is federal law enforcement? Is this simply going to change the practice of federal law enforcement to make their reservations sort of, you know, in in a more secretive way so as not to be detected?

  • Josh Hoover

    Legislator

    I guess I'm trying to see what the the full scale results of this policy is actually gonna be.

  • Unidentified Speaker

    Person

    Well, I would prefer that they change the way they operate, because if again, with what we've seen, it's just they don't even care if it's a citizen that they're going after. But going specifically to the bill, to your question, if it's a young person at the desk, they would we would imagine that management would have to provide them with guidance on what they're supposed to do when these events happen.

  • Unidentified Speaker

    Person

    And, again, if they're trying to be sneaky, they're gonna be checking in in the middle of the night. You will be seeing them being prepared to do their operations, you know, whenever they're ready to do that. And it is clear what they look like and what they will be wearing as they deploy.

  • Unidentified Speaker

    Person

    So that's when they should be posting that notice.

  • Josh Hoover

    Legislator

    Okay. I think just to oh, go ahead. If you'd like to

  • Juan Munoz

    Person

    I was just gonna say one additional common thing is is when the hotel enters into contracts for a room block of of rooms. So that would be another

  • Josh Hoover

    Legislator

    That would be a way you could detect something. I think just for the opposition, you know, my question is, is there a concern that this is gonna increase liability in term you know, for for hotels and businesses? Second question would be, you know, hotels are very, I would say, careful about protecting the privacy of those that are staying in their establishments. Is this sort of breaking that precedent sort of a a legal requirement to break that precedent?

  • Armand Feliciano

    Person

    I I think overall, it just puts the hotel in the middle. Right? This is there it's a place for rest and real relaxation. And this notice, right, if mass demonstrations happen and it's not peaceful, people get hurt. It's a lot of liability that they're looking at.

  • Armand Feliciano

    Person

    They're likely gonna get sued. Right? I got hurt in your hotel because you posted this notice. And now they came, and then we got hurt, and nobody wants that.

  • Josh Hoover

    Legislator

    Yeah. I I do I do remain concerned about also the safety of the officers, right, and the law enforcement professionals as well. And then, you know, there's also work that is done by these federal agencies that are not that is not enforcement related, that is not immigration enforcement related. Right? So whether they're participating in some other type of enforcement on human trafficking or something like that, this is obviously going to be a huge problem to notify the public, you know, that they are there.

  • Josh Hoover

    Legislator

    So I think for those reasons, I won't be able to support the bill today, but, thank you for the conversation.

  • Unidentified Speaker

    Person

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, madam. Oh, okay. Mister Radterson. I was trying to call him out of

  • Unidentified Speaker

    Person

    the house here.

  • Joe Patterson

    Legislator

    Thanks. Well, mister Hoover took the last line, so what I was gonna say, so I'll take take quick. But, yeah, I mean, I have a whole range of concerns. You know, obviously, I have a lot of respect for you. And I and I know what you're trying to do, but, you know, ICE and and customs and border patrol do a lot more than just immigration enforcement, including, you know, human trafficking, smuggling of children, you know, things like that.

  • Joe Patterson

    Legislator

    And so so I'd hate to, you know, for for reasons that I think you're doing this, Phil, you know, tie up those things. I don't wanna tie any of it up, but even if just what you're trying to do gets accomplished, all those other things are gonna be impacted that I think are important mechanisms of those agencies. And feel free to respond if you want, but that was just sort of my

  • Unidentified Speaker

    Person

    take on that. Just say that what you bring up is legitimate work that these agencies do. But, again, that's not what we've seen. I'm all for following the law, doing their job the way that it's supposed to be done, not just, throwing out people into an unmask, by band, a marked band, because that's just what we are seeing. I do respect the work that they are supposed to be doing, but, again, there is just no way to tell, when this administration will follow the law.

  • Unidentified Speaker

    Person

    And that's my my intention with this to protect our communities. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Madam vice chair.

  • Tramel Watson

    Person

    Thank you, madam chair. And I just really wanna kinda separate things for just a second and talk specifically about the hotels. Hotels don't want to be political. They're in the hospitality business. So I understand the goal you're trying to achieve, but I think we have to to think about the hotel specifically.

  • Alexandra Macedo

    Legislator

    And let's talk about the patrons of those hotels that aren't ICE agents. You know, I'm let's just say I'm a mom on a road trip with my kids. I'm at a hotel. I get there. I made a reservation on my phone really quickly, you know.

  • Tramel Watson

    Person

    So, you know, I'm not gonna get my money back for that hotel because I see that there's agents there that I'm worried for the safety of my kids. And then it just in general, I think it's it's just going so far past the point of privacy that when we check-in to hotels as legislators, we want to have the kind of privacy that we can have a safe space for the night, that we can disagree with the work that they're doing.

  • Tramel Watson

    Person

    But I do think it's very important to note, especially with the upcoming big events that we have in the state of California, that these agents might be here in the capacity, like my colleague talked about, with sex trafficking, drug trafficking, and all kinds of things. And there is coordination with federal agents on that. So I think there's a lot of work that needs to be done to get to what you're trying to do, which is to prevent there being violent situations or unsafe situations.

  • Alexandra Macedo

    Legislator

    But I think this bill actually could create more unsafe sit situations. Because with that post, what about people that don't have the choice? They have to stay there for the night. If there's protests outside or things like that, I think it's just putting a spotlight on an issue that out in the public, people have absolute first amendment right to express their disdain for what they're doing. I don't believe hotels are the platform to do that and then to expose them to this type of risk.

  • Tramel Watson

    Person

    And then to your what I'm understanding is, essentially, if I'm an ICE agent and I check-in in plain clothes and you don't post that, but then I leave the hotel the next day, you know, in full gear, there's a gray area there.

  • Tramel Watson

    Person

    So I guess unless you spell out in the bill that they show up or they have the reservation ahead of time like you mentioned, but, you know, I travel all the time and I show up in sweatpants, doesn't mean that that's how I'm gonna you know, I'm there maybe in professional capacity. So I can I totally sympathize with what you're trying to do to protect a community of people that you're very passionate about? And I I I know that about you, so I think that's great.

  • Tramel Watson

    Person

    I just think we need to separate the two and focus on the issue that we're putting hotels in that they did not ask to be a part of this fight.

  • Alexandra Macedo

    Legislator

    That's a fight that we need to fight here in the legislature. They need to fight in the federal administration, but I don't think this the hotels are the platform to do it, to protect our communities, and to protect the people that just wanna have a safe night's rest at a hotel. So I won't be able to support today. And I do ask that you engage with the hotels to try to figure out something that you would be comfortable with as would they. So thank you.

  • Unidentified Speaker

    Person

    Thank you.

  • Josh Lowenthal

    Legislator

    Okay. I'm stepping in while the chair is to to to go to another committee for a moment. And, typically, the chair would speak last, but I was about to speak in my capacity as a member of this committee. So I'd like to speak very briefly, if that's okay. I just wanna say to the Latino caucus, to you, mister Carrillo, to the members of Unite Here that you should feel heard.

  • Josh Lowenthal

    Legislator

    This is a moment in history that is deserved. California and its citizens overwhelmingly has felt under siege. The good men and women that are working in these hotels, environments, and throughout the state that are powering the economy here in the state of California have felt under siege. Their families have felt under siege.

  • Josh Lowenthal

    Legislator

    We have, as a state, had to litigate against the Federal Government because of the actions that have been taken by ICE, And there is a complete and total lack of trust that exists between the state and the Federal Government on those things within communities, certainly in the community that I live in.

  • Josh Lowenthal

    Legislator

    And I come from the hospitality industry, by the way. I am a restaurateur as most of you know. And, you know, absolutely, I'm supportive of this, and I think that, all of us should be listening to our colleagues in the Latino caucus that have made this a priority because this is causing an immense amount of consternation for the community, and we should all be concerned about those things. I'm very proud to be supporting the bill, and I'd like to be added as a co author.

  • Unidentified Speaker

    Person

    Thank you, Assemblymember. Thank you for those kind words. And and, again, it's just that I feel my obligation given my personal history, where I come from, and what we are seeing across the state and across the nation, really, where this federal administration just does not even care if you're a US citizen. It's just based on the color that I have, my accent, and I feel like it is my obligation again to protect our immigrant communities. And for that reason, I respectfully ask for a nine vote.

  • Josh Lowenthal

    Legislator

    Thank you. I think there are still a few more comments.

  • Chris Ward

    Legislator

    I'm sorry. Assembly member Ward. I'm gonna say that horrible classic line. I wasn't intending to speak, but I was certainly moved by, you know, kind of this, you know, very disconnected debate that was happening over here in my my my immediate left, your right.

  • Chris Ward

    Legislator

    And I think what's lost is that what we know is happening today out in community is a lawlessness and a unaccountability, and a beyond imposition, but a real infringement on individual civil liberties that is pretty consistent in the reporting and and display that we're seeing not just here in California but across our country.

  • Chris Ward

    Legislator

    And if the issue is, well, I'm sympathetic, but, you know, I think that I wanna see is, like, somebody be able to come here and, you know, just have a decent night stay and feel secure. I can imagine when individuals who are lawful citizens are getting tackled in airports, are getting harassed outside of a hotel, outside of their school, and we're seeing this consistency of behavior that is leading any individual who doesn't look like me to fear that they are gonna be inappropriately targeted.

  • Chris Ward

    Legislator

    Your bill is one that is providing for safety for community. Because if you are aware that there are individuals who are acting lawlessly, are not accountable, also staying in that presence, who is I think, is of reasonable concern that you're staying the night there with your kids and you wanna go downstairs for the free breakfast and you're gonna get tackled. Right?

  • Chris Ward

    Legislator

    So you need to know that somebody is there in a place that you need a safe and secure night's rest, that there is the potential of a threat here for you to be able to make that choice. And because that could be lost on others, that's for them to reconcile, but it's not lost on me. And for that reason, I strongly support your bill here today.

  • Josh Lowenthal

    Legislator

    Any other comments? Excuse

  • Josh Lowenthal

    Legislator

    me. Assembly member Petri Norris.

  • Gail Pellerin

    Legislator

    Thank you, mister chair. And I apologize that I I missed part of the bill presentation was presenting a bill at another committee. But I believe the opposition or the opposition has raised concerns about the fact that providing this kind of notification Could actually have the unintended consequences, sabotaging human trafficking investigations and other covert operations. Have you thought about that? And how how do

  • Tramel Watson

    Person

    I think that this really

  • Unidentified Speaker

    Person

    goes way beyond just what we're seeing here in the state. I mean, we have a precedent that is telling nations that are qualified for the World Cup not to come and celebrate. I mean, that is coming from our Federal Government. We have the president targeting some nations that rightfully qualified to participate in this worldwide celebration, which is the World Cup. And he's telling don't come because we're going to arrest you.

  • Unidentified Speaker

    Person

    I think that that's what we're facing, which is much more concerning in my view. The consequences that are brought up by the opposition, I I I fully understand. I mean, there's losses happen all the time. But what we are seeing happening is just who is really going to protect us.

  • Unidentified Speaker

    Person

    Well, that's what I'm trying to do, protect our communities, our workforce for being able to do their job in a safe manner and for guests to be able to know that there is going if there is gonna be agents there, there will be some activities that are not gonna be safe.

  • Unidentified Speaker

    Person

    The hospitals, the the hotels, they understand the concern about the liability. But what about these things that are happening on the streets? Who's responsible for that? Our Federal Government is not doing anything. What I'm trying to do simply is protect the workers and our communities from being at a place where they can enjoy a stay.

  • Josh Lowenthal

    Legislator

    Assemblymember or take up.

  • Liz Ortega

    Legislator

    Hi. You know, to answer that question a little bit more in terms of the the human trafficking piece, none of nothing in this bill prevents the hotel industry from continuing to do their work. All this bill does is ask for notification so that employees who go to work and guests know what they're they're up against and know what to do. That's all it is is notification.

  • Liz Ortega

    Legislator

    It's the least that we can do, and I'm actually quite surprised that we don't have more businesses supporting this because the economic havoc that's happening in our communities is not just to the people, but to these businesses when, you know, our community is afraid to go to leave their homes, let alone go to work if ICE agents are being held in that hotel.

  • Liz Ortega

    Legislator

    So it's simply a notification. We're asking that these corporations, hotels just notify those who are staying and those who are working so that they can make a plan for themselves. It shouldn't be that difficult.

  • Unidentified Speaker

    Person

    Well, thanks again. If this is a cue for my closing message

  • Josh Lowenthal

    Legislator

    It isn't. I or any other comments from the dais? Wanna make sure that we're exhaustive. Okay. Now, assembly member, you may close, please.

  • Unidentified Speaker

    Person

    Well, thank you again. I I I did my closing just before all the comments, and I appreciate the the support. And, again, all along, what we're trying to do through electing our caucus is to protect our communities, protect our businesses, and, I just respect Ras RHNAi both. Thank you, mister

  • Josh Lowenthal

    Legislator

    Thank you, Assemblymember Carrillo. Is there a motion on on? A move. It's been moved by Assemblymember Wicks, seconded by Assemblymember Pellerin. Madam secretary, please call the roll.

  • Committee Secretary

    Person

    Item number 12, AB2721 by Assemblymember Carrillo. The motion is do passed as amended to appropriations. Barakahin, Macedo, Brian DeMaio. Hoover. No.

  • Committee Secretary

    Person

    Hoover. No. Erwin? Aye. Erwin, Aye.

  • Committee Secretary

    Person

    Lowenthal.

  • Josh Lowenthal

    Legislator

    Aye.

  • Committee Secretary

    Person

    Lowenthal, Aye. McKinner. Aye. Ortega. Aye.

  • Committee Secretary

    Person

    Patterson? No. Patterson, no. Pellerin?

  • Unidentified Speaker

    Person

    Aye.

  • Committee Secretary

    Person

    Pellerin, aye. Petrie Norris? Not voting. Petrie Norris not voting. Ward?

  • Jacqui Irwin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Ward Aye, Wicks? Aye. Wicks, aye. Wilson.

  • Josh Lowenthal

    Legislator

    Okay. That's six votes to two. We're gonna keep it open.

  • Unidentified Speaker

    Person

    Thank you, mister Short. Thank you, members. Thank you.

  • Jacqui Irwin

    Legislator

    I wanna wait for

  • Josh Lowenthal

    Legislator

    Mister Ward?

  • Unidentified Speaker

    Person

    her since she's

  • Unidentified Speaker

    Person

    Move the bill. 2027.

  • Josh Lowenthal

    Legislator

    This is Assembly bill twenty twenty seven by Assembly member Ward.

  • Chris Ward

    Legislator

    Thank you for that quick motion and second. We'll be as brief as you like. Thank you, mister chair and members. I'm proud to present the, AB 2027 for, and I really appreciate staff's thoughtful engagement with the bill. This bill addresses a growing gap in our labor laws as artificial intelligence becomes more prevalent in the workplace.

  • Chris Ward

    Legislator

    Today, worker data is powering the AI economy, and employers are increasingly collecting detailed information about how workers perform their jobs through surveillance tools, software systems, and day to day workflows. That data is then being used to train AI systems, which could replicate, automate, or replace those same workers. In other words, workers are being asked, often unknowingly, to train their own replacements. And while California has been a national leader in protecting consumer data, we have not yet extended similar protections to workers in the workplace.

  • Chris Ward

    Legislator

    This bill, AB 2027, establishes clear and reasonable guardrails.

  • Chris Ward

    Legislator

    First, it limits the collection and use of worker data to what is strictly necessary to administer the employment relationship. Second, it prohibits employers from using worker data to train or deploy AI systems intended to replace workers. And third, it prevents the sale or sharing of worker data to third parties for the purposes of job automation.

  • Chris Ward

    Legislator

    The bill also ensures that vendors are held to the same standard, and companies providing workplace technologies cannot use worker data to train their own AI products or share that data with others to automate jobs. These protections are necessary because the impacts are already being felt across industries.

  • Chris Ward

    Legislator

    Workers in call centers, logistics, and tech are increasingly being asked to document their work in ways that are later used to automate their roles. And as history has shown, the impacts of technological displacement fall hardest on low income and marginalized workers. This bill is about fairness, dignity, and economic security. It does not ban artificial intelligence in the workplace. It simply ensures that innovation does not come at the expense of workers being used as a free resource to train the systems which replace them.

  • Chris Ward

    Legislator

    We also recognize concerns by stakeholders in the committee regarding implementation definition and scope, and we're pleased to adopt, author amendments to be able to address those issues. So we recommend, remain committed to being able to work with these stakeholders who have legitimate concerns to ensure that the proposal is both effective and workable. We've always here in California led the way on setting responsible standards for emergency technologies. AB 2027 continues that leadership by ensuring that AI- that as AI advances, our workers are protected.

  • Chris Ward

    Legislator

    With me today in support are Ivan Fernandez with the California Labor Federation and Shane Guzman on behalf of the California Teamsters Public Affairs Council.

  • Josh Lowenthal

    Legislator

    Please go ahead. You have two minutes.

  • Ivan Fernandez

    Person

    Hello, mister chair and members of the committee. Ivan Fernandez with the California Federation of Labor Unions, a proud cosponsor of AB 2027, an integral part of the labor fed's package to create human centered guardrails around the use of AI. Every day, there's an article published about the looming threat of AI induced job loss. These articles often include anecdotes from big tech executives acknowledging this very fact. The CEO of Entropic has previously predicted that unemployment can spike up to 20% in the next five years.

  • Ivan Fernandez

    Person

    And just recently, the head of Microsoft's AI division said in an interview that white collar work, for the most part, could be automated in the next two years. Whether these anecdotes are mentioned for the sake of creating a sense of inevitability, the goal of widespread automation is clear. But what's conveniently left out of these talking points is the fact that these tools still rely on workers and relies on their information.

  • Ivan Fernandez

    Person

    As the assembly member mentioned, data is gold in the AI economy because of how necessary it is to train and develop these AI systems. And as we all know, these systems are only as useful as the data that they're trained on.

  • Ivan Fernandez

    Person

    So if the goal is to quickly automate for a corporate profit, data from the very workers they are trying to replace is extremely valuable. And we believe that workers should not be forced to train their AI replacements. For example, call center workers have dealt with forced AI integration for years. By listening in on countless worker conversations, AI agents are now able to draft scripts and even answer calls. I'm sure many of the members of this committee have already interacted with an AI agent over the phone.

  • Ivan Fernandez

    Person

    Beyond call centers, reports have recently surfaced where academic editors were forced to train and edit the work of assistant editors only to find out they were actually training an AI system capable of fulfilling the role of the academic editor themselves, leading to a reduction in pay. As these systems continue to learn from workers, everyday Californians grow increasingly vulnerable to deskilling and replacement. With nearly every job in the knowledge industry being impacted by AI, workers have no escape or protection.

  • Ivan Fernandez

    Person

    And with emerging robotics, thousands of jobs could be at risk. AB 2027 establishes, nation leading protections, and for these reasons, I respectfully urge your aye vote.

  • Josh Lowenthal

    Legislator

    Thank you. Mister Gusman.

  • Ivan Fernandez

    Person

    Thank you.

  • Shane Gusman

    Person

    Mister chairman, members of the committee, Shane Gusman, on behalf of Teamsters California, proud cosponsor of this bill. Also on behalf of the Amalgamated Transient Union, the Machinist Union, the Utility Workers Union of America, the Engineers and Scientists of California, and Unite Here, all in strong support of this measure. Workers need the the provisions in this bill. In our view, a worker doesn't leave their right to privacy at the door when they come to work. We believe that the provisions of this bill reasonably protect those rights.

  • Shane Gusman

    Person

    Also, it's incredibly exploitive to use worker data to train their AI replace- replacements. At the very least, when they're training real life replacements, they get paid to do it. And so- so this is explainable on so many levels, and it also sort of compounds the negative impacts that we already find in the workplace as AI is continuing to grow as a workplace tool. We have impacts on safety, productivity, and employee morale.

  • Shane Gusman

    Person

    So we really need guardrails like this, and- and we strongly urge your aye vote on this bill.

  • Josh Lowenthal

    Legislator

    Okay. Thank you, mister Gusman. Are there any other folks here to speak in favor of this bill, name, organization, and position?

  • Mariko Yoshihara

    Person

    Mariko Yoshihara on behalf of Tech Equity Action in support.

  • Jason Hanel

    Person

    Jason Hanel on behalf of ASSA California in support.

  • Navnit Puryear

    Person

    Navnit Puryear on behalf of the California School Employees Association in support.

  • Sharita Moore

    Person

    Sherita Moore with Hernando Strategy Group on behalf of Communication Workers of America District Nine in support.

  • Tracy Rosenberg

    Person

    Tracy Rosenberg on behalf of Oakland Privacy in support.

  • Josh Lowenthal

    Legislator

    It's now time for opposition witnesses. Please come forward. If you may need to slide the microphones down or one of those microphones down, Mister Guzman. Thank you for being here. You each have two minutes.

  • Andrea Lynch

    Person

    Thank you. Good afternoon. I am Andrea Lynch on behalf of the California Chamber of Commerce in respectful opposition to AB 2027. We appreciate the author's willingness to work with us on amendments. We also appreciate how the analysis acknowledges that the line between AI that replaces worker and AI that assists worker is not always clear.

  • Andrea Lynch

    Person

    We think that's exactly the right framing, and bill's prohibition is too broad to make this distinction. First, the bill defines personal information by incorporating the CCPA's definition, a framework designed for consumers, not the employment relationship. This definition is extraordinarily broad, capturing everything from productivity metrics to shift schedules. In practice, virtually all data generated through the course of employment qualifies. Our members have shared concrete examples of what this would mean.

  • Andrea Lynch

    Person

    Employers could not use injury and ergonomic data to build safety tools, could not use workflow data to improve scheduling or benefits delivery, and could not develop internal AI tools that help employees work more effectively and safely. Second, this bill's prohibition on using worker data to train AI to replicate or automate a worker's job provides no framework for distinguishing between AI designated to eliminate positions and AI that simply improves how work gets done.

  • Andrea Lynch

    Person

    The analysis acknowledges this tension, noting that automation and replication can genuinely benefit workers by allowing them to focus on more meaningful aspects of their job. A scheduling tool that learns from workforce data or a safety replicating a job function as written. Third, the bill does not clearly exempt AI models already trained on worker data.

  • Andrea Lynch

    Person

    This creates a retroactivity problem that may be impossible to audit or remediate. Many vendors do not disclose the full composition of their training datasets, making compliance verification impractical. Without a clear safe harbor for tools already in use, employers face substantial and unpredictable litigation exposure if passed. For these and other reasons, we respectfully oppose AB 2027. Thank you.

  • Josh Lowenthal

    Legislator

    Thank you.

  • Eric Lawyer

    Person

    Good afternoon, chair and members. I'm Eric Lawyer speaking on behalf of the California State Association of Counties in respectful opposition. First, we understand the concerns that motivated the author and sponsor. However, we remain concerned this bill could limit or outright prohibit the use of tools already used by public agencies to improve delivery of services, mitigate disaster risk, strengthen the social safety net, and empower the public workforce to grow, develop, and replace rote tasks with more meaningful work.

  • Eric Lawyer

    Person

    While we appreciate the efforts by the author and sponsor to narrow the bill, we do not believe the amendments address our core concerns.

  • Eric Lawyer

    Person

    As amended, the bill could continue with severe restrictions for the use of for the use and training of AI systems and raise even more complicated interpretation questions, including how should public agencies navigate a law that was drafted that was drafted for private sector commercial interactions? How should any employer interpret a privacy law through the lens of the workplace, effectively defining employees as consumers? How do the definitions of personal information specifically apply to this bill? For example, the definition of PI includes characteristics that protect the classifications.

  • Eric Lawyer

    Person

    How could a public agency train an AI system to root out implicit bias if it can't use characteristics of protected classifications?

  • Eric Lawyer

    Person

    Public agencies have adopted AI to supplement the public workforce, not replace it. Some use AI systems to generate automatic outreach to employees for overtime if there's a shift vacancy. This tool, would be prohibited by the bill as it's trained with worker PI and replicates existing work. Public agencies also use AI to to accelerate permitting, streamline public benefit enrollment, and improve accuracy of water use detection, to name just a few. We believe in the in the responsible, transparent, and ethical use of artificial intelligence.

  • Eric Lawyer

    Person

    We believe in protecting workers from mass displacement. We believe it's critical to protect the privacy of the public we serve and public employees. We have zero interest in replacing public sector employees with machines. We do believe in using new technology to better serve residents of California and improve conditions for the public workforce. AB 2027 would go too far in limiting these technologies, and for that reason, I respectfully ask for no vote.

  • Eric Lawyer

    Person

    Thank you.

  • Josh Lowenthal

    Legislator

    Thank you so much. Are there members of the public that are here to testify in opposition or voice their opposition to the bill? Name, organization, and position, please.

  • Yarelie Magallon

    Person

    Good afternoon. Yarelie Magallon with Political Solutions on behalf of the Business Software Alliance in opposition.

  • Annalee Akin

    Person

    Annalee Augustine with the Civil Justice Association of California. Respectfully opposed. Thank you.

  • Jean Hurst

    Person

    Jean Hurst here today on behalf of the Urban Counties of California, the Rural County representatives of California, and the California Special Districts Association, all in opposition.

  • Jacob Brint

    Person

    Good afternoon. Jacob Brint with the California Retailers Association in respectful opposition.

  • Dorothy Johnson

    Person

    Good afternoon. Dorothy Johnson with the Association of California School Administrators. Respectfully opposed.

  • Jose Torres

    Person

    Good afternoon, chair members. Jose Torres with TechNet in respectful opposition.

  • Melissa Koshlaychuk

    Person

    Good afternoon. Melissa Koshlaychuk with Western Growers. We align our comments with those provided by the lead testimony in opposition, in opposition. Thank you.

  • Margaret Gladstein

    Person

    Hi. Margaret Gladstein here on behalf of the California Hospital Association. Respectful opposition.

  • Josh Lowenthal

    Legislator

    Thank you. Thank you. Thank you. Okay. Let's bring back to the dais.

  • Josh Lowenthal

    Legislator

    Comments, concerns, Assemblymember Irwin.

  • Jacqui Irwin

    Legislator

    You know, I of course, understand the goal. Nobody wants to be using their data to train their replacement. But I but one of the things that was brought up by the opposition, and you and I have spoken about before, but I would like you to, address is-

  • Jacqui Irwin

    Legislator

    How do you differentiate between a basically, data that is being used to train your replacement and data that's being used for a tool that is going to make you more effective at your job. And I'm like, specifically thinking about maybe a surgeon and diagnostic tools that or, you know, or using I think it's the DaVinci, using that data to refine how you do surgery. So how do you see how do you see that line?

  • Chris Ward

    Legislator

    So the short answer is no. And I think, you know, a more broad generalization of, I think, what we do wanna be able to see going forward, and I think we all should agree, is that AI can be a useful tool to be able to supplement the engagement of especially high level professionals like that, but really any professional, any worker that is out there as well.

  • Chris Ward

    Legislator

    If you have, say, a job that requires, you know, writing a lot of reports. That could help facilitate, you know, a lot of your job activity, a lot of those hours spent writing those reports so that you can maybe go on there and do other areas of your job duties as well. That might be a little more interesting to you or be able to make some diversity in in your work experience but not necessarily replace your job to a degree.

  • Chris Ward

    Legislator

    And I don't think anybody would wanna be able to see, especially as we know today, an AI system fully replace that surgeon from performing your work.

  • Chris Ward

    Legislator

    We would need to have that. I think that we see improvements there when you have, you know, both the professional as well as, you know, that AI or other computer assistance there sort of working in tandem. I think I think, you know, working in tandem, you can have reductions in errors. So, I think that is the goal there.

  • Chris Ward

    Legislator

    I think to your question, how do we make sure that you know and what defines a use of that information and how do you necessarily tie that to whether or not that was the connection or the consequence, I guess, the impetus for somebody's job loss.

  • Chris Ward

    Legislator

    I think that's gonna be something that's gonna be have to be vetted on a case by case basis to see whether or not the intention for the introduction of AI in a workplace then resulted in that individual's loss of employment.

  • Jacqui Irwin

    Legislator

    So, it's tricky. I think that's the way you're explaining. Like, how would you how would you enforce this? At what point do you really at what point do you enforce okay. At this now we are using your data to train to automate your position.

  • Chris Ward

    Legislator

    Still and let me underscore as well too. And the reason why we decided to shift towards the definition of personal information within the CCPA is because it already excludes aggregate data information that is out there, information that is publicly available. Right? And so, workers already, I think, to the opposition's point I'm sorry. Employers already know.

  • Chris Ward

    Legislator

    CCPA, as you know well, has been law for several years, know how the interpretation of what that personal information is and whether or not that had occurred. And then does that link actually is that is that, justify is it, are you able to justify that linkage, between a subsequent employment, action on your employment?

  • Jacqui Irwin

    Legislator

    Alright. Thank you.

  • Josh Lowenthal

    Legislator

    Questions, comments, concerns from the dais? Okay. Seeing none. Assemblymember, would you wish to close?

  • Chris Ward

    Legislator

    Thank you. I wanna, again, thank our committee staff and members as well for a lot of dialogue that we have over the weekend. You know, we know this isn't just hypothetical. This is something that is increasingly happening on a regular basis. And in fact, just today, I would highlight that Reuters, had an article that was, documenting how, a major company within our state, who I will not call out by name, but they are now tracking employee keystrokes and screen activity to train AI models.

  • Chris Ward

    Legislator

    And it's underscoring that employers are already moving to be able to turn an everyday worker behavior into data that they can be able to use for automation. This is a major company that's within the technology sector. Horribly and ironically, the development and the support and the innovation that we have right now are some of those employers the employees that are most at risk, and we actually see that with the job losses happening across the state.

  • Chris Ward

    Legislator

    So as a model for where we hope California can be able to set the conversation going across the country, we wanna make sure that this basic worker protection, is in place that is gonna make sure that people aren't unnecessarily training the replacements, that they're not, seeing a massive shift in the labor market right now, and that we are focused on making sure that AI can collaboratively and positively be introduced into the workplace that's gonna respect both the workers' rights and also the innovation and the efficiencies and productivity that comes from AI integration.

  • Chris Ward

    Legislator

    With that, I respectfully request your aye vote.

  • Josh Lowenthal

    Legislator

    Okay. There has- thank you so much, Assemblymember Ward. There's a motion by Assemblymember Wicks, seconded by Assemblymember Pellerin. Madam secretary, please call the roll.

  • Committee Secretary

    Person

    Item number 15, AB 2027 by Assembly member Ward. The motion is do passed to appropriations by Bauer-Kahan? Macedo? Bryan? Demaio?

  • Carl DeMaio

    Legislator

    No.

  • Committee Secretary

    Person

    Demaio, no. Hoover?

  • Josh Hoover

    Legislator

    No.

  • Committee Secretary

    Person

    Hoover, no. Irwin?

  • Jacqui Irwin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Irwin, aye. Lowenthal?

  • Chris Ward

    Legislator

    Aye.

  • Committee Secretary

    Person

    Lowenthal, aye. McKinnor?

  • Tina McKinnor

    Legislator

    Aye.

  • Committee Secretary

    Person

    McKinnor, aye. Ortega?

  • Liz Ortega

    Legislator

    Aye.

  • Committee Secretary

    Person

    Ortega, aye. Patterson?

  • Joe Patterson

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Patterson, not voting. Pellerin?

  • Gail Pellerin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Pellerin, aye. Petrie Norris?

  • Cottie Petrie-Norris

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Petrie Norris, not voting. Ward?

  • Chris Ward

    Legislator

    Aye.

  • Committee Secretary

    Person

    Ward, aye. Wicks?

  • Committee Secretary

    Person

    Wicks, aye. Wilson?

  • Buffy Wicks

    Legislator

    Aye.

  • Josh Lowenthal

    Legislator

    Okay. That is at 72. We'll keep the roll open for absent members. We're gonna go to AB 1837 by Assemblymember Mark Gonzales. Welcome, mister Gonzales.

  • Josh Lowenthal

    Legislator

    Welcome. Welcome. You may proceed, sir.

  • Mark Gonzalez

    Legislator

    Thank you, mister chair and members. First, I would like to thank you and the chair and the committee and the staff for their collaboration on this bill as it's been ongoing. I will also be accepting the committee's amendments today to add a seven year sunset back into the bill with a two year prohibition on the last two years for any new program to start. Add additional privacy protections into the bill and additional, parameters on how the reports on privacy impacts must be evaluated.

  • Mark Gonzalez

    Legislator

    With these amendments, AB 1837 will extend the sunset on the authority for public transit agencies to use forward facing cameras to enforce parking violations of public transit only lanes.

  • Mark Gonzalez

    Legislator

    The authority first came into place in 2021 for San Francisco and has been expanded into the rest of the state. We know this technology works and has helped address key issues of public transit efficiency and public safety by disincentivizing parking and stopping in transit lanes. In San Francisco, these cameras have cut transit delays by 20%. Agencies like LA Metro in my district have just started using these cameras and have been experiencing the same benefits.

  • Mark Gonzalez

    Legislator

    AB 1837 also ensures that the extensive privacy protections laid out in the authority can't continue.

  • Mark Gonzalez

    Legislator

    Video evidence of violations must be destroyed sixty days after a citation has been paid. Any video images don't contain evidence must be destroyed after fifteen days. Any video image can only be used by enforcing for enforcing these parking violations. If we let this authority expire, our transit lanes will be clogged back up, reducing transit efficiency and public safety. It is essential that our buses continue to move efficiently and safely throughout our cities, and Navy eighteen thirty seven ensures that we can keep doing just that.

  • Mark Gonzalez

    Legislator

    This afternoon, primary witnesses in support of this bill is Matt Robinson, legislative advocate with California Transit Association, and Mark Vukovich, director of state policy with Streets for All. Take it away.

  • Marc Vukcevich

    Person

    Good after good afternoon, chair and committee. Mark Vukcevich on behalf of Streets for All. Yeah. This bill is simple, especially after the amendments. This bill just extends the pilot program that's already been working since, 2010, and that was then expanded in 2021 to keep bus lanes and bus stops clear so that transit can actually function as intended.

  • Marc Vukcevich

    Person

    Really, the only difference between a bus and just normal congestion is the lane that it's in and a lot of cities that have decided that can have a dedicated lane, and we can ensure that bus line is clear so that people can move efficiently in the dense urban places that utilize bus lanes and and buses to to operate. So this AV eighteen thirty seven addresses this with a proven targeted solution.

  • Marc Vukcevich

    Person

    This camera based enforcement program is consistent, scalable, and doesn't require pulling limited law enforcement resources away from higher priority needs, ensures that bus lines are used for intended purposes, which is just moving people efficiently. I also wanna mention as well that this is really critical for,

  • Marc Vukcevich

    Person

    bus operators. The actual drivers is the other word for that. Those people who are often very stressed out by people who intruding into their lanes or intruding in front of the buses where they feel like they have a a moral obligation to keep themselves and the people inside the bus safe. So we think this is a really high ROI policy that maintains public transit as a an an important tool, that benefits millions of Californians each year, especially those that rely on transit the most. So respectfully urge your aye vote.

  • Josh Lowenthal

    Legislator

    Thank you. Thank you,

  • Matthew Robinson

    Person

    mister chair. Matt Robinson with the California Transit Association. Again, proud to co sponsor this bill with LA Metro, AC Transit, and Streets for All. Really appreciate the committee staff's work with us. Took the time to really learn about the program, offered some amendments that I think make the privacy protections in the in the law even stronger than they already are.

  • Matthew Robinson

    Person

    As Mark noted, we have used these cameras successfully for more than twenty years now to help improve the services for both our our bus operators, driving the buses, but also those riders that have, difficult times often navigating from where the bus may have to stop if the vehicle's parked there, over to the curb or to the transit stop.

  • Matthew Robinson

    Person

    I would note that in state law, we are required to report, to the legislature, on any privacy issues that have come up for any of the programs underway or that have been in place, going back to 2005. While the committee analysis notes that our reporting has been a little bit light and hopefully the future reports will be more detailed in this regard, we have had no issues, that have been raised, through any of those reports by any of the agencies.

  • Matthew Robinson

    Person

    And as noted in the analysis, our our data retention, our protection policies are extremely strong, and we look forward to making them stronger if this bill moves out of your committee. With that, respectfully ask your aye vote.

  • Matthew Robinson

    Person

    Happy to answer any questions.

  • Josh Lowenthal

    Legislator

    Thank you so much, mister Robinson. Okay. Are there any members of the public that are here to voice support for this bill name organization position?

  • Steve Volick

    Person

    Good afternoon. Steve Volick on behalf of the Alameda Contra Costa Transit District, the Napa Valley Transportation Authority, and the California Association for Coordinated Transportation and Cal Act and Support. Thank you.

  • Unidentified Speaker

    Person

    Mister chair, Brendan Raupicky on behalf of the San Mateo County Transit District, the city of Santa Monica, Monterey Salinas Transit District, and San Francisco MTA in support. Thank you.

  • Josh Lowenthal

    Legislator

    Okay. Now it's time for opposition witnesses. Are there anyone here to testify in opposition to this bill? No. Seeing none, is are there any members of the public here to voice opposition to this bill?

  • Josh Lowenthal

    Legislator

    Seeing none, we'll bring it back to the dais. Assemblymember McKinnor.

  • Tina McKinnor

    Legislator

    Yes. To the author, I thank you so much, assemblymember, for bringing this bill. One of the things that's very important to me this year is to slow people down and stop with we have a lot of car accidents, death by car accidents, and we wanna make sure that we're slowing that down. And so I thank you, and I would like to be a coauthor of your bill. Yeah.

  • Mark Gonzalez

    Legislator

    Thank you.

  • Josh Lowenthal

    Legislator

    Mister Hoover.

  • Josh Hoover

    Legislator

    I just wanna thank you for bringing this bill forward. Happy to be a coauthor. I think it's really gonna assist our transit agencies and enforcement and also, you know, keep people safe. So thanks thanks so much.

  • Josh Lowenthal

    Legislator

    Mister Patterson,

  • Joe Patterson

    Legislator

    I'm gonna support the bill today. I do you know, typically, when these bills come through committee on enforcement by camera, I don't you know, the high the speeding ones and things like that and lights, I don't really I don't love those. You know, these are parking, issues, but I really wanna you know, if you guys can work a little bit on the data retention.

  • Joe Patterson

    Legislator

    I know that you took some steps already, but, you know, if there's really no need for the retention, beyond the enforcement of that infraction, it'd be great if the data was basically eliminated. But, but I'm happy to support it today.

  • Joe Patterson

    Legislator

    Thank you. Thank you, mister Patterson.

  • Josh Lowenthal

    Legislator

    Okay. I think that does it for up here. Oh, excuse me, mister DeMaio.

  • Carl DeMaio

    Legislator

    It it's it's it's slightly off topic, but the the transit and bike lobby have hijacked our transportation system. And I know that there's some good intentions, but the execution has been a disaster. In in San Diego, they implemented something called BRT, Bus Rapid Transit, and they've been issuing a bunch of citations and fines. It has not improved the flow of traffic, and we have a bunch of empty buses with very little impact on the on very little beneficial impact on the transportation system.

  • Carl DeMaio

    Legislator

    So I'm not in favor of enforcement in a broken system.

  • Carl DeMaio

    Legislator

    I think we need to tell our transit and bike, advocates to get back with the transportation, decision makers and come up with more thoughtful policy. Your bill obviously wants to use technology, to implement, and that there's nothing wrong with that. But I I can't support enforcement for a policy that I think there's a lot of people on the ground that are very upset with right now, particularly in my community in San Diego, who have lost parking for small businesses in areas that are already, struggling with parking. So I'll be, laying off the bill today.

  • Josh Lowenthal

    Legislator

    Thank you, mister Maio. Mister Ward.

  • Chris Ward

    Legislator

    So what I know from the bus rapid transit lane, which runs through my district, is that it is, increased in ridership significantly since the pandemic. The buses are full, especially during our rush hour when we want to have reduced congestion on on our roadways.

  • Chris Ward

    Legislator

    It has reduced, the time that it takes to get from San Diego State all the way to downtown by seven minutes, because we've had that dedicated bus rapid transit line that has increased access to other opportunities in the North Inland area as well as in the South County.

  • Chris Ward

    Legislator

    And, for respect to our bicycle lanes, while individuals continue to be slow to adopt because we don't have a full fully integrated and connected bicycle route on the routes that we do have, we've seen a near tripling since bicycle lanes have been installed, which has also enhanced a number of safety, features, which is important because people aren't getting killed. And that is also something that, you know, can't, is is hard to be able to measure, when you're thinking about some of this other traffic information.

  • Chris Ward

    Legislator

    So I wanted to make sure the record was clear, and I'm happy to support your bill.

  • Josh Lowenthal

    Legislator

    Okay. I think that does it for up here. All debate having ceased. Would you like to close, mister Gonzales?

  • Mark Gonzalez

    Legislator

    Thank you, mister chair. Thank you to the colleagues, and thank you to your folks for for jumping on today. Just to clarify, this is already existing, infrastructure that we have here. It's not taking away any parking spots. It's existing infrastructure as it relates to existing bus lanes. And, this bill obviously sunsets, and we wanna make sure that we have the ability to continue this, kind of enforcement that's moving our city forward.

  • Mark Gonzalez

    Legislator

    It's a simple bill. When buses move, our communities move. ABT 37 keeps it that way. Let's not hit the brakes on progress. Thank you and respectfully ask for your eye vote.

  • Josh Lowenthal

    Legislator

    Excuse the pun. Love to entertain a motion on this bill. Anyone? Moved by mister Ward, seconded by Assemblymember Pellerin. Madam secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Josh Lowenthal

    Legislator

    That's at nine one. We'll keep the roll open for absent members. Next in file order is mister Gibson. AB1990. You may begin when ready, sir.

  • Mike Gipson

    Legislator

    Thank you very much, Mr. Chairman and Members. Thank you very much for allowing me to present Assembly Bill 1990. I wanna start off by thanking the committee and the Chair for working with me, and I will be accepting the committee amendments.

  • Mike Gipson

    Legislator

    Assembly Bill 1990 protects patients by ensuring compound weight loss shots are safe, highly qualified, and honestly marketed. They've become very popular because they are effective even beyond the original use. Epic by overwhelming number of ads and media and social media, people are buying compounded versions of these drugs at unprecedented rates.

  • Mike Gipson

    Legislator

    These compounded versions are FDA approved and do not have the same requirements to ensure that the ingredients are final and the final versions are tested and safe and impure and purities. However, consumers see these compounded versions as interchangeably.

  • Mike Gipson

    Legislator

    In fact, 71% of women surveyed in 2025 by the National Consumer League believes compounded weight loss shots are tested, proved to be safe if they are marketed, and over half of the United States womens believe compounded weight loss drugs are, in fact, FDA approved even if they're not.

  • Mike Gipson

    Legislator

    Over the last several years, bad actors, underscore bad actors, have exploited patients' desires to lose weight and have flooded the marketplace with compounded weight loss shots that are even unsafe. AB 1990 requires that any advertising for compounded drugs is truthful and clearly stated that our that these products is a compounded drug that is not FDA approved.

  • Mike Gipson

    Legislator

    This bill also protects patients by increasing regulatory standards for compounded pharmacy who produce weight loss drugs at a commercial scale. Patients desires to know that the drugs they're buying is safe and well regulated and to be misled by deceptive advertising advertisement.

  • Mike Gipson

    Legislator

    And I just for the committee's edification, this advertisement is being advertised to our girls. And the reason why I brought this is because on social media, Members, this is what our children has been marketed to, especially to young girls.

  • Rebecca Bauer-Kahan

    Legislator

    Things are going south here, so we better keep moving. Assembly Member Soria, when you're ready.

  • Esmeralda Soria

    Legislator

    Good afternoon, Chair and Members. AB 2276 will establish a targeted five year pilot program in seven counties for the installation of active Intelligent Speed Assistance or ISA devices in the vehicles of those convicted of severe speeding and reckless driving offenses.

  • Esmeralda Soria

    Legislator

    California continues to experience a traffic safety crisis, and an average of twelve people killed on our roads every single day, and one third of those fatalities are speed related. Speeding doesn't just increase the likelihood of a crash, it dramatically increases the severity of injuries and the likelihood of death when collisions occur. These are not just statistics.

  • Esmeralda Soria

    Legislator

    Behind every one of these preventable deaths are devastated families and communities. While existing traffic fines influence the behavior of many drivers, they have proven insufficient to deter super speeders. License suspension is likewise flouted by approximately 75% of drivers with suspended licenses.

  • Esmeralda Soria

    Legislator

    To address this problem, the American Association of Motor Vehicle Administrators released model legislation earlier this year supporting the use of active ISA for drivers convicted of serious speeding offenses. An approach also supported by the National Transportation Safety Board.

  • Esmeralda Soria

    Legislator

    Active ISA is an aftermarket device which can be installed on vehicles to directly prevent the driver from accelerating beyond the local speed limits. States across the country are advancing policies requiring the installation of active ISA devices for those convicted of serious driving offenses. It's time California adopts the use of this life saving technology.

  • Esmeralda Soria

    Legislator

    AB 2276 creates a framework for courts to order the installation of active ISA devices for offenders convicted of speeding over 100 miles per hour, reckless driving, or engaging in an exhibition of speed. This is a targeted evidence based intervention focused on drivers convicted of serious speeding offenses, not a broad mandate for ordinary Californians.

  • Esmeralda Soria

    Legislator

    Judges would have the discretion to order ISA device installations for up to six months for a first offense with longer mandated installation terms for repeat offenders based on the number and severity of prior convictions. Costs for the ISA device are structured on an income based cost schedule to ensure fairness and accessibility.

  • Esmeralda Soria

    Legislator

    The bill contains strong privacy protections, including a requirement for device providers to keep all information confidential and securely maintained. Data would only be allowed to be shared under very limited circumstances, including with the DMV or the order or the ordering court in response to a violation of the program or a court order.

  • Esmeralda Soria

    Legislator

    AB 2276 will save lives and hold those who recklessly speed accountable in a way that directly addresses their dangerous driving habits while upholding California's robust privacy protections. Here with me today to testify in support is Larisa Cespedes on behalf of SteerSafe Partnership.

  • Larisa Cespedes

    Person

    Thank you, Chair and Members. Larisa Cespedes here on behalf of the SteerSafe Partnership, which is a coalition of road safety advocates, including manufacturer device of these devices. And I've heard the committee loud and clear, and I'll stick to the privacy related issues of this bill.

  • Larisa Cespedes

    Person

    And I wanna thank the committee staff for their analysis of the privacy protections in this bill. An active ISA device is essentially an aftermarket device that is installed in the vehicle. It only collects information related to how fast the vehicle is going, where you are on the road.

  • Larisa Cespedes

    Person

    It uses GPS technology, does not collect any personal information, has no name, just a serial number identified with that device. It allows for people that have been convicted of recklessly driving, super speeders driving over a 100 miles per hour to only go the speed limit that's posted on the on the road.

  • Larisa Cespedes

    Person

    And it also allows for a little button that you push so that you can pass safely in the event that you have to speed past a slow vehicle. So it has been adopted I think, as the Assembly Member said, across many New York, Washington DC, across Europe.

  • Larisa Cespedes

    Person

    We see a 99% efficacy in New York City, and we think it's time for California to pilot a program that allows for this technology to be used here. It prevents a crash from happening versus punishing an individual after it has happened. With that, I respectfully ask for your aye vote.

  • Alexandra Macedo

    Legislator

    Thank you. Is there anybody else in the room in support?

  • Tim Chang

    Person

    Yes. Tim Chang with the Auto Club of Southern California in support of the bill.

  • Alexandra Macedo

    Legislator

    Thank you.

  • David Martinez

    Person

    David Martinez with Streets for All in support.

  • Alexandra Macedo

    Legislator

    Thank you.

  • George Soares

    Person

    George Soares with the California Medical Association in support.

  • Alexandra Macedo

    Legislator

    Thank you.

  • Kelli Boehm

    Person

    Kelli L'Heureux for Families Families for Safe Streets in support.

  • Alexandra Macedo

    Legislator

    Thank you. Do we have anybody in the room in opposition? Seeing none, bring it back to the dais. We have a motion by Mr. DeMaio and a second and a third by Ms. Pellerin and Lowenthal.

  • Carl DeMaio

    Legislator

    So is this the first... I know. I was gonna compliment you on your strategic...

  • Esmeralda Soria

    Legislator

    I'm like DeMaio. Two for two. Wow.

  • Carl DeMaio

    Legislator

    Yeah. Solid legislation today. Is this is this the first time that this bill or something like it has been brought forward in in the legislature?

  • Esmeralda Soria

    Legislator

    No. In the past, there was a previous author that brought this forward, but it was not a pilot program. It would have been a statewide.

  • Larisa Cespedes

    Person

    And it didn't go through this committee.

  • Carl DeMaio

    Legislator

    But did it get to the governor's desk?

  • Esmeralda Soria

    Legislator

    No.

  • Larisa Cespedes

    Person

    No. I think... And I'm sorry. Is it okay if I speak, please? I think what you're thinking of are might be the requirement that these devices be installed on all vehicles at, like, when they're sold. This is something aftermarket. There was a similar bill like that that I think Senator Wiener sent to the governor.

  • Carl DeMaio

    Legislator

    No. I like the pilot project. It's this is so smart. You've got some of these people who are repeat offenders, and this is something that will save lives. And this is something that's long overdue. So I appreciate the fact that you're championing this and happy to offer support.

  • Alexandra Macedo

    Legislator

    Thank you, Mr. DeMaio. Anybody else on the committee? I too wanna tell you that I think this is a great piece of legislation. I ran a speeding bill last year and did lots of research into speeding in California. It is insane, and it is scary when you look at the statistics and the amount of lives lost that is totally preventable. And people just need to slow the heck down. So with that, I'm excited to support today, and would you like to close?

  • Esmeralda Soria

    Legislator

    I respectfully ask for an aye vote.

  • Alexandra Macedo

    Legislator

    Thank you. Madam Secretary, would you like to call the roll?

  • Committee Secretary

    Person

    Item number seven, AB 2276, Assembly Member Soria. Motion is do pass to Appropriations. [Roll Call]

  • Alexandra Macedo

    Legislator

    We will keep that bill on call. Thank you. Mr. Valencia. Which one would you like to start with?

  • Avelino Valencia

    Legislator

    The file order is fine.

  • Alexandra Macedo

    Legislator

    OK. So 2285?

  • Avelino Valencia

    Legislator

    Sure.

  • Alexandra Macedo

    Legislator

    Beautiful. Whenever you are ready.

  • Avelino Valencia

    Legislator

    Thank you, madam chair. As members. AB 2285 would give state chartered banks and credit unions the tools to offer digital asset services and establish a consumer protection framework for modern banking. California is home to some of the world's most innovative digital asset companies, and that industry's presence is an asset we should hold on to and build on. As digital assets move into traditional finance, our state banks and credit unions need updated tools and cybersecurity capabilities to meet that moment.

  • Avelino Valencia

    Legislator

    Most Californians today continue to rely on their local banks and credit unions for everyday financial needs. AB 2285 ensures those trusted institutions are equipped to serve them as our financial landscape continues to evolve. A clear consumer protection framework does not slow innovation. It strengthens it by giving Californians the confidence to participate.

  • Avelino Valencia

    Legislator

    Happy to answer any questions.

  • Alexandra Macedo

    Legislator

    Thank you. Is there anybody else in the room in support? Nope. Seeing none. Is there any opposition?

  • Alexandra Macedo

    Legislator

    Seeing none. Miss Pollard, it's me and you. Do you have me the bill. And I will second it. Mister Valencia, would you like to close?

  • Avelino Valencia

    Legislator

    Respectfully ask for an item.

  • Alexandra Macedo

    Legislator

    I can.

  • Alexandra Macedo

    Legislator

    We make the world go round, don't we?

  • Avelino Valencia

    Legislator

    Agreed. Agreed.

  • Alexandra Macedo

    Legislator

    Can you call the roll?

  • Alexandra Macedo

    Legislator

    One second. Okay. Can you we have a motion in a second

  • Alexandra Macedo

    Legislator

    but I

  • Alexandra Macedo

    Legislator

    the only two members in the committee currently. We're very efficient.

  • Esmeralda Soria

    Legislator

    I'm not gonna leave. I'm not here.

  • Committee Secretary

    Person

    Item number nine, AB 2285 by Assembly member Valencia. The motion is do passed to appropriations. Byro Cahillan. Macedo. Aye.

  • Committee Secretary

    Person

    Okay. Thank you. Sorry.

  • Committee Secretary

    Person

    Macedo, aye. Brian DeMaio, Hoover, Erwin, Lowenthal, McKenna, Ortega, Patterson, Pellerin.

  • Gail Pellerin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Pellerin, aye. Petrie Norris, Ward, Wicks, Wilson.

  • Alexandra Macedo

    Legislator

    We will keep that bill open. We're ready for your next one.

  • Avelino Valencia

    Legislator

    Thank you. Madam chair, once again and members, I wanna start by accepting the committee amendments. AB 2561 would ensure consumers maintain control over their preferred privacy settings by prohibiting any changes to a user setting without their consent. Companies are increasingly building businesses and AI models that depend on the collection and use of personal data. At the same time, Californians have consistently signaled their desire to protect their privacy and maintain control over their data settings.

  • Avelino Valencia

    Legislator

    Unfortunately, it is a common practice for privacy settings to be readjusted without explicit consent from the users, especially after an update or an added app. With that, I respectfully ask for a yes vote and happy to answer any questions.

  • Alexandra Macedo

    Legislator

    Thank you. Is there anybody else in the room in support?

  • Josh Lowenthal

    Legislator

    Move the bill.

  • Alexandra Macedo

    Legislator

    We have a motion by Mr. Lowenthal. Thank you for joining us. Anybody in the room in opposition?

  • Jose Torres Casillas

    Person

    Chair members, Jose Torres with TechNet. Just wanna clarify. I appreciate the author, and their work on this. Appreciate the amendments that they're planning on taking. And when the amendments cross, TechNet will be removing our opposition and going into a support position.

  • Alexandra Macedo

    Legislator

    We love to hear it. Is there anybody else in the room in opposition?

  • Ronak Daylami

    Person

    Thank you. Ronak Dilami on behalf of Cal Chamber. Also, I wanna greatly thank the author as well as his staff for working with us. We're also gonna be removing our opposition. Thank the committee as well for their work, madam chair.

  • Ronak Daylami

    Person

    Thank you.

  • Aodhan Downey

    Person

    Aodhan Downey with the Computer and Communications Industry Association. Wanna echo what everyone said. Thank the author, and we will also be removing our opposition. Thank you.

  • Alexandra Macedo

    Legislator

    Thank you. I know we have a motion and a second. Anybody else in the second?

  • Rebecca Bauer-Kahan

    Legislator

    I'll second.

  • Alexandra Macedo

    Legislator

    There we thank you, miss Fowler. I'll hand you the gavel back over.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. With that, would you like to close?

  • Avelino Valencia

    Legislator

    Thank you, madam chair. This bill would simply reduce the burden on the consumer and would enhance privacy protections. That respectfully ask for a yes vote.

  • Rebecca Bauer-Kahan

    Legislator

    Okay. 2561. Perfect. We have a motion in a second. Let's call the roll.

  • Committee Secretary

    Person

    Item number 10 a AB 2561 by assembly member of Valencia. The motion is do passed as amended. Bara Kayehan. Aye. Bara Kayehan, Aye.

  • Committee Secretary

    Person

    Masito. Aye. Masito, Aye. Brian, DeMaio, Hoover, Erwin Lowenthal. Aye.

  • Committee Secretary

    Person

    Lowenthal, aye. McKinner. Ortega. Patterson. Pellerin.

  • Committee Secretary

    Person

    Aye. Pellerin, aye. Petri Norris. Ward Wicks Wilson.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Summer. Good work.

  • Avelino Valencia

    Legislator

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Okay. We have no mister Lowenthal and I have You do it with Wix. Yep. Alright. You wanna go?

  • Rebecca Bauer-Kahan

    Legislator

    Yeah. Go for it, mister Lowenthal.

  • Josh Lowenthal

    Legislator

    I can go. I can also catch up on that.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah. Cool. Okay. So this will be mister Lowenthal's eighty twenty one sixty nine when he's ready.

  • Josh Lowenthal

    Legislator

    I witnessed it a second. Let's check.

  • Rebecca Bauer-Kahan

    Legislator

    Oh, well, you know what? Never mind. We're gonna allow miss Bonta to go, if you don't mind, mister Lowenthal.

  • Mia Bonta

    Legislator

    Oh, so far.

  • Rebecca Bauer-Kahan

    Legislator

    Don't worry. He doesn't get to go anywhere anyways.

  • Alexandra Macedo

    Legislator

    Oh. It was so

  • Rebecca Bauer-Kahan

    Legislator

    close. So so so close.

  • Rebecca Bauer-Kahan

    Legislator

    But I know she's sharing health. So Yes. Thank you, Mr. Lowenthal. Yes. Thank you. When you're ready.

  • Mia Bonta

    Legislator

    Thank you. I'm going to start, with AB 1979.

  • Mia Bonta

    Legislator

    Good afternoon, chair and members. I wanna start by accepting the committee's amendments on AB 1979 and thanking the chair and committee staff for their work on this bill. With the amendments, this bill addresses the proliferation of AI into health care in three important ways. It requires health facilities to ensure that no clinical decisions are being made solely by an output from a clinical decision support system and that a licensed health care professional is exercising a professional judgment in reviewing and approving that output.

  • Mia Bonta

    Legislator

    It prohibits the use of AI in health care settings to guide or instruct an unlicensed individual to do work that would require a license, and it clarifies provisions of the confidentiality of medical information act to ensure that direct to consumer health AI products that seek to access individuals' medical records protect those records as otherwise required in law.

  • Mia Bonta

    Legislator

    We've all seen AI rapidly deploy into many aspects of our daily lives. It's in our phones, our emails, everything we search on Google, advertisements we see, and so much more, but it is also being deployed in health care. This year, we've seen major developers in the consumer facing AI space offer access to new tools to allow individuals to securely connect their medical records and ask questions to help them prepare for doctor's visits.

  • Mia Bonta

    Legislator

    The bill this bill seeks to clarify in those instances, those businesses offering that app or tool must maintain the confidentiality of your medical records just as we expect from our health care providers. AI is also deploying into health care facilities.

  • Mia Bonta

    Legislator

    Reuters reported earlier this year, at least 1,357 medical devices using AI are now authorized by the FDA, double the number it had allowed through 2022. Last year, I co chaired with this committee and health committee an informational hearing on the use of AI in health care. We explored what the challenges and opportunities are and the ways that AI is already being used to assist in testing, diagnosis, and administration.

  • Mia Bonta

    Legislator

    Some of the key takeaways from that conversation and that hearing were that there is opportunity for AI to enhance and improve health care, but only if it is done carefully and accounts for not just the potential for bias in developing the systems, but the complex nature of the human technology interaction when a provider is using AI. This rapid deployment is happening in the background of huge appeal in our health care system.

  • Mia Bonta

    Legislator

    Through just the work requirement provisions of HR 1, DHCS estimates that 1,400,000 medical enrollees will lose coverage. The loss of the enhanced premium tax credits from the Affordable Care Act could lead to as many as 1,700,000 covered California enrollees to see an additional average net premium increase of 66%. Covered California estimates that a federal change in premium assistance eligibility will cause a 112,000 enrollees to lose financial assistance they rely on to afford coverage.

  • Mia Bonta

    Legislator

    What this means is that we will have fewer people being able to access health care and more people looking to AI and platforms to be able to get basic responses to their health care questions. And it's increasingly clear that the use of AI is evolving faster than laws and regulations can keep up.

  • Mia Bonta

    Legislator

    As this chair of this privacy committee can attest to, we know that there are instances like Hippocratic AI, which has marketed AI health agents as replacements for nurses.

  • Mia Bonta

    Legislator

    A study for University of California San Francisco last year experimented with using ChatGPT to triage patients in the emergency department instead of RNs, Protecting patient safety, keeping our professional workforce engaged in their work, and ensuring the integrity of health care will require us not to rely on AI to do things quicker and cheaper, not while we are still working to understand the potential risks along with the benefits.

  • Mia Bonta

    Legislator

    This bill does that by protecting medical records when using when used to be direct consumer, chat apps and ensures the output of clinical decision support systems always be reviewed by a licensed health care professional. Here to testify are my apologies because there was a shift because of the timing. Cathy Kennedy, who is a Registered Nurse and resident of the California Nurses Association, the sponsor of this bill.

  • Mia Bonta

    Legislator

    And, we have a testimony that will be read in, by Deb Raji from the California Labor.

  • Rebecca Bauer-Kahan

    Legislator

    Awesome. Whoever wants to go first.

  • Sarah Fried

    Person

    Oh, I just have a quick correction. There's a change of plan. Thank you, Assembly member Bonta.

  • Mia Bonta

    Legislator

    My apologies.

  • Michelle Vo

    Person

    My name is Michelle Vo. Michelle- I'm the one that yeah. I'm the

  • Rebecca Bauer-Kahan

    Legislator

    Thanks for being here.

  • Michelle Vo

    Person

    One of the presidents.

  • Mia Bonta

    Legislator

    Thank you.

  • Michelle Vo

    Person

    Thank you so much.

  • Mia Bonta

    Legislator

    Thank you.

  • Michelle Vo

    Person

    Alright. Ready? Okay. Good afternoon, chair and members. My name is Michelle Vo, President of the California Nurses Association, sponsor of AB 1979, and I have been a registered nurse for almost 29 years.

  • Michelle Vo

    Person

    As nurses, our profession is both in art and science. We care for people at some of the most vulnerable moments of their lives. For nurses at the bedside, we don't just execute tests. We utilize the nursing process of assessing a patient using our expertise, our eyes, our ears, and our touch to detect the subtle nuances and changes of the human condition. This is why AB 1979 matters.

  • Michelle Vo

    Person

    Professional health care judgment cannot be automated by an algorithm. This bill is based on a simple principle. If California law says a licensed health care professional must perform a health care activity, AI should not be allowed to do that care in our place. Today, these tools are being used in areas of patient care that require clinical judgment, including patient assessment, diagnosis, clinical decision making, patient education, and handoff communication.

  • Michelle Vo

    Person

    For example, when I handoff a patient at the end of my shift, I'm not just passing along a summary of a patient's chart.

  • Michelle Vo

    Person

    I am using my clinical judgment to decide what matters most for the next nurse to know about my patient, like what has changed, what worries me, what could go wrong next, and what the nurse needs to be watching out for. If a hospital uses AI to generate that handoff communication, it's an algorithm making these judgment calls on care instead of the nurse. To be clear, this bill does not ban supportive technology. Nurses use technology every day.

  • Michelle Vo

    Person

    It simply reaffirms patient privacy laws and preserves the clear boundary around the care that California law reserves to licensed human health care professionals.

  • Michelle Vo

    Person

    For nurses, this bill is about patient safety, professional integrity, and preserving trust in the human beings who provide patient care. Thank you, and I respectfully ask for your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much.

  • Sara Flocks

    Person

    Madam chair, member Sarah Flock, California Federation of Labor Unions. We support this bill, but I am here to read testimony on behalf of Deb Raji, a computer scientist at UC Berkeley that works on AI accountability in public interest deployment settings. Quote, under the Hippocratic oath, physicians and other health care workers are charged with a heavy mandate. First, do no harm.

  • Sara Flocks

    Person

    However, the evidence is clear that many AI systems can fail, sometimes catastrophically, often perniciously in unexpected ways that risk causing real and lasting harm, especially to marginalized population if deployed prematurely and inappropriately.

  • Sara Flocks

    Person

    Research has already revealed that much of the benchmark performance being reported by corporate vendors of AI health technology that it's inadequately tested. Vendors' reports do not capture actual performance outcomes within a complex deployment setting like a health facility. In addition to this, regulatory arbitrage, internal tool development, and a still immature emergent regulatory ecosystem means that currently deployed tools do not always go through a rigorous approval process.

  • Sara Flocks

    Person

    As a result, the health systems deploying this technology tend to overestimate what this technology is capable of, especially in the absence of human oversight. Human participation is a spectrum.

  • Sara Flocks

    Person

    Adequate public communication and transparency of AI use is necessary to keep a human in the loop through sufficient documentation and notification as well as to provide meaningful and accessible mechanisms for contestation appeals, incident reporting, or other forms of engagement. As outlined in this bill, health systems deploying AI technology will need to take seriously their responsibility to adopt, integrate, and monitor the AI systems they introduce into their clinical settings with care.

  • Sara Flocks

    Person

    Through participation from the AI users and the impacted patient populations, we will protect the most vulnerable patients amongst us from further harm, and we urge your aye vote on this bill.

  • Rebecca Bauer-Kahan

    Legislator

    I turned the mic off. Anyone else here in support of this bill? Name, organization, and position.

  • Jp Hannah

    Person

    Thank you, chair and members. JP Hannah on behalf of the California Nurses Association. Strong support and sponsor of this measure.

  • Sandy Redding

    Person

    Thank you. Sandy Redding, operating room nurse and President of the California Nurses Association, strong support.

  • Shelly Pepper

    Person

    Hi. Shelly Pepper, 20 years as a registered nurse, in support.

  • Theresa Combong

    Person

    I am Theresa Combong, RN for 21 years and strong support.

  • Sarah Fried

    Person

    Sarah Fried, nurse for 30 years, strong support.

  • Susan Varela

    Person

    Susan Varela. I'm with CNA. I've been an RN for 22 years, and I strongly support.

  • January Brown

    Person

    January Brown, labor and delivery, 39 years of nursing, strong support.

  • Rachel Hensley

    Person

    Rachel Hensley, nurse for 20 years, strongly support.

  • Meredith Baker

    Person

    Meredith Salazar Baker, registered nurse for 9 years and on the Board of Directors for California Nurses Association, in support.

  • Joy Gonsolin

    Person

    Joy Gonsolin, neonatal intensive care nurse, 17 years, strong support.

  • Sandra Delgadillo

    Person

    Sandra Delgadillo, RN for 35 years, lifelong resident in California, and I strongly support this.

  • Tova Lichman

    Person

    Tova Lichman. I've been a critical care nurse for 6 years and strong support.

  • Selena Howe

    Person

    Selena Howe, a nurse practitioner, RN for 13 years, strong support. Thanks.

  • Unidentified Speaker

    Person

    I'm Victoria McCaskill. Been a nurse 26 years and in strong support.

  • Laura Dixon

    Person

    Laura Dixon, registered nurse for 30 years, in strong support.

  • Cynthia Chang

    Person

    Cynthia Chang, part of CNA, strongly support.

  • Cathy Kennedy

    Person

    Cathy Kennedy, President of CNA, 46 years RN, strong support.

  • Rebecca Blecker

    Person

    Rebecca Blecker, 20 years nurse registered nurse, strong support.

  • Austin Stoker

    Person

    Austin Stoker, strong support, CNA of nursing representative RN. Thank you.

  • Michelle Gaffney

    Person

    Michelle Gaffney, a CNA RN. I worked in the ICU for 11 years. Strong support.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you all for being here. With that, opposition, come on up. Sarah, if you wanna stay, you can just take the other chair. Okay. When you're ready, gentlemen.

  • George Soares

    Person

    Good afternoon, chair and members. George Soares with the California Medical Association. We have a respectful opposed position on the, the previous version of the bill before the substantial amendments that came from this committee. I want to highlight our appreciation for the conversation we've had with the author, her staff, and this committee over the past few weeks and we look forward to continuing that work.

  • George Soares

    Person

    We share the author's commitment to protecting patient safety and preserving the integrity of clinical decision making. We do not have concerns with the section of the bill requiring entities to adhere to strict confidentiality standards regarding the use of medical information. However, we are still reviewing the recent amendments from this committee and believe that they move in the right direction to preserve responsible AI tool uses for physicians.

  • George Soares

    Person

    In current practice, many AI enabled tools are embedded in electronic health records and clinical workflows to improve accuracy, reduce administrative burden, and enhance patient outcomes. These include clinical decision support systems, predictive analytics for early detection of deterioration, and tools that assist in summarizing complex medical information.

  • George Soares

    Person

    We look forward to continuing to refine the language in this bill to ensure that the positive impacts impacts are felt by Clinicians and the patients they help to provide care to. AI and health care today functions as a tool, not as a substitute for physician expertise. Physicians remain responsible for interpreting AI generated recommendations, validating their accuracy, and making final clinical decisions. We appreciate the considerations of of our remaining concerns, and I'm happy to answer any questions at the appropriate time.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Mark Farouk

    Person

    Good afternoon, chair and members. Mark Farouk on behalf of California Hospital Association representing nearly 400 hospitals and health systems in California. Respectfully oppose unless amended to AB 1979. Do wanna acknowledge the substantive committee amendments to this bill that we are still in the process of reviewing. And also, I wanna thank the author and her staff for the ongoing discussions and engagement.

  • Mark Farouk

    Person

    And also echo the comments about continuing those discussions. But just wanted to point out that the use of AI in California's hospitals and health systems assist licensed professionals. It does not replace them. These are patient centered tools delivering real improvements and outcomes. For example, the use of AI in imaging and radiology is reducing error rates and increasing early detection.

  • Mark Farouk

    Person

    AI reduces administrative burdens streamlines clinical documentation and helps providers spend less time on paperwork and more time with patients. AI tools are embedded in the electronic health record platforms that providers not only use every day but are required to use to comply with the state's data exchange framework. AI technology represents a meaningful opportunity to reduce diagnostic disparities and extend specialist level care to rural and underserved communities. Hospitals already developing these tools with governance structures, performance reviews, and post implementation monitoring in place.

  • Mark Farouk

    Person

    We would urge that in considering these proposals that framework should build on the existing infrastructure, not substitute for it with restrictions that delay adoption or limit the clinical judgment of licensed providers in determining how these tools are used in their practice.

  • Mark Farouk

    Person

    For those reasons, we remain opposed unless amended. But again, appreciate the amendments thus far and the ongoing discussions.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Anyone else here in opposition? Name, organization, and position.

  • Mary Diaz

    Person

    Madam chair and members, MJ Diaz on behalf of Kaiser Permanente in opposition. Thank you.

  • Ryan Pierini

    Person

    Thank you, chair and members. Ryan Perini on behalf of ATA Action in opposition. Thank you.

  • Ryan Spencer

    Person

    Ryan Spencer with the California Radiological Society in respectful opposition.

  • Annalee Akin

    Person

    Annalee Augustine with the Civil Justice Association of California, respectfully opposed. Thank you.

  • Jose Torres

    Person

    Good afternoon, chair members. Jose Torres with TechNet in respect for opposition.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Moira Topp

    Person

    Good afternoon, chair members. Moira Topp here on behalf of Biocom. We're a bit of a tweener. We have an opposed unless amended position. We very much appreciate the amendments already and look forward to continuing the dialogue. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • John Wenger

    Person

    I'm sorry, members. John Wenger on behalf of the Advanced Medical Technology Association, AviMed also have an opposed unless amended position and look forward to continuing the conversations.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no further opposition, we'll bring it back to the dais. Madam vice chair? No? No?

  • Rebecca Bauer-Kahan

    Legislator

    I don't even know what to do with myself if nobody has any comments. So, Madam chair, I wanna thank you for this piece of legislation.

  • Rachel Hensley

    Person

    even know what to do with myself if nobody has any comments. So madam chair, I wanna thank you for this piece of legislation.

  • Rebecca Bauer-Kahan

    Legislator

    I think it is when you read it, and I think this is kind of what I heard from the opposition, which I would deem friendly opposition, hopefully, is you clearly have spent a lot of time thinking about researching, understanding the way AI is being deployed in health care settings, talking to the workers who are on the front lines of interacting with this artificial intelligence, and ensuring that it can it can continue to be used because I imagine, you know, and we heard this from there are times when it's helpful, and the workers are the ones who know that best.

  • Rebecca Bauer-Kahan

    Legislator

    At the same time, there's a reason in the health care setting we license our professionals because we expect a certain level of care. And so this bill really focuses on retaining, I think it's important to note, retaining the judgment of licensed professionals.

  • Rebecca Bauer-Kahan

    Legislator

    That's sort of the standard you're setting forward, and one that California has accepted for as long as I'm alive, but I imagine a lot longer than that. And so, honestly, I think this updates the law to meet where we are today. And so and I also really appreciate the privacy protections. I share your concern about people, putting their medical records into these systems and not even understanding what happens next. I will tell you, I have family members for whom that is true.

  • Rebecca Bauer-Kahan

    Legislator

    And no matter how many times they yell at them, they don't listen to me. So maybe we better update the law. So I really do appreciate this bill. I appreciate your work. I appreciate your collaboration with us on working on the technical aspects.

  • Rebecca Bauer-Kahan

    Legislator

    And with that, would you like to discuss?

  • Mia Bonta

    Legislator

    Thank you. I wanna appreciate Michelle V and Sarah Flocks and, Deb Raji for testifying today in support of this bill. At the end of the day, we are in greenfield space where we really need to make sure that we are fully understanding the consequences of integrating AI, incredibly powerful tool, into our health care system, especially this bill has two major components to it and you've alluded to one.

  • Mia Bonta

    Legislator

    And we just wanna make sure that facilities don't use the sole output of clinical decision support systems as the guide for establishing basic form of care and, that we are able to preserve and include the professional judgment of health care professionals nurses in this in our health care space as well.

  • Mia Bonta

    Legislator

    With that, I respectfully request your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    We have a motion and a second. Let's call the roll.

  • Committee Secretary

    Person

    Item number four, AB 1979 by Assembly member Bonta. The motion is do passed as amended to appropriations. Bauer- Kahan?

  • Rebecca Bauer-Kahan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Bauer- Kahan, aye. Macedo?

  • Committee Secretary

    Person

    Macedo, no. Bryan? Demaio? Hoover?

  • Alexandra Macedo

    Legislator

    No.

  • Josh Hoover

    Legislator

    No.

  • Committee Secretary

    Person

    Hoover, no. Irwin? Lowenthal? McKinnor? Ortega?

  • Committee Secretary

    Person

    Ortega, aye. Patterson?

  • Liz Ortega

    Legislator

    Aye.

  • Committee Secretary

    Person

    Patterson, no. Pellerin?

  • Committee Secretary

    Person

    Pellerin, aye. Petrie Norris?

  • Gail Pellerin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Petrie Norris, aye. Ward? Wicks? Wilson?

  • Cottie Petrie-Norris

    Legislator

    Aye.

  • Rebecca Bauer-Kahan

    Legislator

    That has four votes. We'll leave it on hold for the absent members. Thank you.

  • Mia Bonta

    Legislator

    Thank you so much.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. We'll move to Miss Bonta's second bill. AB 2092.

  • Rachel Hensley

    Person

    AB 2092. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Second. Motion by the vice chair, second by Miss Ortega. You're on you're on a roll.

  • Mia Bonta

    Legislator

    Thank you so much. And in in light of the early motions, I will, keep my opening remarks, very brief. This is a highly technical bill, but, I wanna just thank the committee, for their work on this, bill, and, we will be accepting the, committee amendments, first and foremost. AB 2092, just to be able to help us understand, establishes the California Department of Social Services or CDSS as the lead agency with the statutory authority to manage the early childhood integrated data systems or ECIDS.

  • Mia Bonta

    Legislator

    This bill also creates an interagency task force to ensure that California can integrate siloed information from various state agencies serving children from birth to age five.

  • Mia Bonta

    Legislator

    California has built the foundation to begin implementing a state ESIDS, and it's very important with the master plan for early learning and care, which highlights the ESIDS as a critical tool for state for the state to create a robust early learning system that supports all children learning and developing in in their growth.

  • Mia Bonta

    Legislator

    The state has been able to produce a knowledge brief, conduct a a pilot program led by the Santa Clara County Office of Education to share learnings and the best practices at the local level and establish an IT infrastructure for ECIDS.

  • Mia Bonta

    Legislator

    Now, we are left with the ability to make sure that we are implementing an ECIDS infrastructure and an IT infrastructure that really enables us to be able to integrate, and consume this data in a way that is protective of, the children, families, and, and, providers who will be captured in the integration of this data to ensure that we don't have a child deserts, childcare deserts, and we understand outcomes for children age zero to five in a very robust way, particularly when disaggregated by race and income.

  • Mia Bonta

    Legislator

    I want to clarify that this bill includes that e ECIDS only analyzes de identified cohort level and summary or aggregate data and only shares this data with the agencies on the task force.

  • Mia Bonta

    Legislator

    ECIDS does not analyze or create profiles on individual children's data, and ECIDS complies with all applicable state and federal privacy laws, which include but are not limited to HIPAA, FERPA, CMIA, and HIPAA. In addition, ECIDS only integrates existing data. It does not collect any new data.

  • Mia Bonta

    Legislator

    Here to testify and support are two education data experts, Melissa Valenzuela-Stookey, who is the director of preschool through 16 researcher at Ed Trust West, and doctor Matthew Tinsley, who is the director of education initiatives and policies at the Santa Clara County Office Of Education.

  • Melissa Valenzuela-Stookey

    Person

    Good afternoon, chair and members. My name is Melissa Valenzuela-Stookey, and I am the director of P-16 research at Ed Trust West, proud sponsors of AB 2092. Every year, California invests billions of dollars in critical early childhood programs like Head Start, special education services, transitional kindergarten, and home visiting. Yet because our agencies sometimes operate in silos, we cannot currently answer the most basic questions about who's being served by our systems, how well, and what improvements are needed.

  • Melissa Valenzuela-Stookey

    Person

    When data is disconnected, children fall through the cracks.

  • Melissa Valenzuela-Stookey

    Person

    AB 2092 is, at its core, an equity bill designed to change that by enabling the completion of the state's work to create an early childhood integrated data system or ECIDS. Critically, this bill is not asking the state to collect new data, but rather authorizes DSS to ingest data that state agencies already collect.

  • Melissa Valenzuela-Stookey

    Person

    It creates a structured and meaningful stakeholder process to determine exactly what data linkages are necessary, determine which specific questions need answering for program audits and evaluations, and ensures that governance processes include robust data security safeguards. In alignment with the state's master plan for early learning and care, previous state investments have supported the development of the IT infrastructure for this data system. ECIDS would sit within California's Health and Human Services Agency's data hub, a lockbox for confidential record level legally protected data.

  • Melissa Valenzuela-Stookey

    Person

    This hub was purposefully built to support cross departmental program analysis in a secure manner that does not allow for extraction of personally identifiable information. California leads the nation in so many ways. When it comes to completing our early childhood integrated data system, however, we're a bit behind.

  • Melissa Valenzuela-Stookey

    Person

    States leading the way in this work as well as local bright spots like the Santa Clara Santa Clara County Office of Education are proof that responsible governance that securely connects the dots between fragmented systems improve outcomes for children and families and make sure public dollars are well spent. As a data driven equity organization, safeguarding data security, proactively protecting privacy, and incentivizing data minimization are always among our top priorities.

  • Melissa Valenzuela-Stookey

    Person

    They go hand in hand with creating a functional modern data ecosystem. The amendments before you reflect constructive language from the committee as well as language, from national data privacy experts to strengthen the bill's privacy provisions and explicitly align it to current state and federal laws. As a state, we can't close gaps in services and nurture the whole child while flying blind. AB 2092 provides the framework to finally connect the dots for California's children and families. We respectfully ask for your aye vote.

  • Melissa Valenzuela-Stookey

    Person

    Thank you. Thank you.

  • Matthew Tinsley

    Person

    Good afternoon, chair Bauer-Kahan and committee members. My name is Dr. Matthew Tinsley. I'm the director of education initiatives and policies at the Santa Clara County Office of Education. SCCOE believes that a comprehensive state level ECIDS is necessary to assess the impact of California's investments in child development and early education. Through more than a decade of work, we have demonstrated that SSIDs assigned to children in our state preschool program follow them when they later enroll in our county schools.

  • Matthew Tinsley

    Person

    We've also found that data from the California Immunization Registry could allow children to be assigned CALPADS SSIDs before they enroll in school. In 2019, we sponsored legislation that would have authorized local education agencies to assign SSIDs to children enrolled in subsidized early learning programs. We are the resource and referral agency for Santa Clara County, but there is no systemic way for us to know how many children are receiving subsidized care in our county.

  • Matthew Tinsley

    Person

    A four year old child can be enrolled in transitional kindergarten in the morning, voucher funded childcare in the afternoon, and ELOP funded after school programs with a different provider for each. Without an ECIDS, it's impossible to know how many unique children these programs serve, let alone their longitudinal impact on child outcomes.

  • Matthew Tinsley

    Person

    A statewide ECIDS should have the following features. It should build on existing data systems. It should include participation by every provider delivering the included programs, and all data in the ECIDS should be available to support analysis subject to the appropriate privacy protection. Only a statewide ECIDS can leverage the data already being collected to support a whole child cradle to career approach. I'm happy to answer any questions that the committee may have at the appropriate time.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Anyone else here in support of this bill? Name, organization, and position.

  • Tony Anderson

    Person

    Good afternoon. Tony Anderson, the Association of Regional Center Agencies, in support.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Tony Anderson

    Person

    Thank you.

  • Raquel Morales Urbina

    Person

    Rebecca Morales on behalf of Ed Trust West in support. Also doing a me too for Californians Together.

  • Sara Vachis

    Person

    Thank you. And Sara Vachis with Children Now in support. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no additional support. Opposition? Tracy, you coming?

  • Tracy Rosenberg

    Person

    That's me. Yeah.

  • Tracy Rosenberg

    Person

    Okay. It should be pretty quick. So hi, everyone. Tracy Rosenberg with Oakland Privacy. We are a statewide coalition that focuses on safeguards and guardrails in the interest of privacy, protection, civil rights, and community consent. Firstly, we wanna thank the author for the constructive conversations we've had in the office.

  • Tracy Rosenberg

    Person

    They have been substantial and substantive, and the bill is, we think, in much better shape as a result. What I will say is, you know, certainly big data projects always give privacy advocates a bit of a case of the heebie jeebies. So we are, you know, concerned that there aren't loopholes in the language. So we are going to continue to kind of think that through, and there may be some other things that will come up as the bill kinda moves through the process.

  • Tracy Rosenberg

    Person

    The one thing that I wanna say today is there was one suggestion that we had made, which I don't think was was picked up.

  • Tracy Rosenberg

    Person

    I just wanted to kinda get it on the record, which, we were hoping that the data sharing agreements between the multiple agencies that are on the commission could be affirmatively stated to be available as public records. And I just wanna say the bill doesn't say that they're not available as public records, but I do a lot of public records work, and sometimes it can be awfully hard to get things.

  • Tracy Rosenberg

    Person

    So I think that would be helpful because certainly if there are issues down the line and concerns, it would be helpful for privacy groups to be able to sort of access what's going on here, what are the elements that are being shared, what are the mitigations that may have to happen. So I just wanted to put that on the record and, otherwise, thank the committee for their time on the bill.

  • Mia Bonta

    Legislator

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Any other opposition here in the room? Seeing none, we'll bring it back to the committee. Yeah. Miss Pellerin.

  • Gail Pellerin

    Legislator

    Thank you to the author. This is a great bill. I do think that data drives decisions, so having this data is really gonna be imperative. I just saw in the amendments that it talked about that it restricts CDSS to only using data available in nine education databases. How many education databases are there, and what are those nine that are gonna be utilized?

  • Gail Pellerin

    Legislator

    Oh my goodness.

  • Rebecca Bauer-Kahan

    Legislator

    You sent them all to us, so I know I saw them. But I know Yes. Yes.

  • Mia Bonta

    Legislator

    And there are more than that, quite honestly. I think we work with the committee to try to address the committee's concerns of the broadness of the of the database that the databases that we were pulling from. And, we have limited it to, a a a more reasonable set for now with the understanding that, should the task force determine that they need additional datasets that they will come back to the legislature for that.

  • Mia Bonta

    Legislator

    I'm going to read the comprehensive list and and hope that that includes the nine, But it's the California well, I'll read the broader list. The California Early Care and Education Workforce Registry is the credentials automated system for education, the California Statewide Assignment Accountability System, the Accreditation Data System, the California longitudinal, pupil achievement data system, the migrant student information network articulation, systems stimulating inter institutional student transfer, California preschool data collection system, the child development manage information system, and the preschool language and information census system.

  • Mia Bonta

    Legislator

    And I will follow-up with you on the specific nine. But, basically, we went with the datasets that we knew would be of primary use and need for to be able to fully understand the early childhood programming involved. And and I'm sorry that I don't have that in my many, many notes here. Apologies. I just texted them to you.

  • Mia Bonta

    Legislator

    I was really

  • Rebecca Bauer-Kahan

    Legislator

    really interested in getting blown away,

  • Gail Pellerin

    Legislator

    but there were nine education databases. I'm like, well, how many are there?

  • Mia Bonta

    Legislator

    There are there are so many more.

  • Gail Pellerin

    Legislator

    Yes. Yeah. And so important to have that data to make really good decisions about early childhood situation.

  • Mia Bonta

    Legislator

    Which which is part of the problem. Yeah. We have a very fragmented

  • Gail Pellerin

    Legislator

    Yeah.

  • Mia Bonta

    Legislator

    Early childhood education system. And in order for us to be able to make good policy decisions and implementation decisions, we need to do a better job of streamlining that, and that's the essential purpose of this bill. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Seeing no further discussion, I will tell, the opposition that this during the course of this conversation, we get these bills quite frequently because, honestly, government is so fragmented not just in this space, but across we've seen these bills in the homelessness space, in other spaces where we're trying to coordinate the services we provide, And people have privacy concerns.

  • Rebecca Bauer-Kahan

    Legislator

    And so I said to my team, you know, this actually seems like the perfect place to have a conversation about is there a way to do a privacy forward anonymous sharing of data, an identifier that the state has that allows us to share across agencies that has no identifying information. And seeing as this is zero to five, well, they're born, and they go into the system. This is where we catch them. Maybe we could do that.

  • Rebecca Bauer-Kahan

    Legislator

    So maybe you will sponsor that bill next year. Because I actually think that data sharing is really valuable, but I also understand that as I was reading this as a parent, I was like, oh, you're gonna have a profile on my child, and you're the government. And my husband couldn't decide if he felt that way because I'm the granddaughter of Holocaust survivors, and we hate lists. We don't wanna be on lists. But history teaches us lessons, so maybe that's something other people should adopt.

  • Rebecca Bauer-Kahan

    Legislator

    But, or it's just, you know, people are uncomfortable with government sort of having this much data about themselves. And so I do really wanna so I think we should be thinking about how we can do better data sharing in a privacy protective way and really being forthright in moving that. Maybe you'll sponsor that next year.

  • Rebecca Bauer-Kahan

    Legislator

    But I wanna thank the author, for her work on this, for working very closely with the committee to minimize data, to be more privacy protected, to make sure that as we do this really critical work, we're doing it in a way that is meeting the needs of the kids, but also not creating, massive amounts of data that may not be needed. And I think the amendments reflect that.

  • Rebecca Bauer-Kahan

    Legislator

    So with that, would you like to close?

  • Mia Bonta

    Legislator

    Yes. And I will say, to the opposition that, I'm very open to making sure that our public agencies are, being fully transparent in their in their MOUs to the extent that they don't reveal any personalized data or, you know, abuse any of the privacy of the data included in that. We are happy to consider that along the way. And I wanna appreciate Oakland privacy, my Oakland privacy for always being so incredibly thoughtful in this area.

  • Mia Bonta

    Legislator

    With that, I respectfully request your aye vote and know that this establishment of ECIDS will and this task force will go a long way towards ensuring that our earliest learners have all of us working on their behalf in a very thoughtful way.

  • Mia Bonta

    Legislator

    So thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. We have a motion and a second. Let's call the roll.

  • Committee Secretary

    Person

    Item number five, AB 2092 by assembly member Bonta. The motion is do passed as amended to appropriations. Bauer-Kahan. Aye. Bauer-Kahan, aye.

  • Alexandra Macedo

    Legislator

    Aye.

  • Committee Secretary

    Person

    Moscito, aye. Brian DeMaio, Hoover, Erwin, Lowenthal, McKenner, Ortega? Aye. Ortega, aye. Patterson Patterson, aye.

  • Committee Secretary

    Person

    Macedo?

  • Committee Secretary

    Person

    Kelloren? Aye. Kelloren, aye. Petri Norris? Aye.

  • Committee Secretary

    Person

    Petri Norris, aye. Ward? Aye. Ward, aye. Wicks Wilson.

  • Committee Secretary

    Person

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, madam chair. And, miss Ortega, if you wanna go next, I know the nurses probably need some sleep so we can get them out of here. When you are ready, miss Ortega.

  • Rebecca Bauer-Kahan

    Legislator

    This is... You can tell us, Ms. Irwin. What's the bill number?

  • Jacqui Irwin

    Legislator

    This is AB 2221.

  • Rebecca Bauer-Kahan

    Legislator

    Perfect. Thank you.

  • Jacqui Irwin

    Legislator

    Alright. This is, the bill I am presenting today is the final step in a seven year process to update and modernize... Seven years. A seven year process to update and modernize California's online charitable giving law. I'm accepting the committee amendments. In 2021, I passed AB 488, which was designed to bring transparency to the rapidly growing world of online charitable fundraising.

  • Jacqui Irwin

    Legislator

    While AB 488 has largely been successful, there were a few final issues that needed to be addressed. As some of you may recall from the Speaker's outcomes review oversight hearing held in February, we found while the goals of transparency and fraud deterrents remain essential, their implementation has created unintended consequence for nonprofit partners and online platforms.

  • Jacqui Irwin

    Legislator

    So I am just going to skip the rest of what I had to say. And I have here Jeannette Brown, the bill sponsor, and then, which is the California Association of Nonprofits, and Lauren Kimzey from PayPal.

  • Jeannette Brown

    Person

    Good evening, Chair and Members. I'm Jeannette Brown, Policy Director at CalNonprofits, the advocacy voice for California's nonprofit sector. Thousands of nonprofits have faced challenges trying to comply or correct delinquencies with the DOJ's Registry of Charities and Fundraisers. We are sponsoring this bill because process improvements are long overdue.

  • Jeannette Brown

    Person

    The status quo is inefficient and routinely creates unnecessary burdens on nonprofits. The registry's historic response times, customer service, and delayed processing have made compliance more difficult than necessary. Without reforms, minor clerical errors or delayed filings with the registry trigger a delinquent status. The consequences are significant for nonprofits. It effectively freezes grant payments, eligibility for critical funding, and access to online fundraising.

  • Jeannette Brown

    Person

    The punishment doesn't fit the crime. Attempts to correct and retain good standing can on average take 45 to 90 days and must be handled through paper US mail. We have many examples. Take the nonprofit CocoKids. A simple clerical error by the registry froze their state reimbursements for childcare services throughout Contra Costa County.

  • Jeannette Brown

    Person

    There was no way to call or email the registry for help. In a panic, their director drove to Sacramento to wait in the AG's office until someone agreed to assist. World Central Kitchen and Direct Relief, two of the world's most respected humanitarian groups, face fundraising shutdowns in the middle of critical drives over minor paperwork issues and filing response delays.

  • Jeannette Brown

    Person

    This bill aligns California with national standards, creating stronger due process for nonprofits while protecting donor assets. We are grateful for DOJ's collaboration on these changes that better balances their responsibilities with the needs of our sector. We also commend DOJ for helping nonprofits resolve a backlog of delinquencies over the last six months.

  • Jeannette Brown

    Person

    And while we are optimistic a new registry website will improve processing times, these efforts are not a substitute for the fundamental reforms of AB 2221. For nonprofits to succeed, the state must make compliance achievable and not a barrier to their mission. We urge your support and thank the author for her leadership.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Lauren?

  • Lauren Kimzey

    Person

    Good afternoon, Members. Lauren Kimzey on behalf of PayPal and PayPal Giving Fund, also known as PPGF. I'm here in support of AB 2221 by Assemblywoman Irwin. We've been working with the Assemblywoman for many years now and are very grateful and appreciative to her leadership and dedication to this issue.

  • Lauren Kimzey

    Person

    I'm also grateful for the opportunity to speak today. I'd like to especially thank the Chairwoman for holding February's outcome review hearing where since those conversations led to the meaningful improvements we see today in this bill.

  • Lauren Kimzey

    Person

    Quickly about PPGF, we are an IRS registered 501C3 public charity. Our mission is to empower everyday giving by helping people support the causes they care about. This model, as we've seen, has grown significantly.

  • Lauren Kimzey

    Person

    For example, in 2015, our platform collected about $30 million. And as of 2025, we collected about $1 billion, where 95 million of that went to California charities. Overall and to date, we have gathered $4 billion and support over 200,000 charities in the United States and worldwide.

  • Lauren Kimzey

    Person

    Today, I will focus my comments on one issue we see every day in practice, which is good standing. Today, charities can fall out of good standing and be removed from fundraising platforms, not due to misconduct, but because of administrative issues like minor filing errors, processing delays, or data mismatches.

  • Lauren Kimzey

    Person

    For platforms like ours, that impact is immediate because we must suspend fundraising and sometimes redirect donations away from the donors' intended charity. This undermines donor trust and can deprive nonprofits of critical funding often at no fault of their own.

  • Lauren Kimzey

    Person

    AB 2221 makes important progress by creating clear processes, defined timelines, and a pathway for charities to resolve issues before they face serious consequences. On that, we are supportive of AB 2221. Ask for your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Anyone here in support of this bill? Name, organization, and position.

  • Stephanie Roberson

    Person

    Madam Chair. Stephanie Roberson on behalf of League of California Community Foundations in support.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Jose Torres Casillas

    Person

    Chair and Members. Jose Torres with TechNet in proud support.

  • Keshav Kumar

    Person

    Thank you, Madam Chair and Members. Keshav Kumar with Lighthouse Public Affairs on behalf of Candid in strong support and appreciation of the author.

  • Rebecca Bauer-Kahan

    Legislator

    I'm excited for TechNet. They got to support something. And anyone here in opposition to this bill? I'm seeing none. Oh, yeah. Ms. Pellerin.

  • Gail Pellerin

    Legislator

    So this is a great bill. And I have a team member over in Santa Cruz working on a number of cases around this issue for our nonprofits. I think there's still one outstanding, and she has asked that I co-author. So if you'll take me, I would love to co-author.

  • Jacqui Irwin

    Legislator

    We will certainly take you. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Seeing no further comments. I wanna thank the author for continued work on this and your work with the committee. I know that this took a lot of work to get to where it is. Really appreciate it. I think it's in a really good place and will help our consumers and our nonprofits. It's a win win. With that, would you like to close?

  • Jacqui Irwin

    Legislator

    Yeah. And I would like to thank you for holding the oversight hearing on, you know, in response to the Speaker's desire to have more oversight on our bills. And I think this is, as a legislature, we should really be doing this, tracking our bills and continuing to meet with stakeholders and trying to fix issues that they've come up with as they've been trying to implement the bill.

  • Jacqui Irwin

    Legislator

    So this is still, we're gonna continue to work with all the stakeholders and make sure that we get this right because I am leaving at the end of this year, and we don't wanna have another seven years of trying to figure out if everybody is able to comply. So with that, I respectfully ask for your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. And I do, I agree. This is a perfect example of why the Speaker's initiative on oversight is so critically important. So thank him for his focus on this. With that, let's call the roll.

  • Committee Secretary

    Person

    Item number 16, AB 2221 by Assembly Member Irwin. The motion is do pass as amended to Appropriations. [Roll Call]

  • Rebecca Bauer-Kahan

    Legislator

    That has 13. We will leave it open for absent Members, but it's out. Okay. Mr. Lowenthal is still not here, so Ms. Wicks, you are up. Ms. Wicks, which would you like to present first?

  • Rebecca Bauer-Kahan

    Legislator

    So we will take AB 1856. And this, Mr. Patterson, this is the one you're recusing yourself of. Do you want me to make that statement? Do you want to make it? Great. Mr. Patterson's recusing himself.

  • Buffy Wicks

    Legislator

    I won't be personally offended. Madam Chair, Members. I would like to begin by accepting the committee's amendment, and thank your wonderful committee staff. California children are growing up with access to an online world that was not built with them in mind.

  • Buffy Wicks

    Legislator

    Last year, I did a bill, AB 1043, which essentially helped establish the Digital Age Assurance Act. This is an important piece of infrastructure of a bill so we can know, the age of the people on the platform. So the developers actually have what's called a knowledge standard.

  • Buffy Wicks

    Legislator

    So they know the age, of which then we can figure out all the other regulations we wanna do because now we know who is underage and who is not. That is the basic architecture and premise of the bill I did last year. Again, the bill went out into the wild.

  • Buffy Wicks

    Legislator

    It's gonna start be going to effect January 1. We've gotten a lot of feedback since the bill went in was passed and signed into law. The governor also had part of his signing some stuff he wanted me to work on as well. So we're trying to figure that all out.

  • Buffy Wicks

    Legislator

    So here we are in the process of figuring that all out. So what this bill will do, building on 1043, it clarifies that age signal bracket data pertains to the primary user of the device. It specifies that the bill only applies to operating systems that have an account setup feature.

  • Buffy Wicks

    Legislator

    It provides guidance on what internal information can be used as clear and convincing evidence when there are conflicting age signals. It prohibits covered entities from promoting a user to provide different age information, and integrates websites, that's a critical piece, into the Digital Age Assurance Act.

  • Buffy Wicks

    Legislator

    There's other issues that have been brought forth. The open source cord, open source code community, brought some issues forward to my staff and I are continuing to discuss with them and see if we can figure out some solutions.

  • Buffy Wicks

    Legislator

    And other people who've come out of the woodwork who wanna opine on this now are more than welcome to join the conversation and see if we can land this plane this year on a more comprehensive way to establish again the knowledge standard. Nichole Rocha is here representing Children Now. And when the time is right, I respectfully ask for an aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Ms. Rocha?

  • Nichole Rocha

    Person

    Good evening, Chair and Members. This used to say good morning. Now it says good evening. My name is Nichole Rocha. I'm here on behalf of Children Now. Children Now takes a whole child approach to improving the lives of California kids and works across health, education, early childhood, and foster care to ensure all kids have the supports they need to thrive.

  • Nichole Rocha

    Person

    Children Now was the sponsor of 1043 last year, and we are in support of this measure. First, AB 1856 will extend the protections of AB 1043 beyond apps to online products that are accessed through web browsers.

  • Nichole Rocha

    Person

    And second, the bill adds additional clarity to situations where multiple members of a family share a device by providing that the provisions of the bill apply only with respect to the primary user. I'm happy to answer any more technical questions, but Children Now urges your aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you so much. Any other folks here in support of this bill? Name, organization, and position.

  • Crystal Strait

    Person

    Thank you. Crystal Strait with Common Sense Media in support.

  • Unidentified Speaker

    Person

    ... for MAMA, Moms Against Media Addiction, in support.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Seeing no further support. Oh, no. Wait. One more. Oh, no. You're opposition. Okay. Opposition. Come on up. You got up a little too fast. I wasn't sure. When you're ready.

  • Melissa Patack

    Person

    Yes. Hi, Madam Chair, Members of the Committee. Melissa Patack with the Motion Picture Association. We are in a position of oppose unless amended. We've had very constructive conversations with the author, with staff, with your with the committee staff, which and we really appreciate all the amendments that have been made so far.

  • Melissa Patack

    Person

    And we just have a couple of issues that we'd like to express. We put in our in our memo. We understand and agree with the desire intent to protect children as they engage online with a variety of apps and websites. We also appreciate the desire to establish guardrails and safeguards around online engagement, and we do believe we have a positive contribution to add to the discussion.

  • Melissa Patack

    Person

    A number of the streaming services allow for an account holder, the person who subscribes to the service and establishes the account, to create subaccounts and then to select appropriate content that can be accessed by those subaccount holders.

  • Melissa Patack

    Person

    We believe this accomplishes what the bill seeks to accomplish, to give app developers information about the age category of a user and provide access to age appropriate content. Many of the streaming services do this already and would rather rely on their own business model and own and their own information rather than the information provided by the app store or the web browser.

  • Melissa Patack

    Person

    We understand that the bill does contain a clear and convincing standard for companies to use their own data, but we don't think there's sufficient clarity around when an app developer can rely on the information it already has as provided by the customer.

  • Melissa Patack

    Person

    So the amendments we are requesting include clear recognition that this business practice, which for simplicity we're calling a family account, but it could be a household account or a primary user account, that that having that if a streaming service has that model or any other app.

  • Melissa Patack

    Person

    This is not a carve out just for streaming services. But any other app developer has such a business model that it would satisfy the requirements of the bill. And we continue to look forward, we look forward to continuing to work with the author as the bill moves through through the process. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Second witness.

  • Kathleen Farley

    Person

    Hi. My name is Kathleen Farley, Vice President of Litigation at Chamber of Progress, and I'm also the mother of two young children. Like many parents, I feel overwhelmed by the challenges of teaching my children to safely navigate the online world, which is now an unavoidable part of modern life.

  • Kathleen Farley

    Person

    My five year old is already asking to use the Internet, to borrow our tablets, and to play online games that he hears about from friends and their big brothers. And candidly, the model that my own parents used just doesn't really translate to modern life.

  • Kathleen Farley

    Person

    Because my mom's rule was you have to finish practicing the piano before you can play Treasure Mathstorm, and that's just not the choice that I'm facing as a parent now. So I have been encouraged by the legislature's efforts to empower parents to make their own decisions about the media that their children access, much as we have done successfully in other contexts.

  • Kathleen Farley

    Person

    Last year, we saw another example of AB 1043, sort of tracking off of a tradition of voluntary reading systems that have long helped families navigate music, movies, television, and video games. After productive discussions, AB 1043 did reach a place for age signaling where as a first amendment lawyer, I did not see code red constitutional alarm bells.

  • Kathleen Farley

    Person

    But I worry that the amendments before us are moving away from that careful balance and not just of constitutionality but in terms of operability and practical implementation. The extension to websites really risks, as I read the as we read the text now, does not leave open ample alternative channels of communication.

  • Kathleen Farley

    Person

    The amendments, other amendments also make the scheme less coherent and as the Supreme Court has said, wildly under inclusive by removing the requirement that operating system providers offer an account setup feature with age input.

  • Kathleen Farley

    Person

    It's unclear why an operating system provider would continue to support multiple accounts per device if when with an age signaling framework tied to them if it could avoid compliance by simply opting out. I urge the committee to clarify the operations of these provisions.

  • Kathleen Farley

    Person

    We echo the concerns about clear and convincing that were just raised. And in along with what was just raised, whether subaccount should be specifically defined or perhaps renamed, and also that we expressed some concern about deleting rather than clarifying the definition of user. Chamber of Progress and its partners are eager to engage further, and I welcome any questions.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Additional witnesses in opposition? Name, position, and organization.

  • Timothy Lynch

    Person

    Tim Lynch representing the Entertainment Software Association. We're a tweener position. We've shared amendments with the author's office. We share many of the concerns of the MPA and have the added complexity of a single user across multiple devices and making sure we're serving age appropriate content in that manner as well. So we look forward to continuing.

  • Jose Torres Casillas

    Person

    Chair and Members. Jose Torres with TechNet in respectful opposition.

  • Chris Taylor

    Person

    Chris Taylor.

  • Rebecca Bauer-Kahan

    Legislator

    Is the mic on? Sorry about that.

  • Chris Taylor

    Person

    No worries. Okay. Alright. So I'm Chris Taylor. I'm a software engineer in the open source software community, and I respectfully oppose unless amended. And I wanna thank Assembly Member Wicks for giving us a shout out.

  • James Snow

    Person

    Good evening. My name is James Snow. I'm a retired technology professional, and I'm also now an operating system provider as defined by AB 1043. I strongly oppose this bill and would request that you respond to my repeated attempts at outreach to discuss the problems with the bill. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Thank you for being here. Seeing no further opposition in the room. Bringing it back to the dais. Questions, concerns, questions? I said questions twice, I think. Okay. Seeing none. I will express my gratitude to the author.

  • Rebecca Bauer-Kahan

    Legislator

    In this committee last week, we heard Assembly Member Lowenthal's age related legislation. And what underpins all of our efforts to protect children is this legislation. It's our ability to know who the children are online, and you really are leading and enabling us to do so in a privacy protected way, but this expansion to the websites is critically important to that work.

  • Rebecca Bauer-Kahan

    Legislator

    And so I really appreciate what you're doing here. Also, I know the clear and convincing evidence language that the opposition doesn't love was in part to deal with the opposition's concerns. So I know you're trying, and I appreciate that. So with that, would you like to close?

  • Buffy Wicks

    Legislator

    Thank you for that. And welcome the conversation with opposition, both up here and whoever came. I'm happy to chat after committee as well back there. Okay. And have more conversations. It's a technical bill.

  • Buffy Wicks

    Legislator

    Obviously, I think we're happy to continue to work on fixes. You know, we added the clear and convincing in an effort to try to remediate some of the issues. So we'll keep working on that. So with that, respectfully ask for an aye vote. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    We do have a motion and a second. Let's call the roll. Thank you, Ms. Petrie-Norris and Ms. Ortega.

  • Committee Secretary

    Person

    Item number 13, AB 1856 by Assembly Member Wicks. The motion is do pass as amended to Appropriations. [Roll Call]

  • Isaac Bryan

    Legislator

    We're happy to hear your next bill whenever you're ready.

  • Buffy Wicks

    Legislator

    Thank you, mister chair and members. I wanna thank the committee staff again for their hard work, and we accept the committee amendments. Our job as legislators is to protect our communities, especially our kids who are one of the most vulnerable. Our kids are the priority, and we need to make sure that, we protect their well-being. The digital landscape is continually changing, and new types of technology are becoming more accessible to our kids.

  • Buffy Wicks

    Legislator

    As a mom of two young girls, I continue to think about how all this technology will impact them as they grow up. More and more kids are using new technologies and AI chatbots. We have seen that there are so many risks to these new technologies, especially prolonged interactions with chatbots. The increase in prolonged interactions leading to harmful consequences that impact physical and mental health children are real.

  • Buffy Wicks

    Legislator

    There have been numerous horrific stories of AI chatbots leading children to commit self harm, some of which even committing suicide.

  • Buffy Wicks

    Legislator

    Therefore, we need to ensure that there are basic guardrails for our kids to navigate online spaces safely. I'm proud to author AB 2023 along with my joint author here, the chair of this committee, because we want to be sure that our kids are safe when they are using this technology.

  • Buffy Wicks

    Legislator

    Specifically, AB 2023 creates this comprehensive framework by regulating chat bots for children by requiring, one, age verification of users as discussed in the last bill, risk assessments, safeguards including default settings, parental control, noticing, and measures to prevent suicide ideation or self harm, prohibitions against targeted advertising to children, and selling or sharing children's information. Third party audits for compliance, amongst other things.

  • Buffy Wicks

    Legislator

    This bill builds on the good work, from Senator Padilla last year and Miss Bauer Kahan, our chair here, who's been a strong advocate in this space and has had the fortunate, although unfortunate reality of getting to know a lot of the folks who've been negatively impacted by the technology. And I know she wants to talk about some of those experiences here.

  • Buffy Wicks

    Legislator

    We also have Nicole Rocha representing Children Now. And when the time is right, respectfully ask for an aye vote.

  • Rebecca Bauer-Kahan

    Legislator

    I wanna begin by thanking assembly member Wicks for her partnership on this bill. As you may all recall last year, I moved a bill through the legislature that dealt, frankly, in a more narrow way with chatbots. And, after we saw efforts by some to do this by ballot initiative, we decided to pair up with Senator Padilla and move this legislation in a way that would really put, children first and put the legislature at the forefront of solving this policy, here in the deliberative process.

  • Rebecca Bauer-Kahan

    Legislator

    Yesterday, the three of us had the opportunity to meet Maria Rain. Maria's son, Adam, started to use ChatGPT for math help, frankly, like my own teenager does.

  • Rebecca Bauer-Kahan

    Legislator

    And Adam then started to have conversations with the chatbot about more personal things. And he went down the rabbit hole with the chatbot where eventually he was using it to give him advice about his challenges with his mental health until, it finally the last thing that chatbot said to him was, you don't wanna die because you're weak. You wanna die because you're tired of being strong in a world that hasn't met you halfway. And then Adam took his own life.

  • Rebecca Bauer-Kahan

    Legislator

    The chatbot, frankly, told him how to take his life.

  • Rebecca Bauer-Kahan

    Legislator

    And, she showed us this beautiful picture of Adam where he, it was taken just a few weeks before he died. He had asked the chatbot how to cover, the attempt that he had made just the night before to take his own life that the chatbot had guided him through, and then told him how to hide it from his family. Adam was a basketball player. He was someone who loved his family more than anything. His best friend was his brother.

  • Rebecca Bauer-Kahan

    Legislator

    His little sister cherishes him to this day, and he is no longer with us because a chatbot told him how to take his own life. There is no other product that we would allow on the market to harm our children in that way. And I and so to me, this is just common sense that if you are going to create a product that we are going to put before our children, that it has to be safe by design.

  • Rebecca Bauer-Kahan

    Legislator

    That you have to have tested it to make sure it will not tell my child how to die by suicide. Fundamentally, that seems common sense.

  • Rebecca Bauer-Kahan

    Legislator

    And so I hope that the companies are already doing what's in this legislation, because it is the bare minimum. Gemini is now available in Google Classroom, which is available in most classrooms across the state. Our kids are in front of these chatbots every day. And we just need to make sure that when they're put in front of our children, they are not sycophantic. They are not going to cause them to be, harming themselves.

  • Rebecca Bauer-Kahan

    Legislator

    They're not going to be coaching them in eating disorder behavior, that they will not coach them in how to commit a mass shooting, one of the more recent cases that we've seen of the harms of these chatbots. And so this bill, does exactly that and I'm incredibly proud of this work. It will lead the nation in protecting children from these chatbots.

  • Rebecca Bauer-Kahan

    Legislator

    While I might add, at the same time, ensuring that we trust the chatbots that our children have, allowing them to engage with them in ways that are safe and to grow using them. And I will tell you that yesterday, the press asked Maria Rain, asked both of us, you know, what would you say to the parents, and we gave very different answers.

  • Rebecca Bauer-Kahan

    Legislator

    I talked about the benefits. Maria's answers was, I wouldn't let your child near these things until we know they're safe. And we all understand why she said that, but it's California's job to make sure they're safe. And with that, I'll turn it over to Nicole.

  • Nicole Rocha

    Person

    Thank you, chair members. I'm sorry. You're the chair.

  • Buffy Wicks

    Legislator

    You're the chair.

  • Nicole Rocha

    Person

    I'm here on behalf- Nicole Rocha here on behalf of Children Now. Like I said before, Children Now takes a whole child approach to improving the lives of California kids and works across health, education, early childhood, and foster care to ensure that all kids have the supports they need to survive- sorry, to thrive.

  • Nicole Rocha

    Person

    It's late in the day.

  • Nicole Rocha

    Person

    I won't go through the the details of the bill since they've been covered already. But I will say from Children Now's perspective, the most meaningful part of this bill comes in the form of default settings for child users. Default settings place no additional onus on parents to activate safeguards for their children, but allow parents to opt out of those safeguards if necessary or if they feel that it's appropriate.

  • Nicole Rocha

    Person

    And so some of the defaults that have been included in this particular bill are no persistent conversational memory. Chatbots must operate in ephemeral mode, which means that it wouldn't carry from one conversation over until another.

  • Nicole Rocha

    Person

    Similarly, the bill prohibits excessive sycophancy. Chatbots are also not allowed to send push notifications to children during school hours or when kids are supposed to be asleep, and there are default limits for chats. They're set to one hour per conversation, and a max daily time per platform is set to two hours. These will be really important protections for families trying to keep their kids safe and should also help limit the addiction that kids have to these spots.

  • Nicole Rocha

    Person

    So, Children Now urges an aye vote, and I'm happy to answer any questions.

  • Isaac Bryan

    Legislator

    Thank you so much. Are there any other persons in the hearing room in support of this measure?

  • Savi Christian

    Person

    Savi Christian in Code AI here in support. Thank you.

  • John Bennett

    Person

    John Bennett with the California Initiative for Technology and Democracy in support.

  • Diana Manuelian

    Person

    Diana Hawkins Manuelian with Mothers Against Media Addiction in support.

  • Crystal Strait

    Person

    Crystal Strait with Common Sense Media. Really appreciate a legislative solution to this. Thank you.

  • Tracy Rosenberg

    Person

    Tracy with Oakland Privacy Chair. Would it be okay to tween her very, very quickly right here?

  • Rebecca Bauer-Kahan

    Legislator

    I'm not in charge.

  • Isaac Bryan

    Legislator

    Yes.

  • Tracy Rosenberg

    Person

    Okay. Alright. Very quickly. We absolutely support online safety audits for chatbots. We would just make the point as we did with Senator Padilla yesterday that online harms don't turn off like a spigot at 18, and we would like to see the online safety audits if we're going to set them up expanded to users of all ages because after all, everyone is someone's child. Thanks.

  • Isaac Bryan

    Legislator

    That was not a bad tween. Yeah. Are there any persons in the hearing room in opposition to this measure?

  • Isaac Bryan

    Legislator

    You have two minutes each and whatever order you prefer.

  • Isaac Bryan

    Legislator

    Absolutely.

  • Ronak Daylami

    Person

    Thank you. Ronak Daylami with Cal Chamber. This is on. Right?

  • Rebecca Bauer-Kahan

    Legislator

    Yep.

  • Ronak Daylami

    Person

    Yes. Okay. Thank you. Ronak Daylami with Cal Chamber in a respectful oppose unless amended position. Wanna start by really thanking the authors for inviting us to the table on this critical public policy discussion as we do share the goal of preventing harm to children.

  • Ronak Daylami

    Person

    You often hear us talk about supporting tools that can help with education, research, and innovation and prepare our youth for a technology driven future, but this is not at all costs. We are committed to achieving these goals responsibly, balancing them with age-appropriate guardrails to keep youth safe. And the legislature is the right place to for these complex conversations, not the ballot.

  • Ronak Daylami

    Person

    We appreciate that AB 2023 generally allows access to AI tools while ensuring different levels of protection through impact assessments, default protections, and parental controls. We do see some issues to work through, and we believe we can get there.

  • Ronak Daylami

    Person

    While we look forward to seeing the actual language, we appreciate that a couple of the amendments described in the analysis seem responsive to a few of our concerns by clarifying, for example, the scope, applies to child users and adding some clarity to some of the privacy and discrimination covered harm categories tying them to applicable state and federal law.

  • Ronak Daylami

    Person

    We still have some concern with the covered harm definition and so far as what's meant by psychological or emotional harm when the term, child spans a wide range of developmental stages up to the age of 18. We're also very interested to see the amendment prohibiting the sharing of audit reports with private advocacy groups as any sharing of this information with nongovernmental entities is highly concerning to us.

  • Ronak Daylami

    Person

    Similarly, mandating public disclosure of detailed safety assessments for each company chatbot could discourage candid rigorous assessments over concerns that they could get used in litigation or by competitors. So we would like to see that limit as well, as well as any regulatory authority to the AG, we do think progress has been made on this.

  • Ronak Daylami

    Person

    Most important, the amendments may have actually heightened one of our concerns that operators will have to foresee and foreclose against all possible risks of harm before making a chatbot available. This is an issue in terms of with less than clear standards with covered harm and liability being judged with the benefits of hindsight, it's an incredibly high standard significant liability risk should you miss something despite your best efforts, and that's something that smaller developers could really struggle with.

  • Ronak Daylami

    Person

    And we also know that operators under the bill are any persons public or private who make chatbots available. So some folks may not be able to absorb those levels of risk. So that's something that we're looking forward to working through with the authors and really appreciate them for including us in the conversations.

  • Ronak Daylami

    Person

    Thank you.

  • Dylan Hoffman

    Person

    Thank you. Mister chair and members. Dylan Hoffman on behalf of TechNet and respectfully oppose unless amended to AB 2023. Also, wanna share my colleagues' appreciation for the authors for involving us in these conversations, as well as the work of this committee. I do appreciate some of the amendments.

  • Dylan Hoffman

    Person

    They do seem to be moving in the right direction. So for the large part, my comments today will be to the bill in print, but we look forward to reviewing the language and continue to make progress here. So, I wanna touch on on four primary concerns with the bill. First, timing and overlap. SB 243 was just enacted last year, went into effect this year, and companies are still in the process of building compliance systems.

  • Dylan Hoffman

    Person

    AB 2023 creates overlapping and, in some cases, conflicting requirements on the same issues, such as disclosures and crisis response protocols moving forward. Before we understand how SB 243 is working, risk creating confusion and undermining some of that compliance, look forward to working out some of those kinks and making sure that those work effectively. Second, the bill relies on broad and highly subjective standards. My colleague mentioned, some of the definitions around psychological and emotional harm.

  • Dylan Hoffman

    Person

    When, those terms are difficult to define and even harder to operationalize consistently across different products and having unclear standards can really impact our ability to comply effectively, which oftentimes reduces safety rather than enhances it.

  • Dylan Hoffman

    Person

    Third, wanna we would I'd like to address some of the overly prescriptive aspects of the bill, some of the mandates around, time limits, design features, and system behaviors across a wide range of AI tools and just highlight that. Because these tools vary considerably, oftentimes from a homework companion, to a more broad general-purpose assistance that a one size fits all approach to some of these risks may limit some of these beneficial uses without effectively targeting the highest risk scenarios.

  • Dylan Hoffman

    Person

    And finally, I wanna touch on the enforcement structure. The bill creates multiple overlapping enforcement pathways, including a private right of action, which increases the risk of duplicative and inconsistent mitigation. With that said, we believe there is a path forward, and that's part of why our organizations and our coalition have been working and having great conversations with the author's office and stakeholders and plan to continue to do so. And with that, appreciate your time today.

  • Isaac Bryan

    Legislator

    Thank you so much. Are there other persons in the hearing room in opposition to this measure?

  • Annalee Akin

    Person

    Hope you. Annalee Augustine on behalf of the Civil Justice Association of California also respectfully oppose unless amended at this time. Thank you.

  • Aodhan Downey

    Person

    Aodhan Downey with the Computer and Communications Industry Association. Wanna align our comments with the chamber, also in an opposing unless amended position. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. We'll now turn it back to the dais. Questions, comments, concerns from colleagues? Mister Lowenthal.

  • Josh Lowenthal

    Legislator

    Just very briefly, I want to thank the authors for such meaningful legislation that affects my family. I appreciate the way you approach legislation, the way you're inclusive, the way you engage opposition. I wanna commend the two of you for creating a blueprint for the rest of us to be able to work on these types of issues. And the work that's been done in this committee, in this room, reverberates around the world, including this bill right now.

  • Josh Lowenthal

    Legislator

    I do have a question about the bill, that either you can answer.

  • Josh Lowenthal

    Legislator

    This bill is not indicative or it does not narrow chatbots to any particular medium. Correct? It can be chatbots across toys, Internet platforms, not strictly social media.

  • Rebecca Bauer-Kahan

    Legislator

    Correct.

  • Josh Lowenthal

    Legislator

    So if anybody was asking about a question, say, about social media restrictive of certain feature sets that may include chatbots, that would not remedy exhaustively everything that's in this bill correctly. Correct?

  • Rebecca Bauer-Kahan

    Legislator

    I don't think I understood the question.

  • Buffy Wicks

    Legislator

    Yeah. Sorry.

  • Josh Lowenthal

    Legislator

    If there's other legislation that restricts the use of chatbots elsewhere, strictly on social media, that doesn't remedy the tenants of this.

  • Buffy Wicks

    Legislator

    Right. That's right.

  • Rebecca Bauer-Kahan

    Legislator

    Yep. That's right.

  • Josh Lowenthal

    Legislator

    Okay. Yeah. Well, thank you again for for bringing this forward. I'm totally supportive of this and would like to be out of this co author if you have me.

  • Buffy Wicks

    Legislator

    We'd love to. Thank you.

  • Buffy Wicks

    Legislator

    Can I speak with you? Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah. We'd love to have you. Of course.

  • Buffy Wicks

    Legislator

    Yeah. We'll take you. We'll take anyone who has access to a green button.

  • Rebecca Bauer-Kahan

    Legislator

    It's a good way putting it.

  • Isaac Bryan

    Legislator

    Yeah. Any other questions, comments, concerns from colleagues?

  • Isaac Bryan

    Legislator

    Miss Irwin?

  • Jacqui Irwin

    Legislator

    I know we wanna be done, but I I'm just curious if you have there was it's interesting to look at the opposition. Some of it is that it goes too far, and then there is from University of San Diego that it doesn't go far enough. So, one of the things they mentioned was scheming where the if you're doing a risk assessment that the chatbot would actually lie.

  • Jacqui Irwin

    Legislator

    And the claim is that your bill is not explicitly calling that out. So have have you looked at some of the issues that's that were brought up in the letter from this group?

  • Rebecca Bauer-Kahan

    Legislator

    I mean, it's really an interesting point because I have, you know, had the privilege to talk to some of the foremost experts in artificial intelligence in the world. And, part of what we're dealing with and the opposition is dealing with is that I think, honestly, it's virtually impossible to get something that's a 100% safe, which is scary. But we all, I think agree with that notion. And so, the question is, how do we get these as safe as possible?

  • Rebecca Bauer-Kahan

    Legislator

    So, yes, I mean, we are already seeing examples of AI systems that are scheming, that are trying to get around safeguards.

  • Rebecca Bauer-Kahan

    Legislator

    Anthropic is disclosed instances of that nature, so people understand how it's happening. But I think what this what this legislation does is really ensure that we are using the best in class attempts to get it as safe as possible,

  • Rebecca Bauer-Kahan

    Legislator

    Which is the stress testing, you know the in the assessments and making sure that, you know, there is independent eyes on that to get it as safe as possible. And hopefully, over time that will become even better and better. But it's frightening to know that they won't be a 100%. Although I will say one of the things that makes AI safer is less memory. So that was mentioned by children now.

  • Rebecca Bauer-Kahan

    Legislator

    We know these systems, the longer they have the memory, the less they are faithful to the safeguards that the companies are putting into them. And so, ensuring that children's systems have less memory will inherently make them safer.

  • Rebecca Bauer-Kahan

    Legislator

    Do you wanna add anything?

  • Isaac Bryan

    Legislator

    Seeing no other questions and comments. Madam authors, would you like to close?

  • Buffy Wicks

    Legislator

    Sure. You know, we've been working really, in a very collaborative fashion with Senator Padilla and Senator Cabaldon on this as well. And so, we've been trying to make sure we have a good working relationship with our friends in the Senate on such an important bill, which I think is critical.

  • Buffy Wicks

    Legislator

    I'll also say, we've had a really big tent in terms of wanting to make sure we're talking to all of the advocacy organizations that care about this, all of industry who cares about this, that it goes to the legislative process so that we can really hear from everyone on their points of view on this. But what we're really trying to do is solve a pretty simple problem as my colleague here stated.

  • Buffy Wicks

    Legislator

    72% of teens access an AI chatbot. 72% of teens. Many of them view it much more in a quasi human form than adults do, and they're very impressionable at that age, going through a lot of hormonal ups and downs, trying to figure out their identity, trying to figure out who they are as people. And if they start to view chatbots as quasi human and those chatbots are leading them down the wrong road, that is where we have grave issues.

  • Buffy Wicks

    Legislator

    So that's what we're trying to solve here.

  • Buffy Wicks

    Legislator

    And with that, respectfully ask for an aye vote. And would you like to close as well?

  • Rebecca Bauer-Kahan

    Legislator

    Sure. Yeah. Last year, Sewell Sutzler's mom was here in this committee talking about Sewell's life and how valuable it was and his life being taken by one of these chatbots. Yesterday, Maria Raine was in this building talking about Adam. One of the things that Maria told us was that prior to his death, Adam deleted everything on his phone except his, chatbot history.

  • Rebecca Bauer-Kahan

    Legislator

    And it was the only thing they found. And she said it was a message to her from Adam that this should be her life's work, making sure she protects other children from suffering the same consequences. And so in his memory today, I respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    That is an incredibly powerful close. Now while she hasn't told me explicitly, I'm just going to assume that the chair has an aye reco on this bill.

  • Rebecca Bauer-Kahan

    Legislator

    Madam secretary, can you call the roll?

  • Committee Secretary

    Person

    Yes. Item number 14, AB 2023 by Assembly members Wicks and Bauer Kahan. The motion is do passed as amended to appropriations. Bauer Kahan?

  • Rebecca Bauer-Kahan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Bryan, aye. Demaio? Hoover?

  • Committee Secretary

    Person

    Bauer Kahan, aye. Macedo? Bryan?

  • Isaac Bryan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Hoover, aye. Irwin?

  • Jacqui Irwin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Irwin, aye. Lowenthal?

  • Committee Secretary

    Person

    Lowenthal, aye. McKinnor?

  • Josh Lowenthal

    Legislator

    Aye.

  • Tina McKinnor

    Legislator

    Aye.

  • Committee Secretary

    Person

    McKinnor, aye. Ortega?

  • Liz Ortega

    Legislator

    Aye.

  • Committee Secretary

    Person

    Ortega, aye. Patterson? Petrie Norris?

  • Committee Secretary

    Person

    Petrie Norris, aye. Ward?

  • Cottie Petrie-Norris

    Legislator

    Aye.

  • Committee Secretary

    Person

    Excuse me. Oh, I'm sorry. Sorry.

  • Committee Secretary

    Person

    Okay. Patterson? Pellerin, aye. Petrie Norris was an aye. Ward?

  • Committee Secretary

    Person

    Ward, Aye. Thank you. Wicks?

  • Buffy Wicks

    Legislator

    Aye.

  • Committee Secretary

    Person

    Wicks, aye. Wilson?

  • Committee Secretary

    Person

    Wilson, aye.

  • Committee Secretary

    Person

    Thank you. And some of the- Demaio.

  • Committee Secretary

    Person

    It says number item 14, AB 2023. No. Demaio, no.

  • Rebecca Bauer-Kahan

    Legislator

    He didn't hear madam rest here.

  • Committee Secretary

    Person

    Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    And hesitation. 2023?

  • Committee Secretary

    Person

    Yes. No. No. Came in two. Okay.

  • Committee Secretary

    Person

    Macedo, no. Thank you.

  • Committee Secretary

    Person

    My bill had12 votes.

  • Isaac Bryan

    Legislator

    Mister Lowenthal, whenever you're ready. Whenever you're ready, sir.

  • Josh Lowenthal

    Legislator

    Thank you, Mister chair and members. Thank you for I know it's the end of a long day. It's my fourth build presentation today. We've all had those days. Tough to focus on the big ones and the civic one.

  • Josh Lowenthal

    Legislator

    I wanna thank you for the opportunity to present AB 2169, which would establish the Digital Choice Act. This bill is about one very simple concept. Californians should have intellectual property over their own digital footprint. They should have control over their own digital lives, not be locked into platforms. I want to begin by accepting the committee amendments.

  • Josh Lowenthal

    Legislator

    I wanna thank you to to the chair and to the staff for their work on this bill. Today, users create years of photos, messages, relationships, content online, research online. However, if they wanna leave a platform, they often have to abandon that history and start over. AB 2169 gives consumers the right to take their data with them.

  • Josh Lowenthal

    Legislator

    The bill requires social media companies and AI platforms upon request to provide a copy of the user's personal information, contextual data, and social graph within five business days in a portable and usable format.

  • Josh Lowenthal

    Legislator

    That means consumers, not corporations decide where the social graph they built, their memories, their contacts, their prompts, and their digital history goes. AB 2169 also creates interoperability requirements so users can connect across services similar to how email works between providers. Consumers should not lose access to friends or communities simply because they choose to move a to a product that works better for them. Competition in the digital marketplace has been stifled because platforms benefit from lock in effects.

  • Josh Lowenthal

    Legislator

    If users can move their data and connections easily, new companies can compete on privacy, safety, innovation, and quality.

  • Josh Lowenthal

    Legislator

    This is especially important for families and young people who should have the ability to move to healthier online environments without losing years of connections and content. I wanna provide a real-world example of who this bill will help. Imagine, if you will, a teenage girl who's experiencing bullying and harmful content online. She's using one of the major social media apps. Over time, the platform's algorithm rapidly pushes content about extreme dieting, about appearance, and self-harm.

  • Josh Lowenthal

    Legislator

    She's also being bullied by classmates and comments and DMs. We've heard many of those firsthand stories here in this room. Her parents encouraged her to move to a safer platform with stronger moderation tools and a healthier algorithm and she agrees to do that. However, today, that is very difficult. She's afraid that if she leaves, she may lose her photos and memories, her friends, her group chats and communities, years of content.

  • Josh Lowenthal

    Legislator

    It is this lock in that keeps many people and especially young people on platforms that are harming them. With the Digital Choice Act, she could request a portable copy of her data and social graph and transfer it to another platform where technically feasible. She could move to a safer, youth focused platform without losing every everything she created online. Platforms would need to compete on safety and user well-being, not just on addiction and engagement. This bill includes clear guardrails.

  • Josh Lowenthal

    Legislator

    Companies are not required to disclose proprietary algorithms, ranking systems, trade secrets, or internally derived analytics. California has always led the way on consumer privacy, and AB 2169 is the next step, moving from privacy rights alone to real consumer choice and digital freedom. This is not anti-technology. This is pro consumer. It is pro competition. It is pro innovation.

  • Josh Lowenthal

    Legislator

    AB 2169 makes it clear that your data belongs to you, and your digital future should belong to you. Here to testify in support of the bill is Diana Hawkins-Manuelian, a Parent and Social Scientist speaking on behalf of Mothers Against Media Addiction, and Matthew Lipka, Policy Adviser at Project Liberty.

  • Matthew Lipka

    Person

    Thank you, chairs and members. I'm Matthew Lipka with Project Liberty, sponsor of AB 2169, the Digital Choice Act. Project Liberty builds open technology for a better Internet. Many of the harms we see on social media today, we believe stem from a market failure. Lack of competition and the ability to control your own data makes users the product, not the consumer, because those individuals can't leave.

  • Matthew Lipka

    Person

    Nearly half of Gen Z says that they wish platforms like TikTok and Snapchat were never invented, but they can't leave without their friends and content. One News Chicago study asked students how much would they need to pay the student to leave TikTok, and they said, actually, we would pay you $30 if you could also get my friends to move to a new platform.

  • Matthew Lipka

    Person

    AB 2169 would make that possible by making it easy for people to take their data to platforms that better serve their needs and delete their data from platforms that have lost their trust. This has three big benefits. First, it spurs innovation by letting individuals, not just content creators, bring their social connections and AI history to emerging platforms.

  • Matthew Lipka

    Person

    Second, it forces companies to compete on user experience, earning loyalty through better features and content quality. Third, it protects privacy by conditioning all sharing on explicit user consent and allowing individuals to leave platforms with weak security. The technology to do this exists. For example, Project Liberty developed a free open protocol for social networking. It's one of half a dozen such protocols that together are used by more than 70,000,000 people worldwide.

  • Matthew Lipka

    Person

    There are new platforms that that use this that offer algorithms that prioritize healthy content and stronger block features for online trolls. Social companies' social media companies must already implement these protections to comply with Utah's similar law. AB 2169 builds on this by extending those protections to social to from social media to also include AI and, of course, to the people of California. I urge your support. Thank you.

  • Diana Manuelian

    Person

    I'm Diana Hawkins-Manuelian speaking on behalf of MAMA. I'm a Parent and a Social Scientist. My Doctorate's from Harvard, and I've taught at Stanford and MIT on the social and psychological effects of technology. I'm here to urge you to pass the Digital Choice Act, AB 2169, for three reasons. One, it gives consumers the freedom to leave.

  • Diana Manuelian

    Person

    Two, it creates accountability through competition. And three, opens the market to innovation. Today's platforms function as closed systems that lock users in by controlling their data, relationships, and digital histories. A child or family who wants to leave a bad platform faces an impossible choice, abandoning their photos, their followers, and years of relationships, or stay. The platforms know they will stay.

  • Diana Manuelian

    Person

    This is not a free market. This is a trap. By mandating data portability and inoperability, families can finally leave and choose platforms that don't expose children to harmful content, gambling, and predators. Inoperability has already driven improvement in banking, telecommunications, and health care. This applies that same proven approach to social media and AI.

  • Diana Manuelian

    Person

    It also opens the market to genuine innovation. New approaches exist today but cannot reach scale because the incumbents control the data. The current social media landscape is a data monopoly. This will allow competitors to gain access to the data necessary to build new products and train new AI models. Our children deserve safer platforms, real choices, and the freedom to leave.

  • Diana Manuelian

    Person

    Please vote yes on AB 2169.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you both. Anyone here in support of the bill join us? Name, position, and organization.

  • Tracy Rosenberg

    Person

    Tracy Rosenberg with Oakland Privacy in support of the bill and also conveying support on behalf of Privacy Rights Clearing House.

  • Chris Taylor

    Person

    Chris Taylor, software engineer in the open-source community. I've never heard of this bill until just now. I think it's awesome. I support.

  • Rebecca Bauer-Kahan

    Legislator

    That's the kind of engagement we like in here.

  • John Bennett

    Person

    John Bennett with the California Initiative for Technology and Democracy in support.

  • Nichole Rocha

    Person

    Nicole Rocha expressing support on behalf of Children Now, Tech Oversight California, Anxious Generation, the Children's Advocacy Institute out of the University of San Diego School of Law, Kapor Center Advocacy, Tech Equity Action, and the Transparency Coalition. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. I think I see opposition on their way up. We love the readiness this late hour.

  • Aodhan Downey

    Person

    You're not gonna like my request then, chair.

  • Rebecca Bauer-Kahan

    Legislator

    Oh, to talk longer?

  • Aodhan Downey

    Person

    Being the only opposition, would you mind?

  • Rebecca Bauer-Kahan

    Legislator

    I mean, okay. But just so you know, they're all grumpy. Talking last night when you weren't friends.

  • Aodhan Downey

    Person

    I was in here last night. Seems like it was a good thing, but good evening, chair. Like a member of the committee. I'm Aodhan Downey representing the Computer and Communications Industry Association here to express our opposition to AB 2169. While we support, consumer convenience, this bill creates significant risks to privacy and constitutional freedoms that far outweigh its perceived benefits.

  • Aodhan Downey

    Person

    The core of our concern is that forced interoperability fundamentally compromises user data. By requiring a continuous, easily accessible, and readable stream of sensitive personal information through open protocols, we're creating an astronomical data privacy risk. Some of these risks include loss of data control. When a user ports data to a third party, the original service loses the ability, to ensure that data is ever deleted, which would effectively nullify the ease of the existing CCPA deletion rates. Third party vulnerabilities, not all services are created equal.

  • Aodhan Downey

    Person

    A user might move data from a secure platform like Facebook to a legacy service with lesser security, and I don't wanna pick on them, but they're an older social media such as Myspace where their sensitive information could be more easily stolen. This bill also appears to require the extraction of data irrespective of the preferences of the connected user. If I move my data, I may be moving your interactions with me to a new service without your consent. We also think the bill creates systemic risk.

  • Aodhan Downey

    Person

    The AG's authority to identify specific open protocols incentivizes every platform to use the same government vetted technology, which creates a single point of failure.

  • Aodhan Downey

    Person

    A single vulnerability could expose the entire digital ecosystem to hackers or even foreign adversaries. AB 2169 also raises serious first amendment concerns by infringing upon a platform's editorial discretion. The bill effectively requires a business to display content from other sites even if it is against its terms of service.

  • Aodhan Downey

    Person

    Courts have continued to found that, digital services have editorial discretion over their own platforms, and this bill essentially gives the user veto power over multifaceted design decisions that are carefully crafted to help a platform achieve its objectives with a host of legal, privacy, safety, financial and other considerations also in play. To put this in perspective, I'll have fun with a little analogy.

  • Aodhan Downey

    Person

    It'd be like if the government forced MSNBC to host a user's, former Infowars content on their site because the new user moved their account data. This is a clear violation of protected editorial discretion and mirrors the concerns we have with this bill. Finally, the requirements in this bill are simply not technically feasible. Secure open protocols that operate at the scale do not yet exist, requiring businesses to build interfaces for unproven protocols jeopardizes privacy. And we believe the existing law is sufficient.

  • Aodhan Downey

    Person

    California already has the CCPA, which provides robust data portability rights. Furthermore, industry led initiatives, like the data transfer initiative, are already providing seamless service to service transfers through engineering consensus rather than rigid legislative mandates. I think we should learn from other jurisdictions like Utah where similar legislation has hit major roadblocks and has already been delayed to do these very implementation concerns. AB 2169 is an unnecessary intervention in a market that is already innovating to serve consumers.

  • Aodhan Downey

    Person

    It risks creating a permissible innovation environment where the attorney general acts as the chief technology officer for the private sector, stifling the evolution of consumer minded products.

  • Aodhan Downey

    Person

    For these reasons, we respectfully urge a no vote on, AB 2169. Thank you.

  • Aodhan Downey

    Person

    Thank you. Other opposition?

  • Jose Torres

    Person

    Chair members, Jose Torres with TechNet in opposition.

  • Annalee Akin

    Person

    Annalee Augustine with the Civil Justice Association of California also opposed. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Annalee, were you here on the first bill at 8AM and the last bill now? I think perhaps.

  • Laura Bennett

    Person

    She didn't get rest all day long.

  • Rebecca Bauer-Kahan

    Legislator

    I mean, Yeah.

  • Laura Bennett

    Person

    Laura Bennett, I'm behalf of California team of Commerce in opposition. Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Seeing no further opposition in the room, we'll bring it back to the dais. And just so you know, we just did a little research, and Myspace is still around. We didn't understand the point until we looked it up. So

  • Aodhan Downey

    Person

    Certainly still a service. Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah. Who knew? Miss Irwin, did you have comments?

  • Jacqui Irwin

    Legislator

    Well, I think I've started almost every round of questions. So, I actually do think on this, the opposition has some compelling arguments. But I what I would like to know is, the rights that you get from CCPA and the portability offered by that, how is that different than what you are recommending?

  • Josh Lowenthal

    Legislator

    Okay. Yeah. Through the chair, I looked at my witness answer to this question. Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    Go ahead.

  • Matthew Lipka

    Person

    So there's two there's two big differences, the scope and the continuity. So the personal information that you provide to a a service is covered by CCPA, but not all of your interactions. If you have an anonymous account, that may not include personal information, so that may not be covered. In the case of contextual data, it's about two way conversation. So the you're you have provided prompts to the AI, but you need two the response to those prompts to make sense of that conversation.

  • Matthew Lipka

    Person

    So, it's expanding the scope to all the relevant data. The other big difference is continuous and real time. So, the bill doesn't require, anyone to receive the data, to import or display. It does require it to be continuously exported at the request of a user. What's available now through DTI or CCPA is a one-time transfer.

  • Matthew Lipka

    Person

    And so if you think about someone trying to leave and move to a new platform but wants to stay in touch with their friends, that continued continuity of the transmission is critical to maintain a you know, a real conversation across platforms.

  • Rebecca Bauer-Kahan

    Legislator

    Great. Oh, yeah. Miss Pellerin.

  • Gail Pellerin

    Legislator

    So I'm trying to wrap my head around all this. So if you move from one platform to another platform and you want your friends to be on the new platform, how do they get moved?

  • Josh Lowenthal

    Legislator

    That not a component of this, actually. It's about it's about the data that you actually put up in there.

  • Gail Pellerin

    Legislator

    Okay.

  • Gail Pellerin

    Legislator

    But they but they-

  • Josh Lowenthal

    Legislator

    As matter as matter of fact, when it comes to comments that somebody would make, let's say, on a photo that you have of your family and you together, the bill requires that there is authorization by any end user for that to be taken over, and so that would that wouldn't work either. So, it's actually about the content itself. The photo would go, but not the comments from somebody who had not authorized it to be ported over.

  • Gail Pellerin

    Legislator

    Okay. And then I'm also just thinking that, you know, I get it that you go on to a platform and then the algorithm hits, then all of a sudden, you're getting inundated with all these ads and things that you don't wanna see, and you're getting negative comments from friends or people. What prevents that from happening all over again at the next platform?

  • Josh Lowenthal

    Legislator

    Well, nothing does. And as a matter of fact, I wanna remind everybody here when it comes to both social media and AI, these are not free speech environments, except for the platforms themselves. So they control all of the speech on on your feeds and what you can or cannot say. They can take down your post and so forth.

  • Josh Lowenthal

    Legislator

    And for those of my colleagues across the aisle in this hearing room, you'll remember a few years ago when the, major platforms actually restricted, various people from being able to use they suspended accounts from those that we were able to, actually be on there, including President Trump at that time.

  • Josh Lowenthal

    Legislator

    And that opened the door for the President to create his own platform, as a matter of fact. And not only did many wanna go follow him, they would have loved to have taken their data and taken all the things that they had established on those platforms that they then resented. And there was no mechanism for that to take place, as a matter of fact. So that here is inherently the problem, is we don't have any rights as consumers here.

  • Josh Lowenthal

    Legislator

    And let's also remember that we are not technically the end user.

  • Josh Lowenthal

    Legislator

    The end user are the advertising networks. We are the product. We are being productized. We are putting our personal information up there. And, you know, it is my fundamental belief that that should belong to us.

  • Josh Lowenthal

    Legislator

    If you think if I can give other real life examples, if these are tools, when else do we use tools? If we use tools to actually physically build something, who does that belong to? Does it belong to the tool maker, or does it belong to us? We buy paint and paint a picture. Does that belong to the paint company or does it belong to us?

  • Josh Lowenthal

    Legislator

    If we are using AI as a research vehicle AI platform's a research vehicle. If we're using, social media as a mechanism to communicate, to put on our sports teams, to do things like that, shouldn't that fundamentally belong to us? It is interesting to me, especially in social media, that the social platforms say, you can't legislate content. You can't legislate content. You cannot legislate content.

  • Josh Lowenthal

    Legislator

    We're gonna sue over that. But then when it comes to us wanting the content, they say, no. No. That content belongs to us. You don't have the ability to take that content with you to another platform.

  • Josh Lowenthal

    Legislator

    So, there's a lot of discrepancies, a lot I mean, committee members, I want to point out that every time every time that we have required regulatory portability and interoperability. The large oligopolies, the big players in the space have said it's complete downfall for the sector, for their industry, and it has actually been the opposite for both consumers and the businesses alike. I've worked in the telecommunications sector for 25 years. A bit older than most people in this room.

  • Josh Lowenthal

    Legislator

    I remember the time when when phone number portability didn't exist.

  • Josh Lowenthal

    Legislator

    And if you have service, for example, on AT&T would not be able to port your number to another service, and that meant that so there was an entire economy that couldn't be born because of that. An economy that we all utilize today. And the big players at that time continue to be the big players today in this new economy. Just ask AT&T. The portability opened up so many things for us, and that has happened in software.

  • Josh Lowenthal

    Legislator

    That has happened in hardware. That has happened in banking. That has happened in health care. And, you know, I simply believe that that this is, you know, a great consumer protection act.

  • Gail Pellerin

    Legislator

    Right. Right. Well, I appreciate the author. I know you work your bills with a lot of passion and intelligence, and I know you're very careful and thoughtful about how you draft laws. And so I will go ahead and support it today and look forward to continuing to work with you on it.

  • Gail Pellerin

    Legislator

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Miss Petrie Norris.

  • Cottie Petrie-Norris

    Legislator

    Okay. So, I know the hour is late, so I'll try to be brief. I really just don't understand how this would work at all. I think you used the analog of a four-phone number portability. Like, transferring a phone number is really different than this idea of, like, your entire and I appreciate the foundation that our digital footprint belongs to us, but like what does that actually mean in practice?

  • Cottie Petrie-Norris

    Legislator

    Like, transferring every post that you've ever posted and then somehow having to send that to another company and they upload it. I don't even stop watching at home. They have no idea what I'm doing.

  • Rebecca Bauer-Kahan

    Legislator

    waiting my Brilliance was left behind.

  • Cottie Petrie-Norris

    Legislator

    So, I don't understand how this would work. Did I understand correctly when your witness said that the CCPA already requires, like, a one-time thing? But that this bill would require some kind of continuous communication?

  • Josh Lowenthal

    Legislator

    I I'd like to answer quickly before handing it off and and simply sit and simply remind everybody that what this requires is that the platform that you're currently on, downloads and provides you with your data. That's very straightforward. I think your larger question is how then does another platform accept it? That is not a requirement in the bill. They're not obligated to do so.

  • Josh Lowenthal

    Legislator

    There are massive business cases for them to be able to figure that out because they're gonna want that business and monetize your time online. But it is not a requirement in the bill.

  • Cottie Petrie-Norris

    Legislator

    What do they give you? So, like, if I'm a consumer and I say, Instagram, I'm leaving Instagram. I would need my digital footprint. Like, what are what do they give you?

  • Matthew Lipka

    Person

    So you would if you're doing a download to you would get something like an Excel sheet that has a list of all of your posts and content. You might get a a folder zip file that has your pictures in it. So that's value this is valuable, the port is the portability element, and this is valuable because the you would have your own copy of it. So, if you get hacked or banned or something, then you would still have a copy of that.

  • Matthew Lipka

    Person

    The interoperability piece is, you know, if you hit this Excel file, it's huge, a terabyte or something.

  • Matthew Lipka

    Person

    It's very hard for a consumer to actually do anything with it. I've downloaded it. I don't know how to what to do with it. Okay? And and so you go to so what the bill would it would require is you can have the the company send it to another site directly that you designate or a portion of it, and that site would have the responsibility not it's not required under the bill, but they would have the the ability to decide, yes, I wanna display this.

  • Matthew Lipka

    Person

    They may not display everything. Right? If you send your your videos from TikTok to LinkedIn, that might not work, or you might they but they you might wanna just send your friends list. Right? So they would decide how they would use that data and if you if you send that to them.

  • Matthew Lipka

    Person

    So that's the and if they but if they do decide to display it, what it would do for the user is they would basically be able to post in one place, and it would show up in others. And if their friends decide to go to those other platforms because they like the algorithm better, that friend would be able to stay in touch.

  • Cottie Petrie-Norris

    Legislator

    What do you mean when you say you'd be able to post in one place, and it shows up in others?

  • Matthew Lipka

    Person

    So it means that you would, like, let's say you posted a video on reels and you share it to Tik- you're sharing your data to TikTok. reels would send it in real time to TikTok. If TikTok is choosing to display videos they receive from reels, that would then show up on your Reels account simultaneously.

  • Rebecca Bauer-Kahan

    Legislator

    Are you claiming that bill requires that?

  • Matthew Lipka

    Person

    Only the sending, not the display.

  • Cottie Petrie-Norris

    Legislator

    He is saying that it's requiring

  • Rebecca Bauer-Kahan

    Legislator

    I think we've gone a little bit off the rails of what the bill actually does based on your testimony, not the question. So let's come back to the bill.

  • Cottie Petrie-Norris

    Legislator

    Okay.

  • Rebecca Bauer-Kahan

    Legislator

    The bill I mean, currently, we all probably know this. There are services that allow for what you're describing where you go to sort of an intermediary and it displays in several social media locations. That's something I think many of us have experienced. But I think that's not my reading of the bill that it would require reels to give it to TikTok.

  • Cottie Petrie-Norris

    Legislator

    I think he's saying it requires not just a one time data transfer. It's requiring an ongoing data transfer between one platform to another.

  • Gail Pellerin

    Legislator

    I read that.

  • Cottie Petrie-Norris

    Legislator

    Definitely with the witness. Thanks.

  • Unidentified Speaker

    Person

    The staff yeah. Staff is shaking their heads in the back.

  • Cottie Petrie-Norris

    Legislator

    In any in any event, you know, I think that. I'm just sorry to-

  • Cottie Petrie-Norris

    Legislator

    So, I guess I would just say, you know, I think that we work on some very weighty and incredibly important issues in this in this committee, protecting privacy, protecting children. We just heard about it all. I think that there needs to be a balance between kind of what we're asking business to do and the protection that it's providing.

  • Cottie Petrie-Norris

    Legislator

    And to me, the the balance is is not reasonable here. I think we're actually asking business to do a whole lot for kind of that that may actually not even be possible for kind of an a nominal benefit. So I think I'd shared with you, like, my concern. So, you know, I can't support that today, but, you know, appreciate the work that you're doing in this space.

  • Josh Lowenthal

    Legislator

    I appreciate your comments, and I simply disagree that it's not a nominal benefit. I think if you have the ability to leave a platform for whatever your reasons are and not have to start from scratch, that's not a nominal benefit for others. I think that the question is, technically, is this feasible or not? And I think those are very valid questions. But I certainly think there's a massive consumer benefit to controlling all the data that you've put up online.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah. Miss Wilson. Thank you.

  • Lori Wilson

    Legislator

    So going back to your example as it relates to the phone, and we used to not you used to if you left it, you left your beautiful number that you might have liked or picked, and then you go to another place and you couldn't pick up that number. You can do that. You can transfer your number now, but you can't transfer every single call you made. Right? You can't transfer all of your history.

  • Lori Wilson

    Legislator

    It doesn't that doesn't work like that. Now with text messaging, which is a little different, you can get it to the cloud and then redownload again, but your call history typically is lost. And so, there are limitations even in the simple example you gave. And what I'm part of the thing I was concerned about with this bill is the social graph and downloading all these things that involve other people and then saying that should be sent to another place.

  • Lori Wilson

    Legislator

    Maybe one day they can have the technology to receive it.

  • Lori Wilson

    Legislator

    But what if, Lori Wilson on Facebook is different than the Lori Wilson on TikTok? Meaning, same person, me, but I have a different persona, and I don't want you attached to me. I'm attached to you on Facebook, but I clearly don't want you attached to me on TikTok. Right? And so I think when you say you're downloading all this and including other people in it, there might other people in it.

  • Lori Wilson

    Legislator

    Well, what's this I okay. Well, maybe I misunderstood what social graph meant. That was a new terminology for me, and I read it from the analysis. And it sounded like the people that you're connected to then are in the that you have access to them in the new place. And if they're in the new place, that connection is built.

  • Lori Wilson

    Legislator

    That's what I thought it was.

  • Matthew Lipka

    Person

    If they're in the new place.

  • Lori Wilson

    Legislator

    If they're in the new place. What I'm saying is Lori Wilson in Facebook or IG might be different than the Lori Wilson in TikTok, and I might not want to be associated with whoever was I was friends with on Facebook. People do have professional accounts and personal accounts. Right? And so I'm just saying, like, there's I think I think there's some privacy concerns that I have.

  • Lori Wilson

    Legislator

    I think that, some of this is if the technology exists. And so I don't know if if it's the chicken and the egg where you have to do it so the technology can exist or you let it happen naturally and then you start allowing rules, but it it seems weird to get in the legislative place, so won't be able to support it today.

  • Lori Wilson

    Legislator

    But you can give that comment if I'm saying something wrong.

  • Josh Lowenthal

    Legislator

    Yeah. I don't think you're saying anything wrong. I actually appreciate your comments. I wanna point, out that in the bill, it does say that the social media company model operator or other controllers should not share a or receive a user's personal information, contextual data, social graph through the interoperability interface without the user's content consent. So, the user would have to consent precisely for that.

  • Lori Wilson

    Legislator

    User is the person who who's the user in that sense? Because you let's say I'm connected with you on Facebook. You do this, and you're trying to connect with me. You wanna move everything. You don't like Facebook anymore.

  • Lori Wilson

    Legislator

    You wanna you don't like the reels. You wanna go to TikTok. So you go to TikTok. I'm on TikTok. So you're trying to connect with me on TikTok.

  • Lori Wilson

    Legislator

    You didn't even know I existed on TikTok. You'd right now, I would have to manually find me. So the user is who in this in your example.

  • Josh Lowenthal

    Legislator

    You wouldn't have to map to an existing count on TikTok unless you directed the company to do that. So you could direct it to open a new to a new account that you opened on TikTok.

  • Lori Wilson

    Legislator

    You, Lori, or you, Josh? So you're the one who's moving from

  • Josh Lowenthal

    Legislator

    You, Josh.

  • Lori Wilson

    Legislator

    Okay. That's what I'm saying. But Lori might not wanna talk to you on TikTok.

  • Lori Wilson

    Legislator

    That's the concern.

  • Josh Lowenthal

    Legislator

    In it-

  • Lori Wilson

    Legislator

    But I recognize we're at the end of the day. But that's what I was trying to understand. Like, the privacy issue I have is about this side of the equation, not your side.

  • Josh Lowenthal

    Legislator

    That's that is heard. I appreciate the concern. I also wanna point out briefly that that in telecommunications, portability is a carrier portability. Phone calls, texts, and so forth are on your device. And so that's device portability, which is also something that we can do today, but those are actually separate things.

  • Lori Wilson

    Legislator

    Oh, I oh, I know. That's I was saying the you use it as example. I was just noting the flaw.

  • Josh Lowenthal

    Legislator

    I was talking about number portability, not device portability. I was giving the example of number portability.

  • Lori Wilson

    Legislator

    But I'm saying you can port your number without all of that data, and you're asking for someone to port an account with all of it. But my colleagues is getting mad at me. I'm getting side eyes. Let me I got 10 demerits now. I'm sorry.

  • Rebecca Bauer-Kahan

    Legislator

    Oh, Mister Patterson just asked for four mics, so I'm pretty sure you're good.

  • Joe Patterson

    Legislator

    I've been issuing demerits.

  • Aodhan Downey

    Person

    Oh, well. Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    I think that Mister Patterson, hold on. Mister Bryan was next, if you don't mind.

  • Joe Patterson

    Legislator

    Of course.

  • Rebecca Bauer-Kahan

    Legislator

    And then we'll go to you.

  • Joe Patterson

    Legislator

    He's much more handsome.

  • Isaac Bryan

    Legislator

    That's in my favor. I appreciate that.

  • Isaac Bryan

    Legislator

    Mister Lowenthal, I think this is a really good bill. I think I know what you're trying to do. I think we all do. We just don't realize it. I remember when no.

  • Isaac Bryan

    Legislator

    Because I remember when the Assembly Democrats left X and then quickly realized we got rid of all of our microphones, except I did not leave X because I have 65,000 followers on X. And that took some time and work. And so, I said, nah. I'm a stay put.

  • Isaac Bryan

    Legislator

    And many of our colleagues went to new platforms and started from scratch with no constituents following them, no people following them, and we're just kinda just trying to figure out what to do. It would have been nice if I would have gone to Blue Sky immediately and left X if 65,000 followers I had. I knew who they were on the other platform or if they transferred easily. Facebook Meta figured this out when they launched threads.

  • Isaac Bryan

    Legislator

    Because if you launched a threads account, your followers from Instagram immediately populated in your threads account.

  • Isaac Bryan

    Legislator

    It they didn't ask you if they would. It was just conditional signing up for threads. And it was brilliant because why would you wanna start over again on threads? And then also, they made it contingent that you can never delete your threads without deleting both of them, which is another which is another thing we should we should work on. But now I have a a really good Instagram following of a 180,000, and people ask me, are you also on TikTok?

  • Isaac Bryan

    Legislator

    Yes. But like, to an audience that's, I don't know, an eighth of the size, because these things aren't transferring.

  • Isaac Bryan

    Legislator

    And I think there's a lot of creatives that have that same challenge.

  • Isaac Bryan

    Legislator

    And I think and correct me if I'm wrong, but that's kind of what you're trying to get at that the these that this social graph from the people who follow us to the content we put out should belong to us and not just the platform exclusively and trapping us into these silos or forcing us to work five X to produce the same the same output because these programs are not talking to each other or not giving us enough information to be more efficient.

  • Isaac Bryan

    Legislator

    Is that kind of what you're trying to get at?

  • Josh Lowenthal

    Legislator

    That's precisely what we're trying to get at. And I will also note that, forcing folks into silos or remaining into silos is harmful for the industry as a whole. It may be that business does not want to lose that specific customer, but overall, there's creates a general level of frustration that you're speaking to exactly. And folks shouldn't have to be forced with that, I mean under any circumstances. It's their information.

  • Isaac Bryan

    Legislator

    Yeah. I support this bill. If there's not a motion, I would move this bill. And if my handle on X was patter dude, I sure would wanna take all my followers to other places as well.

  • Rebecca Bauer-Kahan

    Legislator

    Okay. Patterson, you are recognized.

  • Joe Patterson

    Legislator

    Thank you. Well, I remember talking with my colleague about not leaving x and thought that was that was great, and he didn't. It's a great platform for news. Been known to tweet from time to time. So, on this piece of legislation, I believe you should be able to get your data and have access to your data.

  • Joe Patterson

    Legislator

    I do have concerns about some kind of like, system where another company, you know, picks up the data, uses it somehow, who knows how. I think you do have a right to your data. I mean, period. And I think a lot of the companies already provide that, actually, maybe not complete. I've never actually downloaded all my data from something, because it'd probably be pretty big.

  • Joe Patterson

    Legislator

    But I do agree with that in the bill. I I'm not quite there on the interoperability because I just I can't see how that why we should kinda require company to do that, and then it's floating in, you know, in the cloud somewhere, and then maybe they use the data and just the amount of traffic that that puts on our network. And is it constant like your witness was saying? You know, there just seems to be some issues to work out there. Maybe you'll get there.

  • Joe Patterson

    Legislator

    I have a lot of trust, you know, that you'll get there eventually. But I think for today, I'm gonna lay off just because the interoperability part, I have some concern about. But you're right in the premise that you should have a right to the data that you've been providing to these companies forever, you know? And so, hopefully, we kinda go that direction, but thanks for the discussion today.

  • Rebecca Bauer-Kahan

    Legislator

    Assemblymember Demaio?

  • Carl DeMaio

    Legislator

    So the hour is late. I'm gonna keep this as short as possible. Mister Lowenthal, tip I mean, this is a passion of yours. You know a whole lot about it more than I would venture to guess any of our legislative delegation. I think on this bill, you're probably farther down the road than the rest of us and maybe even than the industry.

  • Carl DeMaio

    Legislator

    This bill would put California as the first state to require Utah. Okay. How has it worked out in Utah? I think that that's a question that I we don't have time at this late hour to get into.

  • Carl DeMaio

    Legislator

    But this is a big shift. This but this would be a big shift. And my concern for all of us is I think the the hours late were kind of fried. This is a bill that should be first up when people are fresh and can be very considerate about going through the details and understanding the implications of it.

  • Carl DeMaio

    Legislator

    I think that if this bill were to pass, somehow find its way into law, and then we had problems, they would actually play this committee video and say, this is why.

  • Carl DeMaio

    Legislator

    They were literally fried at the end of an evening, and they might have benefited by pumping the brakes a bit and doing this with a fresh perspective. It does not do justice to the work you've done on your bill at all, and I know that there's probably a deadline that we're up against. But I can't support it today, and I think that some of you who and I might eventually support it. There's ideas Mister Lowenthal has introduced, so I'm like not so much.

  • Carl DeMaio

    Legislator

    And then suddenly, I learn more from what he provides me in the dialogue and I move in that direction, and it's good.

  • Carl DeMaio

    Legislator

    I don't think this is a good idea, with all respect to move forward on tonight. And I think we should look at it with a fresh set of eyes.

  • Committee Secretary

    Person

    Do you need a cookie?

  • Carl DeMaio

    Legislator

    No cookie.

  • Rebecca Bauer-Kahan

    Legislator

    Okay. I think that was the last comment unless there's one I missed. Okay. Mister Lowenthal, we've you know, our teams have discussed that I think what you're trying to do here is important. I think the bill in its current form is not where it needs to be, frankly.

  • Rebecca Bauer-Kahan

    Legislator

    And so I you know, we did make the request that you would continue to work with this committee to make sure that this is a workable, implementable solution moving forward and I appreciate my understanding is your team agreed to do that moving forward, because, fundamentally, what you're trying to do, and I think this is what our colleague, Mister Patterson, was saying, which is to give people control of their own data is makes sense. I mean, I think that is hard to frankly disagree with.

  • Rebecca Bauer-Kahan

    Legislator

    I do think it goes significantly further than that. So at the beginning, I was like, oh, they're talking about a very narrow portion of this bill. We then got into the rest of the bill with the social graph conversation and the like.

  • Rebecca Bauer-Kahan

    Legislator

    But I think that, we do need to be careful to make sure it's implementable, frankly. And so you know, making sure we start and sometimes by the end of the legislative cycle or year, we realize, okay, we need to take one bite out of this apple and start to give people power. Maybe we can't do it all at once. And Aye, frankly, am in a place where I'm not a 100% confident that we can achieve everything in this bill. I'm gonna be honest with you.

  • Rebecca Bauer-Kahan

    Legislator

    Despite the fact that I think your intentions are good, we still need to make sure that this is possible and that it is realistic. So I appreciate your commitment to keep working on this. I know you will. You are a hardworking author and one who believes, you know, you come out of business. You wanna make sure business can apply as much as the next person.

  • Rebecca Bauer-Kahan

    Legislator

    But I agree that the market functions better when consumers have choice, and I think that at the end of the day is what you're trying to empower. So with that, would you like to close?

  • Josh Lowenthal

    Legislator

    No. Simply, I only have this is only gonna take about forty minutes. You guys are alright with that. Right?

  • Rebecca Bauer-Kahan

    Legislator

    They're gonna start throwing mad.

  • Josh Lowenthal

    Legislator

    Madam chair, you madam chair, you hit the nail on you hit the nail on the head. That is precisely what we're trying to achieve. This is a this is a big lift. Would appreciate the opportunity to be able to continue to work on this, with all the key stakeholders in this area.

  • Josh Lowenthal

    Legislator

    I do wanna make note that the opposition's, comments centered around, invasions of privacy and deep concerns about privacy, but the privacy advocates that were here were all speaking in favor of this bill.

  • Josh Lowenthal

    Legislator

    And so, you know would love to have the opportunity to continue to move this forward. This is again, what I believe to be a fundamental human right, which is having intellectual property over your own digital footprint. And in every scenario where this has happened, it has been a success for consumers and business alike. I think it would be the same here despite the challenges.

  • Rebecca Bauer-Kahan

    Legislator

    Yes. Thank you, Mister Lowenthal. Mister Bryan has made the motion. Do we have a second?

  • Rebecca Bauer-Kahan

    Legislator

    With that, let's call the roll.

  • Aodhan Downey

    Person

    Item number 17, AB 2169 by Assemblymember Lowenthal. The motion is do pass as amended to appropriations. Bauer Kahan?

  • Rebecca Bauer-Kahan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Bauer Kahan, aye. Macedo?

  • Alexandra Macedo

    Legislator

    No.

  • Committee Secretary

    Person

    Macedo, no. Bryan?

  • Isaac Bryan

    Legislator

    Aye.

  • Committee Secretary

    Person

    Bryan, aye. Demaio?

  • Aodhan Downey

    Person

    Demaio, no. Hoover?

  • Josh Hoover

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Hoover not voting. Irwin?

  • Jacqui Irwin

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Irwin not voting. Lowenthal?

  • Josh Lowenthal

    Legislator

    Aye.

  • Committee Secretary

    Person

    Lowenthal, aye. McKinnor?

  • Tina McKinnor

    Legislator

    Aye.

  • Committee Secretary

    Person

    McKinnor, aye. Ortega?

  • Liz Ortega

    Legislator

    Aye.

  • Committee Secretary

    Person

    Ortega, aye. Patterson?

  • Joe Patterson

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Patterson not voting. Pellerin?

  • Gail Pellerin

    Legislator

    Aye.

  • Committee Secretary

    Person

    Pellerin, aye. Petrie Norris?

  • Cottie Petrie-Norris

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Petrie Norris, not voting. Ward?

  • Committee Secretary

    Person

    Ward, aye. Wicks?

  • Chris Ward

    Legislator

    Aye.

  • Buffy Wicks

    Legislator

    Aye.

  • Committee Secretary

    Person

    Wicks, aye. Wilson?

  • Lori Wilson

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Wilson not voting.

  • Rebecca Bauer-Kahan

    Legislator

    The bill has eight. It is out. Eight with two no votes. Is everyone here? Yes. Everyone's here, so we will close the roll on that one. And that was our last bill. Thank you all for your patience. We will call The roll for absent members on the rest.

  • Committee Secretary

    Person

    [Roll Call]

  • Rebecca Bauer-Kahan

    Legislator

    Bill is out 9-4. Thank you, everyone. We are adjourned.

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